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Minute Bk. 19 1/1972 - 12/1975 Municipal Building January Il, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 11, · 1972, at 7 p.m. in the Council ~hambers of the Municipal Building. PRESENT: Mayor Finlay, Councilmen Ramey, Chambers and Ayer; City Attorney and Acting City Secretary!, Ralph Mann. ABSENT: Mayor Pro Tem Neu andCity Manager. 1. Motion was made by Ay~r, seconded by Ramey that the minutes of the regular meeting of December 28,11971 be approved. Motion carried. 2. BIDS: (A) #71-7729 Three Wheel Police Vehicle Motion was made by Ramey, seconded by Chambers that the bid be awarded to Keystone Material Handling C~mpany at a low bid of $1,940, without trade-in. Motion carried. (B) #71-7738 Articulating Frame - Front End Loader Motion was made by Chambers, seconded by Ayer that the bid be awarded to Village Creek Equipment Company at a low bid of $26,541.09, less trade-in of $12,000, for a net price of $14!541.09. Motion carried. 3. The following OrdinanCe was presented: ORD!NANCE NO. 72-1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE COBE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 3 AND 4 OF CITY BLOCK 355, AS SHOWN THIS DATE OM THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. M ' otion was mane by AYer,.-seconded by Ramey that the Ordinance be passed. On roll call vote .Cha~l~r~'?~,ote~ "aye", Ramey voted "aye", Ayer voted "aye" and Finlay voted "aye".~'~'~lo~t~.on,~ahi,~e~ 4. The Nominating Commit':ee recommended the appointment of Henry Joe Jones to the Planning and Zoning Comm'ssion, replacing W. L. Kimble. Motion was made by Ayer, seconded by Chambers that Henry Joe Jones, 718 Morse Street, be appointed as a member of the Planning and Zoning Commission, replacing W. L. Kimble. Mot6onicarried. 5. Motion was made by Ramey, seconded by Chambers that the following two vouchers be approved: (A) Bill Utter Ford in the amount of $1,728.72 (B) Darr EquipmentiCompany in the amount of $1,000.00 Motion carried. 6. Motion was made by Ra~ey, seconded by Chambers that the contract for an Airport Master Plan be award(d to Shemik, Roming, Jacobs & Finklea, with the Mayor authorized to sign. Moti('n carried. January ll, 1972 Continued 7. The following Resolution was presented: Be it known on the llth Day of January, 1972, at a regular meeting of the City of Denton, Texas, there came on to be considered the matter of the execution of a contract between said City of Denton, Texas, and the Atchison, Topeka and S~nta Fe Railway Company relating to the construction, maintenance and use of one (1) sixteen (16) inch water pipe line crossing at Mile Post 103 plus 4650 feet at Denton,, Denton County, Texas, whereupon the following proceedings were had. It was moved, seconded and unanimously voted that Alexander M. Finlay, Mayor, be authorized and empowered to execute, on behalf of the City of Denton, Texas, such contract or agreement, copy of which is hereto attached, and the same be recorded in the minutes of the City Council, at the foot of this Resolution. STATE OF TEXAS ~ CITY OF DENTON ~ I, Brooks Holt, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a Resolution passed by the City Council of said C~ty, in regular session, on January llth, 1972, as the same appears on record in Book No. 19, page 2, Minutes of said City Council. In Testimony Whereof, Witness my hand and the seal of said City, the 18th day of January, 1972. BROOKS HOLT, CITY SECRETARY Motion was made by Ramey, seconded by Chambers that the Resolution be passed and the Mayor authorized to sign. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at 7:38 p.m. MUN}CIPAL BUILDING January 25, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 25, 1972, at 7 p.m. in the Council ~hambers of the Municipal Building. PRESENT: M~yor Finlay, Mayor P~o Tem Neu, Councilmen Ramey and Chambers; City Manager, City Attorne~ and Acting City Secretary, Ralph Mann. ABSENT: Councilman Ayer 1. Motion was made by Chambers, seconded by Neu that the minutes of the regular meeting of January 11, ~972 be approved. Motion carried. 2. BIDS: (A) #71-7748 Tree:Trimming Motion was made by Ramey, seconded by Neu that the bid be awarded to Blume System, the low bidder me~ting specifications, at a low bid of $164.24 per eight (8) hour day. Mo~on carried. (B) #72-7752 Metering Pedestals Motion was made by Neu, seconded by Chambers that the bid be awarded to General Electric Supply in the amount of $2,098, less 2% cash discount, with freight from factory allowed, aS recommended by the City Manager. Motion carried. (C) #72-?756 Vide~ Tape System Motion was made by Neu, seconded by Ramey that the bid be awarded to Concord Communications, the low~st bidder meeting specifications, at a Bid of $1,983.60. Motion carried. 3. FOR REFERRAL Motion was made by Chambers, seconded by Ramey that Z-1142, the petition of Mobil Systems, Incorporated, requesting that the zoning classification of the 600 block of Loop 288 be ichanged from the Agricultural Classification to the Planned Development Classification, (The remainder of the property, which is located outside the corporat~ limits, is also being requested for annexation to the City of Denton and rezon~ng from the Agricultural Classification to the Planned Development Classification, if annexed--this property is situated between Loop 288 and Mayhill Road) be r~ferred to the Planning and Zoning Commission for its recommendations. Motio~ carried. 4. Mayor Finlay, ~peaking in behalf of the Council, recognized Mr. George Bland, who retired after completing 29 years of service with the City in the Street and Bridge Department. The Mayor presented Mr. Bland an engraved plaque. 5. PUBLIC HEARINGS: (A) A public hearing was held on Z-1140, the petition of Mrs. Ella Lee Moore, requesting that the ~oning classification of 914 Welch Street be changed from "SF-?" Single Family Classification to the '5~-1" Multi-f~mily Classification. The property isl described as being City Lot #5, Block 355. After hearing one p~oponent and none in opposition and a report of approval from the Planning and Zoning Commission, motion was made by Ramey, seconded by Neu that the petitio~ be approved, and the City Attorney be instructed to draw up an appropriate ordinance. Motion carried. (B) A public heariKg was held on Z-1141, the petition of the Planning and Zoning Commission, requesti~g~ that changes be made in the uses permitted in the Planned Development Classifilcation. There were no speakeys for or against the petition. Motion was made by Chambers, seconded by Neu that the petition be approved, and the appropriate ordinance submitted. Motion car!ried. January 25, 1972 Continued (C) A public hearing was held on S-43, the petition of Mrs. E. H. Rich, requesting that a Spec~ific Use Permit be granted for the operation of a Mobile Home Park at 204 Rich Street. The property in question is further described as being located in City Block 350-K, Lot 12, and is 56 feet by 211 feet. After hearing one proponent and no opposition and a report of approval by the Planning and Zoning Commission, with conditions, motion was made by Neu, seconded by Chambers to approve the petition, subject to the following conditions: (1) No more than one mobile home shall be permitted at any one time. (2) The mobile home park, limited to one mobile home, shall not extend beyond the limits of City Lot 12, Block 350-.K as shown this date on the tax records of the City of Denton. (3) This permit shall expire when the use described herein is discontinued or abandoned for a continuous period of one year, or by act of the City Council. Motion carried. (D) A public hearing was held on S-44, the petition of Mr. James N. Horn, requesting that a Specific Use Permit be granted for the operation of a gravel excavation site located on Airport Road. The property in question is further described as being located to the east of the Denton Airport. After hearing one proponent and no opposition, and a report of ~--~ approval by the Planning and Zoning Commission, moiion was made by Neu, seconded by Chambers that the petition be approved. Motion carried. 6. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 72-2 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY ADDING NLqq SECTIONS TO THE UNIFORM BUILDING CODE, 1970 ADDITION, VOL~ ONE, PROVIDING CERTAIN EXCEPTIONS TO FIRE ZONE REQUIREMENTS FOR RESIDENCES AND APARTMENT HOUSES; PROVIDIN~ A NEW SCHEDULE FOR BUILDING AND MOVING PERMIT FEES; PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be passed. On roll call vote Ramey voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 72-3 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF R]~E CITY OF DENTON, TEXAS, BY ADDING NEW USES TO THE DESIGNATED USES PERMITTED IN THE PLANNED DEVELOPMENT DISTRICT PROVIDING CERTAIN EXCEPTIONS TO SAME; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by CHambers that the Ordinance be passed. On roll call vote Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Mo~ion carried. (C) ORDINANCE NO. 72-4 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT S OF BLOCKl~S3B, AS SHOWN THIS DATE ON THE OFFICIAL T~X MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the Ordinance be passed. On roll call vote Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. January 25, 1972 Continued 7. Motion was made by Neu, seconded by Ramey to appoint Dr. David Speck, ~ember mud Mrs. Robert Caldwell, alternate member, to the membership of the Major Resource Center System Council, as recon~nended by the Library Board. Motion carried. 8. Motion was made by Neu, seconded by Chambers that the final payment for paving a_nd drainage improvements on Carroll, Henry and Parkway Streets to J. L. Bertram be approved in the amount of $13,155.22, as recommended by the City Manager. Motion carried. 9. Motion was made by Neu, seconded by Ramey to approve the installation ~or traffic signals at the intersection of Avenue C and Eagle Drive. Motion carried. 10. Motion was made by Neu, seconded by Chambers to issue a Quit Claim ~ Deed to Southridge Addition for the unused easement in said addition, as ~" described in the Quit Claim Deed. Motion carried. ~_~ 11. Motion was made by Ramey, seconded by Neu to approve payment to Black ~ and Veatch Consulting Engineers for engineering services, in connection with Unit 5 addition to the Municipal Power Plant, in the amount of $199,989.13. Motion carried. 12. Motion.was made by Neu, seconded by Chambers to approve the request of Barney J. Doss for sewer service to a residence outside the city limits. ~tion carried. 13. Motion was made by Chambers, seconded by Ramey to hold a special meeting of the Council at 7 p.m. on January 31, 1972 in the Council Chambers to canvass the January 25, 1972 Bond Election returns. Motion carried. Meeting adjourned at 8:40 p.m. MAYOR Municipal Building January 31, 1972 Special meeting of the City Council, City of Denton, Texas, Monday, January 31, 1972, at 7 p.m. in the Council CHambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Chambers,'Ramey and Ayer; City Manager, City Attorney and City Secretary The meeting was called to canvass the Municipal Bond Election of January 25, 1972. January 31, 1972 Continued ORDINANCE NO. Y.~.-5 ORDINANCE CANVASSING ELECTION RETURNS THE STATE OF TEXAS COUNTY OF DENTON ~ --~. CITY OF DENTON WHEREAS, the City Council of said City duly ordered an election to be held in said City on the 25th day of January, 1972, on the PROPOSITIONS hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, offieers, holding, and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereef, and said returns have been duly delivered to said City Council; and THE COUNCIL OF THE CITY OF Dt~TON HEREBY ORDAINS: 1. That the City Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Ordinance calling said election. 2. That the City Council officially finds and determines that the following votes were cast at the election on each submitted PROPOSITION, by the resident, qualified electors who own taxable property in said City, and who have duly rendered the same for taxation, and who voted at the election: PROPOSITION NO. 1 1567 VOTES:: FO~/~ e. ~: '~ ) "'-~- .'4':' ?. "?~'~i~!' THE ISSUANCE OF $8,700,000 OF STREET '~ '.'"'~' '"'?":~"~' "-"-;~, AND DRAINAGE GENERAL OBLIGATION BONDS '~89 VOTES: AGAINST ) . PROPOSITION NO. 2 1303 VOTES: FOR ) ) THE ISSUANCE OF $950,000 OF PARK ) GENERAL OBLIGATION BONDS 2646 VOTES: AGAINST ) PROPOSITION NO. 3 696 VOTES: FOR ) ) THE ISSUANCE OF $850,000 OF AIRPORT ) GENERAL OBLIGATION BONDS 3146 VOTES: AGilNST ) PROPOSITION NO. 4 1952 VOTES: FOR ) ) THE ISSUANCE OF $6,000,000 OF WATER- ) WORI<$ SYSTEM REVENUE BONDS "- 2005 VOTES: AGAINST ) January 31, 1972 Continued PROPOSITION NO. 5 1880 VOTES: FOR ) ) THE ISSUANCE $9;000,000 SEWER ) SYSTEM RE~BONDS 2079 VOTES: AGAINST ) 3. That th~ City Council~fficially finds and determines that the following votes were cast at th~ election, on each submitted PROPOSITION, by all other resident, qualified electors of said City who voted at the election: PROPOSITION NO. 1 36 VOTES'> FOR ) ) THE ISSUANCE OF $8,700,000 OF STREET ) AND DRAINAGE GENERAL OBLIGATION BONDS 45 VOTES: AGAINST ) PROPOSITION NO. 2 29 VOTES: FOR ) ) THE ISSUANCE OF $950,000 OF PARK ) GENERAL OBLIGATION BONDS 52 VOTES:. AGAINST ) PROPOSITION NO. 3 18 VOTES: FOR ) ) THE ISSUANCE OF $850,000 OF AIRPORT ) GENERAL OBLIGATION BONDS 62 VOTES: AGAINST ) PROPOSITION NO. 4 43 VOTES: FOR ) ) THE ISSUANCE OF $6,000,000 OF WATER- ) WORKS SYSTt~4 REVENUE BONDS 38 VOTES: AGAINST ) PROPOSITION NO. 5 39 VOTES: FOR ) ) THE ISSUANCE OF $9,000,000 OF SE~ER ) SYST~ REVENUE BONDS 41 VOTES: AGAINST ) 4. That the City Council officially finds, determines, and declares the result of said election to be that each PROPOSITION so submitted has not received a favorable majority vote and has failed. PASSED AND APPROVED this the 31st day of January, A. D. 1972. ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS January 31, 1972 Continued Motion was made by Neu, seconded by Ayer that the Ordinance be passed. On roll call vote Chambers voted[ "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye".~ Motion carried. Meeting adjourned at 7:20 p.m. // mYOR CITY~ SECRETARY M~aicipal Building February 8, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 8, 1972, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Chambers and Ramey.; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Aye'r, seconded by Neu that the minutes of the regular meeting of January 25, 1972 gad 'the special meeting of January 31, 1972 be approved. Motion .carried. 2. BIDS: (A) #71-7740 Crawler Loader-Ripper Motion was made by Neu, seconded by Chambers that the bid be awarded to Darr Equipment Company at a low bid of $41,390.00, with trade. Motion carried. (B) #71-7761 Ditcher Motion was made by Ayer, seconded by Ramey that the bid be awarded to Peerless Equipment Company at a low bid of $4,465.00. Motion carried. 3. Mayor Finlay read a Proclamation, proclaiming February 13-19, 1972 as Vocational Education Week in the City of Denton. 4. FOR REFERRAL: Motion was made by Neu, seconded by Ramey that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1143, the petition of Mr. George C. Goen, Jr., requesting that the property at 918, 924 and 928 Welch and 1114 Fannin be changed from the "SF-7" Classification to the '%4F-1" Classification. (This property is made up of four lots in the northwest quadrant of the Welch and Fannin Street intersection. The lots are also referenced to the City Tax Record Map as being Block 355, Lots 6, 6.1, 6.2, and 7. This property measures approximately 205' x 228') (B) Z-1144, the petition of Mr. Carl Sweatman, requesting that the property at 617 Newton be rezoned from the "SF-7" Classification to the Agricultural Classification with a Specific Use Permit for a mobile home park. (This property is described as being located ~n the east side of the City between the southern portion of Dreamland Apartments on the west and Hensley Packing Company on the east. This property is referred to in 'the City Tax Records as City Block 274, Lot 7, and the dimensions are approximately 162' x 270' Motion carried. February 8, 1972 Continued 5. Th~ following Ordinances were presented: (A) ORDINANCE NO. 72-6 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT 5, BLOCK 355, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AND EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 72-7 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDER- lNG AN ELECTION TO BE HELD ON THE 4TH DAY OF APRIL, A. D. 1972, THE SAME BEING THE FIRST TUR. SDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING I~O (2) COUNCILMEN FOR THE CITY OF DENTON, TEXAS, tN ACCORDANC~ WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON;tkg NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be passed. On roll call vote Chambers voted "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 6. Motion was made by Chambers, seconded by Neu that the following three vouchers be approved for payment: Bill Utter Ford $2,522.37 Boyd Excavation $2,040.00 F. E. Myers and Brothers Co. $1,068.74 Motion carried. 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF FEBRUARY, A. D. 1972. RESOLUTION WHEREAS, in Denton County, on Loop 288, the City of Denton has requested assistance in the installation of ~raz[fic signals at F~rm Road 426 and State Highway 380 (formerly Highway. 2.4). an~,~channelization at Farm to Market Road 426; and ~' ~ · WHEREAS, it has been determined that such work is el.~gible for participation in the Federal TOPICS Program; and WHEREAS, it is the desire of the City of Denton to assist the Texas Highway Department in such improvements; and WHEREAS, the Texas Highway Department will prepare construction plans and specifications and provide for the installation of traffic signals at Farm to .Market Road ~26 and State Highway 380 (formerly Highway 24) and channelization at Farm to Market Road 426, all at an estimated cost of $104,600; February 8, 1972 Continued NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City hereby approves the installation of such traffic signals and agrees to enforce all regulations as may be necessary for proper operation of the installations; and 2. The City shall maintain and operate the signals upon conrpletion in a manner satisfactory to the Texas Highway Department; and 3. The City hereby accepts the provisions of Minute Order No. 65818 of the Texas Highway Department, dated January 31, 1972, covering the details of the proposed improvements and financing the cost in the Federal TOPICS Program. PASSED AND APPROVED this the 8th day of February, A. D. 1972. /s/ ALEXANDER M. FINLAY, JR., ~YOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS - APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be passed. On roll call vote Ramey voted "aye", Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 8. Motion was made by Neu, seconded by Chambers that the Tax Adjustment Report for January, 1972 be approved in the amount of $1,936.66. Motion carried. 9. Motion was made by Ramey, seconded by Neu that a Work Study Contract with North Texas S~ate University be approved and the Mayor be authorized to sign. Motion carried. Meeting adjourned at 7:35 p.m. ~~.~~ ~,.~..~ MAYOR CIT~ SE4~RETARY Municipal Building February 22, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 22, 1972, at 7 p.m., in the Council Chambers of the ~{unicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Rs]ney; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Neu, seconded by Ramey to approve the minutes of the regular meeting of February 8, 1972. Motion carried. 2. BID: (A) #72-7776 Sale of Scrap Wire Motion was made by Ramey, seconded by Ayer that the bid be awarded to the high bidders as follows, as recommended by the City ~nager: Item 1, Bare scrap copper wire to Fulton Supply Co. Item 2, insulated scrap copper wire to Fulton Supply Co. Item 3, aluminum wire to J. C. Lansford Motion carried. 3. FOR REFERRAL: (A) Motion was made by Chambers, seconded by Neu that Z-1145, the petition of Dr. G. E. Adami, requesting that the zoning classification of the 4500 block of 1-35 be changed from the Agricultural Classification to the Office Classification be referred to the Planning and Zoning Commission for its recommendations. (This property is described as being located adjacent to and north of Greenway Club Estates and east of 1-35). Motion carried. 4. QUIT CLAIMS: (A) The Council discussed the possibility of quit claiming the entire alley running north and south in the middle of a city block, between Locust Street to the east and Elm Street to the west, with Parkway to the south providing engress and egress. This matter was tabled on December 28, 1971. Motion wa~ ~ad~Z Ne~conded by Ayer to abandon as an alley the above described alley, but~E~i~t~asement use and dtrectzng the City Attorney to draw up an appropriate legal document, with the Mayor authorized to sign same. 5{otion carried. (B) Motion was made by Neu, seconded by Chambers to quit claim a 16' utility easement along, across and under the east side of Lot 4, Block 21, Southridge Addition, as requested by Dick Kels~y, and authorize the Mayor to sign same. Motion carried. 5. The Council considered the acceptance of the 1972 Traffic Improvements Program with assignments of project priorities, as recommended by the Planning and Zoning Commission. After being briefed by the City Traffic Engineer, motion was made by Neu, seconded bF Ayer to accept the following recommendations of the Planning and Zoning Commission and the Traffic Engineer: NO PARKING ZONES Priority .Avenue C - Jagoe - Malone Streets Hickory to University ............ 1 Carroll Blvd. Mulberry to Eagle ................ 2 Eagle Drive Welch to Locust .................. 5 Bell Avenue University to Sherman ............ 6 Parkway Street Austin to Carroll ................ 7 Fulton Street Oak to University ............... 11 February 22, 1972 Continued SPEt~ LIMIT CHANGES Priority Fort Worth Drive S. City Limits to Eagle Dr--=---=~-3 Dallas Drive I-3SE to Eagle Dr.- ................ 3 E. McKinney Street Locust to Loop 288 ................. 3 Sherman Drive Locust to N. City Limits ........... 3 N. Elm University to N. City Limits~ ..... 3 West University Fulton to W. City Limits ........... 3 Teasley Lane S. City Limits to Dallas Dr,- ...... 3 ON~ WAY STREETS Texas Street Oakland to Mingo Westbound ......... 9 Withers Street Oakland to Mingo Eastbound ......... 9 Mingo Road Withers to Texas N. Eastbound ...... 9 9" STREET NAME SIGNS University Drive Loop 288 to 1-35 ................... 4 1-35E Mayhill Road to University ......... 8 Loop 288 1-35E to University ............... 10 Motion carried. 6. Motion was made by Ayer, seconded by Neu to approve payment of a voucher in the amount of $1,438.48 to Southwest Electric in payment of repair of thirteen transformers for Electric Distribution. Motion carried. 7. The M=~nager advised the Council that federally subsidized flood insurance through HUD has been approved for Denton citizens, but that the City of Denton was not responsible for its administration but that local citizens should handle the matter through their insurance agent. 8. The Mayor read a Proclamation proclaiming Girl Scout Week as ~4arch 12-18, and presented it to a grol~ of Girl Scouts. Meeting adjourned at 7:32 p.m~ ~~~~ MAYOR C'ITI~ ~F~ TARY Municipal Building March 14, 1972 PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Neu, seconded by Ayer to approve the minutes of the regular meeting of February 22, 1972. Motion carried. 2. BIDS: (A) #72-7780 Road Materials Motion was made by Ramey, seconded by Chambers that the bid be awarded as follows, as recommended by the City Manager and the Purchasing ,. Department: Items 1 2, 3 & 4 to Moore Building Products , Item 5 to Trinity Portland Item 6 to Texas Lime on a draw bid Items 7, 8, 9 & 10 to Texas Industries Item 11 to Brutex, Inc. Item 12 to Boyd Excavation Items 13, 14, 15, 16 & 17 to Wright Asphalt Items 18, 19, 20, 21, 22 & 23 to Gifford Hill Items 24 & 25 to Vulcan Materials Motion carried. 3. Mayor Finlay recognized Mr. P. D. Richey for his outstanding services to the City of Denton for the past 21 years. A plaque was presented to Mr. Richey on his retirement as Sanitation Superintendent. 4. FOR REFERRAL (A) Motion was made by Ayer, seconded by Chambers that the petition of Mr. Antone P. Raposa (Z-1146), requesting that the property at the 2100 block of E. University be changed from the "SF-7" Classification to the General Retail Classification be referred to the Planning and Zoning Con~nission for its recommendation. (~]~is property is further described as City Block 176-V, Lot 3.) Motion carried. 5. Don Johnson and Eddie Raposa appeared relative to property in the proposed right of way of Loop 288. Motion was made by Neu, seconded by Ayer that the Council go into an executive session following the regular meeting to consider this matter. Motion carried. 6. The following Ordinance was presented: ORDINANCE NO. 72-8 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SA~4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY TRACTS 3 AND 4 OF CITY BLOCK 1005 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. March 14, 1972 Continued 7. Mr. Tom Harpool, Chairman of the Public Utilities Board, appeared in behalf of the Board, stressing the necessity to present a~ Water And Sewer Revenue Bond issue to the voters as soon as possible. Mr. Harpool pointed out the importance of such action and then answered questions from individual Council members. 8. Mr. Brad Gibson, dba Denton Cabs, appeared relative to an increase in fares for the company through a 'new zone system in the City. After questioning Mr. Gibson, motion was made by Ramey, seconded by Ayer to table the matter until ~he next regular meeting so that a more detailed study can be made of the request. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 72-9 ORDINANCE DIRECTING THE ISSUanCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS [ COUNTY OF DENTON [ CITY OF DENTON ~ THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $6,000,000 ELECTRIC REVENUE BONDS, SERIES 1972 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building in the City of Denton until: 10:30 AM, CST, Tuesday, April 25, 1972, for the purchase of $6,000,000 Electric Revenue Bonds, to be dated May 1, 1972, and to mature serially November 1 each year 1973 through 1997. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and. City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. Ail sealed bids will be publicly opened and tabulated before the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about April 14, 1972, and will be furnished to any prospective bidder upon request, by First Southwest Company, 900 Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. March 14, 1972 Continued By order of the City Council of the City of Denton, Texas. BROOKS HOLT City Secretary City of Denton, Texas 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; ~nd said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. Motion was made by Neu, seconded by Chambers that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye" Motion carried. . 10. Motion was made by Neu, seconded by Ayer that the Tax Adjustment Report for February, 1972 in the amount of $3,385.04 be approved. Motion carried. 11. Motion was made by Neu, seconded by Ayer that payment of the following vouchers in excess of $1,000 be approved: Brutex, Inc. Invoice #1382 $1,125.85 Calvert Motor Co. Garage Dept. Purchases $1,550.72 Cummins Supply Invoice #24820 $1,635.46 Cummins Supply Invoice #21896 $1,465.37 Cummins Supply Invoice #26252 $1,665.06 Cun~nins Supply Invoice #26257 $3,134.92 Davis Equipment Co. Invoice #48387 $ 440.?5 Davis Equipment Co. Invoice #48391 $ 781.00 Priester Supply Invoice #04419 $1,253.40 Southwest Electric Invoice #11369 & #11370 $2,775.50 Motion carried. 12. Motion was made by Neu, seconded by Chambers to name Oran Crouch to the Airport Advisory Board, to serve the unexpired term of Tom Martin, as recommended by the Nominating Con~nittee of the Council. The term will expire June 30, 1973. Motion carried. Meeting adjoun~ed at 8:45 p.m. "'7 MAYOR ,~ iT¥~SECRETARY ~nicipal Building March 23, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 28, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, ~4ayor Pro Tern Neu, Councilmen Ramey, Chambers and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Ayer, seconded by Ramey that the minutes of the regular meeting of March 14, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7785 Gould Brush Recorder After a briefing by the Director of Utilities, motion was made by Neu, seconded by Chambers that the bid be awarded to Gould, Inc. Brush Division, at a low bid meeting specifications of $2,345. Motion carried. 3. Mayor Finlay read a proclamation, proclaiming Law Day, May 1, 1972 in the City of Denton and another proclamation, proclaiming Respect For Law Week May 1-7, 1972. 4. Mr. Brad Gibson, dba Denton Cabs, appeared relative to his request for a cab rate increase through a zone system. Motion was made by Ramey, seconded by Neu that the request for a rate increase be approved contingent upon approval of the Office of Economic Stabilization through the Economic Stabilization Act of 1970. Motion carried. Motion was made by Ramey, seconded by Chambers to set the time of implementation of the rate increase as April 15, 1972. Motion carried. 5. Mr. Bill Parker, Atto~aey, representing Bob Nichols, appeared relative to the request of Bob Nichols for payment through Pro Rata Ordinance #71-17 for a 14 inch water line installed in 1965 in Teasley Lane to serve the Montecito Subdivision. Motion was made by Ayer, seconded by Neu that the matter be referred to the Utilities Board and the Legal Department for study, and that the Council then be provided with their judgment and ramifications of the request. Motion carried. 6. PUBLIC HEARINGS: (A) The ~ayor opened a public hearing on Z-1144, the Petition of Mrs. Carl Sweatman, requesting that the property at 617 Newton Street be changed from the "SF-7" Classification to the Agricultural Classification and further that a Specific Use Permit be granted for the operation of a mobile home park at 617 Newton Street.,~ contingent upon certain restrictions. (This property is further described as' being located on the east side of the City between the southern portion of Dreamland Apartments on the west, and Hensley Packing Company on the east. This property is referred to as City Block No. 274, Lot No. 7, and the dimensions are approximately 162' x 270'.) No one spoke for or against the petition. After a report from the City Planner of approval of the Planning and Zoning Commission, motion was made by Neu, seconded by Ayer to approve the petition subject to the following conditions: (1) No more than one mobile home shall be permitted at any time. (2) The mobile home park, limited to one mobile home, shall not extend beyond the limits of City Lot No. 7, Block No. 274 as shown this date on the tax records of the City of Denton. March 28, 1972 Continued (3) This permit shall expire when the use described herein is discon- tinued for a continuons period of one year or by act of the City Council. (4) That the mobile home shall be connected to the existing sanitary sewer line located in Newton Street adjacent to the subject lot prior to actual issuance of the Specific Use Permit. (5) This Specific Use Permit will terminate at the time Mr. and Mrs. Carl Sweatmm] neither own nor reside on the property described as City Block No. 274, Lot No. 7. Motion carried. (B) A public hearing was held on Z-1142, the appeal of Mobil Systems, Inc. requesting that the zoning classification of the 600 block of Loop 288 be ' changed from the Agricultural Classification to the Planned Development Classification. The remainder of this property, which is located outside of the corporate limits, is also being requested for annexation to the City of Denton and rezoning from the Agricultural Classification to the Planned Development Classification, if annexed. (This property is further described as being situated between Loop 288 and Mayhill Road and lies south of F.M. Road 426 (E. McKinney). Pecan Creek also crosses this property, and the majority of land to be requested for annexation and zoning represents approximately 130 acres. The existing corporate limits line is approximately 600' east of Loop 288 and south approximately 600' from F.M. 426.) After hearing 6 speak in favor of the petition and none in opposition, a report from the City Planner, the Director of Community Development and the City Traffic Engineer, motion was made by Neu, seconded by Chambers that the petition be approved subject to the following conditions, and that the required documents be prepared by the Legal Department for Planned Development and annexation of a portion of the property: (1) That a drainage easement be provided along that portion of Pecan Creek within the property boundaries belonging to Mobil Systems, Inc. A reasonable size for this easement will be determined by the Cor~nunity Development Department. (2) That all of Mayhill Road within the property boundaries owned by Mobile Systems, Inc. be dedicated as a 60' R.O.W. to the City of Denton. When the property owner extends the east-west co,m~on collector street to Mayhill Road, the developer would escrow half of the development of the road and place the escrow money in a Denton bank. (3) That the co,,~on collector street linking Mayhill Road with Loop 288 be provided as a minimum 60' R.O.W. with a minimum 45' back of curb to back of curb street improvement from Mayhill west to a point where the R.O.W. should increase to an 80' R.O.W. with a minimum 14' island divide separating two streets, each being a minimum of 24' back of curb to the back of curb street improvement, to the west to a point of intersection with Loop 288. Street improvements should be in accordance with City specifications. (4) That alleys be required to be dedicated with a minimum width of 20' and paved with concrete. Two 5' easements on each side of the alleys with space for the placement of water and s~wer lines, transformer pads, utility poles, service meters, and garbage pick-upunits is also required. The townhouse area and the four-plex area are the two areas where alleys are shown to exist. Mardh 28, 1972 Continued (5) That the parking requirements shall be two parking stalls per individual unit. Ail parking shall be provided in accordance with the requirements of Article 15 of the Zoning Ordinance as applied to the r~lti-family (MF-1) and the general retail (GR)' classifications. (6) That the land 'be properly elevate~ and landscaped for drainage control to secure the development against possible flooding. Underground drainage pipes should also be provided to carry drainage water. (7) That a 50' setback be required on this property along Loop 288 and F.M. Road 426. (8) That a 25' setback be required along Mayhill Road and all interior streets within this development. (9)That the north-south common open space corridor be not less than 120' in width. (10) That the final plans shall include complete engineering desi~ of the site development, said design to include all potable water distribution and service, all sanitary sewer collection and all drainage structures and facilities. City Subdivision Rules and Regulations shall be used as a guide to accomplish a comprehensive design. Ail engineering design shall be approved by a registered profes~sional engineer and copies of all design calculations shall be submitted upon request of the City. Motion carried. 7. Motion was made by Rmney, seconded by Neu that the following four (4) petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1147, the petition of Mr. J. Wilbur Smith, requesting that the zoning classification of 2830 N. Locust be changed from the Agricultural Classification to the Multi-Family (MF-1) Classification. (The City tax records indicate that this property is City Block No. 135-A, Lot No. 12. The location of this property is just north of the existing Hillcrest Baptist Church on the east side of N. Locust Street. This request represents approximately one acre of land.) (B) Z-1148, the petition of Mr. R. D. Case, requesting that the zoning classification of 2001Denison Street be changed from the Multi-Family (MF-1) Classification to the General Retail Classification. (The block in which this property is located is between University Drive and Henry Street. The property is existing in the middle of the City block on the west side of Denison Street. The City tax records indicate that this property is City Block No. 446, Lot No. 6.2 and the dimensions of the property are approximately 80' x 150'.) (C) S-45, the petition of Mr. R. C. Popplewell, requesting that a Specific Use Permit be granted to him for the operation of a private club at 1502 W. Hickory. (The property in question is described as being located at the northwest corner of the intersection of Avenue B and Hickory Street. The City tax records indicate that this property is City Block No. 386, Lot Nos. 15 and 16.) (D) S~46, the petition of Mr. Jeffrey A. Nispel, requesting that a Specific Use Permit be granted to him for the use of a fraternity house at 712 W. Hickory. (The property in question is described as being located just west of Avenue C and north of Hickory Street. The City tax records indicate that this property is City Block No. 386,-Lot No. 24. The area of the property is approximately 93' x 160'.) Motion carried. March 28, 1972 Continued 8. The Council considered Change Order #1 to Westinghouse on Unit #$ addition to the Steam Plant. After being briefed by the Director of Utilities, motion was made by Neu, seconded by Ayer that the Change Order be approved in the increased amount of $2,241, as recon~ended by the Utilities Board and the Director of Utilities. Motion carried. 9. The Council discussed a proposed purchase of certain electric distribution facilities within the City from Texas Power &>Light. After a briefing by the Director of Utilities, motion was made by Ramey, seconded by Neu to approve the purchase of these facilities from Texas Power & Light for the sum of $57,543. Motion carried. (A description of the facilities approved are filed in packet #4700 in the official records of the City of Denton.) 10. The Director of Utilities presented a request from N. B. Hooten, Route 4, Denton, for sewer services outside the City limits. It was pointed out that there would be no extension expense to the City. Motion was made by Neu, seconded by Chambers that the request be approved, as recommended by the Utilities Board. Motion carried. 11. Motion was made by Ramey, seconded by Neu that the following vouchers be approved for payment: Cummins Supply Invoice #28563 $1,972.60 Cummins Supply Invoice #27617 $1,125.00 Motion carried. 12. Motion was made by Neu, seconded by Ramey that the statement of Norsworth~Mercer, Inc. for the months of August, September, October and November, 1971, in the amount of $18,644.02 be approved for payment, as recommended by the Utilities Board. Motion carried. 13. Motion was made by R~ney, seconded by Neu to table consideration of the 1970-71 Audit Report until the next regular meeting, and that a study session be arranged with City Auditors, Ernst and Ernst, prior to this meeting. Motion carried. 14. The Council discussed the recommendations presented by Tom Harpool, Chairn~nn of the Utilities Board, relative to a new revenue bond election. Motion was made by Ayer, seconded by Chambers to request the Utilities Board to continue their study and present to the Council, at the earliest opportunity, specific and detailed recommendations as to the nature, size and time for the bond issue election. Motion carried. 15. Members of the Council made note of the fact that City Attorney, Jack Barton, was attending his last meeting as City Attorney. Council members individually thanked him for his outstanding services for a job well done. It was pointed out that the City's loss was the University's gain. Meeting adjourned at 9:30 p.m. ?/~ ~ ~ ~ I¢~YOR° .,-"'~ / CITY SECRETARY Municipal Building April 10, 1972 Special meeting of the City Council, City of Denton, Texas, ~4onday, April 10, 1972, at 5 p.m., in the Council ~ambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Chambers, Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary 1. The following Ordinm~ce was presented: O~)INANCE NO. 72-10 AN ORDINANCE CANVASSING ELECTION tLETURNS OF ELECTION HELD APRIL 4, 1972, TO ELECT TWO CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DEN~rON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton on the 4th day of April, 1972, for the purpose of electing two (2) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and t~at the City Council has duly canvassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were,allowed to vote at said election, and the following votes were cast at said election for each candidate and write- in, there being no other person receiving any votes at this election: Tom D. Jester, Jr.. 1951 votes David M. Nichols 909 votes Bill Brisco 335 votes Bill Fitz 373 votes John T. Shackelford 438 votes Robert W. Chambers 1373 votes Richard D. Rogers 505 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Tom D. Jester, Jr. and Robert W. Chambers have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED ANDAPPROVED this the 10th day of April, A. D. 1972. ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS April 10, 1972 Continued Motion made by Neu, seconded by Ayer that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at S:10 p.m. Municipal Building April 11, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 11, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Chambers and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Ramey 1. Motion was made by Ayer, seconded by Neu that the minutes of the regular meeting of March 28 and special meeting of April 10, 1972 be approved. Motion carried. 2. Motion was made by Chambers, seconded by Neu that Mr. Ralph Mann be appointed City Attorney, City of Denton effective April 1, 1972. Motion carried. 3. BIDS: (A) #72-7780 (bid correction) Cement, Street and Road Materials. Motion was made by Neu, seconded by Ayer that the previous bid for these items on this bid be rescinded because of an error in evaluating Item 5 for bulk cement, and that the bid be awarded to Texas Industries at a low bid of $1.30 per hundred weight. Motion carried. 4. Tom Harpool, Chairman of the Utilities Board, requested in behalf of the board that the revenue bond election be called at the earliest possible time with total amounts as follows: Water $5,275,000.00 Sewer $5.724,000.00 Immediately following Mr. Harpool's request, Mrs. Wesley Smith, President of the League of Women Voters, Leported backing of the League for such an election for revenue bonds, but s~ggested retaining the original proposal of $14,516,525. Following commendation by Counc~manAyer of Mr. Harpool and the Utilities Board and Mrs. Smith and the League, motion was made by Ayer, seconded by Neu that a joint session with the Planning and Zoning Commission and the Utilities Board be set for Monday, April 17, at 7 p.m., in the Municipal Building to study the proposed revenue bond election. Motion carried. April 11, 1972 Continued 5. Motion was made by Chambers, seconded by Ayer that the following two petitions be referred to the Plarming and Zoning Commission for its r econ~nendat ions: (A) Z-1149 The petition of Mr. O. B. Adams requesting that the zoning classification of 1203 E. McKinney be changed from the Single Family "SF-7" Classification to the General Retail Classification. This property is further described as being located in the northeast corner of E. McKinney and Ruddell Street. The property is described in the city tax records as being City Block No. 182, Lot Nos. 1 and 1.1. The dimensions are 90' x 130'. (B) Z-1150 The petition of Mrs. Edwina Craig Lang requesting that the zoning classification of 1922 N. Locust be changed from the Single Family "SF-7" Classification to the General Retail Classification. This property is further described as being located on the east side of N. Locust Street just north and adjacent to the Piggly Wiggly Grocery on University Drive. The city tax records indicate that this property is City Block No. 127, Lot No. 35. The dimensions are 90' x 120'. Motion carried. 6. The following Ordinances were presented: (A) ORDINANCE NO. 72-11 AN ORDINANCE AMENDING CHAPTER 26, ARTICLE IV, SECTION 26-55 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON WHICH SETS FORTH AND INCORPORATES A TAXICAB ZONE SYSTt~ MAP FOR THE CITY OF DENTON, TEXAS; AMENDING RATES TO BE CHARGED PURSUANT TO SAID ZONE SYSTt~; DELINEATING OTHER CHARGES AND FEES FOR DELIVERIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconding by Chambers that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO 72-12 AN ORDINANCE AMENDING THE ZONING MAP OF TFE CITY OF DENTON, TEXAS, AS SAME AS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 59-1, AND AS SAID MAP APPLIES TO LOT 7, BLOCK 274, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; ~x[D DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carr:ied. (C) ORDINANCE NO. 72-13 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMIT ON PORTIONS OF HIGH~AY US 380 (WEST UNIVERSITY DRIVE); PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carr:ied. 7. After a briefing by the City Manager and Director of Utilities, a motion was made by Neu, seconded by Ayer to give authorization to advertise for bids for construction of fuel oil storage tank for the Steam Power Plant, as recommended by the City Manager and the I~tilities Board. Motion carried. 8. After briefing by the City Manager and Director of Utilities, motion was made by Chambers, seconded by Neu to authorize payment in the amount of $32,071.00 to Black & Veatch Consulting Engineers fc~ design engineering services. Motion carried. April 11, 1972, Continued 9. Motion was made by Neu, seconded by Ayer that the following vouchers over $1,000.00 be approved for payment. Davis Truck & Equipment $1,238.52 Bill Utter Ford $1,170.69 Cummins Supply Company $1,050.00 Priester Supply $1,253.40 Colonial Motors $1,046.46 Motion carried. 10. Motion was made by Neu, seconded by Chambers that the Memorial Day Holiday for City Employees be observed Monday, May 29, rather than~Tuesday, May 30, as recommended by the City Manager. Motion carried. 11. Motion was made by Neu, seconded by Chambers that the 1970-71 Audit of the City of Denton by the auditing firm of Ernst and Ernst be accepted. Motion carried. 12. Motion was made by Neu, seconded by Ayer that there be no parking on either side of Avenue C from 320' south of Eagle Drive to 200' north of Highland Street except on the west side from Highland to Maple where parallel parking shall be permitted in the widened area; and the designation of left turn only lanes at the intersections of Eagle, Maple and Highland, as recommended by the City Traffic Control Superintendent. Motion carried. 13. Motion was made by Chambers, seconded by Neu that the tax adjustments report for the month of March, 1972, in the amount of $2,518.83 be approved. Motion carried. 14. Retiring Mayor Finlay presented a statement outlining the progress made in the City of Denton during his tenure on the Council and pointed out the challenges of the future. He thanked the Councilmen and members of the City Staff for their constant, efficient and sincere efforts and their contributions to the welfare of the city. 15. The City Secretary administered the oath of office to Councilmen Robert W. Chambers and Tom D. Jester, Jr. who were elected on April 4, 1972. 16. The City Secretary took the chair and opened nominations for Mayor of the City of Denton. Motion was made by Chambers, seconded by Ayer that Mayor Pro Tem, Bill Neu, be named Mayor. Motion carried unanimously. Mayor Neu took the chair and presented the following Resolution: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~!4UNICIPAL BUILDING OF SAID CITY ON THE llTH DAY OF APRIL, A.D. 1972. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ RESOLUTION IN APPRECIATION OF CITY OF DENTON ~ ALEXANDER M. FINLAY, JR. ~.%~REAS, the Council of the City of Denton is losing one of its most valued members, Alexander M. Finlay, Jr., who was elected thereto in April of 1968, serving until his term expired, on this April 11, 1972, having chosen not to seek re-election in order to devote more time to his professional practice of medicine' and WHEREAS, Alexander M. Finlay, Jr., has always served above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect and admi- ration of his subordinates and fellow Councilmen; and WHEREAS, Alexander M. Finlay, Jr., has been very active as a member of this Council, which elected him Mayor of the City of Denton in April of 1970, which office continued until the end of his last term, indi- cating the esteem this Council holds for him; and ~-IEREAS,the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Mayor Finlay for the April 11, 1972 Continued several years he has been with the City, and shall continue to solicit his future counsel, services and support which we know will be forthcoming; THEREFORE, BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation for Alexander M. Finlay, Jr., felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by causing this Resolution to be transcribed into the official minutes of the City of Denton, Texas, and forwarding to him a true copy hereof; and BE IT FURTHER RESOLVED, that the City of Denton does hereby officially and sincerely extend its best wishes to the Honorable Alexander M. Finlay, Jr., for a long and successful career as a member of our community, and as a civic leader. PASSED ANDAPPROVED this the llt~ day of April, A. D. 1972. MAYOR CITY OF DENTON, TEXAS ATTEST: CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY ATTORNEY CITY OF DENTON, TEXAS Motion made by Ayer, seccnded by Chambers that the Resolution be passed. On roll call vote Ayer voted "aye", Jester voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. Mayor Neu presented to retiring Mayor Finlay an engraved plaque in appreciation for his outstanding contribution to the City and his devotion to duty. Mayor Neu opened nominations for Mayor Pro Tern. Motion made by Ayer, seconded by Chambers that Harold Ramey be named Mayor 'Pro Tem of the City of Denton. Motion carried unanimously. Meeting adjourned at 8:45 p.m. Municipal Building April 25, 1972 Special meeting of the City Council, City of Denton, Texas~ Tuesday, April 25, 1972, at 10:30 a.m., in the Council Chambers of the Municipal Building. PRESENF: Mayor Neu, Councilmen Chambers, Jester and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary ABSENT: Mayor Pro Tem Ramey 1. The following Ordinance was presented: ORDINANCE NO. 72-14 WHEREAS, pursuant to the City Charter of the City of Denton, and the Notice of Sale dated April 4, 1972, the City has on this date received and tabu- lated bids for the sale of the City of Denton Electric Revenue Bonds, Series 1972 ' in the principal amount of $6,000,000; ~d ~qHEREAS, as is required by the City Charter of the City of Denton, said bids have been duly tabulated; and WHEREAS, McCall, Parkhurst & Horton, of Dallas, Texas, bond attorneys for the City of Denton, have found that the bid hereinafter accepted is the lowest and best bid received; and ~HEREAS, said bond attorneys have approved the legality of such pro- posal, arfl have recommended that it be accepted. THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the bid for the above described bonds by a syndicate managed or headed by A. G. Becker & Co., Inc., with the bonds to bear interest at the rates specified in said bid, and with the bidder to pay par and accrued interest to date of delivery for said bonds, plus a premium of $429.63, is hereby accepted. Section 2. That the Mayor and City Secretary are hereby authorized mhd directed to execute any and all instruments, and to take such action as is necessary, in order to consummate the issuance, sale, and delivery of the afore- said bonds in accordance with the Notice of Sale dated April 4, 1972, and the bid herein accepted. PASSED and APPROVED this the 25th day of April, 1972. Is/ BILL NEU, MAYOR CITY OF DENTON, TEXAS April 25, 1972 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion made by Ayer, seconded by Jester that the Ordinm~ce be passed. On roll call vote Jester voted "aye", Ayer voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 11:45 a.m. Is~ MAYOR /si CITY SECRETARY Municipal Building April 25, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 25, 1972, at 7 p.m., in the Counc~il (~ambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Ayer and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Chambers, seconded by Ayer that the minutes of the regular meeting of April 11 m~d special meeting of April 25, 1972 be approved. 2. The following Ordim~nces were presented: (A) ORDINANCE NO. 72-15 ORDINANCE AUTHORIZING T~~] ISSUANCE OF ELECTRIC REVENUE BONDS THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required by the Comstitution and laws of the State of Texas, at an election held in said City of the 9th day of December, 1967; and WHEREAS, out of the $15,000,000 Electric Revenue Bonds voted at said election, $4,500,000 thereof haw~ been issued and delivered, being all of Series 1968, and Series 1970; and April 25, 1972 Continued ~HEREAS, the bonds hereinafter authorized are to be issued and de- livered pursuant to Vernon's Articles 1111 through 1118, and the Home Rule Charter of said City. THE COUNCIL OF THE CITY OF DENTON H~KEBY ORDAINS: Section 1. That said City's bonds, to be designated the "CITY OF DENTON ELECTRIC REVENUE BONDS, SERIES 1972," are hereby authorized to be issued and delivered in the principal amount of $6,000,000, FOR THE PURPOSE OF IMPROVING AND E~rENDING THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM. Section 2. That said bonds shall be dated MAY 1, 1972, shall be in the denomination of $5,000 EACH, shall be numbered consecutively from 1 THROUGH 1200, and shall mature serially on NOVt~qBER 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS YEARS AMOUNTS 1973 $240,000 1982 $240 000 1990 $240,000 1974 $240,000 1983 $ ,000 1975 240,000 1984 240.000 1992 240,000 1976 240,000 198S 240.000 1993 240,000 1977 240,000 1986 240.000 1994 240,000 1978 240,000 1987 240~000 199S 240,000 1979 240, 1996 240,000 1980 240, 1997 240,000 1981 240,000 Said bonds may be redeemed prior to their scheduled maturities, at the option of said City, on the dates stated, and in the manner provided, in the FORM OF BOND set forth in this Ordinance. Section 3. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest from their date, until maturity or redenrption, at the following rates per annum: maturities 1973, 6.0% maturities 1986, 5.0% maturities 1974, ~ maturities 1987. ~-1-i-0-% maturities 1975, .~ maturities 1988 ~ maturities 1976, ~ maturities 1989 ~ maturities 1977, ~ maturities 1990 ~ maturities 1978, 6-~ maturities 1991 ~ maturities 1979, ~ m~turities 1992 ~ maturities 1980, ~ maturities 1993 ~ maturities 1981, 6.0% maturities 1994 4.0% maturities 1982, ~ maturities 1995 ~ maturities 1983, ~--.~0-% maturities 1996 ~-0~-- maturities 1984, ~ maturities 1997 ~ maturities 1985, 4.90% Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 4. That said bonds and interest coupons shall be payable, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 5. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the afore- said interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: Apr!il 25, 1972 Continued FORM OF BOND: No. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DFJqTON ELECTRIC REVENUE BOND SERIES 1972 ON NOVtSVBER 1, 19 , the CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenzed by interest coupons payable NOVEMBER 1, 1972, and semi-ann---U-~ly thereafter on each MAY 1 and NOVEMBER 1 while this bond is outstanding. The principal of this bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the FIRST STATE BANK OF DENTON, DENTON, TEXAS, or, at the option of the bearer, at the FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, which places shall be the paying agents for this Series of bonds. THIS BOND is one of a Series of bonds dated MAY 1, 1972, issued in the principal amount of $6,000,000, FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S ELECTRIC LIGHT AND POWER SYSTRX4. ON NOVEMBER 1, 1987, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, and outstanding bonds of this Series may be redeemed prior to their scheduled maturities, at the option of said City, IN WHOLE, OR IN PART, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the paying agents for the payment of the principal amount of the bonds which are to be so redeemed and accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the purpose of being paid by the paying agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this bond have been performed, existed, and been done in accordance with law; and that 'the interest on and principal of this bond, and the Series of which it is a part, together with other outstanding electric revenue bonds of said City, are secured by and payable from a first lien on and pledge of the Net Revenues of the City's Electric Light and Power System. SAID CITY has reserved the right, subject to the restrictions adopted by reference in the Ordinance authorizing this Series of bonds, to issue additional parity revenue bonds which also n~y be secured by and made payable from a first lien on and pledge of the Net Rew~nues of said City's Electric Light and Power System. FURTHER, SAID CITY has reserved the right, subject to the restrictions referred to in the Ordinance authorizing this Series of bonds, to combine the operation of its Electric Light, Waterworks, and Sanitary Sewer Systems, in which event this Series of bonds and other revenue bonds of the City may be secured by and made payable from a first lien on and pledge of the Net Revenues of said April 25, 1972 Continued combined Electric Light, Waterworks, and Sanitary Sewer Systems. THB HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHBREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. City Secretary, City of Denton Mayor, City of Denton Motion was made by Jester, seconded by Ramey that the Ordinance be passed. On roll call vote Ayer voted "aye", Jester voted "aye", Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE 72-16 ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS : CCUNTY OF DENTON : CITY OF DENTON : WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Am~. Civ. St. Article 6252-17. TFE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on MAY 16, 1972, in said City at the following designated polling place: THE CO~IgNITY BUILDING IN THE CIVIC CENTER. Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said election: Presiding Judge: J.L. CARRICO Alternate Presiding Judge: CIt~RLES ORR 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the aforesaid election Officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. That all resident, qualified electors of said City shall be entitled to vote at said election. April 25, 1972 Continued 5. That notice of said election shall be given by posting a sub- stantial copy of this Ordinance at the Municipal Building (City Hall) and at two other places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on rte same day in each of two successive weeks in a newspaper of general cir- culation published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. 6. That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggre- gate principal amount of $5,275,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined within the discre- tion of the City Council, for the purpose of inrproving and extending said City's Wate~orks System, with said bonds to be secured by and payable from a lien on and pledge of the Net Revenues of said City's Waterworks and Sewer System? PROPOSITION NO. 2 Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggre- gate principal amount of $5,725,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined withing the discre- tion of the City Council, for the purpose of improving and extending said City's Sewer System, with said bonds to be secured by and payable from a lien on and pledge of the Net Revenues of said City's Waterworks and Sewer System? 7. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, which shall be set forth in substantially the following form: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $5,275,000 OF WATERWORKS ) SYSTEq REVENUE BONDS AGAINST ) PROPOSITION NO. 2 FOR ) ) THE ISSUANCE OF $5,725,000 OF SEWER ) SYSTm P&WENUE BONDS AGAINST ) 8. That it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by each of the aforesaid PROPOSITIONS is 50 years. 9. That Article 9, Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify: "(6) a determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations presceibed by the Constitution and laws of the State of Texas."; and Article 9, Section 9.01 (b) provides that: "In no event shall revenue bonds be considered an indebtedness of the City". Therefore no such determination is April 25, 1972 Continued required to include the revenue bonds hereinabove submitted. CITY SECRETARY, CI'IY OF DENTON MAYOR, CITY OF DENTON Motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Jester voted "aye", Chambers voted "aye", Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 3. Mayor Neu read a proclamation, proclaiming the month of May as Senior Citizens Month. He also read a proclamation, proclaiming May 1-7, 1972 as Medical Assistants Week. 4. The Mayor presented a plaque to Otis T. Morris who has retired from the City after 51 years service. He also presented a gift from the co-workers of Mr. Morris. 5. BIDS: (A) #72-7805 Asphalt Kettle - Street Department Motion was made by Ayer, seconded by Chambers that the bid be awarded to Moody-Day at a low bid of $1,019.50 as recommended by the City Manager. Motion carried. (B) #72-7802 Tires & Batteries for one year - Garage Department Motion was made by Chambers, seconded by Jester that the bids be awarded as follows: The bids for batteries be awarded to Sam Laney, Inc. and the bid for tires be awarded to Sam Laney, Inc. with the following exception: Steel belt radial tires for the Sanitation trucks be awarded to the Goodyear Tire & Rubber Co. Motion carried. (C) #72-7808 Warehouse Electrical Supplies for one Year This bid was tabled. (D) #72-7794 Warehouse Water & Sewer Supplies for One Year Motion was made by Ayer, seconded by Jester that the bid be awarded as follows and in case of emergency or delivery problems, purchase be made from the next low bidder: Section A. (1) Items 4, 50 through 52, 55 through 58, 61, and 74 through 81 awarded to Trans-Tex. (2) Items 2, 3, 5 through 9, 11 through 49, 59, 65 through 73, and 82 through 86 awarded to Rohan. (3) Items 10, 60, and 62 through 64 awarded to American Cast Iron. (4) Items 1, 53, and 54 awarded to Industrial International. Section B. (1) Items 87 through 104 deleting items 91, 95, and 98 awarded to Bowles & Eden. April 25, 1972 Continued Section C. (1) Items 105 through 137 awarded to U. S. Dickey Ma~lufacturing Co. Section D. (1) Items 138 through 149 to Industrial International. (2) Item ].50 awarded to Rohan Company. Section E. (1) Items 151 through 154 awarded to Rohan Co. Section F. (1) Items 155 through 166 awarded to R. H. Baker. Section G. (1) Items 167 through 176 awarded to Rohan Co. Section H. (1) Items 177 through 182 awarded to Rohan Co. Section I. (1) Items 183 through 188 awarded to R. H. Baker. Section J. (1) Items 189 through 193 awarded to Bowles & Eden. Section K. (1) Items 194 through 197 awarded to Rohan Co. except item 196 which was no bid. Section L. (1) Items 198 through 199 awarded to Trans-Tex. Section M. (1) Item 200 awarded to Bowles & Eden. (2) Item 201 awarded to Rohan Co. Section N. (1) Items 202 through 206 awarded to Lone Star Steel Company. Section N-1 (1) Items 206A through 210 awarded to U. S. Pipe and Foundry. Section O. (1) Items 211 through 217 awarded to Trans-Tex. Section P. (1) Items. 218 through 222 awarded to Bowles & Eden. Section Q. (1) Items 223 through 229 awarded to Bowles & Eden. (2) Item 2150 awarded to Trans-Tex. Section R. (1) Items 231 through 240 awarded to R. H. Baker. Section S. (1) Items 241 through 247, 250 through 256, and 259 through 261 awarded to R. H. Baker. (2) Items 248, 249, 257, 258, 262, 263, and 264 awarded to Trans-Tex. Section T. (1) Items 266 and 267 awarded to Bowles & Eden. Section U. (1) Items 268 through 272 awarded to Bowles & Eden. Section V. (1) Items 273 through 279 awarded to Trans-Tex. Section W. (1) Items 280 through 283 awarded to Bass & Hayes. (2) Item 284 awarded to Trans-Tex. Motion carried. (E) #72~7803 Playground Equipment - Parks & Recreation Department Motion was made by Jester, seconded by Chambers that the bid be awarded to Game Time, Inc. at a bid of $3,421.47 net plus actual freight not to exceed $451.17. Motion carried. April 25, 1972 Continued 6. FOR P~EFERRAL: Motion was made by Ayer, seconded by Chambers that the following three (3) petitions be referred to the Planning & Zoning Co~nission for recommendations: (a) Z-1151 The petition of Mr. Ernest F. Simpson requesting that the property in the 2300 block of West Prairie Street be changed from the Multi-family (MF-1) Classification to the General Retail Classification. This property is further described as City Block No. 3017, Lot Nos. 27, 28, 29, 30 and 31, and is located in the Owsley Park Addition. (b) Z-1152 T~e petition of Mr. Miller Davidge requesting that the property in the 2000 block of University Drive which is in a General Retail zone be removed from the Planned Development Ordinance (PD-1). T~e conditions of this Planned Development Ordinance require a 170' front yard setback on the tract of land west and adjacent to the Osteopathic Clinic on Highway 380 and an extension of ~ctor Street to the north of Highway 380 across property just north of the existing Ector Street. (c) S-48 The petition of Mr. Mike T. Thompson requesting that a Specific Use Permit be granted for the operation of a private club in a General Retail zone at 801 Eagle Drive. The building and its property are located just south of the Eagle and IOOF Street intersection within the shopping area for the University City Apart- ments complex. City Block No. 316, Lot No. 10-C. Motion carried. 7. PUBLIC HF~INGS: (a) A public hearing was held on Z-1115, the petition of H. W. Down Development Company that the zoning classification of City Block No. 136-X, Tract No. 2 be changed from the Agricultural class- ification to the General Retail Classification. The property is further described as being located on the west side of Stuart Road in the 4100 block, north of Selene Drive. This petition was first tabled by the Planning & Zoning Con~nission on June 2, 1971. After hearing one proponent and no opposition and a report of approval from the Planning & Zoning Commission, a motion was made by Ayer, seconded by Chambers that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. (b) A public hearing was held on Z-1148, the petition of Mr. R. D. Case that the zoning classification of 2001 Denison Street be changed from the Multi-Family (MF-1) Classification to the General Retail Classification. The block in which this property is located is be- tween University Drive and Henry Street. The property is existing in the middle of the city block on the west side of Denison Street. The dimensions of the property are approximately 80' x 150' and is recorded as City Block No. 446, Lot No. 6.2. No one spoke for or against this petition. After a report of approval of the Planning & Zoning Con~nission, motion was made by Chambers, seconded by Ayer that the petition be approved as recommended by the Planning & Zoning Commission. Motion carried. (c) A public hearing was held on S-45, the petition of Mr. R. C. Popplewell that t Specific Use Permit be granted to him for the operation of a private club at 1502 West Hickory. The property in question is described as being located at the northwest corner of the intersection of Avenue B and Hickory Street. The property is recorded as City Block No. 386, Lot Nos. 15 and 16. April 25, 1972 Continued After hearing one proponent and none in opposition and a report of approval by the Planning & Zoning Commission, motion was made by Ayer, seconded by Ch~unbers that the petition be approved. Motion carried. 8. Jim Givens, 1109 E. Sycamore, inquired if money was available from the City to assist him in repairing his home. The Mayor advised that such funds were not available, but that efforts would be made to assertain if some organization could assist him. 9. The Council discussed the request for a Quit Claim Deed by T. E. Saunders and Paul Little of property iii Ranch Estates. Motion was made by Jester, seconded by Ayer that the Quit Claim Deed request be tabled for further study. Motion carried. 10. Motion was made by Cha~ers, seconded by Ayer that a voucher in the amount of $2,650.00 to Cummins Supply Company be approved for payment. Motion carried. 11. Motion was made by Ayer, seconded by Chambers that Mayor Neu be appointed to represent the City of Denton in the North Central Texas Council of Governments. Motion carried. 12. Motion was made by Jester, seconded by Ayer that Change Order #2 to General Electric contract at the Steam Plant be approved in the reduced amount of $1,890.00 and that Change Order #1 contract of Keystone Electric Manufacturing Company be increased in the amount of $270.00 as recommended by the Utilities Board. Motion carried. Meeting adjourned at 8:45 p.m. Municipal Building May 9, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 9, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Councilmen Chambers, Ayer and Jester; City Manager, Asst. City Manager, City Attorney and City Secretary. ABSENT: Councilman Ramey 1. Motion was made by C~mmbers, seconded by Ayer that the minutes of the regular meeting of April 25, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7808 Electrical Warehouse Items Motion was made by Ayer, seconded by Chambers that the bid be awarded as follows as recommended by the City Manager: (1) Items 1 through 8, 13 through 17, 18 through 20, 21 through 29, 30 through 45, 46 through 56, 58, 60, 61 through 81, 82 through 85, 86, 89 through 94, 96, 100 through 101, 102 through 106 (except 104 was deleted), 109, 112 through 113, 118, 119, 121, 122, 132 through 151, 152 through 154, 156 through 158, 164 through 165, 166 through 190 (except 170 was deleted), and 193 through 194 awarded to Cummins Supply Co. May 9, 1972 Continued (2) Items 9, 10, 12,114 through 117, 120 and 161 awarded to Priester Supply Co. (3) Items 11, 107, 124 through 131 and 155 awarded to Westinghouse Supply. (4) Items 87, 88, 97 and 98 awarded to Tenrple Electric. (5) Items 159, 160, 163, 191 and 192 awarded to Graybar Electric. (6) Item 162 awarded to Nelson Electric. (7) Items 57, 59, 95, 99, 104, 108, 110, 111, 123 and 170 were deleted. Motion carried. (B) #72-7827 Police Three-Wheel Vehicle Motion was made by Jester, seconded by Ayer that the bid be awarded to Watson Distributing Company at a low net bid, including trade-in, of $2,174.50, FOB Denton. Motion carried. 3. FOR REFERRAL: Motion was made by Ayer, seconded by Jester that the following sevm~ (7) petitions be referred to the Planning & Zoning Con~nission for recommendations: (a) Z-1153 The petition of Mr. Allison C. Kistler requesting that the property at 2005 and 2009 Denison Street be changed from the Multi- Family (MF-1) Classification to the General Retail (GR) Classification. The property is further described as being located on the southwest corner of new Henry Street and Denison Street. (b) Z-1154 The petition of Mr. Tommy L. Caruthers requesting that the property in the 2900 block of State School Road be changed from the Single Family (SF-7) Classification to the General Retail (GR) Classi- fication. The property is further described as being located just south of the intersection of Interstate 35E and State School Road and is adjacent to Briercliff Estates. (c) Z-1155 The petition of Mr. Edward Raposa requesting that the property at 2215 and 2219 N. Elm be changed from the Single Family (SF-7) Classification to the Office (0) Classification. The property is further described as being located on the southwest corner of the Taliaferro and N. Elm Street Intersection. (d) Z-1156 The petition of Mr. John Duncan requesting that the property in the 3300 block of Highway 380E be changed from the Agricultural (A) Classification to the Commercial (C) Classification. The property is further described as being located on the east side of Jerry's Marine Service Center which is on the south side of Highway 380B. Approximately 400' of this property fronts onto Highway 380 with a land area of approximately 2 acres. (e) Z-1158 The petition of Mr. Ray Wood requesting that the property located at Broadway and Malone Street be changed from the Single Family Classification to the Planned Development Classification. The property is further described as being west of the intersection of Malone and Broadway Street. (f) S-49 The petition of Mrs. Peg Bie Shauck requesting that a Specific Use Permit be granted to her for the operation of a private music school at 620 Pearl. The property is located in the northeast corner of the Pearl and Denton Street intersection. May 9, 1972 Continued (g) S-50 The petition of Mr. Nat Noles requesting that a Specific Use Permit be granted to him for the use of a private club at 1322 W. Hickory. The property in question is located on the north side of NTSU within the business district area. Motion carried. 4. James Nelson, speaking for the Downtown Merchants Association, requested approval for a sidewalk sale, Monday, May 22, from 1:00 p.m. to 8:30 p.m. Motion was made by Chambers, seconded by Jester to approve this request, subject to participants signing a liability release. Motion carried. 5. PUBLIC HEARINGS: (a) A public hearing was held on Z-1147, the petition of Mr. J. Wilbur Smith requesting that the zoning classification of 2830 N. Locust be changed from the Agricultural Classification to the Multi- Family Classification (MF-1). The location of this property is just north of the existing Hillcrest Baptist Church on the e.ast side of N. Locust Street. This property is further described as Lot 12, Block 135A. After hearing one proponent and no opposition and a report of approval from the Planning & Zoning Commission, a motion was made by Ayer, seconded by Chambers that the petition be approved as recommended. Motion carried. (b) A public hear!ing was held on Z-1149, the petition of Mr. O. B. Adams requesting that the zoning classification of 1203 E. McKinney be changed from the Single Family (SF-7) Classification to the General Retail Classification. This property is located in the northeast corner of E. McKimxey and Ruddell Street. The property is further described as Lots 1 and 1.1 and Block 182. After hearing one proponent and no opposition and a report of approval from the Planning & Zoning Commission, a motion was made by Jester, seconded by Chambers that the petition be approved as recommended. Motion carried. (c) A public hearing was held on S-46, the petition of Mr. Jeffrey A. Nispel requesting t. hat a Specific Use Permit be granted to him for the use of a fraternity house at 1712 W. Hickory, contingent upon certain qualifications. The property is further described as Lot 24, Block 24. After hearing one proponent and no opposition and a report of approval from the Planning & Zoning Co~lission, a motion was made by Chambers, seconded by Ayer that the petition be approved, as recommended with the following conditions: 1o The total number of occupants living on this property shall be limited to a maximum number of sixteen (16) persons at any one time. 2. The rear yard shall be used for parking on the premises and shall be dust free. The maximum parking in this rear yard shall be limited to sixteen (16) cars. 3. A five foot (S') screen shall be maintained on the north side with proper car bumper protection. 4. This Specific Use Permit shall be revoked if it is no longer used by the frate.rnity that has requested this permit. Motion carried. May 9, 1972 Continued 6. Motion was made by Ayer, seconded by Chambers that the request of Hank Clearman for a Quit Claim Deed of a utility easement in Ranch Estates be approved. Motion carried. 7. Carter Haley, representing Lone Star Gas, requested a rate increase for his company. Mayor Neu advised Mr. Haley that the Council would take the matter under advisement and would make a careful study of the matter. 8. Motion was made by Chambers, seconded by Ayer to approve payment to Norsworthy-Mercer, Inc. in the amount of $2,850.08 for the months of December, 1971, and January and February, 1972. Motion carried. 9. Motion was made by Ayer, seconded by Chambers that the bill of Pollution Research & Control, Inc. for services rendered in testing for oxides of nitrogen at generator plant, in the amount of $1,517.30 be approved for payment. Motion carried. 10. Motion was made by Chambers, seconded by Jester that a Pipeline License Agreement with the Texas and Pacific Railway Co~pany be approved and the ~yor be authorized to sign same. Motion carried. 11. Motion was made by Ayer, seconded by Chambers that the tax adjustment report for April, 1972, in the amount of $1,536.83, be approved. Motion carried. 12. Motion was made by Chambers, seconded by Jester that a voucher in the amount of $2,037.94 for R & R Supply of Denton be approved for payment. Motion carried. 13. The Mayor appointed Councilmen Jester, Chambers and Ayer, with Ayer Chairman, to serve as a committee to recommend board and co~mnission members and to report their recommendations by June 27. 14. The Mayor requested that the City Manager arrange for a study session with the Council and the City Electrical Code Board to review amendments to the City Electrical Code. Meeting adjourned at 8:45 p.m. Municipal Building May 17, 1972 Special emergency meeting of the City Council, City of Denton, Texas, Wednesday, May 17, 1972, at 10:00 a.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Jester, Ayer & Chambers; City Manager, City Attorney and City Secretary. 1. Mayor Neu read the following letter from Councilmen Hugh M. Ayer and Robert W. Chambers: Gentlemen: For the past year the question whether a state university employee may continue to receive his salary from state funds while concurrently serving as a city councilman has been the subject of litigation both in our State and Federal Courts. Apparently it has now been resolved and our respective universities have advised us they can no longer pay our salaries if we continue our service on the council. Each of us is dependent upon this income. May 17, 1972 Continued It is thus with the utmost regret that we now submit to you, the Mayor and Members of the Council, our resignation as council members and ask that each be accepted. We have been advised that Section 17 of Article XVI of the Consti- tution of Texas requires us to occupy our office and perform our duties until our successors have qualified for office. This, of course, we will do but ask that you act as quickly as possible in implementing the procedure necessary to acquire our successors and, having done so, to qualify them for office. We feel it is unfortunate that the Courts have seen fit to interpret Section 33 of Article X~I of our Texas Constitution in such a way as to preclude the service of state employees in such positions of honor and trust as we have held. It is our understanding that in November an amendment to this section will be presented to the electorate and, if passed, will then permit ~vhat the present section seemingly denies. It has been a sin~gular honor to serve with each of you and to have had the trust and confidence of the people of our city. Our guiding principle, as is yours, is that our actions as councilmen be in the best interest of the City of Denton. This action, as well as those we might be called upon to take until our successors are qualified, we believe is in keeping with that principle. Sincerely, Is/ Hugh M. Ayer Is/ Robert W. Chambers 2. The City Attorney briefed the Council, stating that if two (2) Council vacancies occurred simultaneously an election must be called within 45 days to fill the vacated positions. He reco~nended that an Ordinance be passed calling such an election. Motion was made by Jester, seconded by Ramey that the Council recess for twenty (20) minutes while an Ordinance is prepared and presented to the Council. Motion carried. 3. The following Ordinance was presented: O~)INANCE No. 72-17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ACCEPTING TH~ RESIGNATION OF COUNCIL~:N HUGH M. AYER AND ROBERT W. CHAMBERS AND CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 27TH DAY OF JUNE, A. D. 1972, THE SAME BEING THE FOURTH TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING %qO (2) COUNCILMEN BY THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2, SECTION 2.04 OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE P~LIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP TH~ OFFICIAL BALLOTS, CAUSING THE SA~4E TO BE PRINTED AN~) DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING ANEFFECTIVE DATE. Motion was made by ~mey, seconded by Jester that the Ordinance be passed. On roll call vote Chambers abstained, Ramey voted "aye", Ayer abstained, Jester voted "aye" and Neu voted "aye". Motion carried. May 17, 1972 Continued 4. The Mayor and Council members expressed sincere regret that Councilmen Ayer and Chambers could not serve and were high in their praise for the unselfish and outstanding service that these men had given their city. Meeting adjourned at 10:35 a.m. MAYOR CI]~f sECRETARY Municipal Building May 23, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 23, 1972, at 7:00 p.m., in the Council Chambers of the ~kmicipal Building. PRESENF: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Jester, Ayer & Chambers; City Manager, Assistant City Manager, City Attorney & City Secretary. 1. Motion was made by Ayer, seconded by Chambers that the minutes of the regular meeting of May 9, 1972, and the Special meeting of May 17, 1972 be approved. Motion carried. 2. FOR REFERRAL: Motion was 'made by Jester, seconded by Ayer that the following three (3) petitions be referred to the Planning & Zoning Commission for recommendations: (a) Z-1157 The petition of Mr. Farris M. Wilson requesting that the zoning classification of 2308 Denison Street be changed from the Single Family (SF~7) Classification to the Neighborhood Service Classification. This property is further described as being located in the southeast corner of the intersection of Fain and Denison Street. The tax records indicate this property as City Block No. 442, Lot No. 13.1. (b) Z-1159 The petition of Mr. S. C. Lesley requesting that the zoning of 2306 Conway Street be changed from the Single Family (SF-16) Classification to the General Retail (GR) Classification. This property is further described as being located in the southeast portion of Denton on the east side of Conway Drive and the south side of 1-35E. A Honda Dealership exists to the north with the Southridge development existing to the west. This property is further described as City Block NO. 285, Lot No ~26. (c) S-51 The petition of Mr. Jerry W. ~tfield requesting that a Specific Use Permit be granted for the operation of a private club in the 1600 block of Eagle in the University Plaza Shopping Center. The property is further described as being located within the southeast corner of the intersection of Eagle and Avenue C. The area proposed to be used for a private club is in the building extension to the north on the west end of this building. A self-service laundry exists adjacent to and east of the proposed location for the private club. The tax records designate the area as Block No. 278, Lot No. 1. Motion carried. May 23, 1972 Continued 3. PUBLIC HEARINGS: (a) A public hearing was held on Z~llS1, the petition of Mr. Ernest F. Simpson requesting that the zoning classification of the 2300 block of West ~rairie be changed from the~ulti-family (MF-1) Classification to the General Retail Classification. This property is further described as being located in the Owsley Park Addition on the east side of Avenue G and the north side of West Prairie Street. The City ta~i records designate this property as City Block No. 3017, Lot Nos. 27, 28, 29, 30 and 31. No one spoke for or against the petition, and after hearing a report of approval by the Planning & Zoning Commission, a motion was made by Ramey, seconded by Chambers that the petition be approved as recommended. Motion carried. (b) A public hearing was held on Z-1152, the petition of Mr. Miller Davidge requesting that the property in the 2000 block of University Drive which is in a General Retail zone be removed from one of the conditions applying to the Plar~ned Development Ordinance (PD-1), which requires an extension to Ector Street to the north of Highway 380 across property just north of the existing Ector Street. This request applies only to property existing to the east of the Osteo- pathic Clinic on Highway 380 within a General Retail Zone. After hearing one proponent and no opposition and a report of approval by the Planning & Zoning Commission and considerable discussion relative to the extension of Ector Street north across University Drive, a motion was made by Ramey, seconded by Ayer that the petition be tabled for study by the Legal Depart- merit and other members of the staff. Motion carried with Councilman Jester abstaining. 4. The Mayor read a proclamation proclaiming May 27 as Veterans Poppy Day and May 28 and 29, 1972 as Memorial Days. 5. The following Ordinances were presented: (A) ORDINANCE NO. 72-18 ORDINANCE ~NVASSING ELECTION RETURNS THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, the City Council of said City duly ordered an election to be held in said City on the 16th day of May, 1972, on the PROPOSITIONS hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers, holding, and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to said City Council; and ~REAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists ~hich requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are quired as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as re- quired by Vernon's Ann. Civ. St. ~ticle 6252-17. THE COUNCIL OF THE CITY OF DE~FONHEREBY ORDAINS: 1. That the City Co~mcil officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, May 23, 1972 Continued that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Ordinance calling said election. 2. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and that the following votes were cast at said election on each submitted PROPOSITION: PROPOSITION NO. 1 1718 VOTES: FOR ) ) THE ISSUANCE OF $5,275,000 OF ) WATERWORKS SYSTt~ REVENUE BONDS 698 VOTES: AGAINST ) PROPOSITION NO. 2 1695 VOTE S: FOR ) ) THE ISSUANCE OF $5,725,000 OF ) SEWER SYSTEM REVENUE BONDS 720 VOTES: AGAINST ) 3. That the City Council officially finds, determines, and declares the result of said election to be that each PROPOSITION so submitted has received a favorable majority vote and has carried, and that the aforesaid bonds may be issued in accordance with law. After the Mayor read the complete Ordinance, motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-19 --- Down Development Co. AN ORDINANCE AMENDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO TRACT NO. 2 OF CITY BLOCK NO. 136-X AS SHOWN THIS DATE ON TH~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-20 R.D. Case AN ORDINANCE AMENDING T~{E ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 6.2, CITY BLOCK NO. 446, AS SHO}VN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Chambers that the Ordinance be passed. On roll call vote Jester voted "aye", Chambers voted "aye", Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (D) ORDINANCE NO. 72-21 --~ Wilbur Smith JuN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME AS WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 12, BLOCK 135-A, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ayer that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Jester abstained, Ramey voted "aye" and Neu voted "aye". Motion carried. May 23, 1972 Continued (E) ORDINANCE NO. 72-22 --- O. B. Adams AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 1 AND 1.1, CITY BLOCK NO. 182, AS SHO~FN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AN~ DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Jester that the Ordinance be passed. On roll call vote Chambers voted "aye", Jester voted "aye", Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 6. Motion was made by Ayer, seconded by Ramey that a voucher for Interstate Auto Salvage, in the amount of $2,497.90 be approved for payment. Motion carried. 7. Councilman Ayer, Chairman of the Nominating Committee, read the committee's recommendation that Bruce Davis, Jack Brown and Terrell King III be re-appointed members of the Denton Housing Authority with terms to expire May 26, 1974. Motion was made by Ayer, seconded by Chambers that the three (3) men recommended be named to the Denton Housing Authority with terms expiring May 26, 1974. Motion carried. 8. The Council considered the request of Robert A. Nichols for approval of the extension of city water and sewer service outside the corporate limits. After a briefing by tl~e Manager a~d a dSscussion by the council, a motion was made by Jester, seconded by Ramey to grant the request of Bob Nichols to extend water and sewer outside the city limits. Motion carried. Meeting adjourned at 8:15 p.m. /f · ~ ~ ~V~micipal Building June 13, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 13, 1972, at 7:00 p.m., in the Cour~cil Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Ayer & Chambers; City Manager, Asst. City Manager, City Attorney & City Secretary. 1. Motion was made by Jester, seconded by Ayer that the minutes of the regular meeting of May 23, 1972, be approved. Motion carried. 2. BIDS: (A). #72-7849 High Pressure Air Compressor Motion was made by Ramey, seconded by Chambers that the bid be awarded to W. H. Lumpkin, lowest bid meeting specifications, in the net amount of $1,781.25. Motion carried. (B). #72-7843 Utility Poles Motion was made by Chambers, seconded by Jester that the bid be awarded as follows and that should problems arise, purchases may be made from the next low bidder: Item 1 to Higgins Creosote Company - 35/4 poles @ $34.08/ea Item 2 to Texas Tie Company 40/3 poles @ $45.70/ea Item 3 to Texas Tie Company 45/3 poles @ $54.50/ea June 13, 1972 Continued Item 4 to Texas Tie Company 50/3 poles @ $65.40/ea Item 5 to Georgia Pacific 55/3 poles @ $83o40/ea Motion carried. (C). #72-7847 Electric Meters, Current Transformers, Electric Meter Sockets Motion was made by Ramey, seconded by Ayer that action be tabled until the necessary tabulations are completed. Motion carried. 3. FOR REFERRAL: ~otion was made by Jester, seconded by Ayer that the following seven (7) petitions be referred to the Planning & Zoning Commission for its recommendations: (a) Z-1160 The petition of Neva Z. Mullins requesting that the zoning classification of 623 Withers Street be changed from the Multi-family (MF-1) classification to the Neighborhood Service (NS) classification. This property is located on the northwest corner of the intersection of Frame and Withers Street. The city tax records designate this property as City Block No. 150, Lot No. 14. The dimensions of the property are approximately 50' by 190'. (b) Z-1161 The petition of Mrs. Olen McBride requesting that the zoning classification of 630 Texas Street be changed from the ~lti- Family (MF-1) classification to the Neighborhood Service (NS) classi- fication. This property is further described as being located on the southwest corner of the Texas and Frame Street intersection. The City tax records designate this property as City Block No. 150, Lot No. 1. The dimensions of the property are approximately 52' x 180' (c) Z-1162 The petition of Mr. Raymond L. Orians requesting that the zoning classification of the 2100-2200 block of Prairie Street be changed from the Multi-family (MF-1) classification to the General Retail (GR) classification. This property is further described as being located on the south side of Prairie Street between Avenue E and Avenue G in the Owsley Park Addition. ~e city tax records designate this property as City Block No. 3018, Lot Nos. 5, 6, 7, 8, 9, and 10. The area of the request represents approximately a little more than one acre of land. (d) Z-1163 The petition of Dr. Miriam£. Donaldson requesting that the zoning classification at 1004 North Locust Street be changed from the ~lti-family (MF~l)classification to the Office (O) classification. This property is further described as being located on the east side of North Locust Street at the intersection of First Street and North Locust Street. The city tax records designate this property as City Block No. 108, Lot No. 20. The dimensions of this property are approximately 50' x 160'. (e) Z-1165 The request of the Planning & Zoning Commission requesting that the property in the 1400 block of 1-35W be changed from the Agricultural (A) classification to the Light Industry (LI) classification. The property is further described as being located approximately one thousand (1,000) feet south of Airport Road and fronts onto the west side of Interstate 35W. The city tax records designate this property as City Block 3031-C, Lot No. 2. The land area of this request represents approximately 25 acres. (f) S-52 The petition of Mr. G~nter Knight requesting that a Specific Use Permit be granted for the operation of a private club at 1615 Highland. The property and the building proposed to be used as a private club are located in the southeast corner of the Highland and Avenue C intersection. The city tax records designate this property as City Block No. 380, Lot Nos. 1 and 2. The building proposed for this use is presently listed as "Zeke's Drive-In". June 13, 1972 Continued (g) S-53 The petition of Mr. P. H. Taylor requesting that a Specific Use Permit be granted for the operation of a mobile home park at 601 Fort Worth Drive. This property is further described as being located on the east side of Highway 377 on the south side of the city. Only a portion of this property, approximately 40' x 80', is being requested for mobile home use. Jay's Grill occupies the front half of this pro- perty and faces Highway 377, whereas the proposed location of the mobile home will be on the rear southeast corner. The city tax records designate this property as City Block No. 311, Lot No. 7. Motion carried. 4. Warren W~itson, former Mayor, suggested that the Council confer with the County Commissioners relative to constructing future county facilities in the Civic Center. 5. PUBLIC HEARINGS: (a) A public hearing was held on Z-1150, the petition of Mrs. Edwina Craig Lang requesting that the zoning classification of 1922 North Locust be changed from the Single Family (SF-7) classi- fication to the General Retail (GR) classification. This property is further described as being located on the east side of North Locust Street just north and adjacent to the Piggly Wiggly store on University Drive. The city tax records indicate that this property is City Block No. 127, Lot Ne. 35. The dimensions of this property are approximately 90' x 200~ After hearing two proponents and no opposition and a report of approval by the Planning & Zoning Commission, motion was made by Jester, seconded by Ramey that the petition be approved. Motion carried. (b) A public hearing was held on Z-1153, the petition of Mr. Allison C. Kistler requesting that the property at 2005 and 2009 Denison Street be changed from the Multi-family (MF-1) classification to the General Retail (GR) classification. The City Plarming & Zoning Commission is requesting that the property belonging to the City adjacent to and north of Mr. Kistler's request also be rezoned from the Multi-family classification to the General Retail classification. Both Mr. Kistler's property and the city's property are described as being located on the southwest corner of new Henry Street and Denison Street. The City tax records describe Mr. Kistler's property as City Block 446, Lot No. 6 and 6.1, and the City's property is described as City Block No. 446, Lot No. 5. There were no speakers for or against the petition. Motion was made by Chambers, seconded by Jester that the petition be approved as recommended by the Planning & Zoning Commission. Motion carried. (c) A public hearing~as~held on Z~1154, the petition of Mr. Tommy L. Caruthers requesting that the property in the 2900 block of State School Road be changed from the Single Family (SF-7) classification to the General Retail (GR) classification. The property is further described as being located just south of the intersection of 1-35E and State School Road and is adjacent to the Briercliff Estates Subdivision. The ~ontage of this property faces State School Road to the east with Brighton Drive existing on the south side. The city tax records describe this property as City Block No. 285-1, Lot No. 1. After hearing one proponent and no opposition, motion was made by Ramey, seconded by Chambers that the petition be approved as recommended by the Planning & Zoning Commission. Motion carried. (d) A public hearing was held on S-49, the petition of Mrs. Peg Bie Shauck requesting that a Specific Use Permit be granted for the operation of a private m~mic school at 620 Pearl. The property is further described as being located in the northeast corner of the Pearl and Denton Street intersection. The city tax records describe this property as C~ty Block No. 474, Lot No. 18. June 13, 1972 Continued There were no speakers for or against the petition. Motion was made by Jester, seconded by Ayer that the petition be approved for the teaching of piano only, with the following other conditions: 1. Student enrollment shall not exceed more than ten (10) students at any one class period. 2. This permit shall expire whenever the petitioner ceases to operate the private school at 620 Pearl Street. 3. A sign no larger than four (4) square feet may be placed on the property. Motion carried. 6. The Council discussed the request of Miller Davidge, tabled from the ~y 23 meeting, asking that the extension of Ector Street North be deleted from the requirements. After considerable discussion, motion was made by Ayer, seconded by Chambers that the petition be referred back to the Planning & Zoning Commission for further study, review and recommendations. Motion carried with Jester abstaining. 7. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 72-23 ..... Ernest Simpson AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 27, 28, 29, 30 AND 31 OF CITY BLOCK 3017, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be passed. On roll call vote Cbmmbers voted "aye", Jester voted "aye", Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) Motion was made by Jester, seconded by Chambers that the proposed Ordinanceamending the Building Code of the City of Denton be tabled for further study. Motion carried. (C) ORDINANCE NO. 72-24 AN ORDINANCE DECLARING THE NECESSITY FOR AND ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AND DEFINING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 8. The following Resolution was presented: RESOLUTION WHEREAS, the City Council of the City of Denton owns and operates a Municipal Water Plant Facility; and WHEREAS, there is needed and necessary within the plan of development of said water facility more land facilities; and WHEREAS, said City Council has determined and does hereby find that by reason of said needs, and by reason of the location, configuration and other material considerations regarding the site hereinafter mentioned, the same is essential to the municipal needs of said City; and further, said Council is ad- vised that the Public Utilities Board concurs in such finding; and June i[3, 1972 Continued WHEREAS, said City Council is of the opinion that the establishment of further development of the Municipal Water Plant on said site is co~rpatible with and beneficial to the operation of existing municipal facilities adjacent thereto, said City Council therefore, concludes that the industrial site herein described should be purchased fr~a Alex Dickie, Sr., et al and the City Council hereby finds and declares that the needs of the City in providing facilities for rmmicipal water purposes justify said purchase, and that it is therefore in the best interest of the City of Denton that said property be purchased forthwith pursuant to the findings and determinations herein contained, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton:, Texas, purchase that certain 48.063 acre tract, or parcel of land situated in the Mary L. Austin Survey, Abstract No. 4, City and County of Denton, Texas; said tract being part of a 194 acre tract described in a deed recorded in Volume 272, Page 543 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING at the southwest corner of said 194 acre tract said point lying on the eastern line of tract conw~yed to the City of Denton by deed recorded in Volume 398, Page 576 of the Deed Records of Denton County, Texas; THENCE north 1° 25' 30" east 2347.7 feet to the most western northwest corner of aforementioned 194 acre tract t~e southeast corner of the E. Morris Survey, Abstract 868 bears south 1© 25' 30" west 53 varas; THENCE east 388.4 feet to a steel rod set for the return comber of the afore- mentioned 194 acre tract; THENCE north 66© 30' east 492.8 feet to steel rod set for the northeast corner of this; THENCE south 0© 08' east, at 445.5 feet the most western northwest corner of tract conveyed to Goode and A~sociates as shown by deed recorded in Volume 634, Page 711 of the Deed Records of Denton County,. Texas, continuing and overall 2542.8 feet with the western line of said Goode Tract to its southwest corner, a steel rod; THENCE south 89° 50' west 904.9 feet with fence line to the place of beginning. The total sales price ~' $117,657.50, payable $33,657.50 cash, at time of closing, and the balance, at four (4%) per cent interest per annum, due as follows: on January 2, 1973, $28,360.00, consisting of $25,000.00 principal and $3,360.00 interest; on January 2, 1974, $27,360.00, consisting of $25,000.00 principal and $2,360.00 interest; on January 2, 1975, $18,360.00, consisting of $17,000.00 principal and $1,360.00 interest; on January 2, 1976, $17,680.00, consisting of $17,000.00 principal and $680.00 interest, as final payment. June 13, 1972 Continued That the Mayor of the City of Denton, Texas, is hereby authorized to execute a promissory note in the amount of $91,760.00, including interest to bind said City in the terms above stated, and that the Mayor further be authorized to execute a Deed of Trust with Power of Sale upon said property to W. C. Orr, Jr., as Trustee, securing said obligation. PASSED AND APPROVED this the 13th day of June, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DKMTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si W. RALPHMANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be passed and the Mayor be 'authorized to sign the sales contract and other necessary documents. On roll call vote Jester voted "aye", Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 9. Motion was made by Ramey, seconded by Chambers that the Tax Adjustment Report for May, 1972, be approved. Motion carried. 10. After a lengthy briefing by the City Manager, motion was made by Chambers, seconded by Ayer to approve a contract with IBM for installation and lease of an IBM Disk System/3 Computer. Motion carried. 11. The Council discussed a proposed Ordinance relative to adjustment of water and sewer rates. Following a briefing by the City Manager and his request for a study session, motion was made by Ayer, seconded by Jester that the Council and Public Utilities Board meet in a study session on June 15, 1972, at 12:00 noon to discuss the adjustment of water and sewer rates. Motion carried. 12. Following a briefing by the Manager and considerable discussion, motion was made by Ramey, seconded by Ayer to a~eept a street easement from the Commonwealth Development Corporation as recommended by the Planning & Zoning Commission. Motion carried. 13. The report from the nominating committee, composed of Councilman Ayer, Chairman, and Councilmen Jester & Chambers, recommended new appointments and reappointments to City Boards, Commissions and Committees. Motion was made by Ayer, seconded by Jester that the following appointments and re- appointments be approved as recommended by the nominating committee: (NOTE: Names indicated with an asterick are new appointments and all others are reappointments.) AIRPORT ADVISORY BOARD Terry Garland 1313 Sherman Drive 1972-74 382-9611 or 387-4233 Jotm Moellinger* 212 Pennsylvania 1972-74 387-4875 Richard Stewart* 2710 Crestwood Place 1972-74 382-3225 Ju~e 13, 1972 Continued David Nichols~ 3011 Carmel 1972-74 387-7154 or 387-7577 BOARD OFADJUSTMENT Rev. H. L. Polinard 1025 Kings Row 1972-74 387-7380 or 387-1474 Dr. Ruth Anderson 810 Stanley 1972-74 387-6506 BOARD OF EQUALIZATION Clayton Atkins 3010 Nottingham 1972-73 387-6240 Garland Cates 215 Buckingham 1972-73 387-1382 Paden Neeley 2715 Brookfield 1972-73 382-3275 BUILDING CODE COF~4ITTEE Fred Reed 1520 Anna 1972-73 382-6520 Tom Davis 211 Woodland 1972-73 387-109S George C. Goen, Jr.* 3311 Santa Monica 1972-73 387-146S CIVIL SERVICE COMMISSION George Hopkins, Jr. 1011 Hopkins 1972-74 382-8739 or 382-6814 Wayne Swick 1717 Mistywood 1972-74 382-6145 Jack Q. Barton~ 124 Mill Pond Road 1972-74 387-1998 or 788-2223 ELECTRIC CODE CO~IRTEE J. J. Higdon 1023 Stanley 1972-73 382-66S7 W. F. Williams 2614Woodhaven 1972-73 382-8666 Cliff Noble 1221 Linden 1972-73 387-2452~ Bert Moore 623 ~oodland 1972-73 387-5646 or 382-2864 Joe Nichols 928 Edgewood 1972-73 382-9696 or 382-6671 LIBRARY BOARD Mrs. Robert Caldwell 2603 Jamesto~m 1972-74 382-89S4 Dr. David Speck 1125 Ave D. 1972-74 382-9303 or 382-3834 June 13, 1972 Continued Mrs. Jimmy Daniels* 414 Ruth 1972-74 382-8040 Ray Stephens* 619 Ridgecrest 1972-74 387-3340 or 788-2252 PARKS AND RECREATION BOARD E. J. Milam 104 N. Wood 1972-74 387-1308 Dr. Harold Reed* 1226 Clover Lane 1972-74 387-5020 or 387-5655 PLANNING & ZONING COMMISSION John Thonrpson 3211 Darby 1972-74 387-5635 or 788-2356 Henry J. Jones 718 Morse 1972-74 387-4836 PLUMBING AND MECHANICAL CODE BOARD Millard Heath 415 Ridgecrest 1972-~ 387-8916 or 387-4722 Fred Korioth 1929 Laurelwood 1972-~ 387-2712 or 387-6605 Joe Evans Ranch Estates 1972-~ 387-7468 or 387-6881 Bob Turnbull 2020 Bell 1972-~ 387-4361 or 382-6010 Ton~ny Turner Ranch Estates 1972-~ 387-3551 or 387-6353 PUBLIC UTILITIES Dr. J. K. G. Silvey 1811 Locksley 1972-76 387-6710 or 788~2011 Motion carried. 14. Councilman Ramey suggested appointing young citizens to various City Boards and Con~nissions as non-voting members with the purpose of providing a learning experience. The Council expressed interest in such a program, if legal. Meeting adjourned at 9:30 p.m. ~ ~ CITY6~L~RETARY Municipal Building Jm~e 21, 1972 Special meeting of the City Council, City of Denton, Texas, Wednesday, June 21, 1972, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: ~ayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Chambers & Ayer; Assistant City Manager, City Attorney & City Secretary. ABSENT: City ~l~nager 1. A public hearing was held on Z-1165, the petition of the Planning and Zoning Commission requesting 'that the zoning classification in the 1400 block of Interstate 35 West be changed from the Agricultural (A) classification to the Light Industry (LI) classification. This property is further described as being located approximately one thousand (1000) feet south of Airport Road and fronts onto the west side of I35W. Trm~sport Systems, Inc., exists to the north side of this property. The City tax records designate this property as City Block 3031-C, Lot No. 2. The land area of this request represents approximately twenty-five (25) acres. There were no speakers for or against the petition. Following a report from the City Planner, motion was made by Ayer, seconded by Jester that the petition be approved with the stipulation that the developer bear the cost of utilities. Motion carried. 2. The following Ordinance was presented: O~)INANCE NO. 72-25 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY SUBSTITUTING THEREIN NtiW SECTIONS; PROVIDING FOR NEIV SERVICE RATE PROVISIONS CONTAINED THEREIN; AMENDING CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Chambers that the Ordinance be passed. On roll call vote Jester voted "aye", Chambers voted, Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 7:40 p.m. MAYOR Municipal Building June 27, 1972 Regular Meeting of the City Council, City of Denton, Texas, Tuesday, June 27, 1972, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESF~T: ~V~yor Neu, Mayor Pro TemRamey, Councilmen Jester, Chambers & Ayer; City Manager, Assistant City Manager, City Attorney & City Secretary 1. Motion was made by Chambers, seconded by Ayer that the minutes of the regular meeting of June 13, 1972 and the special meeting of June 21, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7819 Fuel Oil Storage Tank Motion was made by Ramey, seconded by Ayer that the bid be awarded to The Farrow Company at a low bid of $71,980, as rec~mnmended by the Utilities Board. Motion carried. (B) #72-7847 Electric Meters and Equipment Motion was made by Ayer, seconded by Jester that the bid be awarded as follows, as re¢~n~nended by the Utilities Board: Electric Moters-Items 1 through 15 to Cummins Supply Company Current Transformers-Items 16 and 19 to Cummins Supply Company Current Transformers-Items 20 through 25 to Associated Engineers Meter Sockets-Items 26 through 32 to Cummins Supply Company Motion carried. (C) #72-7850 Tractor with Backhoe and Loader Motion was made by Chambers, seconded by Ramey that the bid be awarded to Village Creek Equipment Company at a low bid meeting specifications of $12,592.33 net after trade in. Motion carried. (D) #72-7855 Sale of House Motion was made by Ramey, seconded by Jester that the bid be awarded to C~ L. McGregor at a high bid of $2,000. Motion carried. 3. Motion was made by Jester, seconded by Ayer that the following two petitions be referred to the Planning and Zoning Commission: (A) Z-1164, the petition of Mr. R. H. Heiser requesting that the property located in the 2600-3200 block of Teasley Lane be changed from the Agricultural (A) classification to the Planned Development (PD) classification. ~e property is further described as being a tract of land, approximately 70 acres located in the northeast corner of Teasley Lane and Hobson Road. The City tax records designate this property as City Block No. 285, Lot No. 37. (B) S-54, the petition of Mrs. Benny Whitlock requesting that she be granted a Specific Use Permit for the operation of a day school nursery at 1704 Emerson Lane between Brookfield Street and Rockwood Street. The area of this property represents approximately a little more than a half acre of land. The City tax records designate this property as City Block No. 192-C, Lot No. 6.1. Motion carried 4. The Mayor read a proclamation, proclaiming Project Helping Hand, sponsored by the North Texas State University Ex Marines Association, to procure and send food and other items to the Rapid City, South Dakota flood victims. J~me 27, 1972 Continued 5. Cecil Aaron, co-owner of The Joker, requested that the time of closing of this amusement arcade be extended past midnight. The Mayor advised that the Council and staff would investigate the matter. 6. Mr. Carter Haley, representing Lone Star Gas Company, appeared relative to his c~npany's request for a rate increase. The Manager pointed, out that a number of cities in the area have already hired the firm of Shimek, Roming, Jacobs and Finklea of Dallas to make a study of Lone Star Gas Company's request. He recon~nended that the City of Denton join in this joint effort at a cost of $387.50. The Manager added that this is in no way closing the door on Lone Star Gas Company but is intended to obtain fairness for both Lone Star Gas and the cities involved, adding that rate structure is so complicated that there is need for professional people to analyze it. Councilman Ramey and Councilman Ayer pointed out that hiring of consultants is in keeping with standard procedure and that the city hires consultants in many areas of operation. Motion was made by Ayer, seconded by Jester that the City participate in this study at a cost of $387.50. Motion carried. 7. Bill Parker, Attorney, and Mr. Bob Nichols, Developer, appeared relative to the pro rata ordinance involving Mr. Nichols. Motion was made by Ramey, seconded by Chambers to refer the matter back to the Utilities Board for further consideration. Motion carried. 8. The following Ordinances were presented: (A) ORDINANCE NO. 72-26--Mrs. E. C. Lang AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ~d3OPTED AS ANAPPENDIX TOT HE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAPAPPLIES TO CITY LOT NO. 35, CITY BLOCK NO. 127, AS SHOWN THIS DATE ~N ~dE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be passed. On roll call vote Jester voted "aye", Chambers voted "aye", Ayer voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-27--A. C. Kistler AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED ASANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS NO. 5, 6 AND 6.1 OF CITY BLOCK 446, AS SHOI~NTHIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICUbkRLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Chambers that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Jester voted "aye", Ramey voted "aye" ~d Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-28--T. L. Caruthers AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 1, CITY BLOCK NO. 285-1, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED TItEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ramey that the Ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. June 27, 1972 Continued (D) ORDINANCE NO. ?2-29--Planning & Zoning AN ORDINANCE AMEN)lNG THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 2 OF CITY BLOCK NO. 3031-C, AS SHOWN THIS DATE ON THE OFFICIAL TAX Y~tP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Chambers that the Ordinance be passed. On roll call vote Jester voted "aye", Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (E) Proposed Ordinance Amending Building Code of City of Denton Motion was made by Jester, seconded by Ayer that action be tabled. Motion carried. (F) Proposed Ordinance Amending Garbage, Trash & Weeds Ordinance And Adjusting Fees For Service The Manager recommended a lengthy study session before final action is taken on this Ordinance. The Council concurred. 9. The following Resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF JUNE, A.D. 1972. RESOLUTION RESOLUTION COMMITTING CITY OF DENTON TO ACCEPT PLANNING GRANT OFFER; AUTHORIZING ~v~tYOR TO SIGN SAME, AND OBLIGATING CITY TO ACCOMPLISH TH~ DEVELOPMENT DESCRIBED THERE IN. Whereas, in a prior Resolution of said City Council dated October 12, 1971, the City Manager was authorized to submit an Airport Master Planning Grant Application to the Federal Aviation Administration, U. S. Department of Transportation for funds for development of a Master Plan for the Denton ~k~nicipal Airport; and Whereas, such application having been received by said Federal Agency, the Administrator thereof has authorized the issuance of a Planning Grant Offer in the mnount of $6,033.00 for the development of said Master Plan; and Whereas, such funds have been proposed to said City in the offer contained within the Planning Grant Agreement for Project No. A-48-0067-01, Contract No. DOT FA 72 SW-11S2 dated June 14, 1972, which Agreement contains additionally the terms and conditions under which such offer was made, which instrument is hereby incorporated herein and for all purposes made a part of this resolution mhd attached hereto; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, THAT: Said offer and the terms and conditions thereof are hereby accepted by the City of Denton, Texas, and that said City through the execution of this instrument obligates itself to accomplish the development described therein; and that Bill Neu, Mayor of the City of Denton is hereby authorized to execute the acceptance of said Agreement in Part II thereof, for and in behalf of said City. PASSED AND APPROVED this the 27th day of June, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS J~me 27, 1972 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH' MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Chambers that the Resolution be passed. On roll call vote Jester voted "aye", Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~IilNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF JUNE, A.D. 1972. RESOLUTION WHEREAS, on the 22nd day of June, 1971, by prior Resolution of this Council, the Mayor of said City was authorized to pledge the proceeds due the City of Denton under Paving Assessment Program No. 6, and the assessment for University Drive West, and to execute a promissory note for the total thereof payable to the First State Bank of Denton, Texas, payable one year from the date of execution of said note, at a rate of four (4%) per cent annual interest; and WHEREAS, payments have been made upon said note reducing the balance thereon now due and payable at said banking institution; and WHEREAS, it is determined that it is still in the best interest of said City that said note previously executed by the Mayor in behalf of said City extend the terms of said note for an additional one year period, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That said note previously executed and described above be extended for an additional one year period at four (4%) per cent annual interest thereon;and That Bill Neu, Mayor of the City of Denton is hereby authorized to execute said note and to pledge said proceeds above described for the payment thereof. PASSED AND APPROVED THIS the 27th day of June, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Ramey that the Resolution be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". ~{otion carried. June 27, 1972 Continued (C) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF JUNE, A.D. 1972. RESOLUTION WHEREAS, the City of Denton, Texas, has been advised by the North Central Texas Council of Governments of a Criminal Justice Grant with regards to regional law enforcement comnunications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That all of the recitals and preambles hereinabove stated are included and nmde a part of this resolution and that the City of Denton, Texas by this resolution authorizes the North Central Texas Council of Governments to solicit bids on its behalf in connection with the Criminal Justice Grant for participation in the regional law enfo~Tcenlen~-~con~nunications system. BE IT FURTHER RESO]JVED that bids pertaining to the share of the City of Denton, Texas, in this regional law enforcemei-~t communications system are subject to f~nal approval of a budget reflecting such amount and under no condition of circumstances does this agreement in any way constitute an obligation of the City of Denton, Texas, and being further subject to the provision that this program is a part of a federal grant and any payments herein are contingent upon the availability of said federal funds. PASSED AND APPROVED this the 27th day of June, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS A~PROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Jester that the Resolution be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 10. Motion was made by Ramey, seconded by Ayer that authorization be given to cremate municipal bonds redeemed prior to June 27, 1971. Motion carried. 11. Motion was made by Ayer, seconded by Jester that a voucher in the amount of $1,097.50 to General Electric Supply be approved for payment. Motion carried 12. Motion was made by Chambers, seconded by Ramey that payment in the a~nount of $3,750 be made to Ernst & Ernst Auditing Firm for a special audit of the Electric Fund for the 12 months ended January 31, 1972. Motion carried. 13. Motion was made by Ayer, seconded by Jester that final payment of $10,960 to Allis-Chalmers Manufacturing Company for materials furnished for Project #4904-E 24A (Sub-station equipment) be approved. Motion carried. 14. Motion was made by Ramey, seconded by Chambers that the statement from Norsworthy-Mercer in the amount of $10,275.03 for advertising for March and April, 1972 be aFproved. Motion carried. Jtme 27, 1972 Continued 15. Councilman Ayer, Chairman of The Nominating Committee, presented the name of W. C. Orr III for appointment as a second alternate member of the Board of Adjustment Motion was made by. Ayer, seconded by Jester that W. C. Orr III be appointed as second alternate member of the Board of Adjustment. Motion carried. 16. Councilman Ramey praised the outstanding service of Councilmen Ayer and Chambers during their tez~ns of office. Mayor Neu added that this was the feeling of all other members of the Council and of the City Staff'. Meeting adjourned at 8:45 p.m. ,- MAYOR ~icipal Building June 28, 1972 Special meeting of the City Council, City of Denton, Texas, Wednesday, June 28, 1972, at 11:45 a.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Chambers & Ayer; City Manager, Assistant City Manager, City Attorney, City Secretary and newly elected Council members, George Schneider and Morris Kibler 1. Following a canvass of' the June 27 City Council Election, the following Ordinance was presented: ORDINANCE NO. 72-30 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD JUNE 27, 1972, TO ELECT TWO CITY COUNCtlNEN. THE COUNCIL OF THE CITY OF DF2fFON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton, Texas, on the 27th day of June, 1972, for the purpose of electing two (2) members to said Council; that proper notice of said election was duly given; that proper election officers were appointed prior to said election; that said election was duly held; that due returns of the result of said[ election have been made and delivered; and that the City Com~cil has duly canvassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write- in, there being no other person receiving any votes at this election: June 28, 1972 Continued Morris Kibler 1229 Bill Coleman 304 Andy Anderson 65 Hoyt G. Wilson 79 Grant H. Jacobson, Jr. 52 Felton Lockhart 175 James M. (Mack) McCreless 101 Mrs. R. M. Cantu 80 George Schneider 1265 Oscar A. Shelton 28 Harwell V. Shepard 121 Leroy Schlueter 83 Michael A. Jeffrey 28 Robert D. Sullivan 23 Mrs.. Lillian Miller 887 Mrs. William M. Jo}mson 164 Robert W. M~anning 404 Michael J. Whitten 523 W. V. Tunnicliff 103 Mark R. Chew, Jr. 380 Richard D. Rogers 230 Write ins 15 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that George Schneider and Morris Kibler have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AN~) APPROVED this the 28th day of June, A. D. 1972. /s/ BILL NEU, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ W. RALPH ~'~kNN, CITY ATTORNEY Motion was made by Jester, seconded by Ayer that the Ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 2. Councilmen Ayer and Chambers, retiring Council members, made statements relative to their service on the Council, both stating that they were grateful for the opportunity to serve their city, and expressing their appreciation for the other Council members, the City Manager and members of the City Staff. 3. The City Secretary administered the Oath of Office to new Council members, George Schneider and Morris Kibler, who took their seats on the Council. 4. The following Resolutions were presented: (A) AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF JUNE, A.D. 1972. RESOLUTION ;~REAS, the Council of the City of Denton is losing one of its most dedicated and valued members, Robert W. Chambers, who was elected thereto in April of 1970, and again in April of 1972; and J~me 28, 1972 Continued WHEREAS, Robert W. Chambers resigned said position unexpectedly and most prematurely, said resignation made necessary by recent court decisions resulting in a loss to our community of an experienced and knowledgeable civic servant; and WHEREAS, Robert W. Chambers has always served above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of this City, and has earned the full respect ~md admiration of his subordinates and fellow Councilmen; and ~HEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Councilman Robert W. Chambers, not only for his work as a Councilman,. but formerly as President of the Municipal Research CoLmcil, which organization, under his leadership, performed additional exemplary services in behalf of our City; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS That the sincere and warm appreciation for Robert W. Chambers felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, Texas, and forwarding to him the original thereof; and BE IT FURTHER RESOLVED That the City of Denton does hereby officially and sincerely extend its sincere thanks and grateful appreciation to the said Robert W. Chambers with its best wishes for a long and successful career as a member of our community and as a civic leader. UNANIMOUSLY PASSED AND APPROVED this the 28th day of June, A. D. 1972 /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CiTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY A2~FORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Ramey that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) AT A SPECIM~iETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF JUNE, A.I). 1972. RESOLUTION WHEREAS, Hugh M. Ayer has served the City of Denton as City Councilman from April 1969 through June 28, 1972, and prior to this period as a member of its Planning And Zoning Commission from 1963 to 1967; and WHEREAS, Hugh M. Ayer's service to the community as a Councilman has prematruely been curtailed as a result of the holdings of recent court decisions; and June 28, 1972 Continued WHEREAS, throughout his tenure of office, sacrificing most valuable time to be a Planning And Zoning Commissioner and City Councilman, Hugh M. Ayer has exhibited those unique qualities of friendliness, scholarship, energy and faithful devotion to duty which had resulted in an outstanding contribution by him to the City of Denton; and WHEREAS, Hugh M. Ayer has contributed much to the planned growth and development of the City of Denton for which service recognition is most deserved; THEREFORE BE IT RESOLVF~D BY T~ COUNCIL OF THE CITY OF DENTON, TEXAS That on behalf of all the people of Denton, its officers and employees, the City Council does hereby express its that, s and sincere appreciation to Hugh M. Ayer for his tireless, able and cooperative effort as a public servant, and for his invaluable and unselfish contribution in behalf of his comm~mity; and be it further R~SOLVF~D t~t the original of this resolution be delivered to him, the said Hugh M. Ayer in recognition of the foregoing and for the purpose of conveying to him the sincere wishes of this Council for his happiness and success in the future, and to ask for his continued cooperation as a civic leader. UNANIMOUSLY PASSED J~DAPPROV~D this 28th day of June, A. D. 1972. /s/ BILL N~U, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ B~OKS HOLT, CI!~Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CiTY OF DENTON, TEXAS Motion was made by Jester, seconded by Ramey that the Resolution be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. £. The Mayor presented an engraved plaque to Dr. Chambers and Dr. Ayer. Meeting adjourned at 12:10 p.m. MAYOR Municipal Building July 11, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 11, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. P~ESENT: Mayor Neu, Mayor ProTem Ramey,Councilmen Jester, Kibler and Schneider, City Manager, Assistant City Manager, City Attorney and Acting City Secretary ABSENT: City Secretary 1. The meeting was opened by Rev. Fred W. Cassell of St Andrew Presbyterian Church. 2. Motion was made by ]~amey, seconded by Jester that the minutes of the regular meeting of June 27, 1972 and the special meeting of June 28, 1972 be approved. Motion carried. 3. BIDS: (A) #72-7852 Mobile Radios Motion was made by Jester, seconded by Ramey that the bid be awarded to General Electric at a bid of $9,876.20 (this amount is on purchase order as needed). Motion carried. (B) #72-7866 Sale of Obsolete Meters Motion was made by R~raey, seconded by Schneider that the bid be awarded as follows: Items 1-5 to Fulton Supply Item 6 to Texas Meters & Device Company Motion carried. 4. Motion was made by Jester, seconded by Schneider that S-55, the petition of Mr. Jerry Godi requesting 'that he be granted a Specific Use Permit for the operation of a fair ground or ezd~ibition at 1428 Mockingbird Lane, approximately 210 feet south from the intersection of Mingo-Fishtrap Road and Mockingbird Lane (the area of land is approximately one acre, and city tax records designate this property as City Block No. 178-J, Lot No. 3) be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. C.F. Ballard appeared regarding City use of his firm for consulting work for the City. Mr. Nash also spoke for the company's good quality and ample qualifications to handle the type of j ob a municipality requires. 6. Joe Jagoe appeared asking for removal of "no. parking" regulations on Jagoe-Malone Streets. He th~rf l~S~ented a petition from approximately 100 people affected by this regu.tati6~'~nR~ ~$aled for its removal. Jim White, City Manager, proposed a change to prohibit parking during daylight hours only. Motion was made by Jester, seconded by Kibler that the "no parking" signs along Jagoe be covered and that the matter be referred to the Planning and Zoning Commission for further study. Motion carried. July 11, 1972 Continued 7. PUBLIC HEARINGS: (A) A public hearing was held on Z-1155, the petition of Mr. Edward Raposa requesting that the zoning classification of 2215 and 2219 N. Elm Street be changed from the Single Family (SF-7) classification to the Office (O) classification. The property is further described as being located on the south- west corner of the Taliaferro and No. Elm Street Intersection. The City Tax Records designate this property as City Block No. 417, Lot Nos. 1 and 1.1. The combined area of the lots represents approximately one-half acre of land. There were no speakers for or against the petition. After a report of approval by the Planning & Zoning Con~nission, motion was made by Jester, seconded by Schneider that the petition be approved. Motion carried. (B) A public hearing was held on Z-1156, the petition of Mr. John Duncan requesting that the property in the 3300 block of Highway 380E be changed -from the Agricultural (A) classification to the Commercial (C) classification The property is further described as being located on the east side of Jerry's Marine Service Center which is on the south side of Highway 380E. There were no speakers for or against the petition. After a report of approval by the Planning & Zoning Commission, motion was made by Jester, seconded by Kibler that the petition be approved. Motion carried. (C) A public hearing was held on Z-1163, the petition of Dr. Miriam E. Donaldson, requesting that the zoning classification at 1004 North Locust Street be changed from the Multi-family (MF-1) classification to the Office (0) classification. This property is located on the east side of North Locust Street at the intersection of First Street and North Locust Street. The City Tax Records designate this property as City Block No. 108, Lot No. 20. There were no speakers for or against the petition. After a report of approval by the Planning and Zoning Commission, motion was nmde by Schneider, seconded by Kibler that the petition be approved. Motion carried. 8. Mr. Shirley Peters, City Attorney for Corinth, addressed the Council regarding the contract providing sewage service to the City of Corinth by the City of Denton. Jim White, City Manager, sLggested a special study session with the Utilities Board at the earliest possible date. 9. QUIT CLAIM DEEDS: (A) Request for a quit claim of a portion of an alley located on the east side of Les Mills Studios at llS W. College Street. After a report of approval by the Planning & Zoning Commission, motion was made by Kibler, seconded by Jester that the request for quit claim be approved. )Dtion carried. (B) Quit Claim Deed from City to Del-Car in the Loma Del Rey Addition After a report of approval by the Planning & Zoning Commission, motion was made by Jester, seconded by Schneider that the Quit Claim Deed be approved. Motion carried. (C) Quit Claim Deed of Coit Street, south of Sunset Street Motion was made by Schneider, seconded by Kibler that the matter be tabled for further study. Motion carried. Ju]ly ll, 1972 Continued 10. Motion was made by Jester, seconded by Schneider that a voucher in the amount of $1,835.73 to Bill Utter for parts for the Garage Department for June, 1972 be approved for payment. Metion carried. 11. Motion was made by Jester, seconded by Ramey that the Tax Adjustment Report for June, 1972 be approved, except for the first two items, which Councilman Jester asked that a study be made on. Motion carried. 12. A study session is to be held at the earliest possible date between the City Council and the Electrical Code Board for the purpose of reviewing the electrical code for the City of Denton. 13. Motion was made by Ramey, seconded by Schneider that final payment of $54,672.88 be made to Scott Welding, Inc. for the construction of the 2 MG Ground Storage Tank. Motion carried. 14. The following Ordinances were presented: (A) ORDINANCE NO.. 72-31 AN ORDINANCE AMENDING CHAPTER FI\rE OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REPEALING PORTIONS OF ~ ADOPTED UNIFORM BUILDING CODE, 1970 EDITION, VOLUME ONE; EFFECTING CERTAIN CHANGES THERETO; CREATING A BUILDING CODE BOARD; ESTABLISHING PROCEDURES AND POWERS THEREFORE; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-32 AN ORDINANCE AMENDING CHAPTER FIVE OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY CHANGING A PORTION OF THE ADOPTED UNIFORM BUILDING CODE, 1970 EDITION, VOLUME ONE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Sc?meider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" a~td Neu voted "aye". Motion carried. Meeting adjourned at 9:30 p.m. Municipal Building July 25, 1972 Regular meeting of the City CouncilFCity of Denton, Texas, Tuesday, July 25, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Jester, Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. Norman Schwolert, Denton State School Chaplain, gave the invocation. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of July 11, 1972 be approved. Motion carried. 2. Motion was made by Jester, seconded by Kibler that the following three zoning petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1166, the petition of Mr. Charles M. Floyd requesting that the zoning classification at 903 Bell be changed from the Multi-family (MF-1) classification to the Neighborhood Service (NS) classification. The property is further described as being located in the northwest corner of the Bell and Withers Street intersection. The property is recorded in the city tax records as City Block No. 125, Lot No. 17. (B) Z-1167, the petition of Mr. Charles M. Floyd requesting that the zoning classification of the 2400 block of W. Oak be changed from the Multi-family (MF-1) classification to the Commercial (C) classification. This property is further described as being located on the north side of W. Oak Street, just west of Bonnie Brae. The property is recorded as City Block No. 4027, Lot Nos. 13 & 14. (C) Z-1168, the petition of Mr. g. L. Wilson requesting that the zoning classification at 2428 g. University Drive be changed from the Single Family (SF-7) classification to the General Retail (GR) classification. This property is recorded as City Block No. 176-V, Lot No. 7. Motion carried. 3. Mr. R. E. Shaw appeared relative to conditions at Flow emergency room. He recommended that it be required that an intern or other medical doctor be on duty at all times at the emergency room. He added that an emergency room should always be prepared for an emergency and that without a medical doctor this is impossible. The Mayor suggested that Mr. Shaw present this problem to the Board of Directors of Flow. 4. PUBLIC HE~d~INGS: (A) A public hearing was held on Z-1160, the petition of Mrs. Neva Z. Mullins requesting that the zoning classification of 623 Withers Street be changed from the Multi-family (MF-1) classification to the Neighborhood Service (NS) classification. This property is located on the northwest ~corner of the intersection of Frame and Withers Street. The property is recorded as City Block No. 150, Lot No. 14. After hearing two proponents and no opposition, and a report of approval from the Planning and Zoning Commission, motion w~s made by Ramey, seconded by Jester that the petition be approved. Motion carried. (B) A public hearing was held on S-48, the petition of Mr. Mike T. Thompson requesting that a Specific Use Permit be granted for the operation of a private club in a General Retail zone at 801 Eagle Drive. The building and its property are located just south of the Eagle and I~OF Street intersed~on within the shopping area for the University City Apartments complex. City Block No. 316, Lot No. 10~C. July 25, 1972 Continued After hearing one proponent and one opponent, and a report of approval from the Planning and Zoning Co~nission, motion was made by Schneider, seconded by Rmney that the Specific Use Permit be granted, as recommended by the Planning and Zoning Commission, with the following conditions: 1. The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. 2.This permit shall cease to exist whenever the petitioner or his inheritors no longer operate the private club. 3. A site plan shall be required to show the building layouts parking, and seating for the operation of a private club. This plan to be submitted to the Community Development Department. Motion carried. There were 4 ayes, with Jester abstaining. (C) A public hearing was held on S-50, the appeal of Mr. Nat Noles requesting that a Specific Use Permit be granted for the operation of a private club at 1322 W. Hickory. The property in question is further described as being located on the north side of NTSU within the business district area. City block No. 336, Lot No. 13.1. Following a report of disapproval by the Planning and Zoning Commission, and hearing 2 proponents and 1 o~onent, motion was made by Kibler, seconded by Ramey that the Specific Use Permit be referred back to the Planning and Zoning Commission for further study ~md recommendation. Motion carried. There were 4 ayes, with Jester abstaining. (D) A public hearing was held on S-51, the petition of Mr. Jerry W. Hatfield requesting that a Specific Use Permit be granted for the operation of a private club in the 1600 block of Eagle in the University Plaza Shopping Center. This property is further described as being located within the southeast corner of the intersection of Eagle ~md Avenue C. A self-service laundry exists adjacent to and east of the proposed location. The area proposed to be used for the private club within the shopping center is in the building extension to the north on the west end of this building. City Blk no. 378, Lot No. 1. After hearing 3 proponents and no opposition, and a report of approval from the Planning and Zoning Com~ssion, motion was made by Schneider, seconded by Ramey that the Specific Use Permit be granted with the following conditions, as recommended by the Planning and Zoning Commission: 1. The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. 2.This permit shall cease to exist whenever the petitioner is no longer the operat6r,.of the private club. 3.A site plan shall be required to show the building layout, parking, and seating for the operation of a private club. This plan to be submitted to the Community Development Department. Motion carried. ~ere were 4 ayes, with Jester abstaining. 5. The Council discussed the recommendation of the Planning and Zoning Commission regarding planned development which exists on the north side of the highway in the 2000 block of W. University, which recommends that all of this property be changed to General Retail because the burden placed on this land would restrict development and in turn would reduce the possibility of Ector Street being extended northward. Mr. Hauptmann also reported that the Planning and Zoning Commission felt that the requirement for extension of Ector Street was an unreasonable one for lots 3.1, 4, 5 and 6 and should be removed. July 25, 1972 Continued Councilman Ramey suggested a joint meeting with the Planning and Zoning Commission within one week, and that members drive to this property for an on site inspection. Motion was made by Schneider, seconded by Ramey that the joint session be arranged with the Planning ~nd Zoning Commission within one week. Motion carried. There were 4 ayes, with Jester abstaining. 6. The following Ordinances were presented: (A) ORD]NANCENO. ~-33--John Duncan ~N O~INANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF TH~ CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY TWO (2) ACRES OF LAND IN THE 3300 BLOCK OF HIGHWAY 380E AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-34--Miriam E. Donaldson AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF TH~ CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT 20, CITY BLOCK 108 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" omd Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-35--Edward Raposa AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY O~DINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1 AND 1.1 OF CITY BLOCK 417, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (D) ORDINANCE NO. 72-36 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMITS ON HIGHWAY ENTRANCES; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 7. Motion was made by Jester, seconded by Schneider that Ernst & Ernst Auditing Firm be appointed as outside auditors for the fiscal year ending September 30, 1972. Motion carried. 8. The Council considered the recommendations of the Utilities Board regarding water and sewer agreement between the City of Corinth and J. Neal Reeves of the town of Hickory Creek. The Manager pointed out that the Utilities Board had recommended that the request be denied since requirements had not been met. Motion was made by Jester, seconded by Ramey that such an agreement be denied, as recommended by the Utilities Board. Motion carried. July 25, 1972 Continued 9. The Council discussed the matter of coin operated pool tables and the ordinance regulating such. Motion was made by Jester, seconded by Ramey that the matter be tabled for further study. Motion carried. Meeting adjourned at 9:55 p.m. CITY SECRETARY Municipal Building August 22, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 22, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Kibler, Jester and Schneider; City Manager, City Attorney and City Secretary. Dr. L. L. Armstrong, Pastor First Baptist Church, gave the invocation. 1. Motion was made by Ramey, seconded by Jester that the minutes of the regular meeting of July 25, 1972 be approved. Motion carried. 2. REFERRALS: Motion was made by Jester, seconded by Schneider that the following three petitions be referred to t'he Planning and Zoning Commission for its recommendations: (A) Z-1171, the petition of Mr. R. H. Heiser, requesting that the zoning classification of the 2600 block of Teasley Lane be changed from the Agricultural (A) classification to the Single Family (SF-10) classification. This request is for a portion, approximately 28 acres, of an approximately 70 acre tract of land to be developed as Single Family (SF-10) adjacent to the southern boundary of Southridge. The City tax records designate this property as City Block No. 285, Lot No. 37. The dimensions of this request are approximately 600 feet along Teasley Lane and approximately 2000 feet east from Teasley Lane. (B) Z-1172, the petition of Mr. Henry F. Blum III, requesting that the zoning classification at 1523 McCormick Street be changed from the Single Family (SF-7) classification to 'the Multi-Family (MF-1) classification. This property is further described as being located on the east side of McCormick Street between LM~dsey and Michael Street. The City tax records designate this property as City Block No. 350, Lot No. 7.1. The area of this property represents approximately one (1) acre of lm~d. (C) Z-1173, the petition of Mr. W. D. Barrow, requesting that the zoning classification at 90B North Locust be changed from the Multi-family (MF-1) classification to the Office (O) classification. This property is further described as being located in the northeast quadrant of North Locust Street and Hann Street. The City tax records designate this property as City Block No. 108, Lot No. 12 and 13. The dimensions of the property are approximately 143 feet by 150 feet. Motion carried. August 22, 1972 Continued 3. A l~rge group of Montecito subdivision residents appeared relative to the south segment extension of Loop 288. They requested assistance of t~e Council to relocate the proposed Loop 288 from Hobson Lane to Ryan Lane, or other route south of the subdivision, pointing out that the Hobson Lane route would be too close to Interstate 35E and would create many problems for Montecito residents. Speaking for Montecito residents were Paul Schueler, George Olufsen and Dr. J. J. Spurlock. Motion was made by Schneider, seconded by Kibler to direct the City Manager to arrange a meeting with the Council, the Texas Highway Department, two or three citizens of Montecito and Bill Utter, Chairman of the Chamber of Commerce Highway Commission~to discuss the matter. Motion carried. 4. A public hearing was held on S-52, the petition of ~. Gunter Knight, requesting that he be granted a Specific Use Permit for the operation of a private club at 1615 Highland. The property and the building proposed to be used as a private club are located in the southeast corner of the Highland and Avenue C intersection. The City tax records designate this property as City Block No. 380, Lot Nos. 1 and 2. The building proposed for this use is presently listed as "Zeke's Drive-In." After hearing two proponents ~John Hargrove of NTSU, who expressed opposition in behalf of the University, and a report of approval of the request by Planning and Zoning, motion was made by Schneider, seconded by Kibler that the Speci£ic Use Permit be approved with the following conditions: (a) The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. (b) This permit shall cease to exist whenever the petitioner is no longer the operator of the private club. Motion carried 3 to 1 with Jester abstaining. 5. The following Ordinances were p~esented-:' (A) ORDINANCE NO. 72-37 .~ ORDINANCE DIRECTING TH~ ISSUANCE OF NOTICE OF SAL~ OF BONDS Motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-38 (Neva Z. Mullins) AN ORDINANCE AMF~NDING THE ZONING MAP OF TH~ CITY OF DF~NTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT 14, CITY BLOCK 150, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DF~NTON, TF~XAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-39 AN ORDINANCE AMENDING ~H~ CODE OF THE CITY OF DENTON, TEXAS, BY PROVIDING A NEW ELECTRICAL CODE FOR TH~ CITY OF DF~NTON, TEXAS; PROVIDING A PF~NALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Schneider that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. August 22, 1972 Continued (D) ORDINANCE NO,, 72-4o AN ORDINANCE AMENDING CHAPTER FIVE, ARTICLE II, SECTION 5-14 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TWO ALTERNATE Mt~BERS OF THE BUILDING CODE BOARD; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by' Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 6. ~V~yor Neu read a Proclamation proclaiming Public Employee Week August 27 through September 2, 1972. 7. The Council considered S-50, the request of Mr. Nat Noles, requesting that a Specific Use Permit be granted for the operation of a private club at 1322 W. Hickory. The property in question is further described as being located on the North side of North Texas State University within the business district area. The City tax records designate this property as City Block No. 336, Lot No. 13.1 (This request had been returned to the Planning and Zoning Commission for further study, and the Council had held a previous public hearing.) The Director of Community Development presented a report of approval of the request by the Planning and Zoning Commission. Following considerable discussion relative primarily to the parking requirements, motion was made by Schneider that a Specific Use Permit be granted with conditions. The motion died for lack of a second. No action was taken. 8. Motion was made by Jester, seconded by Kibler that the following four vouchers in excess of $1,000 be approved for payment: Pool Equipment Co.--P. O. #17056--Rig #6166 Hydraulic Assembly Repair (Invoices #1161 and #3802) $1,725.23 Bill Utter Ford--P. O. #17203--Purchase of parts for the mouth of July, 1972 for the ~arage Department $1,548.78 Pool Equipment Co.--P. O. #17109--Rig #7163 Torque Converter Repair Pump Repair (Invoice #1221) $1,745.65 Nelson Electric Supply Co.--P. O. #16613-- Electric KWH/KW meters (Invoices #12906, #11688 and #10771) $1,883.82 Motion carried. 9. The Council considered the request of Mrs. Thomas Cain for sewer services outside the city limits. The property is on the east side of Mayhill Road near Terry's Restaurant. The Director of Utilities stated that the sewer line runs close to the property and will serve one mobile home and that the Utilities Board recommended approval for one tie in to one ~bile home. Motion was made by Jester, seconded by Schneider that the request of Mrs. Thomas Cain be approved. ~tion carried. August 22, 1972 Continued 10. The Council considered a contract with Freese, Nichols and Endress for a study of the water system relative to planning for expansion. The Director of Utilities stated that the Utilities Board had approved - such a cmtract and pointed out that cost would be $15,650. Motion was made by Ramey, seconded by Kibler that a contract be approved as recommended. Motion carried. 11. The Council considered approving an agreement with the Texas Municipal Power Pool for legal consulting services with the firm of McGinnis, Lochridge and Kilgore and with the firm of Dumas, Hugenin and Boothman. After a briefing by the Director of Utilities, motion was made by Ramey, seconded by Kibler that the agreement with McGinnis, Lochridge and Kilgore at a cost to the City of Denton of $100 a month retainer and with the firm of Dumas, Hugenin and Boothman, not to exceed a total cost of $500 to the City of Denton be approved. Motion carried. 12 The Council considered advertising for bids for expansion of the Water Treatment Plant. Following a briefing by the Director of Utilities~ motion was made by Schneider, seconded by Ramey to authorize the City staff to advertise for bids for expansion of the Water Treatment Plant. Motion carried. 13. Following a briefing by the Director of Utilities and a report of approval by the Utilities Board, motion was made by Ramey, seconded by Jester that payment in the amount of $4,085.94 to Freese, Nichols and F~ndress for engineering services in connection with the Water Treatment Plant expansion and payment in ~the amount of $3,904.76 to Freese, Nichols and Endress for engineering services in connection with a 16 inch water line on the west side of t~ City be approved. Motion carried. 14. Motion was made by Kibler, seconded by Jester that the public hearing on the 1972-73 City Budget be held on Thursday, September 14, 1972 at 7 p.m. Motion carried. Meeting adjourned at 9:10 p.m. MAYOR Municipal Building September 12, 1972 Regular meeting of the City Co~cil, City of Denton, Texas, Tuesday, September 12, 1972, at 7 p.m., in the Co~cil Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro 'rem Ramey, Councilmen Kibler,Jester and Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of August 22, 1972 be approved. Motion carried. 2. BIDS: (A) #8-7898 Replacement Police Car Motion was made by Ramey, seconded by Kibler that the bid be awarded to Banner Chevrolet Company at a low bid of $3,557.90 and to authorize sale of the trade-in to Interstate Auto Salvage at $600.00. Motion carried. (B) #72-7885 Data Processing Disc Cartridges Motion was made by Jester, seconded by Schneider that the bid be awarded to the evaluated low bidder, Control Data Corporation, at a bid of $152.55 per disc cartridge; FOB Denton. Motion carried. (C) #72-7887 Diesel, Gasoline, Oil and Lubricants Motion was made by Ramey, seconded by Kibler that the bid be awarded to the low bidders as follows: ITF~M 1 Premium Gasoline @.1391¢ per gallon to Ben Ivey Oil Co. ITeM IA Regular Gasoline @.1209¢ per gallon to Gulf Oil Co. ITEM 2 Diesel ]~el @.1071¢ per gallon to Caruthers Oil Co. ITEM 3 Motor Oil @.53~ per gallon to Continental Oil Co. ITEM 6 Hydraulic Oil @.47¢ per gallon to Continental Oil Co. ITEM 7 Malti-l~rpose Gear Lub. @.12¢ to Continental Oil Co. ITEM 8 Multi-l~rpose Chassis Lub. @.1685¢ per lb. to Carut~ers Oil Co. ITEM 9 Automatic Transmission Fluid @1.03 per gal. to Caruthers Oil Co. Motion carried. (D) #72-7890 Sign Blanks, Faces and Posts Motl6n'~was eider, seconded by Jester that the bid be awarded as follows: ~ ITEMS 1-21 and 23-26 to Vulcan Sign and Stamping ITEM 22 to Traffic Supplies Inc. ITEMS 27-66 to 3-M Company Motion carried. (E) #72-7891 Traffic Paint and ~eflective Spheres Motion was made by Ramey, seconded by Jester that the bid not be awarded at this time but that the City purchase t~rough the State of Texas contract. Motion carried. (F) #72-7886 Water Meters Motion was made by Jester, seconded by Kibler that a decision on ITEM 1 be tabled and the remainder of the bid be awarded as follows: ITEM 2 to Gamon-Calmet Industries at $54.00 per meter ITEM 3 to Gamon-Calmet Industries at $108.00 per meter ITEM 4 to Bowles and Eden Supply Co. at $169.26 per meter ITEM 5, 6, & 7 to Hersey Meter Co. at the evaluated low bid of $574.00 per 3" compound meter; $945.00 per 4" compound meter and $1,980 per 6" compound meter ITEM 8 to Rock~ell Meter Co. at $259.00 per meter Motion carried. September 12, 1972 Continued 3. REFERRALS: Motion was made by Jester, seconded by Schneider that the following four petitions be referred to the Planning and Zoning Conmission for its recommendations. (A) Z-1174, the petition of Mrs. John M. Blankenship requesting that the zoning classification of 914 N. Locust be changed from the Multi-family (MF-1) classification to the Neighborhood Service (NS) classification. This property is located on the east side of N. Locust Street at the intersection of Ferguson and N. Locust Street. This property recorded as City Block No. 108, Lot No. 14. The d~nensions are approximately 80 feet by 170 feet. (B) Z-1175, the petition of Mr. Jack C. Irwin requesting that the zoning classification between the 3400-3800 block of West University be changed from the Agricultural (A) classification to the Planned Development (PD) classification. This tract is approximately 49 acres located north of University Drive and is situated between the Santa Fe Railroad tracks on the east and Ranch Estates on the west. Selwyn School is to the southeast of this property across University Drive. Recorded as City Block No. 4070-1, Tracts Nos. 7 & 7C. (C) Z-1176, the petition of Mr. S. Eric Ragir requesting that the property located west of Old North Road in Denton County, representing approximately 55 acres, be rezoned and annexed to the City of Denton. This property is located south, approximately 1000 feet from Kings Row and west from the center line of Old North Road. The corporate limits of the City of Denton abutt this property on the south and west property lines. The dimensions are approximately 1400'x1900' ~ (D) S-56, the petition of Mrs. Alpha Kelly requesting that she be granted a Specific Use Permit for a mobile home park in an Agricultural Zone District to place a single mobile home at 325 Mission Road. The property is located just south of Mission Road. Recorded as City Block No. 350-Q, Lot No. 13. The area of this property is approximately 3.33 acres. Motion carried. 4. PUBLIC .HEARINGS: (A) A public hearing was held on Z-1167, the petition of Mr. Charles M. Floyd requesting that the zoning classification of the 2400 block of W. Oak be changed from the Multi-family (MF-1) classification to the Office (0) classification. This property is further described as being located on the north side of W. Oak Street, just west of Bonnie Brae. Recorded as City Block No. 4027, Lots Nos. 13 and 14. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Kibler, seconded by Ramey that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. (B) A public hearing was held on Z-1168, the appeal of Mr. E. L. Wilson requesting that the zoning classification at 2428 E. University Drive be changed from the Single Family (SF-7) classification to the General Retail (GR) classification. This property is located on the southwest corner of the intersection of E. University Drive and Mockingbird Lane. Recorded as City Block No. 176-V, Lot No. 7. The area of the property is approximately 3 1/2 acres. After hearing 1 proponent and no opposition and a report of denial from the Planning and Zoning Commission, motion was made by Jester, seconded by Ramey that action on the appeal be tabled. Motion carried. September 12, 1972 Continued (C) A public hearing was held on Z-1170, the petition of Mr. Philip M. Proctor requesting that approximately 54 acres in the 1500 block of Loop 288 be changed from the Agricultural (A) classification to the Single Family (SF-?) classification and that approximately 35 acres of this total land be annexed into the City of Denton. This 'property is located on the southeast side of Loop 288 and is recorded as City Block No. 276-E, Lot No. 2. After hearing 1 proponent and 1 opponent and a report of approval from the Planning and Zoning C~mmission, motion was made by Jester, seconded by Ramey to approve that portion of the property within the city limits and that the City Attorney be directed to prepare the necessary legal documents for that portion of the property requested for annexation. Motion carried. (D) A public hearing was held on S-54, the petition of Mrs. Benny Whitlock requesting that a Specific Use Permit be granted for the operation of a day school nursery at 1704 Emerson. The property is located on the south side of Emerson Lane between Brookfield Street and Rockwood Street. The area of the property is a little more ~han one acre. Recorded as City Block No. 192-C Lot No. 6.1 and part of Lot No. 4. After hearing 7 proponents ~nd 3 in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Schneider that the Specific Use Permit be approved with the following conditions: (a) A State License shall be required for the operation of a day nursery at this location. (b) A City Certificate of Occupancy shall be required for the operation of a day nursery at this location. (c) The maximum n~nber of children permitted for this day nursery shall be thirty-five (35). (d) An identification sign, no larger than six square feet in area, may be placed on the property. (e) This permit shall expire whenever the petitioner is no longer the owner and operator of this day nursery. (f) An adequately designed driveway shall be constructed within 120 days in a way that would control the traffic flow occurring from the use taking place on this property. An example of this requirement would be a circular driveway. (g) The fence separating George Ritter property leased by Mrs. Whitlock be r~noved. Motion carried 3 to 1 with Jester abstaining. S. The Mayor recognized Richard Yahr, Attorney for Mr. A1-Khafaji who asked for a transfer of a Specific Use Permit from Charles Mulkey to Mr. A1-Khafaji for the operation of a day care nursery at 3311 E. McKinney. The City Planner pointed out that the Specific Use Permit with conditions issued to Mr. Mulkey expired on August 24, 1972. The City Attorney stated that Mr. Al~Khafaji's request should proceed through normal channels of City zoning procedures. The Mayor requested that the Manager arrange a meeting with the petitioner, his legal counsel, the City Attorney and the City Planner for the purpose of finding a solution to the matter. The Council concurred. September 12, 1972 Continued 6. Mr. George Olufsen, Monteci~o Subdivision resident, reported to the Council that he had met with the State Highway Commission in Austin relative to the relocation of the south portion of Loop 288. Mr. Olufsen stated that he was informed that State Highway Engineers would be in Denton in the latter part of September and would be available for further discussion of the matter. 7. The following Ordinance was presented: ORDINANCE NO. 72-41 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, DECLARING THE EXISTENCE OF JUNK VEHICLES WITHIN THE CITY LIMITS OF DENTON, TEXAS, TO BE A PUBLIC NUISANCE AND PROVIDING FOR THE ABATRqENT OF SAME; PROVIDING FOR THE ASSESSMENT OF COSTS, AND PROVISIONS TO COLLECT SAME; PROVIDING A PENALTY; AND DECIARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote S¢Imeider voted "aye", Jester voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye" Motion carried. 8. The following Resolution was presented: RESOLUTION A RESOLUTION APPROVING THE AGREEMENT DATED SEPTEMBER 12, 1972 BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGh~AY SIGNAL PROJECT AT LOOP 288 WITH F.M. 426 AND WITH U.S. 380 IN THE CITY OF DENTON; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMenT. BE IT RESOLIfED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That the certain agreement dated September 12, 1972 between the State of Texas and the City of Denton for the installation, construction, existence, use, operation and maintenance of certain highway signal project located at Loop 288 with F.M. 426 and with U.S. 380 in the City of Denton be, and the smne is, hereby approved; and that James W. White is hereby authorized to execute said agreement on behalf~o-f th~-~ei42y of Denton and to transmit the same to the State of Texas for Rppro~'~.~ .~[ · .'~.~i°~.,n PASSED: September 12, 1972 APPROVED: September 12, 1972 /si MAYOR ATTEST /s/ CITY SECRETARY APPROVED AS TO FORM: /s/ CITY ATTORNEY Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Sclmeider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. September 12, 1972 Continued 9. The Council considered the petition of Mr. Miller Davidge (Z-1152), requesting that the property in the 2000 block of University Drive which is in a General Retail Zone be removed from the Planned Development Ordinance (PD-1). The conditions of this Planned Development Ordinance require a 170 foot front yard .setback on the tract of land west and adjacent to the Osteopathic Clinic on Highway 380 and an extension of Ector Street to the north of Highway 380 across property .just north of the existing Ector Street. The Manager briefed tlhe Council, stating that lots 3.1, 4, 5 and 6 would not affect the proposed ~tension of Ector Street. Following considerable discussion, motion was made by Ramey, seconded by Kibler to remove the Planned Development setback requirements on Lots 3.1, 4, 5, 6, 7 and 8 and to require appropriate screening on the east and west boundary lines of the Osteopathic Hospital property and to delete the Ector Street extension requirement from lots 3.1, 4, 5 and 6. Motion carried. 10. Mayor Pro Tem Ramey, Chairman of the Nominating Committee, recommended that Tom~/ Caruthers be named to replace John Matt Howard on the Building Code Board and that Bob Crouch and ~[lie Miller be appointed as alternate members. Motion was made by Rmney, seconded by Jester that Tommy Caruthers be appointed to the Building Code Board and Bob Crouch and Allie Miller be appointed as alternate members. Motion carried. 11. Motion was made by R~ney, seconded by Schneider that the Tax Adjustment Report for the month of August, 1972 in the amount of $2,397.85 be approved. Motion carried. Meeting adjourned at 10 p.m. MAYOR Municipal Building September 14, 1972 Special meeting of the City Council, City of Denton, Texas, Thursday, September 14, 1972 at 7 p.m. in the Council Chambers of the Municipal Building. P~ESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Schneider 1. A public hearing was held on the 1972-1973 Municipal Budget. On the request of the Mayor, the ~4~nager presented highlights of the proposed budget by read~g his budget message and added remarks relative to specific points of the budget. Councilman Ramey observed that the total amount of the City ad-valorem tax was not sufficient to defray the costs of operation of the Police Department alone. The Mayor then invited citizens present to express their opinions. (A) Gordon Healey and Dr. Mary Whitten, representing the Denton Humane Society, co,ended the City for the recent improvements in the Animal Control Shelter. They suggested that additional space was needed, and that the l~r ge animals should be separated from small ones, and that animals should be placed in quarantine for a period of time before placed with other animals. They also expressed concern for control of disease. Councilman Ramey requested that Nell Haman make a survey of other ci ty' s involvement with Humane Societies. (B) Dr. Hugh Ayer, former Councilman, stated that he was concerned about the following: (1) More pay for the Sanitation workers. (2) Curb side pick up of garbage. (3) Amount of money that the City pays Flow Hospital, stating that with both the City and County paying like amounts that Denton citizens were being double taxed. He added that this should be more equitable since over 50% of the people in the County live in the City of Denton. The Mayor closed the public hearing. 2. The following O~a~S presented: ORDINANCE NO. 72-42 AN OPd~INANCE ADOPTING THE BUDGET FOR THE CITY OF DF~TON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER l, 1972, AND ENDING ON SEPTEMBER 30, 1973; P~EVISING TH~ BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1972; LEVYING TAXES FOR TH~ YF~R 1972 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 8:10 p.m. ~ /~~~ MAYOR Municipal Building September 26, 1972 Special meeting of the City Co~cil, City of Denton, Texas, Tuesday, September 26, 1972, at 10:30 a.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Councilmen Schneider and Kibler; City Manager, Assistant City Manager, City Attorn~ and City Secretary. ABSENT: Mayor Pro Tem Ramey ~d Councilman Jester. 1. The meeting was called for the purpose of receiving Water and Sewer Revenue Bond bids in the amount of $1,500,000, series 1972. 2. The bids were received and tabulated by Frank Medanich of the First Southwest Company. The First of Texas, Inc. and Rose Winston Company, Inc. had identical bids. 3. Motion was made by Schneider, seconded by Kibler to reject all bids except First of Texas. Motion carried. 4. The following Ordinance was presented: ORDINANCE NO. 72-43 ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS Motion was made by Sctmeider, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", and Neu voted "aye". Motion carried. (The bid of First of Texas, Inc. was accepted at an effective interest rate of 4.996829%.) Meeting adjourned at 11:40 a.m. MAYOR Municipal Building September 26, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 26, 1972, at 7 p.m. in the Council Chambers of the Municipal Building. PP~SENT: Mayor Neu, Councilmen Kibler, Schneider and Jester; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Pro Tern Ramey. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of September 12 and the minutes of the special meeting of September 14 be approved. Motion carried. 2. BIDS: (A) #72-7886 (Item #1) Water Meters, 5/8" x 3/4" Motion was made by Jester, seconded by Schneider to award the bid on item 1 to Gamon Meter Company at a bid of $26.50 for each meter and to purchase 50 meters from Crane Meter Company for use in testing purposes and future evaluation. Motion carried. (B) #72-7901 Contract #6044A Water Treatment Plant Expansion #72-7903 Contract #6044C High Service Pumping Unit Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider that the bids be awarded as follows: #72-7901 to A. E. Mitchell Construction Co. at a bid of $1,146.973. #72-7903 to Allis Chalmers Corp. at a bid of $13,360. Motion carried. 3. Motion was made by Jester, seconded by Schneider that the following four petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1177, the petition of Mr. Edward Raposa requesting that the zoning classification at 2207 and 2211 No Elm be changed from the Single Family (SF-7) classification to the Office (O) classification. This property is located just south of Taliaferro Street, approximately 200 feet on the west side of N. Elm Street. The total area of these t~o lots is approximately one-half acre. City Block No. 417, Lots 2 and 3. (B) Z-1178, the petition of Ms. Jane Sewell and Mr. Thomas Mobberley requesting that approximately 21 acres of a 60 acre tract be annexed and rezoned from the Agricultural (A) classification to the Single Family (SF-10) classification. A portion of approximately 3 1/2 acres of the Single Family property that is already in the corporate limits is being requested to be rezoned to a multi-family (MF-1) zone. This property is located in the northeast section of the City just south of Kings Row and west of Old North Road. The portion of the property being requested for a Multi-family classification is located adjacent to the electrical substation on the northwest corner along Kings Row. The existing 28 acres of land already in the corporate limits is recorded as City Block No. 191-G, Lot No. 5. (C) Z-1179, the petition of Mr. Gary Jordan requesting that the zoning classification at 1615 1-35E be changed from the Neighborhood Service classification to the Commercial (C) classification. This property is further described as being located on the southwest corner of Interstate 35 and Knight Street. The area is approximately 3/4 of an acre. City Block #377-A, Lot No. 1. (D) S-57, the petition of Mr. Ali A1-Khafaji requesting that a Specific Use Permit be granted to him for the operation of a day nursery at 3311 E. McKinney. The proposed day nursery will occupy an existing house on this property which faces E. McKinney. City Block No. 187-B, Lot No. 2. Motion carried. September 26, 1972 Continued 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1171, the petition of Mr. R. H. Heiser requesting that the zoning classification in the 2600 block of Teasley Lane be changed from the Agricultural (A) classification to the Single Family classifica- tion (SF-10). This request is for a portion of approximately 28 acres of a 70 acre tract and the dimensions of this request are approximately 600 feet along Teasley Lane and 2000 feet east from Teasley Lane. After hearing 1 proponent and no opposition, and a recommendation of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the petition be approved. Motion carried. (B) A public hearing was held on Z-1173, the petition of Mr. W. D. Barrow requesting that the zoning classification at 902 North Locust be changed from the Multi-family (MF-1) classification to the Office (O) classification. This property is located in the northeast quadrant of North Locust Street and Hann S%reet City Block No. 108, Lot No. 12 and 13. After hearing 1 proponent and no opposition, and a recommendation of approval by the Planning and Zoning Commission, Botion was made by Kibler, seconded by Jester that the petition be approved. Motion carried. 5. The following Ordinances were presented: (A) ORDINANCE NO. 72-44 -~ Charles Floyd AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO T~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS NOS. 13 AND 14, CITY BLOCK NO. 4027, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBEDTHEt~IN; AND DECLARINGAN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye" and Neu voted "aye".~ Motion carried. (B) ORDINANCE NO. 72-45 -- Philip Proctor AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ABOPTED AS ANAPPENDIXTOTF~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO A 18.718 ACRE TRACT AND BEING IN THE J. W. CHEEK SURVEY, ABSTRACT NO. 324AND BEING LOCATED EAST OF LOOP 288, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed and to set a public hearing on October 10, 1972 at 7 p.m. on the annexation request. On roll call vote Jester voted "aye", Schneider voted "aye", Kibler voted "aye" and Neu voted "aye". Motion carried. (C) Proposed Ordinance regulating the moving of buildings The Traffic Engineer' briefed the Council on the proposed ordinance. Following considerable discussion, motion was made by Jester, seconded by Schneider that the ordinance be passed but to advise the Police Chief not to harrass mobile home people while moving through the City. A discussion followed this motion, which resulted in Jester withdrawing his motion. Motion was then made by Jester, seconded by Kibler to table action and to request the City Attorney and the City Traffic Engineer to revise the Ordinance so that it would not unduly interfere with interstate transit. Motion carried. September 26, 1972 Continued (D) ORDINANCE NO. 72-46 ~ ORDINANCE AMENDING THE SPECIAL CONDITIONS CONTAINED WITHIN ZONING CLASSIFICATION PD-1 AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1; AND DECLARING AN EFFECTIVE DATE. Motion 'was made by Schneider, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", and Neu voted "aye". Motion carried with Jester abstaining. 6. Motion was made by Jester, seconded by Kibler that the Tax Adjustment Report for the month of July, 1972 in the amount of $1,577.71 be approved. Motion carried. 7. The Council considered approval of final payment to Elm Fork Construction Co~mpany for construction of the foundation and piping for the storage tank at the Water Treatment Plant. Motion was made by Jester, seconded by Schneider that final payment to Elm Fork Construction Company in the amount of $11,601.78 be approved. Motion carried. 8. Motion was made by Schneider, seconded by Jester that payment to Norsworthy-Mercer, Inc. in the amount of $866.66 for advertising services for the month of July, 1972 be approved. Motion carried. 9. Motion was made by Jester, seconded by Schneider to authorize the Mayor to sign a release of paving assessment liens on a street that has not been improved. Motion carried 3 to 1. 10 Motion was made by Schneider, seconded by Jester to accept the reconmendation of Flow Hospital Board to hire the auditing firm of Leatherwood and Ward, Certified Public Accountants, of Fort Worth, with the stipulation that a more comprehensive report be made by the auditing firm than was given by auditors the past year. Motion carried. Meeting adjourned at 8:35 p.m. MAYOR ~micipal Building October 10, 1972 Regular meeting of the City Council, City of Denton, Te×as~ Tuesday, October 10, 1972, at 7 p.m., in the Council Chambers of the~Mnicipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Kibler, Schneider and Jester; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Kibler that the minutes of the regular meeting of September 26, 1972 and the special meeting of September 26, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7909 Paver Machine and Asphalt Roller Motion was made by Ramey, seconded by Kibler that the bid be awarded as follows: Item 1-Paving Machine to the low bidder with trade, Layton Products Co., at $4,640.00 less trade in of item two equipment #2828 at $1,390.00 for the net total of $3,250.00 Item 3-Asphalt Roller to Highway Machinery Co. at $4,737.00 less trade in of item four equipment #2870 at $1,000.00 for the net total of $3,737.00. Motion carried. 3. FOR REFERRAL: Motion was made by Jester, seconded by Schneider that the following two petitions be referred to the Planning and Zoning Commission for its recommendations. Motion carried. (A) Z-1180, the petition of Ms. Olive Honeycutt requesting that the zoning classification in the 2100 block of Sherman Drive be changed from the Single Family (SF-10) classification to the General Retail (GR) classification. This property is located in the northeast corner of Kings Row and Sherman Drive. Recorded as City Block No. 195, Lots Nos. 1, 2, 3, 4 and 5. These five lots are approximately one and one-half acres. ( ) S-58~ tH f Mr. Norman Rhodes requesting that he be granted a Specific~Use~Perm~o~*~h~ operation of a private club at 1615 Highland. The building proposed for this use is presently listed as "Zeke's Drive-In" and is located in the southeast corner of the Highland and Avenue C intersection. City Block No. 380, Lot Nos. 1 and 2. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1170, the petition of ~r. Phillip M. Proctor requesting armexation of approximately 35 acres of land adjacent to the corporate limits of Denton. This property is located on the southeast side of Loop 288. There were no proponents nor opponents present. Following a report of approval by the Planning and Zoning Conm~ission, motion was made by Ramey, seconded by Jester that the petition be approved and that the City Attorney be directed to prepare the necessa'ry legal documents for annexation. ~otion carried. October 10, 1972 Continued (B) A public hearing was held on Z-1176, the petition of Mr. S. Eric Ragir requesting that the property located west of Old North Road in Denton Comity, representing approximately 50 acres, be rezoned and annexed into the City of Denton. This property is located south, approximately 1000 feet, from Kings Row and west from the center line of Old North Road. The corporate limits of the City abutt this property on the south and west property lines. The dimensions are 1400 feet by 1900 feet. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Conmission, motion was made by Kibler, seconded by Schneider that the petition be approved and that the City Attorney take steps to prepare the necessary legal documents for annexation. Motion carried. (C) A public hearing was held on S-56, the petition of Ms. Alpha Kelly requesting that she be granted a Specific Use Permit for a mobile home park in an Agricultural Zone District to place a single mobile home at 328 ~ission Road. The property is further described as being just south approximately 500 feet from Mission Road. The area is approximately 3.33 acres and is recorded as City Block No. 350-Q Lot No. 13. After hearing 1 proponent and no opposition, and a report of approval by the Planning and ~oning Commission, motion was made by Ramey, seconded b~ Schneider that the Specific Use Permit be approved subject to the following cenditions: (1) No more than one mobile home shall be permitted at any time. (2) The mobile home park, limited to one mobile home, shall not extend beyond the limits of City Lot No. 13, Block No. 350-Q as shown this date on the tax records of the City of Denton. (3) This permit shall expire when the use described herein is discontinued or abandoned for a continuous period of one year or by act of the City Council. (4) This Specific Use Permit will terminate at the time the Petitioner neither owns nor resides on the property described as City Block No. 350-Q, Lot No. 13. (5) When the sewer lines are extended down Mission Road, the petitioner must attach to the City sewer lines or the Specific Use Permit will be terminated. Motion carried. 5. The Council considered Z-1168, the petition of Mr. E. L. Wilson requesting that the zoning classification at 2428 E. University Drive be changed from the Single Family (SF-7) classification to the General Retail (GR) classification, (This property is located in the southwest corner of the inter- section of E. University Drive and Mockingbird Lane. The property area is approximately three and one-half acres and is recorded as City Block 176-V, Lot No. 7.) which was tabled at the last regular meeting. Bill Moore briefed the Council on traffic problems in the area. Following considerable discussion, motion was made by Jester, seconded by Ramey that the petition be tabled and that the petitioner be notified ~o present his plan for ingress and egress, and plans for development. Motion carried. 6. Bill Williamson, representing The Senior Civitan Club, requested pe~nission for Junior Civitan Club members to paint house numbers on city curbs, at a cost of $1.00 per sign, with proceeds to go to two local burn victims. ~otion was made by Kibler, seconded by Schneider to grant permission to The Junior CivitanClub to paint house numbers on city curbs, and to direct the City Attorney to prepare the necessary permit. Motion carried. October 10, 1972 Continued 7. The following Ordinar, ces were presented: (A) ORDINANCE NO. 72-47--R. H. Heiser AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~4E WAS ADOPTED AS AN APPENDIX TO T~ C. ODE OF ORDIh[ANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS STtlD MAP APPLIES TO LOT NO. 37, CITY BLOCK NO. 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THERtilN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Schneider that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-~8--W. D. Barrow AN ORDINANCE AMENDING THE ZONING ~iiP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TF~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 12 AND 13 OF BLOCK NO. 108, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 8. Mayor Pro Tern Ramey reported on names of citizens that the Nominating Committee recommended for Board Appointments. Motion was ~mde by Ramey, seconded by Kibler that the following appointements be approved: Building Code Board--Dr. W. A. Crawford, alternate to fill the appo.intm~nt of Mr. Allie Miller, who lives outside the city limits. Flow Memorial Hospital Board--John Carter reappointed for term October, 1972 through October, 1974. Electric Code Con~ittee--Pete Chumbley, alternate. Motion carried. 9. The Council considered a no parking zone on Highland Street from Carroll Boulevard to IOOF Street. Bill Moore, Traffic Engineer, advised that cars cannot pass in this area when cars are parked on bo'th or one side of the street, and that the Planning and Zoning Commission had approved "no parking" for this segment of Highland. Following considerable discussion, motion was made by Ramey, seconded by Kibler that a decision be tabled for further study until the next regular meeting. Motion carried. 10. The Council considered parking restrictions on Jagoe Street between Oak and Scripture. Four residents of Jagoe Street expressed their opposition to the plans and considerable discussion by the Council followed. Motion was made by Kibler, seconded by Schneider to table action in order to arrange a meeting before the next regular meeting with residents of Jagoe Street. Motion carried 4 to 1. October 10, 1972 Continued 1t~ Following a briefing by the City Manager, the following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~UNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF OCTOBER, A.D. 1972. RESOLUTION AUTHORIZING THE APPOINTMENT TO THE HICKORY CREEK WATERSHED-DENTON COUNTY COMPREHENSIVE WATER AND SEWER PLANNING CO~4ITTEE ~ERt~S, pursuant to the provisions of Article 1011m, Revised Civil Statutes, State of Texas, and the Bylaws as adopted by its member governments, the North Central Texas Council of Governments is the duly authorized and designated agency for the performance of areawide planning within the North Central Texas Region; and ~ERt~S, the Cities of Argyle, Corinth, Denton, Hickory Creek, Krum, Lake Dallas, Shady Shores and the Lake Dallas Municipal Utility Authority have expressed a desire to undertake planning for a comprehensive sewer plan; and ~MEPd~S, the North Central Texas Council of Governments being desirous of assist- ing in the preparation of such a plan in order to: (1) aid its member governments, (2) promote efficient and orderly development, and (3) provide the information necessary to avoid overlapping, duplication, underdesign, or overdesign of the community water and sewer facilities that may be constructed in the area covered by the plan; and WHEREAS, the Executive Board of the North Central Texas Council of Governments has authorized the preparation and submission of an application to the Department of Community Affairs for partial funding under the "701" Program for assistance in this comprehensive planning effort; and WHEPd~iAS, the cities stated agree to provide the remaining monies necessary to complete the preliminary planning. NOW, THEREFORE BE liT RESOLVED: SECTION I. That the City Council of the City of Denton, Texas, hereby appoint its representatives to the Hickory Creek Watershed-Denton County Comprehensive Water and Sewer Planning Committee, representing tJxe City of Denton are as follows: /s/ Bill Davis /s/ Gene Gamble ~VlBER MI~mER SECTION II. That the City Council of the City of Denton hereby endorses the above appl[ication for financial assistance and requests the Texas Department of Community Affairs to give favorable consideration. APPROVED AND ADOPTt© this the 10th day of October, 1972, by the City Council of the City of Denton, Texas. /s/ BILL NEU, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: /si /si BROOKS HOLT, CITY SECRETARY W. RALPH MANN, CITY ATTORNEY Motion was made by Schneider, seconded by Jester that the Resolution be passed. ~ roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 12. Joe Jagoe inquired of the Council as to what could be done relative to lack of sidewalks in Denton. The City Planner replied that the Planning and Zoning Commissio~ was concerned about the matter and have discussed possibilities of a study session. ~eeting adjourned at 8:45p.m. ~ ~ MAYOR Municipal Building October 24, 1972 Regular meeting of the City Com~cil, City of Denton, Texas, Tuesday, October 24, 1972, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Kibler & Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Sctmeider, seconded by Jester that the minutes of the regular meeting of October 10, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7904 Construction Steel Motion was made by Schneider, seconded by Ramey that the bid be awarded to Ducommun Metal Products, low bidder meeting specifications, for the net delivered price of item 1, $1,762.32 and item 2, $587.44 for a net total of $2,349.76. Motion carried. (B) #72-7914 High Pressure Sewer Cleaning Unit Motion was made by Ramey, seconded by Kibler that the bid be awarded to Naylor Supply Company, low bidder meeting specifications, at a bid of $7,616, less trade in of $500 for a net amount of $7,116 installed on a truck furnished by the City of Denton. Motion carried. (C) #72-7915 T~ack Cab and Chassis Motion was made by Jester, seconded by Schneider that the bid be awarded to Banner Chevrolet Company, low bidder meeting specifications, the net bid being $4,027.96. Motion carried. (D) #72-7916 Air Compressors Motion was made by Kibler, seconded by Schneider that the bid be awarded to Village Creek Equipment Company, low bidder meeting specifications, for two 175 CFM Jaeger Units at a net bid after trade-in of $7,700. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1177, the petition of ~r. ~dward Raposa requesting that the zoning classification at 2207 and 2211 N. Elm be changed from the Single Family (SF-7) classification to the Office (O) classification. This property is located just south of Taliaferro Street, approximately 200 feet, on the west side of N. Elm Street. The total area of these two lots represents approximately one-half acre. Block No. 417, Lot Nos. 2 and 3. After hearing 1 proponent and no opposition and a report of approval from the Planning and Zoning Co~¢nission, motion was made by Kibler, seconded by Jester that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. (B) A public hearing was held on S-57, the petition of Mr. Ali A1-Khafaji requesting that a Specific Use Permit be granted to him for the operation of a day nursery at 3311 East McKinney and is further described in the City tax records as City Block No. 187-B, Lot No. 2. The proposed day nursery will occupy an existing house on this property which now faces East McKinney. After hearing 1 proponent and no opposition and a report of approval from the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the Specific Use Permit petition be approved with the following conditions: (1) An adequately designed sewer line shall be installed for the operation of a day nursery at this location ~ .. ~[.~k~in~a '_l~?riod of six (6) months. When en~olt~nent passes 50, traffic will have to be opened to Mockingbird Lane. October 24, 1972 Continued (3) The dwelling to be used for the day nursery shall comply with the Building, Plumbing, Electrical, and Fire Codes within the City of Denton. (4) St~Jrage of dangerous machinery for the purpose of instructional training, such as farm implements or used automobiles, shall not be accessible to the children of this day nursery without the supervision of trained personnel to permit such accessibility. (5)A time limit of one year is required for development of this day nursery. (6) This permit shall expire if the petitioner, Mr. Ali A1-Khafaji, is no longer the owner of this property. Motion carried. 4. The following Ordinances were presented: (A) ORDINANCE NO. 72-49 .iN ORDINANCE AMENDING ORDINANCE NO. 72-24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, DECLARING THE NECESSITY FOR AND ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "nay", Jester voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (~) ORDINANCE NO. 72-50 .iN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGH~/AYS, STREETS AND ALLEYS IN SAID CITY; PROVIDING FOR PROTECTION OF THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERATIONS; AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Schneider that the Ordinance be passed. On roll call vote Jester voted "nay", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-51 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE ACCUMULATION AND COLLECTION OF GARBAGE AND EFFECTING A CHARGE THEREFOR; RESTRICTING THE BURNING OF TRASH AND RUBBISH; DEFINING CERTAIN NUISANCES; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Schneider that the Ordinance be passed with the stipulation that the City Manager present an audit report to the Council in six months after the new Ordinance goes into effect on savings, efficiency, cost of labor and other pertinent findings. On roll call vote Jester voted "nay", Schneider voted "aye". Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 5. The Council considered approval of the final site plan by Tony Raposa on the proposed site just south of Highway 380 and west of Village East Apartments. Following a report by the City Plarmer, motion was made by Ramey, seconded by Schneider that the final site plan provided by Tony Raposa be approved. Motion carried. October 24, 1972 Continued 6. Following a briefing by Bill Moore, Traffic Engineer, motion was made by Kibler, seconded by Schneider to ban parking on both sides of Highland between IOOF and Carroll Streets. Moti~m carried. 7. Motion was made by Ramey, seconded by Kibler to accept the Tax Roll for 1972 as prepared and presented by the Board of Equalization. Motion carried. 8. Motion was made by Ramey, seconded by Kibler that the following vouchers in excess of $1,000 be approved for payment: Gifford Hill-American, Inc. for emergency purchase for extended water line along I--35W in the amount of $2,240.70. Bill Utter Ford for purchase of parts for the month of September (this applies to Garage Dept. purchases only) in the amount of $1,063.75. Motion carried. 9. Motion was made by Ra~Ley, seconded by Kibler that the Tax Adjust~nent Report for S~ptember, 1972 in the amount of $2,477.74 be approved. Motion carried. 10. Following a briefi~ by the Director of Utilities, motion was made by Jester, seconded by Schneider that a Quit Claim Deed releasing an easement to Henry Thompson, Allie I. Miller and William M. McRae be approved. Motion carried. 11. The following Resolution was presented: AT A REGULAR M~ETING OF TH~ CItY COUNCIL OF TH~ CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF OCTOBER, A. D. 1972. RESOLUTION WHEREAS, it has been heretofore recommended that Aubrey Reservoir be completed and full by 1980, due to the fact of urgent need based upon hydrological studies of the watershed yields and the Master Plan of the water distribution and production systems which indicate that the safe drouth yield of Garza-Little Elm Reservoir will be completely utilized before 1975, and WHEREAS, the Congress of the United States has authorized the Corps of Engineers to make advance studies of the AubreyMulti~Purpose Lake for water supply, water quality control, recreation, and fish and wildlife, and WHEREAS, The Texas Water Rights Commission by Board Order dated June 4, 1969 designated the City of Dallas, Texas, and the City of Denton, Texas as cooperating local sponsors, and WHEREAS, a public hearing will be held by the Corps of Engineers on October 27, 1972, at Denton, Texas, at which time interested parties are invited and urged to express their views and to fur~ish specific data on matters pertinent to the project including technical, economic, and ecological and environmental material, and WHEREAS, the health and well~being of the citizens of Denton are dependent on the furnishing of adequate supplies of water, and WHEREAS, North Central Texas is a water short area and in order to provide adequate supplies of water for the City of Denton and it is necessary to fully develop the water production capability of the Elm Fork of the Trinity River and to recognize that at some future date, reuse of water and importation of water from other stream basins will be necessary, and October 24, 1972 Continued W~REAS, Aubrey Reservoir is important to Denton as the most readily available source of future water supply. Denton's share of the yield from Garza- Little Elm Reservoir is enough to satisfy about 2/3 of the requirements of the City's 40,000 residents. The balance is being obtained temporarily by purchasing part of Dallas' share of the Garza-Little Elm yield. After about 1980, Dallas will need all of its portion of the Garza~Little Elm yield. Aubrey Reservoir is the only reasonable prospect for the necessary additional supply for Denton. NOW, THEREFORE, BE IT RESOLVED BY T~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton reaffirms the paramountcy of development of the maximum water use potential of Elm Fork Trinity River by the construction of additional impoundment capability. SECTION II. That Bill Neu, Mayor of the City of Denton be and hereby is authorized and directed to express the objective of the City of Denton to further develop the water supply capability of Elm Fork Trinity River. SECTION III. That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, Texas, and it is accordingly so resolved. PASSED AND APPROVED this the 24th day of October, A.D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAl, FORM /s/ W. RALPH Y~, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Schneider, seconded by Jester that the Resolution be passed. On roll call vote Schneider voted "aye", Kib]er voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 12. The Council considered a revision in the water contract with the City of Dallas. Motion was made by Ramey, seconded by Kibler that the contract be approved subject to approval by the City of Dallas, as recon~ended by the Denton Utilities Board. Motion carried. 13. Motion was made by Schneider, seconded by Ramey that a water contract between Corinth and Hickory Creek be approved subject to ratification by the City of Dallas, Motion carried. 14. Motion was made by Schneider, seconded by Kibler that final payment of $3,610 to Chicago Heater on the Power Plant Expansion project be authorized. Motion carried. ~e~ed at 10:17 p.m. ~ ~ MAYOR CITY SECRETARY Municipal Building November 7, 1972 Regular meeting of the City Council, City of Denton, Texas, ~uesday, November 7, 1972, at 5:00 p.m., in the Council Chambers of the ~nicipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilman Kibler, Schneider a~d Jester; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of October 24, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7929 Sale of Wrecked Car Motion was made by Ramey, seconded by Kibler that the bid be awarded to John B. Shelton for unit #62 at a high bid of $610.00. Motion carried. (B) #72-7919 Elevating Platform Fire Truck Following a briefing by the City Manager and the Fire Chief, motion was made by Jester, seconded by Schneider that the bid be awarded to American LaFrance at a low bid meeting specifications at a net total delivered in Denton of $79,748. Motion carried. 3. FOR REFERRAL: Motion was made by Jester, seconded by Schneider that the following petitions be referred to the Planning a~d Zoning Co~mission for its recommendations: (A) Z-1181, the petition of Mr. Sennett Kirk III requesting that the zoning classification in the $~0 block of Dallas Drive be changed from the Single Family (SF-7) classification to the Commercial (C) classification . This property is located oa the northeast corner of the intersection of Dallas Drive and Simmons Street. Cook Street borders on the east side. Recorded as City Block No. 231, Lot Nos. 25 and 26. (B) S-59, the petition of Mrs. Mary C. Gay requesting that a Specific Use Permit be granted for the operation of a restaurant with drive-in service at 901 Avenue B. This property is located on the southeast corner of Avenue B and Eagle Drive. Recorded as City Block No. 373-A, Lot No. 10. The dimen§ions are approximately 76' x 166'. Motion carried. 4. The following Ordina~ces were presented: (A) ORDINANCE NO. 72-52 (Edward Raposa) AN ORDINANCE A~4ENDING THE Z(~ING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO T~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS ~ID MAP APPLIES TO LOTS 2 AND 3, BLOCK 417, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Schneider, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) OP~DINANCE NO. 72-53 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SA[.F~S OF NATURAL GAS TO RESIDENTIAL AND COF~ERCIAL CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED, AND DECLARING AN~ EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed, which all~_ws Lo~. Sta~ Gas a 5.66% increase. On roll call vote Jester voted "aye", Sc~ter~d~ye'', Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. November 7, 1972 Continued 5. Motion was made by Jester, seconded by Schneider that the Tax Adjustment Report for October, 1972 in the amount of $1,668.85 be approved. Motion carried. 6. Motion was made by Kibler, seconded by Ramey that a Maintenance Agreement with Hersey Products, Inc. for maintenance and testing of compound water meters be approved. Motion carried. 7. The City Manager briefed the Council and a slide presentation was given by the Assistant City Manager showing street problems that now exist in the corporate limits of Denton, and expressing the need for amending street base specifications. Motion was made by Schneider, seconded by Ramey to approve the amending of base specifications for street construction in new subdivisions. Motion carried. Meeting adjourned at 6:08 p.m. ~ SECRETARY Municipal Building November 21, 1972 Regular meeting of the City Council, City of Denton, Texas, November 21, 1972 at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Jester, Kibler and Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of November 7, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7911 Warehouse Electrical Supplies Motion was made by Schneider, seconded by Jester that the bid be awarded as follows: Item 1 to Westinghouse Electric Supply, Fort Worth Item 2 to Graybar Electric Items 3,4, & 5 to Westinghouse, Fort Worth Items 6 & 7 to Cummins Supply Motion carried. (B) #72-7920 Transformers Motion was made by Ramey, seconded by Schneider that the bid be awarded to the best bidders as follows: Items 1 & 6 to Westinghouse Items 2,3,4,S,7,TA,8,8A,9,10A,10B,12A,12B,14,15,16,17,18,19,20 to C~mnins Items 9A,13,23,26,27,28,29,30,31,32 to RTE Items 10,11,1iA,liB,12,21 to San Angelo Electric Service Items 22,24,25,33,34,35,36 to Graybar on Draw Bid Nov~nber 21, 1972 Continued Alternate suppliers are as follows: Items 1,6,gA,10,11,11A,11B,12,13,22,31 to Cummins Supply Items 2,21 & 26 to Westinghouse Items 3 & 7 to San Angelo Electric Service Items 4,5,9,23,28,30 &32 to Temple on Draw Bid Items 7A,8,SA,10A,10B,12A,12B,14,15,16,17,18,19,20,24,25,33,34,35 & 36 to RTE Items 27 & 29 to McGraw Edison Motion carried. 3. FOR REFERRAL: (A) Motion was made by Jester, seconded by Schneider that S-60, the petition of Mr. Jesse Coffey, requesting that he be granted a Specific Use Permit for the operation of a private swim or tennis club in the 500 block of Cardinal Drive be referred to the Planning and Zoning Co~nission for its recommendation. (The property is approxi~?t~ly 17 acres located northwest of the intersection of Cardinal and Oriole Lane. ~Eoma-Del ReyApartments exist to the east of this tract, and Singing Oaks Subdivision to the South. Recorded as City Block No. 187-B, Lot Nos. 3.1 and 5.1.) Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1169, the petition of Mr. L. A. Nelson requesting that approximately 145 acres in the 3800 block of 1-35E be changed from the Agricultural (^) classification to the Planned Development (PD) classification and that approximately 133 acres of this total land be annexed to the City of Denton. This property is located at the southeast corner of the intersection of 1-35E and State School Road. A mobile home park is situated between the property frontage leaving approximately 2300 feet of property fronting 1-35E. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Kibler that the petition be granted and to instruct the City Attorney to prepare the appropriate ordinance with the following conditions: (1) A drainage easement shall be provided along that portion of the creek within the property boundaries of Oak Ridge Development. A reasonable size for this easement will be determined by the Community Development Department. (2) The parking requirements shall be two parking stalls per individual unit. Ail parking shall be provided with the requirements of Article 15 of the Zoning Ordinance as applied to the Multi-family (MF-1) and the General Retail (GR) classification. (3) The land shall be properly elevated and landscaped for drainage control to secure the development against possible flooding. Underground drainage pipes should also be provided to carry drainage water. (4) A site plan showing the serviceable utility systems for water, sewer, gas and/or electricity shall be provided by the developer on all of the property before any separate or distinct part of the development is permitted for final site plan approval. The plans will be submitted to the Community Development Dept. (5) The final plm~s shall include complete engineering design of the site development, said design to include all potable water distribution and service, all sanitary sewer collection and all drainage structures and facilities. City subdivision rules and regulations s]mll be used as a guide to accomplish a comprehensive design. All engineering design shall be approved by a Registered Professional Engineer and copies of all design calculation shall be submitted upon request of the City. November 21, 1972 Continued (6) A 50' setback shall be required on this property along 1-35. (7) A 25' setback shall be required along State School Road and all interior streets within this development. (8) Accessible park spaces, both active and inactive, shall be provided in conjunction with the existing green belt shown on the general plan. An acceptable type of park plan will be determined during the final site plan review. (9) It shall be the responsibility of the owner-developer to accurately establish the Denton extraterritorial limit line as set forth in the "Extraterritorial Agreement Dated July 13, 1971" between the City of Denton and the Town of Corinth. ~is line shall he shown on all plats and maps presented in con~ection with this development. (10) Ail signs leading into the City along this property will be required to be submitted as a plan to the Planning and Zoning Commission and City Council for final approval. Article 17, concerning sign regulations, in the Zoning Ordinance will serve as a guide in regard to this requirement. (11) The Uniform Building Code and The Fire Zone Regulations shall be applied to all structures. (12) A total of 60% overall masonry shall be used in the construction of this development. (13) The general plan shall be added as an exhibit with all required conditions, and the term "Net" shall be applied to the density standard of units/acre. (14) A landscape buffer shall be applied to separate and transition- alize the proposed commercial from the proposed Garden Apartments along the line dividing the two uses in the general plan. A final site plan illustrating the buffer will be submitted to the Platting and Zoning Commission and City Council for final approval. Motion carried~ (B) 'A public hearing was held on Z-1175, the petition of Mr. Jack C. Irwin requesting that the zoning classification between the 3400-3800 block of West University be changed from the Agricultural (A) classification to the Plar~ned Development (PD) classification. This tract is approximately 49 acres located north of University Drive and is situated between the Santa Fe Railroad tracks on the east and Ranch Estates on the west. Recorded as City Block No. 4070-1, Tract Nos. 7 and 7C. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was m~de by Jester, seconded by Schneider that action be tabled until the next meeting on December 5, 1972. Motion carried. (C) A public hearing was held on Z-1178, the petition of Ms. Jane Sewell and Mr. Thomas Mobberley requesting that approximately 21 acres of an approximately 60 acre tract be ar~nexed and rezoned from the Agricultural (A) classification to the Single Family classification (SF~10). A portion (3 1/2 acres), of the existing Single Family property already in the corporate limits is bein~ appealed for rezdhing to R Multi-family (MF-1) zone. This property is further described as being located in the northeast section of the City just south of Kings Row and west of Old North Road. 'Recorded as City Block No. 191-G, Lot No. 5, for the existing 28 acres within the corporate limits of Denton. November 21, 1972 Continued After hearing 1 proponent and no opposition and a report from the City Planner of approval of a portion of the petition but denial of the petition for 3 1/2 acres requesting rezoning to MF-1 near the City Sub Station by the Planning and Zoning Commission, motion was made by Ramey, seconded by Kibler to approve the petition to annex and change zoning from "A" to "SF-10" but to deny the request for change to MF~I as recommended by Planning and Zoning Commission. Motion carried. (D) A public hearing was held on S-58, the petition of Mr. Norman Pd~odes requesting that he be granted a Specific Use Permit for the operation of a private club at 1615 Highland. The property and building proposed for the club are located in the southeast corner of the Highland and Avenue C intersection. Recorded as City Block No. 380. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Schneider that the Specific Use Permit be approved with conditions. At this point, Councilman Jester advised the Mayor that he was abstaining. The motion died for lack of a second. 5. The Council considered the petition of E. L. Wilson, Z-1168, requesting that the zoning classification of 2428 E. University Drive be changed from the Single Family (SF-7) classification to the General Retail (GR) classification. This property is located in the southwest corner of the intersection of E. University Drive and Mockingbird Lane. Recorded as City BIZ No. 176-V, Lot No. 7 (This petition was tabled following a public hearing at the meeting of October 10, 1972). Motion was made by Schneider, seconded by Jester that the petition be approved. Motion carried. 6. The Council considered the request of Lone Star Gas Company, regarding special services charges by Lone Star Gas. Motion was made by Jester, seconded by Ramey to approve the special services charges submitted by' Lone Star Gas Company. Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 72-54 AN ORDINANCE AMENDING THE CHAPTER 24; ARTICLE V, SECTION 24-150 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, EST~BLISHING THZ PAYM~ OF FIN~S ON DATE OF VIOLATION IN REGARDS TO PARKING M~TER VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 8. The following Resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF NOVEMBER AD 1972. RESOLUTION BE IT RESOLVED BY TH~ COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Bill Neu, Mayor of the City of Denton, Texas, is hereby authorized to sign and execute that certain License Agreement dated the llth day of October, 1972, by and between the City of Denton, and the Atchison, Topeka and Santa Fe Railway Co~pany regarding the extension of a sewer line, as provided and described in said License Agreement, which Agreement is incorporated herein in full; and that November 21, 1972 Continued The payment to said Railway Company in the amount of One Hundred Fifty ($150.00) Dollars for cost of said License for the installation of said sewer line described in said License Agreement is hereby authorized and approved. PASSED AND APPROVED this the 21st day of November, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Rameyvoted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ONTHE 21ST DAY OF NOVEMBER, A.D. 1972. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Bill Neu, Mayor of the City of Denton, Texas, is hereby authorized to sign and execute that certain License Agreement dated the 10th day of November, A. D. 1972, by and between the City of Denton, and the Missouri-Kansas-Texas Railroad Company regarding the extension of a water line, as provided and described in said License Agreement, which Agreement is incorporated herein in full; and that The payment to said Railroad Company in the amount of Fifty ($50.00) Dollars for cost of said License for the installation of the water line described in said License Agreement is hereby authorized and approved. PASSt~ AND APPROVED this the 21st day of November, A. D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: - /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APP~)VED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester~, seconded by Schneider that the Resolution be passed. On roll call vote Schneider voted "aye", Jester voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. November 21, 1972 Continued 9. Motion was made by Jester, seconded by Kibler that a voucher in the amount of $1,352.80 to Boring & Tunneling Company of America be approved for payment. Motion carried. Meeting adjourned at 7:45 p.m. Municipal Building December 5, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 5, 1972, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Kibler, Schneider and Jester; City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Kibler that the minutes of the regular meeting of November 21, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7922 Cooling Tower Water Treatment & Supervision Motion was made by Ramey, seconded by Kibler that the bid be awarded to UnitedChemicaI ~orporation at a low bid meeting specifications of $13,528.56. Motion carried. (B) #72-7932a Steel Cylinders for Hydrogen & Carbon Dioxide Motion was made by Kibler, seconded by Schneider that the bid be awarded to Harrisburg Steel as follows: Item 1--Eight carbon dioxide cylinders at $45.50 each Item 2--Twenty hydrogen cylinders at $51.60 each Motion carried. (C) #72-7932b Cars, Station Wagons & Pickups Motion was made by Rmney, seconded by Kibler that the bid be awarded as follows: Item IA; nine police cars to Bill Utter Ford at $3,710 each Item 2; six depar~nent cars to Bill Utter Ford at $3,420 each Item 3; two station wagons to Bill Utter Ford at $3,630 each Item 5; one 1/2 ton cab & chassis to Bill Utter Ford at $2,279 each Item 6; eight 1/2 ton pickups to Bill Utter Ford at $2,300 each Item 6A; five I/2t¢~n~pick~pS to'Bill Utter Format $2,91.S each(Dept. Supts.) Item ?; one 1/2 ton pickup to Bill Utter Ford for Fire Dept. at $2,9?5 December 5, 1972 Continued Items 8-16 and 18-20 and Items 22-24 and Item 34 be traded in to Bill. Utter Ford at the high bid prices as follows: Item 8 Unit 55 $ 850.00 Item 9 60 1 300.00 Item 10 63 1 300.00 Item 11 64 1 300.00 Item 12 65 1 300.00 Item 13 66 1 300.00 Item 14 67 1 300.00 Item 15 68 1 300.00 Item 16 6660 515.00 Item 18 5004 300.00 Item 19 3 400.00 Item 20 1110 550.00 Item 22 5213 575.00 Item 23 5216 350.00 Item 24 1670 650.00 Item 34 21 600.00 The following vehicles to be sold to the highest bidder for outright purchase as follows: To Wills Auto Sales for: Item 17 Unit 5002 $ 476.00 Item 21 2 720.00 To Fulton Supply Company for: Item 25 Unit 1130 $ 651.00 Item 26 1140 657.00 Item 27 1150 661.00 Item 28 1170 648.00 Item 29 1180 651.00 Item 30 2590 657.00 Item 31 2600 657.00 Item 32 1510 627.00 Item 33 7002 651.00 Motion carried. (D) #72-7934 Power Transformer & Three 0il Circuit Breakers Motion was made by Kibler, seconded by Ramey that the bid be awarded as follows: Item 1--Power Transformers to Federal Pacific as bid by Butler and Land of Dallas for the net total of $66,475.00 Item 2--Three Oil Circuit Breakers to I.T.E. Imperial Corporation for the net total of $33,437.00 Motion carried. (E) #72-7936 Plastic Refuse Bags Motion was made by Schneider, seconded by Jester that the bid be awarded to Adams Industries of Monroe, Louisiana, low bidder meeting specifications at $1.539 per roll for our needs for 6 months, and that the alternate bid by Adams Industries at $1.558 per roll in cartons be accepted. Motion carried. 3. Motion was made by Jester, seconded by Schneider that the following two petitions be referred to the Planning & Zoning Connnission for its recommendations: (A) Z-1182, the petition of Mr. Richard B. Smith requesting that the zoning classification at 2004, 2008 and 2014 N. Elm be changed from the Multi- family (MF-1) classification to the Office (0) classification. This property is located on the NE corner of New Henry and N. Elm Street. The area is approximately 1/2 acre and is recorded as City Block No. 413, Lot Nos. 24,25 & 26. Decomber 5, 1972 Continued (B) S-61, the petit.ion of Mr. Richard B. Smith requesting a Specific Use Permit for the operation of a restaurant without drive-in service at 2004, 2008 and 2014 N. Elm. Thins proporty is located on the NE corner of New Henry and N. Elm Street. The area is approximately 1/2 acre and is recorded as City Block No. 413, Lot Nos. 24, 25 & 26. Motion carried. 4. A public hearing was hold on the petition of Mary C. Gay, S-59, requesting that a Specific Use Permit be granted for the operation of a restaurant without drive-in service at 901 Avenue B. This property is located on the SE corner of Avenuo B and Eagle Drive. The dimensions are approximately 76' x 166'. Recorded as City Block No. 373-A, Lot No. 10. After hearing 2 proponents and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Schneider that the Specific Use Permit be approved with the following conditions: (1) A screening wall[, approximately six feet in height, shall be placed on the south and east sides of this property. (2) A drainage plan shall be provided to the Co~nunity Development Department to show proper run-off for the site development. (3) A 10' building setback shall exist on the south and east property lines. (4) Ail City regulations and codes shall remain applicable. (5) A final site plain shall be approved by the City Council. Motion carried. 5. The following Ordinances were presented: (A) ORDINANCE NO. 72-55 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY AMENDING AN EXISTING ARTICLE TO REGULATE THE REMOVAL AND REPLACEMENT OF CURBS AND GUTTERS AND BY PROVIDING A NEW ARTICLE Pd~2QUIRING A PERMIT FOR ANY STREET EXCAVATION OR ALTERATION; PROVIDING A PROCEDUPd~ FOR SAME; REQUIRINg., A BOND; ESTABLISHING THE METHOD AND SPECIFICATIONS FOR SUCH REPAIRS; ESTABLISHING MISCELLANEOUS PROVISIONS; PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" a~d Neu voted "aye". Motion carried. (B) ORDINANCE NO. 72-56 (Philtip M. Proctor) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 35.267 ACRES LYING AND BEING SITUATFJ) IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE J. W. CHEEK SURVEY, ABSTPJkCT NO. 324 EAST OF LOOP 288, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "SF-7" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Schneider, seconded by Ramey that the Ordinance be passed. On roll call vote Jester voted "aye", Schneider voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 72-57 (E. L. Wilson) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 7, BLOCK 176-V, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Scimeider voted "ayo", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. December 5, 1972 Continued 6. The Council discussed at length the status of the proposed Post Office Building for Denton and the postponement of action by the Federal Government and the possibility of setting rental rates on the old Post Office Building which was involved in the purchase of land by the Federal Government from the City. Councilman Schneider stated that the citizens of Denton have been more than patient and that some action should be taken by the proper department of the Federal Government to carry out their end of the bargain. Mayor Pro Tem Ramey added that he would work in anyway possible to obtain the Post Office, and that he felt strongly that Denton has had the run around. Ail were in agreement that the City should get some return from their investment, and that no action by the Federal Government has been continuing for an excessive length of time. Following a briefing by the City Manager and the City Attorney, motion was made by Schneider, seconded by Jester to instruct the City Attorney to prepare an appropriate resolution to be considered at a special meeting on December 12, 1972. Motion carried. 7. The Council/considered the petition of Jack C. Irwin (Tabled at a public hearing on ~, 1972). Motion was made by Schneider, seconded by Ramey that the petition be approved with the following conditions: (a) The parking requirements shall be t~o parking stalls per individual unit. Ail parking shall be provided in accordance with the requirements of Article 15 of the Zoning Ordinance as applied to the Multi-family (MF-1) classification. (b) The land shall be properly elevated and landscaped for drainage control to s~¢ura th~ development against possible flooding. Underground'~ina~e pipes should also be provided to carry drainage water. A site plan for drainage control on all of the property should be submitted to the Community Development Department before any part of the land is submitted for final site plan review (c) A 50' setback shall be required on this property along Hwy 380. (di A 25' setback'shall be required along any interior street within this development. (e) A site plan showing the serviceable utility systems for water, sewer, gas and/or electricity shall be provided by the developer on all of the property before any separate or distinct part of the develol~ment is permitted for final site plan approval (f) The final plans shall include complete engineering design of the site development, said design to include all potable water distribution and service, all sanitary sewer collection and all drainage structures and facilities. City Subdivision Rules and Regulations shall be used as a guide to accomplish a compre- hensive design. All engineering design shall be approved by a registered professional engineer and copies of all design calculation shall be submitted upon request of the City. (g) A complete site plan shall be required on the total land area. This plan will be submitted to the Planning and Zoning Commission and City Council for approval before any part can be submitted for final approval. The purpose is to control the number of units which can be built on the southeast section of the property as compared to the lesser number ofunits which can be built on the northwest section of this property. (h) The Planning and Zoning Commission reserves the right to review the type of construction and materials for this development. Motion carried. December 5, 1972 Continued 8. Following a briefing by the Gity Manager and the Director of Utilities relative to curtailment by Lone Star Gas Company of natural gas for the Municipal Power Plant, motion was made by Schneider, seconded by Jester to authorize the City Manager to purchase, without bids, emergency fuel oil for Electric Power Plant operation. Motion carried. 9. Motion was made by Ramey, seconded by Schneider that a voucher in the amount of $1,556.51 to Denton County Tractor be approved for payment. Motion carried. 10. Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Ramey to approve issuance of a purchase order to General Electric at a cost of $28,465 to replace equipment damaged at the Steam Plant on October 29, 1972. Motion carried. 11. Motion was made by Ramey, seconded by Kibler that statements from Freese, Nichols and Endress be approved as follows: consultation for the determination of Water and Sewer rates in 'the amount of $1,029.98 and for engineering services for the Water Treatment Plant Expansion project in the amount of $69,527.65. Motion carried. 12. Motion was made by Schneider, seconded by Jester to approve Change Order #1 to General Electric C~pany for isolated phase bus duct for Unit #5 of the Steam Plant in the increased amount of $2,560. Motion carried. 13. Motion was made by Ramey, seconded by Kibler to authorize the City Manager to proceed with the necessary action to issue Certificates of Obligation for the purchase of land for the proposed North Lakes. Motion carried. Meeting adjourned at 7:05 p.m. Municipal Building December 12, 1972 Special meeting of the City COL~mil, City of Denton, Texas, and the Denton Housing Authority, Tuesday, December 12~, 1972, at 11:30 a.m. in the Conference Room of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Jester, Schneider and Kibler; City Manager, City Attorney, City Secretary and Neil Haman, representing the Denton Housing Authority. 1. The following Resolutions were presented: (A) RESOLUTION AP~OVING AMENDMENT TO COOPERATION AGREE~NTWITH THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS, AND THE CITY OF DENTON, TEXAS. BE IT RESOLVED BY THE HOUSING A[~HORITY OF THE CITY OF DENTON, TEXAS, AS FOLLOWS: ~1) The Amendment attached hereto and made a part hereof for all purposes, said amendment being to the Cooperation Agreement between the City of Denton, Texas and the Housing Authority of the City of Denton, Texas is hereby approved. December 12, 1972 Continued (2) Pursuant thereto, the Chairman of said Housing Authority is hereby authorized and directed to execute said Amendment to the Cooperation Agreement in the name of said Housing Authority, and the Executive Director is hereby directed to seal and attest said Amendment to Cooperation Agreement with the Seal of the Housing Authority of the City of Denton, Texas. (3) This Resolution shall become effective immediately. PASSED AND APPROVED this the 6th day of December, A. D. 1972. HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS BY: /s/ BRUCE DAVIS, CHAIRMAN ATTESt: /s/ NElL HAMAN, EXECUTIVE DIRECTOR HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS .APPROVED AS TO LEGAl. FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS AMENDMENT TO COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS ~RE~S, on the 8th day of July, 1970, the City of Denton, Texas (herein called the 'Nunicipality") and the "Housing Authority of the City of Denton, Texas (herein called the "Local Authority") entered into a Cooperation Agreement (herein called the '~greement") whereby the Local Authority agreed to undertake the development of certain tow-rent housing units and the Municipality agreed to assist and cooperate with the Local Authority in such development; and ~RE~S, the Agreement provided that its terms should apply only to low-rent housing projects comprising approximately 250 units of low-rent housing for the elderly, disabled mhd handicapped; and I~HERE~S, the Local Authority proposes to develop additional units of low-rent housing; and WHEREIS, the Municipality and the Local Authority are desirous of amending the Agreement to include such additional units. NOW, THEREFORE, in consideration of the premises it is agreed that the Agreement is hereby amended as follows: (1) The term "Public Housing Administration ('PHA') as used in the Agreement ~hall mean the "United States of America ('Government')." (2) Section 2 of the Agreement is modified to read as follows: "The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more projects cm~prising approximately 400units of low-rent housing, and (b) to develop and administer such project or projects each of which shall be located within the corporate limits of the b~nnicipality. The obligations of the parties hereto shall apply to each such project." December 12, 1972 Continued IN WITNESS WHEREOF the Municipality and the Local Authority have respectively caused this Amendment to be duly executed as of the 12th day of December, A.D. 1972. CITY OF DENTON, TEXAS BY: /si BILL NBU, MAYOR ATTEST: ?s/ BROOKS HOLT, CITY SECRETARY HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BY: /si /s/ BRUCE DAVIS, CHAIRMAN W. RALPH MANN, CITY ATTORNEY Motion was made by Ramey, seconded by Kibler that the Resolution be passed. On roll call vote Schneider voted "aye", Jester voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF DECEMBER, A.D. 1972. RESOLUTION APPROVING AMENDMENT TO COOPERATION AGREE~BNT WITH THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS, AND THE CITY OF DENTON, TEXAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AS FOLLOWS: (1) The Amendment attached hereto and made a part hereof for all purposes, said Amendment being to the Cooperation Agreement between the City of Denton, Texas and the Housing Authority of the City of Denton, Texas is hereby approved. (2) Pursuant thereto the Mayor is hereby authorized and directed to execute said Amendment to the Cooperation Agreement in the name of said City, and the City Secretary is hereby directed to seal and attest said Amendment to CooperatiOn Agreement with the Seal of the City of Denton, Texas. (3) This Resolution shall become effective immediately. PASSED AND APPROVED this the 12th day of December, A.D. 1972. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY-' CITY OF DENTON, TEXAS December 12, 1972 Continued AMENDMENT TO COOPERATION AGREt~V~ BETWEEN T~ CITY OF DENTON, TEXAS, AND THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS ~RK&S, on the 8th day of July, 1970, the City of Denton, Texas (herein called the '%~nicipality") and the Housing Authorityof the City of Denton, Texas (Herein called the "Local Authority") entered into a Cooperation Agreement (herein called the '~greement") whereby the Local Authority agreed to undertake the development of certain low-rent housing units and the Municipality agreed to assist and cooperate with the Local Authority in such development; and ~REiS, the Agreement provided that its terms should apply only to low-rent housing projects comprising approximately 250 units of low-rent housing for the elderly, disabled and handicapped; and ~R~tS, the Local Authority proposes to develop additional units of low-rent housing; and ~RF~S, the Municipality and the Local Authority are desirous of amending the Agre~nent to include such additional units. NOW, TF!EREFORE, in consideration of the premises it is agreed that the Agreement is hereby amended as follows: (1) The term "Public Housing Administration ('PHA') as used in the Agreement shall mean the '~nited States of America ('Government')." (2) Section 2 of the Agreement is modified to read as follows: "The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more projects comprising approximately 400 units of low-rent housing, and (b) to develop and administer such project or projects each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such project." IN WI~]~ESS WHEREOF the Municipality and the Local Authority have respectively caused this Amendment to be duly executed as of the 12th day of December, A.D. 1972. CITY OF DENTON, TEXAS BY: /s/ BILL NEU, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY HOUSING AUTHORITY OF TH~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ /s/ BRUCE DAVIS, CHAIRMAN W. RALPH MANN, CITY ATTORNBY Motion was made by Schneider, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF DECEMBER, A. D. 1972. RESOLUTION ~HEREAS, the present existing post office facility was constructed circa 1922 to serve a population of 7,600 citizens and had 18 employees; and December 13, 1972 Continued WHEREAS, the exact facility now serves in excess of 40,000 patrons and has a roster in excess of 108 employees, with little or no structural additions being made thereto; and WHEREAS, in 1950 said facility was deemed inadequate and obsolete by U. S. Government survey teams; and 1~SEP~EAS, through great effort ~nd cost to the citizens of Denton, plans were made and land was purchased to provide a site for a new postal facilities for its citizens; and WHEREAS, on June 12, 1967, a contract of sale was executed by the General Services Administration (CSA), of the United States of America and the City of Denton, Texas, obligating the City to prepare approximately 90,000 square feet of Civic Center land for sale to GSA not later than September 30, 1967, and further providing for the cash consideration of $170,000 and the conveyance by the government to the City of real property described as all of Block 17, Original Town of the City of Denton, Texas, or more familiarly recognized to be the exist- ing post office facility, appraised at that date to be worth $93,000; and WHEREAS, on March 30, 1970, the sale was closed between said parties with the cash consideration of $170,000 'being tendered to the City, the real property to be conveyed upon completion of a planned and funded post office facility for which construction was thought to be imminent; and WHEREAS, to date, no effort seemingly has been made by any agency of the Federal Government to initiate construction of such new pest office facility and Feder office building, despite repeated assurances by various governmental officials that such proposed construction has been cleared for completion; and WHEREAS, it is the position of this Council that the Federal Government's lack of diligence to proceed in this matter, in utter disregard of the existing obvious need, despite the presence of available funding and contrary to their expressed legal co~ittment is tantamount to bad faith on their part, necessitating the City's in~plementation of whatever legal resources might be available to it to protect its vested interest pursuant to law in behalf of its citizenry; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, That the City Attorney be authorized fully to take whatever action is legally necessary to implement the conveyance of the existing postal facility by the Federal Government to said City and/or to initiate to said City reasonable compensation for its continued use, which amount is deemed to be $1,500.00 per month, effective January 15, 1973. PASSED AND APPROVED this the 12th day of December, A. D. 1972. /s/ BILL NEU, MAYOR /s/ HAROLD RA~EY, MAYOR PRO-T~M /s/ ~ORRIS KIBLF. R, COUNCILV~N /si TOM JESTER, COUNCILMAN /si GF. ORGF~ SCHNEIDER, COUNCILMAN ATTEST: /si BROOKS HOLT, CItY S~CRETARY APPROVED AS TO L~GAL FORM: W. RALPH MANN, CITY ATTORNEY December 12, 1972 Continued Motion was made by Ramey, seconded by Kibler that the Resolution be passed, inserting the amount of $1,500 per month for rental of the present Post Office Building. On roll call vote Schneider voted "aye", Kibler voted "aye", .Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 12:30 p.m. Municipal Building December 19, 1972 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 19, 1972, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Kibler and Jester; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Jester that the minutes of the regular meeting of December S, 1972, and the special meeting of December 12, 1972 be approved. Motion carried. 2. BIDS: (A) #72-7938 Fire Hose Motion was made by Ramey, seconded by Kibler that the bid be awarded to Fabric Fire Hose Company (W. H. Lunrpkins), low bidder meeting specifications, at a net price of $1.8424 per foot with the purchase of 1500 foot with couplings for a total of $2,763.60 FOB Denton, as recon~nended by the City Manager. Motion carried. (B) #72-7942 Enclosed Cab For Tractor Motion was made by Kibler, seconded by Schneider that the bid be awarded to Shaw Equipment Company at a bid of $1,800, as recon~ended by the City Manager. Motion carried. (C) #72-7945 175W Mercury Vapor Lights The City Manager recommended that bid #72-7945 for Mercury Vapor Street Lights not be considered at this time. The council concurred. (D) #?2-7947 Radar-Speed Gun Motion was made by Schneider, seconded by Jester that the bid be awarded to George F~. Cak~Co~pany, low bidder meeting specifications, at a bid of $975.00 with full warranty of ninety days and two years on parts. Motion carried. 3. ORDINANCES: Following a briefing by Frank Medanich of First Southwest Company, City Financial Advisors, the following Ordinance was presented: ORDINANCE NO. 72-58 ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. December 19, 1972 Continued 4. FOR REFERRAL: Motion was made by Jester, seconded by Schneider that the following three petitions be referred to the Planning and Zoning Con~nission for its recommendations: (A) Z-1184, the petition of Dr. D. R. Dyal requesting that the zoning classification at 2024 Denison be changed from the Single Family (SF-7) to the Office (0) classificatio~.~ ~T~s property is located on the northeast corner of the intersection of New Henr? and Denison Street. Recorded as Block No. 441, Lot No. 10. The dimensions are approximately 100' x 150'. (B) Z-1185, the petition of Mr. Antone P. Raposa requesting that the zoning classification in the 2300-2400 block of Mingo-Fishtrap Road be changed from the Single Family (SF-7) classification to the Planned Development (PD) classification. This property is located on the north side of Mingo-Fishtrap Road. The Village East Apartments are to the east. Recorded as City Block No. 176-V, Lot No. 9. The property area is approximately ten (10) acres. (C) S-63, the petition of Mrs. Mary C. Gay requesting that a Specific Use Permit be granted for the operation of a restaurant without drive-in service at 901 and 907 Avenue B. This property is further described as being located on the southeast corner of Avenue B and Eagle Drive. The dimensions are approximately 166' x 153'. Recorded as City Block No. 373-A, Lot Nos. 9 and 10. Motion carried. 5. PUBLIC HEARINGS: A public hearing was held on Z-1180, the appeal of Ms. Olive Honeycutt requesting that the zoning classification in the 2100 block of Sherman Drive be changed from the Single Family (SF-10) classification to the General Retail (GR) classification. (This property is located in the northeast corner of Kings Row and Sherman Drive. The area of the five lots is approximately one and one-half acres. Recorded as City Block No. 195, Lot Nos. 1, 2, 3, 4, and 5.) After hearing 1 proponent and 11 speaking in opposition and a report of denial by the Planning and Zoning Commission, motion was made by Kibler, seconded by Ramey that the appeal of Ms. Honeycutt be tabled for further study. The motion failed, with Jester abstaining. Motion was then made by Schneider, seconded by Ramey that the appeal be denied. Motion carried, with Jester abstaining. 6. Motion was made by R~ney, seconded by Kibler to instruct the Municipal Staff to publish the annexation ordinance to annex 21 acres in the northeast section of the City, just south of Kings Row and west of Old North Road. Motion carried. 7. Motion was made by Sclmeider, seconded by Jester to appoint H. R. Pemberton and Bill Utter to the Metropolitan Highway Committee for 1973. Motion carried. 8. Motion was made by Jester, seconded by Schneider that the TmxAdjustment Report for the month of Nov~nber, 1972 in the amount of $1,181.98 be approved. Motion carried. Meeting adjourned at 6:20 p.m. Municipal Building January 2, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 2, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Kibler, Jester and Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Ramey that the minutes of the regular meeting of December 19, 1972 be approved. M~tion carried. 2. FOR REFERRAL: Motion was made by Ramey, seconded by Schneider that the following three petitions be referred to the Planning and Zoning Comission for its recomendations: (A) Z-1186, the petition of Mr. George Hopkins requesting that the zoning classification at 2517 Spencer Road be changed from the Agricultural to the Commercial classification. This property is further described as being a tract of land, approximately 20 acres, located in the northwest corner of Spencer Road and Loop 288. The City tax records designate this property as City Block No. 276-D, Lot Nos. 7 and 7.3. (B) S-64, the petition of Mr. George Hopkins requesting that a Specific Use Permit be granted for the operation of a private utility shop or storage yard in a Commercial district at 2517 Spencer Road. This property is further described as being a tract of land, approximately 20 acres, located in the northwest corner of Spencer Road and Loop 288. The City tax records designate this property as City Block No. 276-D, Lot Nos. 7 and 7.3. (C) Zgl~_.~87, ~pe~ of Mr. Kel'ly Brooks requesting that the zoning classifi¢~[%~n ~~k of Loop ~88 be changed from the Agricul- tural (A) to th~"~r~l Re~i~t~[7~lassification. This property is further described as being located at the intersection of Loop 288 and Spencer Road in the southeast corner. The City Tax records designate this property as City Block No. 276-E, Lot No. 6. The area of this property represents approximately one m~d one half acres. Motion carried. 3. PUBLIC HEARING: A public hearing was held on S-60, the petition of Mr. Jesse Coffey requesting that he be granted a Specific Use Permit for the operation of a private swim or tennis club in the 500 block of Cardinal Drive. The property is further described as being a tract of land, approximately 17 acres, northwest of the intersection of Cardinal and Oriole Lane. Loma Del ReyApartments exist to the east and Singing Oaks Subdivision exists to the south of this property. The City Tax records designate this property as City Block No. 187-B, Lot Nos. 3.1 and 5.1. After hearing 1 proponent, 2 speaking in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Jester that the Specific Use Permit be granted and the final site plan be presented to the Council for approval with the following conditions as recommended by the Planning and Zoning Commission: (A) Recreational facilities shall be separated a distance of 150' from any single family dwelling. (B) A site plan, showing the recreatirmal use of land, shall be submitted to the Planning and Zoning Commission for final approval. (C) The issuance of this permit shall not be construed as the issuance of a permit which allows the sale, service and consumption of alcoholic beverages on the premises. January 2, 1973 Continued (D) If this property is not developed for the specified use within three years, the permit will be revoked. (E) Operating hours will be from 7:00 a.m. until 11:00 p.m. for all outdoor recreation. Motion carried 4 to 1. 4. Following a briefing by the Director of Utilities, motion was made by Ramey, seconded by Kibler to approve the purchase of a 13.8 KV BUS, a single source item, for the Steam Plant from General Electric at a cost of $4,857.40. Motion carried. 5. Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Jester to approve Change Order #1 to the contract with A. E. Mitchell Construction Company for the Water Treatment Plant Expansion in the increased amount of $9,029.99, making the new price of the contract $1,154,062.99 Motion carried. 6. Motion was made by Kibler, seconded by Sctmeider to approve final payment to Elm Fork Construction Company in the amount of $2,000 for the industrial water line to the Power Plant, making the total contract amount $405,562.74. Motion carried. 7. Motion was made by Jester, seconded by Ramey to authorize publication in the official newspaper a thirty day annexation notice for 2 tracts of land previously approved for zoning and annexation. The land consists of 21 acres in the D. D. Culp survey, Abstract #287 and being the petition of Jane H. Sewell and Thomas W. Mobberley. Motion carried. Meeting adjourned at 5:45 p.m. Municipal Building January 16, 1975 Regular meeting of the City Cotmcil, City of Denton, Texas, Tuesday, January 16, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESF2~T: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Jester and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Ramey that the minutes of the regular meeting of January 2, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7955 G~p and Liability Insurance Following a briefing by the City Manager, motion was made by Ramey, seconded by Kibler that the bid be awarded for Workman's Compensation and Liability Insurance to Gulf Insurance Company of Dallas for one year, as recommen- ded by the City Manager. Motion carried. 3. The Mayor presented a plaque to C. L. McLeod, who retired after 30 years of service with the Electric Production Department. A gift from his co-workers was also presented by the Mayor. January 16, 1973 Continued 4. A public hearing was held on Z-1185, the petition of Mr. Antone P. Raposa requesting that the zoning classification in the 2300--2400 block of Mingo- Fishtrap Road be changed from the Single Family (SF-7) to the Planned Develop- ment (PD) calasification. This property is further described as being located on the north side of Mingo-Fishtrap Road. The Village East Apartments are located to the east of this property. Recorded as City Block No. 176-V, Lot No. 9. ~]~e area represents approximately ten (10) acres. After hearing 1 proponent, no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the petition be approved. Motion carried. S. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF JANUARY, A. D. 1973. RESOLUT I ON WHEREAS a proposed Constitutional Amendment to Article VIII, Section 1-b of the Texas Constitution was submitted to the qualified electors of the State providing that from and after January 1, 1973, political subdivisions of the State may exempt from ad valorem taxes, Three Thousand ($3,000.00) Dollars of the assessed taxable value of resident homesteads of persons sixty-five (65) years of age or older; and I~RF~\S, on November 7, 1972, the required Constitutional Amendment was submitted to a vote of the qualified electors of the State and was duly adopted; and WHER~tS, the City Council of the City of Denton wishes to grant the benefits of said exemption pursuant to said Constitutional Amendment to its applicable residents; now, therefore, BE IT RESOLVED BY T~ CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That pursuant to Article VIII, Section 1-b of the Texas Constitution, Three Thousand ($3,000.00) Dollars of the assessed taxable value of resident homesteads of persons of sixty-five (65) years of age or older, shall be exempt from City Ad Valorem Taxes when taxes are levied for the year 1973, and all subsequent levies, subject to the owner's compliance with the following requirements: (a) Ail beneficial owners of the resident homestead shall be sixty-five (65) years of age or older as of January 1st of each tax year, beginning with 1973. (b) The owners of the resident homestead shall submit to the Tax Assessor/ Collector for the City, before April 1st of each year, an affidavit that all beneficial owners of the property in question are sixty-five (65) years of age or The initial exemption claim shall be accompanied by adequate proof of age, but subsequent renewals of the exemption may be by affidavit only. SECTION II. That any person who makes a false affidavit in claiming the homestead exemption, shall be subject to all penalties which exist for lack of payment of taxes, and all other appropriate criminal penalties. SECTION III. That this Resolution whall be effective retroactively to January 1, 1973, and it is accordingly so resolved. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS Janu~ry 16, 1973 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPJ~: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Schneider that the Resolution be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" amd Neu voted "aye". Motion carried. 6. Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider to authorize the staff to advertise for bids for Solid Waste Equipment. Motion carried. 7. Following a briefing by the City Manager, motion was made by Ramey, seconded by Kibler that charges be made to participants in the following S courses to be offered during the Spring 1973 Recreation Program: Adult drawing and painting: (A) Two (2) times a week for the 12 weeks-2 hours each (B) The charge would be $24.00, or $1.00 per class, or $.50 per hour Guitar: (A) Two (2) sessions of six weeks each one class a week-1 hour each (B) Charge: $12.00 Beginning Bridge: (A) One (1) meeting a week for 12 weeks-2 hours each (B) Charge $12.00 Photography (to be tau, ght by Leslie Marshall of Leslie's Camera Shop at his st~ore using his equipment) (A) One (1) meeting a week for 12 weeks (B) Charge: $25.00 Baton: (A) One (1) meeting a week for 12 weeks-1 hour each (B) Charge $6.00, or $.S0 per class Motion carried 8. Motion was made by Jester, seconded by Ramey that the Tax Adjustment Report for December, 1972 ~ the amount of $1,084.42 be approved. Motion carried. 9. Motion was made by Kibler, seconded by Ramey that the following 3 vouchers be approved for paymant: Bill Utter Ford P.O. #18183 $1,446.32 Bill Utter Ford P.O. #18414 $1,584.56 J. W. Bartholow Co. P.O. #18392 $1,447.67 Motion carried. 10. Motion was made by Kibler, seconded by Jester to authorize the .~ayor to execute a Pipe Line License with Santa Fe Railroad for a 12 inch water line at N~10S plus 4,725 feet. Motion carried. 11. Following a briefing by the Director of Utilities, motion was made by~ Jester, seconded by Ramey to authorize a purchase request to Fairbanks Morse to dismantle, inspect pumps, clean new barrel and plunger assembled and calibrated on test stand, at a cost of $10,000. Motion carried. Meeting adjourned at 7:10 p.m. ~ ~ '-"- MAYOR Municipal Building February 6, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 6, 1973, at 5:00 p.m. in the Council Chambers of the ~icipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Jester and Kibler; City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Ramey that the minutes of the regular meeting of January 16, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7956 Cement Lime and Road Materials Motion was made by Ramey, seconded by Kibler that the bid be awarded as follows, as recommended by the City Manager: (Note bid for small quantity and truck loads) Low Bid FOB Denton Low Bid FOB Denton ~Item Description Small Quantities Truck Loads 1 Portland Cement Moore, $1.90 sack Trinity, $1.555 sack 2 ~ason Cement Moore, 1.70 sack Trinity, 1.390 sack 3 Hydrated Lime Moore, 1.95 sack 4 Shurcrete Moore, 1.90 sack 5 Bulk Cement Texas Ind., $1.30 cwt 6 Bulk Hydrated Lime Round Rock,S18.70 ton 7 ~son Sand Moore, 4.50 cu. yd. 8 Pit Sand Texas Ind., 3.40 cu. yd. 9 1/2" Down Rock Brutex, 1.80 ton 10 3/8" Pea Gravel Gilford Hi11,2.40 ton ~11 Class 1 Crushed Stone Brutex, FOB their plant, 1.00 ton 12 Processed Road Gravel Boyd, FOB Denton, 2.00 yd. We Pick. Up FOB Their Plant FOB Denton 13 Liquid Asphalt MC-1 Wright Asph., .1650/gal Wright Asph., .1326/gal 14 Liquid Asphalt RC-2 Wright Asph., .1650/gal Wright Asph., .1326/gal 15 Liquid Asphalt 0A135 Wright Asph., .1550/gal Wright Asph., .1237/gal 16 Pene Prime No Bid 17 Asphalt Cataliphically Blown Wright Asph., .0750/lb 18 PB-2 PrecoatedAggregate Gifford Hill 4.20/ton 19 PB-4 Precoated Aggregate Gifford Hill 4.20/ton 20 PB-5 PrecoatedAggregate Gilford Hill 4.20/ton 21 PB-6 PrecoatedAggregate Gilford Hill 4.20 ton 22 Type DD Hot Mix Cold Lay Brutex, 4.45/ton Gilford Hill 5.10/ton 23 Type FFF Asphalt Concrete Gifford Hill 5.10/ton 24 Type D Hot Mix Lay Brutex, 4.45/ton Gifford Hill 5.30/ton 25 Type A Hot Mix Hot Lay Brutex, 4.45/ton Gifford Hill 5.30/ton Motion carried. 3. FOR REFERRAL Motion was made by Schneider, seconded by Jester t~at S-65, the petition of Mr. Joe Skiles, Jr., requesting that he be granted a Specific Use Permit for the operation of a licensed private club in a General Retail district in the 800 block of Interstate 35 be referred to the Planning and Zoning Commission for its recommendation. (This property is further described as being a tract of land~ approximately 3.5 acres located in Southridge Center. Approximately 290' of this property fronts Interstate 35. Recorded as City Block No. 2000-A, Lot No. 1) Motion carried. Feb~aary 6, 1973 Continued 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1142, the petition of Mobile Systems, Inc., now Town Builders, Inc., requesting annexation and rezoning of a tract of land between Mayhill Road and Loop 288, just south of E. McKinney. The majority of land requested for annexation is south of Pecan Creek, which crosses the property. After hearing 1 proponent and no opposition, and a report of approval by the Planning and Zoning Co~Lission, motion was made by Ramey, seconded by Schneider that the petition be approved and the City Attorney be instructed to prepare the necessary legal doc. uments. Motion carried. (B) A public hearing was held on Z-1187, the appeal of Mr. Kelly Brooks requesting that the zoning classification in the 1400 block of Loop 288 be changed from the Agricultural to the General Retail (GR) classification. This property is further described as being located at the intersection of Loop 288 and Spencer Road, in the southeast corner. Recorded as City Block No. 276-E, Lot No. 6. The area is approximately 1 1/2 acres. After hearing 1 proponent and no opposition and a report of disapproval by the Planning and Zoning Co~Lission, motion was made by Schneider, seconded by Kibler that the appeal be approved. Motion carried unanimously. (C) A public hearing was held on S-63, the petition of Mary C. Gay requesting that she be granted a Specific Use Permit for the operation of a restaurant without drive-in service at 901 and 907 Avenue B. This property is further described as being located on the southeast corner of Avenue B and Eagle Drive. Recorded as City Block No. 373-A, Lot Nos. 9 and 10. Approximate dimensions are 153' x 166' After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Comm. ission, motion was made by Kibler, seconded by Schneider that the Specific Use Permit be approved with the following conditions: (1) Specific Use Permit, S-59, pertaining to City Block No. 373-A, Lot No. 10 shall be void. (2) A screening wall, approximately six feet in height, shall be placed on the south and east sides of this property. (3) A drainage plan shall be provided to the Community Development Department to show proper run-off for the site development. (4) A 10' building setback shall exist on the south and east property lines. (5) A cinder block screening wall or similar material, approximately four feet in height shall be placed on the west property line of lot No. 9, Block No. 373-A. An 8' parkway should be provided between the screening wall and the back of curb of Avenue B. (6) Ingress and egress shall not be permitted onto Avenue B from the west side of Lot No. 9. (7) A site plan must be submitted to City Council before the Specific Use Permit is approved. Motion carried. 5. The Council considered the approval of final site plan of Don Johnson for Planned Development classification for property south of Highway 380 west of Village East Apartments with a public dedicated street running north and south along the west side of this site. Motion was made by Jester, seconded by Schneider that the final site plan be approved. Motion carried. February 6, 1973 Continued 6. The following Ordinances were presented: (A) ORDINANCE NO. 73-1 (Don Johnson) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO 23,940 SQU~uRE FEET OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Motion was then made by Jester, seconded by Schneider that a Quit Claim Deed divesting interest in a street no longer needed due to change in general plan on property between Mingo and State Highway 380, west of Village East Apartments be approved to Charles D. Adams. Motion carried. (B) ORDINANCE NO. 73-2 AN ORDIN~WCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 3RD DAY OF APRIL, A.D. 1973, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVIS,IONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP TH~ OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID' ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Schneider, seconded by Kibler that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 7.~ The Council considered the recommendation of the Planning and Zoning Commission for "no parking" from 8 a.m. to 4 p.m. in the 1200 block of Crescent. Following a briefing by the Traffic Engineer, motion was made by Kibler seconded by Ramey that parking be discontinued in the 1200 block of Crescent from 8 a.m. to 4 p.m. Motion 8. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF FEBRUARY, 197~. RESOLUTION Be it resolved by the Council of the City of Denton, that: The City of Denton, Texas, hereby expresses its intent to apply to the United States Department of Transportation jointly with North Texas State University for a technical grant to study the issues and needs stated in the preliminary need and scope study conducted by Alan M. Voorhees and Associates, Inc., conrpleted January 2, 1973; and It is hereby determined by said City Council that a need for a comprehensive transportation plan exists, and that some system of public transporation should be considered which would serve the entire Denton Community includi~ig the universities; and February 6, 1973 Continued BE IT FURTHER RESOLVED, that an appropriate sum not exceeding Fifteen hundred ($1,500) Dollars be encumbered and set aside as the said City's share of cash contribution to said study should said application be approved, and that the City shall furnish in-kind services as required and appropraite; and The City Manager is hereby authorized to execute the application as an official act of the City, jointly with said University, and commit funds and services to the extent provided above. Passed and approved this 6th day of February, 1973. /s/ BILL N~U, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTOP~Y Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 9. Motion was made by Ramey, seconded by Kibler t~at the Tax Adjustment Report for the month of January, 1973 in the amount of $1,563.14 be approved. Motion carried. 10. Motion was made by' Ramey, seconded by Schneider that a public hearing on the Revenue Sharing Budget be held on February 20, 1973 so that local citizens will have an opportunity to express their opinions. Motion carried. 11. Following a briefing by the Director of Utilities, motion was made by Kibler, seconded by Jester to approve an engineering contract with Freese, Nichols and Endress for a sewer study on the Hickory Creek Watershed. Motion carried. Meeting adjourned at 6:40 p.m. MAYOR Municipal Building February 20, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 20, 1973, at 5 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester, Schneider and Kibler; City Manager, City Attorney and City Secretary 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of February 6, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7952 Trucks & Beds Motion was made by Jester, seconded by Ramey that the bid be awarded as follows, as recommended by the City Manager: ITeM 1 Two trucks to Bill Utter Ford at $3,935 each for a total of $7,870 ITEM 2a Seven trucks to Banner Chevrolet at $4,820.02 each for a total of $33,740.14 ITEM 3 One truck to Bill Utter Ford at_$7,450 ITEM 4 Two flatbed bodies installed on the two trucks on Item 1 to Calvert Motor Company at $820 each for a total of $1,640 ITEM 5 Seven 5-yard dump bodies installed, to Hobbs Trailer Co. at $1,175 each for a total of $8,225. These to be installed on item 2a above. That ITEMS 7-10, the sale or trade-in of City of Denton replacement equipment, not be sold or traded on this bid, and that the Purchasing Agent be authorized to sell this equipment at auction. Motion carried. (B) #73-7963 175 Watt Mercury Vapor Street Lights Motion was made by Schneider, seconded by Kibler that the bid be awarded to Graybar Electric Company, the best bidder, at $19.36 each for both items 1 and 2. Motion carried. 3. FOR REFERRAL: Motion was made by Kibler, seconded by Jester that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1188, the petition of Mr. Dick V. Foster requesting that the zoning classification in the 300 block of Henry be changed from the Multi-Family (MF-1) to the General Retail (GR) Classification. This property is located at the southwest corner of the intersection of New Henry and Bolivar Street. The dimen- sions of the property are approximately 180' x 200'~. Recorded as City Block No. 440, Lot Nos. 6 and 7. (B) Z-1189, the petition of Mr. Don M. Mills requesting that the zming classification in the 4100 block of Interstate 35 be changed from the Agricultural (A) to the Commercial (C) classification. This tract of land is situated between Greenway Club Estates on the north and Denton Electric Co-op, Inc., on the south. Recorded as City Block No. 4070, Lot Nos. 8 and 10. (C) Z-1190, the petition of Mr. Tom Griffin requesting that approx- imately 85 acres of land be annexed and rezoned to a Single Family (SF-16) type zone. This property is located south of E1 Paseo Street in the Montecito subdivision and north of RyanRoad. Motion carried. February 20, ~973 Continued 4. Dr. Robert Toulouse, Ray Stephens and LillianMiller, members of the City-County Health Department Board were present, and Dr. Toulouse spoke for them. He stated that the Board had recommended to the County Commissioners that the City-County Public Health Unit doctor be employed on a full time basis, and that the sanction of the City Council is needed for such action. He added that there existed a vacancy on the Health Unit Board and that this had been referred to the County Commissioners. The M~yor thanked the Board for its outstanding efforts and advised that the Council would take appropriate action. 5. A public hearing was held on the proposed revenue sharing budget. The Mayor made introductory remarks, and the City Manager presented additional explanatory remarks. The M~yor then asked for comments from the large group present. (A) Genevieve Dixon, Director of Library Science at TWU, stated that she was concerned that there were no funds available for libraries. (B) Mrs. Orval Hall, 705 Malone, asked if this budget was cut and dried. She indicated concern for the condition of houses on Withers Street. She aLo suggested that a full time Chaplain be obtained for senior citizens in local hospitals and rest homes. (C) Mrs. Hattie Jo Kunkle suggested that more money be funneled into the library. (D) Quinby Self suggested that the City operate a bus on certain days for elderly people without transportation. The Mayor thanked the citizens for attending the hearing and for their interest in the affairs of the City. 6. The following Ordinances were presented: (A) ORDINANCE NO. 73-3 (Sewell & Mobberly) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS ANDADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 21 ACRES LYING AND BEING SITUATED IN TH~ COUNTY OF DENTON, STATE OF TEXAS; AND BEING IN TH~ D. D. CULP SURVEY, ABSTRACT NO. 287, DENTON COUNTY, TEXAS; CLASSIFYING THE SAMBAS "SF-10" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Jester voted "aye", Sc~neider voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-4 (Eric Ragir) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 46.3 ACRES LYING AND BEING SITUATED IN TH~ COUN~FY OF DENTON, STATE OF T~XASAND BEING IN THE DANIEL D. CULP SURVEY, ABSTRACT NO. 287, DENTON COUNTY, TEXAS; CLASSIFYING THE SAM~ AS "SF-10" SINGLE F~MILYD!STRICT P~OPERTY; AND DECLARINGANEFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Jester voted "aye", Schneider voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 73-5 (L. A. Nelson) AN ORDINANCE ANN~XING A TRACT OF LAND CONTIGUOUS ANDADJACENTTO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 131.715 ACRES LYING AND BEING SITUATED IN THE COUNT~ OF DENTON, STATE OF T~XAS AND BEING IN THE M.E.P. & P.R.R. AND GIDEON WALKER SURVEY, ABSTRACT NOS. 950 AND 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" A~R~CIILTURAL, DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. February 20, 1973 Continued 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF FEBRUARY, A.D. 1973. RESOLUTION WHERt.~tS, Of recent date effective con~nunication systems have been of immeasurable value among law enforcement agencies throughout the state and nation; and WHERt.~S, North Central Texas Council of Governments has been actively involved with other agencies toward the development and implementation of an effective landline communications system; and WHEREAS, Incoterm Corporation has been recommended to provide the terminals and a.djunct equipment necessary for a complete communications terminal system; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That said city herewith obligate itself to participate in this program, and by so doing commit funds for the purchase of the system not to exceed $3,000. PASSED AND APPROVED this the 20th day of February, A. D. 1973. /si BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRET/{RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Schneider, seconded by Jester that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye", Rameyvoted "aye" and Neu voted "aye", Motion carried. 8. Following a discussion, motion was made by Schneider, seconded by Jester that the Audit Report for the fiscal year 1971-72 by Ernst & Ernst be accepted. Motion carried. 9. Cecil Aaron, Co-owner of The Joker on W. Hickory, requested extended hours for operation of vending type pool tables at his place of business. Motion was made by Ramey, seconded by Kibler that the Cit~Attorney_ be directed to make a legal study of the matter and report his findings to the Council. Motion carried. 10. Bill Moore, Traffic Engineer, presented a report regarding parking restrictions which may be affected by the forthcoming transit study. He recommended a moratorium on parking changes in the NTSU area until the study is completed. Meeting adjourned at 6:30 p.m. .llJ Municipal Building February 22, 1973 Special called meeting of the City Council, City of Denton, Texas, Thursday, February 22, 1973, at 12 noon, in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Councilmen Kibler, Schneider & Jester, City Manager, City Attorney and City Secretary ABSENT: Mayor Pro Tem Ramey 1. The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF FEBRUARY, A. D. 1973. RESOLUTION WHEREAS, on the 16th day of January, A. D. 1973, a resolution was unanimously adopted by this Council making exempt Three Thousand ($3,000.00) Dollars of the assessed taxable value of resident homesteads of persons of sixty-five (65) years of age or older as to City ad valorem taxes to be levied for the year 1973 and subsequent years; and WHEREAS, said resolution required all beneficial owners of the resident homestead to be sixty-five years of age or older as of January 1st of each tax year, beginning with 1973; and WHEREAS, it is the purpose and intent of said Council to make available said exemption to owners of such property if one or more owners are sixty-five years of age or older as stated in said resolution, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Section I, (a) and (b) of Resolution passed on the 16th day of January, A. D. 1973, be amended to read as follows: "(a) At least one beneficial owner of the resident homestead shall be sixty-five (65) years of age or older as of January 1st of eadh tax year, beginning with 1973. (b) Said owner of the resident homestead shall submit to the Tax Assessor/Collector for the City, before April 1st of each year, an affidavit that such beneficial owner of the property in question is sixty-five (65) years of age or older. The initial exemption claim shill be accompanied by adequate proof of age, but subsequent renewals of the exemption may be by affidavit only." That this amendment to said Resolution is effective immediately. PASSED AND APPROVED this the 22nd day of February, 1973. /s/ BILL NEU, MAYOR ATTEST: CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MAN~. ~-~I~'ATTORNEY CITY OF Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye", Schneider voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 12:10 p.m. ~ ~,,._.. MAYOR Municipal Building March 6, 1973 Regu~r meeting of the City Council, City of Denton, Texas, Tuesday, March 6, 1973, at 5 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Jester and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Sch~ider, seconded by Ramey that the minutes of the regular meeting of February 20, 1973 and the special meeting of February 22, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7960 Sub Station Switchgear Motion was made by Ramey, seconded by Kibler that the bid be awarded to Southern States, Inc. as bid through Priester Supply Company, Inc., at a low bid of $67,852.81, including 1% for a Performance Bond. Motion carried. 3. FOR REFERRAL: Motion was made by Kibler, seconded by Jester that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1192, the petition of Mr. Harry Down requesting that the zoning classification in the 2100 block of Malone be changed from the Agricultural (A) classification to the Single Family (SF-10) classification. The property is located east of the intersection of Bowling Green and Auburn Lane, and is approximately 8 1/2 acres. Malone Street abuts the south side. Recorded as City Block No. 4072, Lot Nos. 11 and 12. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1186, the petition of Mr. George Hopkins requesting that the zoning classification at 2517 Spencer Road be changed from the Agricultural (A) to the Planned Development (PD) classification. This property is located in the northwest corner of Spencer Road and Loop 288, and is approximately 20 acres. Recorded as City Block No. 276-D, Lot Nos. 7 and 7.3. After hearing 1 proponent and no opposition and a report of approval by the~Planning and Zoning Commission, motion was made by Kibler, seconded by Schneider that the petition be approved with the following conditions, as recommended by the P~anning and Zoning Commission: (1) A comprehensive site plan shall be required on the approximate 20 acres of land in this request. (2) Th~ approximate 20 acre tract shall be divided into two 10 acre tracts. The proposed uses in this request shall occupy one of the 10 acre tracts. The other 10 acre tract shall be designated as "future expansion". (3) Ail performance standards as set forth in Article 9 of the Zoning Ordinance shall be adhered to in accordance with the acceptance of this land use. (4) Parking shall be required as follows: (a) One space for each 300 square feet of office space one space for each two employees or one space for each one-thousand square feet of enclosed storage or warehouse area, whichever is greater. (5) A 50-foot setback shall be required on this property along Loop 288. (6) A 25-foot setback shall be required on this property along Spencer Road. March 6, 1973 Continued (7) A 25-foot setback shall be required on the west and north property lines. Traffic access and circulation may be allowed in this area, but open storage shall be kept 25 feet from the property lines. (8) A tree and/or shrubbery screen shall be provided along the west and north property lines in accordance with the development and use of this property. (9)Permission shall be granted for a pole storage yard. (10)Permission shall be granted for a radio tower. Motion carried. (B) A public hearing was held on the request of Mr. Jack McJunkin for final approval of an amendment to a Planned Development (PD-6) site plan. The property is located north of Interstate 35E and west of Loop 288, and is approxi- mately 200 acres. Recorded as City Block No. 283, Lot No. 1. After hearing 2 proponents, no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the final approval of the amendment to the Planned Development (PD-6) site plan be approved with the following conditions, as recommended by the Planning and Zoning Commission: (1) A site plan showing the serviceable utility systems for water, sewer, gas and/or electricity shall be provided by the developer on all of the property before any separate or distinct part of the development is permitted for final site plan approval. The plans will be submitted to the Community Development Department. (2) The final plans shall include complete engineering design of the site development, said design to include all potable water distribution and facilities. City Subdivision Rules and Regulations shall be used as a guide to accomplish a comprehensive design. ~11 engineering design shall be approved by a Registered Professional Engineer and copies of all design calculation shall be submitted upon request of the City. (3) bach lot or tract shown on the amended site plan shall be limited to one structure only regardless of the use indicated on the ~ ~J~ amended site plan until same is further platted within the delineated areas shown on the amended site plan. Article 19 of the Zoning Ordinance may be used to allow for more than one building to be built upon a tract of land. (4) Ail the streets, easements, alley and right-of-ways indicated on the amended site plan or future plats shall be properly dedicated to the public. (5) Article 15 of the Zoning Ordinance concerning parking require- ments shall apply to any use taking place on this property. (6) The land shall be properly elevated and landscaped for drainage control to secure the development against possible flooding. If necessary, underground drainage pipes should also be provided to carry drainage water. (7) A 50 foot setback shall be required on this proper.ty along Loop 288 and Interstate Highway 35. Single family or two-family residential land uses may be placed 25 feet from the highway right-of-way. (8) No building or other structure shall be constructed on or across existing lot lines shown on the amended site plan and o~future plats, nor be closer than the front, side and rear yard requirements stated in the Zoning Ordinance. (9)Density shall constitute a maxim~n of 18 units per net acre in the multi-family developmental areas within the site plan. Motion carried. 5. George Olafsen, resident of Montecito Subdivision, expressed concern for heavy traffic developing on ~ntecito streets because of the construction of Montecito del Sur. He requested that the Council consider the problem. No action was taken.. March 6, 1973 Continued 6. ORDINANCES: (A) The Council discussed the requested change in the present Pool [~11 Ordinance which sets a time limit for closing hours. Following a discussion, motion was made by Ramey, seconded by Kibler that the present Ordinance be left as is. Motion carried. (B) A proposed Industrial Waste Ordinance was presented. The Manager stated that he had submitted the Ordinance to the Council to review and that a joint session with the Utilities Board would be arranged at a later date. Motion was made by Schneider, seconded by Jester that the Ordinance be tabled for further review. Motion carried. 7. The City Traffic Engineer presented an approval by the Planning and Zoning Commission for "no parking" zones on College Street, Vine Street and Grove Street in the vicinity of TWU. Motion was made by Ramey, seconded by Kibler that "no parking" zones be approved on the south side of Grove Street from Vine to Frame, on the north side of Co]_lege Street from Vine to Frame, on the east side of Vine Street from Grove to College and on the west side of Vine Street from College to Schmitz. Motion carried. 8. Motion was made by Schneider, seconded by Jester that the Tax Adjustment Report for the month of February, 1973 in the amount of $1,431.97 be approved. Motion carried. 9. Motion was made by Kibler, seconded by Ramey that the voucher to Bill Utter Ford for parts for the month of January, 1973 be approved for payment in the amount of $1,780.78. Motion carried. 10. The Council considered a contract proposal with Executive Technology for consulting work in handling accounting on Data Processing. Following a lengthy question and answer session and a briefing by the Manager, motion was made by Ramey, seconded by Schneider that the contract be approved for a total fee and expenses not to exceed $11,000. Motion carried. 11. Motion was nmde by Schneider, seconded by Jester that a contract for cleaning and repainting that portion of the Steam Plant damaged by fire in October of 1972 be awarded to Willard Hall, Jr., Denton, Texas, in the amount of $11,679, as approved by John Hodge, Insurance Adjuster~ and the Insurance Carrier, represented by Allie Miller. Motion carried. 12. The Council considered a proposed contract with Black & Veatch for engineering services for a study relative to conversion of boilers and burner equipment at the Steam Plant, which allows continuous burning of fuel oil. Motion was made by Schneider, seconded by Ramey that a contract with Black & Veatch be approved. Motion carried. 13 Motion was made by Schneider, seconded by Jester to approve a contract with Southwestern Electric Company of Oklahoma City to modify a 5000 KVA transformer, owned by the City, from 2400 Volt Delta to 4160 Volt Wye, at a cost of $4100. Motion carried. 14. Herb Adler, local citizen, expressed concern over increased electric rates since the natural gas curtailment. .120 March 6, 1973 Continued 15. The City Manager advised the Council of the difficulty to interpret the legal technicalities and terminologies of the state statute relative to the $3000 assessed value tax exen~ption for senior citizens 65 years of age and over, adding that the matter should be litigated. The following Resolution was presented: AT A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON TH~ 6TH DAY OF F~kRCH, 1973. RESOLUTION WHEREAS, the City Attorney has advised the City Council that the amending of Article VIII, Section 1-b of the Texas Constitution, did not exempt the home as distinguished from the homestead of every individual over 65 years, and WHEREAS, it is the desire of this Council if it can be legally done to exempt $3,000 of the assessed value of the home of every person over 65 years of age whether a homestead or not; now, therefore, BE IT P~ESOLVED BY TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS: Section I. That the City Attorney be and he is hereby directed to take such legal action as he may deem appropriate to obtain, if possible a judgment of the Court allowing the City to exempt from taxation the home of every person over the age of 65 years with the requirement that at least $3,000 of the assessed value be exempt from taxation as is now provided for a homestead. Section II. That this Resolution take effect immediately from and after its passage. PASSED ANDAPPROVED this the 6th day of March, 1973. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Schneider voted "aye", Rameyvoted "aye" and. Neu voted "aye". Motion carried. 16. Mr. Frank Coffey, representing the Retired Persons Organization in Denton, assured the Council of the interest and cooperation of his group in resolving the exemption problems. Meeting adjourned at 7:45 p.m. MAYOR Municipal Building March 20, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 20, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Kibler and Jester; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Schneider, seconded by Jester that the minutes of the meeting of March 6, 1973 be approved. Motion carried. 2. The Council recognized E. M. '~ule" Harral for his thirty-six years of service with the Electric Distribution Department of the City of Denton, and the Mayor presented a plaque in recognition. 3. BIDS: (A) #7966 Refuse Bodies, Containers & Roll Off Packing Unit Motion was made by Ramey, seconded by Kibler that the bid be awarded as follows, as recommended by the City Manager: ITEM 1 Two 28 cubic yard side loading refuse bodies with handilift to Pak-Mor, Inc. at the bid price of $8,973.00 each. ITEMS 2, 3 & 4 Various quantities of 2, 3, and 4 cubic yard containers be awarded to Cleburne Truck and Body at the following prices: 2 cu. yd. $139.50; 3 cu. yd. $149.50; 4 cu. yd. $168.00 Total price of $45,237.50. ITEM 9 Complete roll off type packing system awarded to the lowest bidder, Cleburne Truck at $56,812.50, and the alternate bid of Denton Machine and Welding for containers to be built in lots of three as replacement containers approved at the following amounts: 2 cu. yd. $193.98 each; 3 cu. yd. $215.95 each and 4 cu. yd. $232.13 each. Motion carried. (B) #7967 Truck Cab & Chassis Motion was made by Kibler, seconded by Schneider that the bid be awarded as follows, as recommended by the City Manager: ITEM 1 Two cab-over type cab and chassis trucks to Banner Chevrolet at the low bid price of $7,976.49 each. ITEM 2 One short conventional cab and chassis with 150 inch cab to axle to Banner Chevrolet at the low bid price of $7,283.16 ea. ITEM 3 Three short conventional cab and chassis with 120 inch cab to axle to Banner Chevrolet at the low bid price of $7,240.81 each, and to authorize sale of used equipment units 1740, 1860, 1900 and 1710 at public auction. Motion carried. March 20, 1973 Continued (C) #7968 Tractor Trailer and Packing Unit Motion was made by Ramey, seconded by Jester that the bid be awarded as follows, as recommended by the City Manager: ITEM 1 Three tractor trucks to Bill Utter Ford a~ $8,255.00 each. ITEM 2 All bids received be rejected and the alternate 38 cubic yard trailer bid by Hobbs Trailers for three trailers be accepted at $12,737 each. ITEM 3 Three con~ination tractor trailer units be rejected. ITEM 4 To Hot~s Trailers at $2,650.00 (outright high bid purchase price for rig #1880-1881). ITEM 5 To Davis Truck at $3,500.00 (the high bid outright purchase price on rig #1920-1921). ITEM 6 To Hobbs Trailers at $2,050.00 (the high bid outright purchase price for rig #1940-1941). Motion carried. (D) #7977 Truck Cab and Chassis and 10 Yard Side Loading Refuse Body Motion was made by Schneider, seconded by Jester that the bid be awarded as follows, as reconm~ended by the City Manager: ITEM 1 One 17,500 lb. GVW truck cab & chassis to Banner Chevrolet at $5,111.73. ITEM 2 All received bids be rejected. ITEM 3 Outright purchase of used equipment; Ail received bids be rejected and Purchasing Agent be authorized to sell at public auction. ITEM 4 9-10 Cubic yard side loading refuse body to Hobbs Trailer Company at $2,939.49. ITEM 5 1/2 Ton pickup to Banner Chevrolet at $2,370.48. Motion carried. 4. FOR REFERRAL: Motion was made by Jester, seconded by Schneider that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1193, the petition of Mr. Jerry Gage requesting that the zoning classification at 301-411 N. Locust, 106-112 W. McKinney, 300-420 N. Elm and the south side of Parkway Street be changed from the Commercial (C) to the Central Business (CB) classification. ~is property is a block of land bounded by N. Locust on the east, W. McKinney on the south, N. Elm on the west and Parkway Street on the north. Recorded as City Block No. 403, Lot nos. 1 through 18. (B) Z-1194, the petition of the Planning and Zoning Commission to consider changing the zoning along both sides of N. Locust Street between College Street and Marshall Street from the Multi-Family (MF-1) to the Office (0) classification. Recorded as City Block no. 107, City lot nos. 1, 6, 7 and 8; City Block no. 108, City lots nos. 12 through 22; City Block No. 109, lot nos. 14 through 25; City Block no. 110, lotto. 1 and 11 through 17; City Block no. 407, lot nos. 1 through 6, City Block no. 408, lot nos. 1 through 10, City Block no. 409, lot nos. 1 through 4; City Block no. 410, lot nos. 1 through 5; and City Block No. 411, Lot nos. 4 through 14. March 20, 1973 Continued (C) Z-1195, the petition of Mr. Melvin Haisler requesting that the zoning classification in the 3000 block of N. Locust be changed from the Agricultural (A) to the Single Family (SF-10) classification. This is a request that a portion, approximately 12 acres, of a 60.318 acre tract be rezoned from an Agricultural (A) to a Single Family (SF-10) classification. This property is located north of Hercules Lane and east of N. Locust Street. Recorded as City Block No. 135-D, Lot No. 1. Motion carried. S. PUBLIC HEARINGS: (A) A public hearing was held on Z-1188, the petition of Mr. Dick V. Foster requesting that the zoning classification in the 300 block of Henry be changed from the Multi-family (MF-1) to the G'eneral Retail (GR) classification. This property is located at the southwest corner of the intersection of New Henry and Bolivar Street. The dimensions of the property are approximately 180' by 200'. Recorded as City Block No. 440, Lot nos. 6 and 7. After hearing 1 proponent and no opposition, and a report of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the petition be approved. Motion carried. (B) A public hearing was held on Z-1190, the petition of ~r. Tom W. Griffin requesting that approximately 8S acres of land be annexed and rezoned to a Single Family (SF-16) type of zone. This property is located south of E1 Paseo Street in the Montecito Subdivision and north of Ryan Road. After hearing 1 proponent and 3 in partial opposition, and a report of approval by the Planning and Zoning Comission, motion was made by Ramey, seconded by Jester that the petition be approved, and to authorize the City Attorney to prepare the necessary ordinance, and that the builders be requested to use Ryan Road for the moving of heavy building equipment. Motion carried. 6. Mr. George Olafsen appeared relative to load limits on residential streets. The Council requested that the City Attorney and other staff members study the possibility of load limits on certain streets and speed limit signs in certain areas. 7. The following Ordinance was presented: ORDINANCE NO. 73-6 AN O~)INANCE AMENDING CHAPTER NINE, ARTICLE III OF THE CODE OF ORDINANCES OF THB CITY OF DENTON BY ADDING TO SECTION 9-30 THBREOF A NEW SECTION TO BE ENTITLED SECTION 9-30.1; PROVIDING A MEANS WHEREBY LICENSES OR REGISTERED ELECTRICIANS FROM OTHER CITIES MAY DO WORK IN THE CITY OF DENTON WITHOUT TAKING AN EXAMINATION, SUBJECT TO CERTAIN CONDITIONS ENUMERATED THEREIN; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVEDATE. Motion was made by Jester, seconded by Ramey that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 8. The Mayor read a Proclamation proclaiming April 1-7 as YMCA Week in Denton. 9. Motion was made by Kibler, s~conded by Ramey that a voucher in the amount of $1,128.02 for parts for the Garage Department for the month of February, 1973 be approved for payment to Bill Utter Ford. Motion carried. 1'24 March 20, 1973 Continued 10. The following Resolution was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAIl) CITY ON THE 20TH DAY OF MARCH, A. D. 1973. RESOLUTION WHEREAS, it has been heretofore reco~nended that Aubrey Reservoir be completed and full by 1980, due to the fact of urgent need based upon hydrological studies of the watershed yields and the Master Plan of the water distribution and production systems which indicate that the safe drouth yield of Garza-Little Elm Reservoir will be completely utilized before 1975, and WHEREAS, construction of a reservoir the size of the proposed Aubrey normally requires ten years from planning stages to the full reservoir, allowing a reason- able period for rainfall and runoff to fill the structure upon co~rpletion, making it essential that engineering studies and planning for Aubrey Reservoir begin in the current fiscal year in order to avoid unnecessary risk of a water shortage by the year 1980 in Denton County, ~md WHEREAS, the City of Dallas, Texas, was a co-sponsor with the City of Denton on Garza-Little Elm Reservoir and their requirements have also increased so that they are now over-using their allocation of supply in Garza-Little Elm, and WHEREAS, the City of Denton by contract with the City of Dallas agreed for the two cities to co-sponsor Aubrey Reservoir, and WHEREAS, the Aubrey project was ~,uthorized by Congress in 1965. The first funds for advanced engineering and design were appropriated by Congress in fiscal year 1970. There were initially no design funds for Aubrey in the Administration's 1970 budget, but Congress added $150,000 in response to the urgent requests of the Cities of Dallas and Denton who co-sponsor this project and who foresaw the criticality of dependence on Lewisville Reservoir alone. As a matter of fact, the Cities of Dallas and Denton offered to advance the $150,000, and WHEREAS, the Corps of Engineers have made good progress in preparing the advanced engineering plans. A total of $277,000 is required to complete the plans and the Corps reports a capability to complete during fiscal year 1974. The administration budget for fiscal year 1974, however, contains only $150,000 for design for Aubrey. If allowed to stand, this will impose a one year delay on completion of Aubrey. There would be two serious consequences. One has already been described, that of overdraft of Lewsiville Reservoir. The other is the consequence of an additional years escalation in cost, and, WHEREAS, time is of essence to the Denton water needs and planning and construction of the Aubrey Reservoir must begin at the earliest possible date, and it is deemed necessary that the City of Denton and the City of Dallas request that the Federal Government accept an advance from the two cities of such planning funds in order that preliminary planning work can begin on Aubrey Reservoir in fiscal year 1970; and therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Manager is hereby instructed to appropriate and make available a proportionate amount of the planr~ing funds necessary for the Corps of Engineers to continue their advanced engineering work on Aubrey Reservoir. This resolution shall take effect immediately upon its passage and approval. /s/ BILL NEU, MAYOR /s/ /s/ BROOKS HOLT, CITY SECRETARY 'FJkLPH MANN, CITY ATTORNEY Following a lengthy discussion with questions and answers, motion was made by Ramey, seconded by Kibler thai' the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 6:40 p.m. ~ ~ ____~ MAYOR Municipal Building March 29, 1973 Special Called meeting of the City Council, City of Denton, Texas, Thursday, March 29, 1973, at 11:40 a.m., in the Council Chambers of the Municipal Building. PRESENT: ~yor Neu, Mayor Pro Tern Ramey, Councilmen Schneider, Kibl~r; City _ Manager, Assistant City Manager, City Attorney & City Secretary ABSENT: Councilman Jester 1. The meeting was called for the purpose of considering the adoption of the Revenue Sharing Budget. 2. Following considerable discussion and a question and answer session, motion was made by Schneider, seconded byRamey that the 1972-73 Budget be amended to include revenue sharing and that the Revenue Sharing Budget be amended to include $10,000 for the City-County Library and $2,500 for a study of the recreational needs for the senior citizens, and that the Revenue Sharing Budget be adopted. Motion carried. Meeting adjourned at 12:15 p.m. MAYOR CITY SECRETARY Municipal Building April 3, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 3, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Ramey, Councilmen Schneider, Jester and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Ramey, seconded by Kibler that the minutes of the regular meeting of March 20, 1973 and the special, called meeting of March 29, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7982 Repair of Tank for Diesel Fuel - Motion was made by Kibler, seconded by Jester that the bid be awarded to American Tank Company of Nevada, Missouri, at a bid of $16,379.96. Motion carried. 3. FOR REFERRAL: Motion was made by Jester, seconded by Schneider that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) S-66, the petition of Mr. Robert N. Eames requesting that a Specific Use Permit be granted for the operation of a private club at 107 Avenue A. The building for this proposed use is located approximately 80' south from West Hickory along Avenue A. The City tax records designate this property as City Block No. 364, Lot No. 19. Motion carried. April 3, 1973 Continued 4. Mayor Neu presented a plaque of appreciation to Roy James Hunter, who retired after twenty-five years of service in the Blectric Production DepartmEnt. The Mayor also presented a framed $100 bill, a gift from his co-workers at the Power Plant. 5. PUBLIC HBARINGS: (A) A public hearing was held on Z-1189, the appeal of Mr. Don M. Mills requesting that the zoning classification in the 4100 block of Interstate 35 be changed from the Agricultural (A) to the Commercial (C) classification. This property is further described as being a tract of land, approximately 16 acres, situated between Greenway Club Estates on the north and Denton Blectric Co-op, Inc., on the south. This property fronts the Interstate 35 frontage road. The City tax records designate tlhis property as City Block No. 4070, Lot Nos. 8 and 10. After hearing two proponents, one opponent and a report of denial by the Planning and Zoning Commission, motion was made by Ramey, seconded by Schneider that the petition be approved for General Retail (GR), and that the petitioner not be required to construct offices as a buffer to adjacent apartment units. Motion carried four to one, with Jester abstaining. (B) A public hearing was held on Z-1192, the petition of Mr. Harry Do~n requesting that the zoning classification in the 2100 block of Malone be changed from the Agricultural (A) to the Single Family (SF-10) classification. The property is further described as being a tract of land, approximately 8 1/2 acres, located east of the intersection of Bowling Green and Auburn Lane. Malone Street connects with this property on the south side. The City tax records designate this property as City Block No. 4072, Lot. Nos. 11 and 12. After hearing no proponents and none in opposition, and a report of approval from the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the petition be approved. Motion carried. (C) A public hearhlg was held on PD-2 Amendment, the petition of Mr. Cub Amos asking that a portion of a planned development (PD-2) classification be amended. The property in this request is located in the 2600 block of Bell. The Blanned Development, referred to as Heritage Oaks or Oak Place, is a townhouse/ apartment type of development ~ld a request has been made to amend this plan to allow for the development of a small retailshopping complex. The location of the proposed shopping facility is on the southwest corner of the intersection of Coronado Street and Bell Street.. The City tax record designates this property as City Block No. 135, Lot No. 3. After hearing one proponent and none in opposition, and a report of approval from the Planning and Zoning Commission, motion was made by Jester, seconded by Ramey that the request b~ approved subject to the following conditions: (1) The general plan showing an up-to-date progress ofthe develop- ment of Heritage Oaks since 1969 and the location Of the proposed shopping facility shall be attached as an amended part of the Planned Development (PD-2) classification. (2) The tract of land, City Block 136, Lot 8-A and city Block 137, Lot 4-A shall be made a part of the amended site plan and also a part of the Planned Development (PD-2) classification. Motion carried. 6. The Mayor recognized W. S. "Bill" Nash, who expressed dissatisfaction with utility rates and city services in general. Mrs. Nash also spoke. Herb Adler, 110 Sheraton Place, suggested that the city use ~a/oming coal as fuel to fire boilers at tl~ Power Plant. He also asked that something be done now about the present fuel emergency. W. F. Droze, 1900 ~l].yhill Lane, also expressed discontent with utility rates. April 3, 1973 Continued 7. David Rawlinson, 2024 Bowling Green, representing the Young Democrats of Denton, requested permission to paint street numbers on curbs in the City. Motion was made by Schneider, seconded by Jester to approve the request, but that an agreement must be negotiated with the City Attorney. Motion carried. 8. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 73-? (Dick Foster) ~ ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS ANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-~ AND AS SAID MAP APPLIES TO LOTS NO. 6 AND ?, CITY BLOCK NO. 440, AS SHOWN THIS DATE ON THE~O~F~IAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Kibler that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Sctmeider voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-8 (Town Builders, previously Mobile Systems, Inc.) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS ANDADJACENTTO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 100.83 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 927, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" AGRICUL~FURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 9. THE FOLLOWING RESOLUTION WAS PRESENTED: AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF APRIL, A.D. 1973 RESOLUTION WHEREAS, the North Central Texas Council of Governments has prepared an application to the Texas Department of Community Affairs to obtain funds for the development of a Denton County-Hickory Creek Wastewater Treatment Management Plan; and WHEREAS, the City of Denton has stated its desire to partitipate in the program and to share proportionately in the local cost of the study; NOW, THEREFORE, BE IT HEREBY RESOLVED, that an amount of Seven Thousand Four Hundred and no/100 ($7,400.00) Dollars which is proportionate to the City of Denton's existing population distribution be allocated for this purpose and be forwarded to the North Central Texas Council of Governments. PASSED AND APPROVED this the 3rd day of April, A.D. 1973. /s/ BILL N~U, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ramey, seconded by Kibler that the Resolution be passed. On roll call vote Schneider voted "aye", Jester voted "aye", Kibler voted "aye", Ramey voted "aye and Neu voted "aye". Motion carried. April .3, 1973 Continued 10. Motion was made by Schneider, seconded by Jester to approve a contract with Millard-Heath & Co., Inc., in the amount of $1,723 for replacing the ceiling in the office area of the Steam Plant which was damaged by fire and smoke on October 29, 1972. Motion carried. 11. The Mayor read a t>roclamation proclaiming April 8-14, 1973 as Defensive Driving Week. Meeting adjourned at 6:45 p.m. MAYOR Municipal Building April 9, 1973 Special called meeting of the City Council, City of Denton, Texas, Monday, April 9, 1973, at 1:00 p.m., in the Council Chmmbers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Ramey, Councilmen Jester and Kibler; City M~nager, Assistant City Manager, and City Secretary. tBSENT: Councilman Schneider 1. The following Ordinance was presented: ORDINANCE NO. 73-9 AN ORDINANCE CANVASSING ELELiFION RETURNS OF ELECTION HELD APRIL 3, 1973, TO ELECT THREE CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton, Texas, on the 3rd day of April, 1973. for the purpose of electing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have be~.~n made and delivered; and that the City Council has duly canvassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and that the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: April 9, 1973 Continued Bill Neu 1835 Morris Kibler 1668 LillianMiller 1455 Rick Yahr 1163 _ LeroyF~ynes, Jr. 1028 Jerry Mo Mohelnitzky 1079 David M. Nichols 1030 Trish Pagan 907 Ed Holmes 227 Elbert Bradley, Jr. 68 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Bill Neu, Morris Kibler and Lillian Miller have each received the proper number o7 votes to be eleCted, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this the 9th day of April, 1973. /si BILL NLmO, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Jester voted "aye", Kibler voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at i:iS p.m. CIT~ Municipal Building April 17, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 17, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro 'rem RameF, Councilmen Jester, Schneider and Kibler; New Council Member LillianMiller; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Sclhneider, seconded by Jester that the minutes of the Special meeting of March 29, 1973 and the Regular meeting of April 3, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7991 Sale of Used and Obsolete Transformers Motion was made by Ramey, seconded by Kibler that the bid be awarded to T & R Electric Supply, as recommended by the City Manager, at a high bid of $1,300.50. Motion carried. 3. FOR REFERRAL: Motion was made by Kibler, seconded by Ramey that the following petition be referred to the Planning & Zoning Con~nission for its recon~nendation: Z-1196, the petition of Mr. Jack I. McJunkin requesting that the zoning classification in the 2500 block of Teasley Lane be changed from an Agricultural (A) to a Single Family (SF-10) classification. This property is further des- cribed as being located soutlheast of the intersection of Longridge Drive and Teasley Lane. The City tax records designate this property as City Block No. 285, and a part of City lot nos. 22, 36 and 38. The area of this request represents approximately 70 acres. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1193, the petition of Mr. Jerry Gage requesting that the zoning classification at 301-411 N. Locust, 106-112 W. McKinney, 300-420 N. Elm, and the south side of Parkway Street be changed from the Con~nercial (C) to the Central Business (CB) classification. This property is further described as being a block of land bounded by N. Locust Street on the east, W. McK~nneg.on the south, N. Elm on the west and Parkway Street on the north. T~-~ax r~rds~ignate this property as City Block No. 403, Lot NOS. 1-18~ ..... ~ ~ ~ ~'~ · After hearing one ~?oponent, none in opposition and a report of P & Z approval for Block 403, Lots 8-14, motion was made by Schneider, seconded by Kibler that Zhe petition be approved ~)r Block 403, Lots 8-14. Motion carried with Jester abstaining. (B) A public heari~ was held on Z-1194, the petition of the Plam~ing and Zoning Co~nission to consider changing the zoning along both sides of N. Locust Street between College Street and Marshall Street from the Multi-family (MF-1) to the Office (0) classification. The City tax records designate this property as City Block No. 107, Lot Nos. 1, 6, 7 and 8; City Block No. 108, Lot Nos. 12-22; City Block ~). 109, Lot Nos. 14-25; City Block No. 110, Lot Nos 1, 11-17; City Block No. 407, Lot Nos. 1-6; City Block No. 408, Lot Nos. 1-10; City Block No. 409, City Lot Nos. 1-4; City Block ~10, Lot Nos. 1-5; and City Block No. 411, Lot Nos. 4-]_4. After hearing the City Planner speak in behalf of the petition and nonein opposition, motion was nmde by Kibler, seconded by Jester that the petition be approved. Motion carried. April 17, 1973 Continued (C) A public hearing was held on Z-1195, the petition of Mr. Melvin ~isler requesting that the zoning classification in the 3000 block of N. Locust be changed from the Agricultural (A) to the Single Family (SF-10) classification. This is a request that a portion, approximately 12 acres, of a 60.318 acre tract be rezoned from an Agricultural (A) to a Single Family (SF-10) classification. This property is located north of Hercules Lane and east of N. Locust Street. The City tax records designate this proFerty as City Block No. 135-D, Lot No. 1. After hearing no proponents and no opposition, and a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Jester that the petition be approved. Motion carried. 5. The Council received for consideration from the City Planner the final site plan for Oak Ridge Subdivision located south of 1-35E and east of the State School Road. Motion was made by Schneider, seconded by Jester that the matter be tabled until the developer could be present. Motion carried. 6. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 73-10--Don Mills AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS ANAPPENDIX TO TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS NOS. 8 AND 10, CITY BLOCK 4070, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF TH~ CItY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Ramey voted "aye" and Neu voted "aye", J~ster~abstained. Motion carried. (B) ©RDINANCE NO. 73-11--Harry Down AN ORDINANCE AMENDING THE ZONING ~P OF THE CIT¥OF DENTON, TEXAS, AS SAMEWAS ADOPTED AS AN APPENDIX TO TH~ CODE OF ORDINANCES OF TH~ CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 11 AND 12, CITY BLOCK 4072, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON~ TF~KAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 7. Motion was made by Jester, seconded by Ramey that the Tax Adjustment Report for the month of March, 1973 in the amount of $1,352.04 be approved. Motion carried. 8. Motion was made by Ramey, seconded by Kibler that the following vouchers in excess of $1,000 be approved for payment: P. O. #19031 Calvert Motor Company $1,307.56 P. O. #19041 Bill Utter Ford $1,576.21 P. O. #18601 Shaw Equipment Company $1,801.61 Motion carried. 9. Motion was made by Jester, seconded by Kibler that a pipeline easement with MKT Railroad from Lake Dallas to the Denton Water Production Plant site, approximately 7 1/2 miles long, be approved. Motion carried. 10. The Mayor recognized Mayor Pro Tem Harold L. Rameywho expressed appreciation for his four years of service on the Council. Mr. Ramey stated that he had attended over one.hundred meetings and had gained much Satisfaction in hours spent planning for Denton's future. He singled out his pleasure in ~orking April 17, 1973 Continued for the building of the proposed Aubrey Reservoir and was gratified to have some part in obtaining a Post Office and Federal Building in Denton. He added that Flow Hospital was a vital institution in this community. He thanked the Council members for their kindnesses and friendship and stated that Denton has one of the finest City Managers and staff anywhere. He congratulated Lillian Miller, the new Council member, and thanked all citizens for their interest during his four year tenure. 11. City Secretary, Brooks Holt, gave the Oath of Office to Bill Neu, Morris Kibler and Lillian Miller who were elected to two year terms on the Council on April 3, 1973. ~rs. Miller took her Seat on the Countil. 12. Tke Mayor relinquished the chair to the City ~ecretary who opened nominations for Mayor of the City of Denton. Motion was made by Schneider, seconded by Jester that Bill Neu be re-elected to the post of ~{ayor. Motion carried unanimously. The Mayor took the chair and opened nominations for Mayor Pro Tem. Motion was made by Schneider, seconded by Kibler that Tom Jester be named Mayor Pro Tem. Motion carried unanimously. 13. THE FOLLOWING RESOLUTION WAS PRESENTED: AT A REGULAR MEETING OF TH~ CIT~Y COUNCIL OF THE CITY OF DF3~TON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF APRIL, A.D. 1973. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Harold L. Ramey for his valuable public service as a member of the City Council of said City; and WHEREAS, Harold L. Ramey has ~selfishly contributed his time and effort in an outstanding and exemplary manner, despite past illness, hospitalization and demanding personal committments; and WHEREAS, Harold L. Ramey has continually represented the citizens of Denton in a fair, impartial and considerate manner, always open, receptive and sensitive to the needs and comments of his constituents; and WHEREAS, because of Mr. Ramey's continued Christian testimony, and his diligent and sincere devotion 'to public service which he performed so admirably the City Council hereby express to the said Harold L. Ramey their grateful appreciation and heartfelt thanks for a job well done; and wish to him and his family continued good health and prosperity in all of their endeavors. NOW, THEREFORE, on behalf of the people he has served so well, the Mayor and City Council direct and order that a copy of this Resolution be forwarded to him, the said Harold L. Ramey. PASSED AND APPROVED this the 17th day of April, A.D. 1973. /s/ ATTEST: BILL NEU, MAYOR Is/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO L~GAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY Motion was made by Schneider, seconded by Jester that the Resolution be passed. On roll call vote Miller voted "aye", Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. The Mayor then presented a plaque of appreciation to Mr. Ramey. MAYOR -- ~ CITY SECRETARY Municipal Building May 1, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 1, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler, Schneider and Miller; City Manager, Assistant City Manager; City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of April 17, 1973 be approved. Motion carried. 2. BIDS: (A) #73-7999 Selected Vegetation Control Motion was made by~Kibler, seconded by Schneider that the bid be awarded to Jim Neale Company at a bid of $50.00 per acre for a total gross price of $9,090 Motion carried. . 3. FOR REFERRAL: Motion was made by Jester, seconded by Kibler that the following two petitions be referred to the Planning and Zoning Commission.for its recomnendations: (A) Z-1197, the petition of Mr. John Porter requesting that the zoning classification in the 4300 block of 1-35 be changed from the Agricultural (A) to the General Retail (GR) classification. This property is further described as being situated between Greenway Club Estates and Interstate 35. Colonial Drive connects with this property on the south side. The City tax records designate this property as City Block No. 4070, Lot No. 11. The area of this land represents approximately 3.5 acres. (B) Z-1198, the petition of Mr. Walter M. Jost requesting that the zoning classification at 2000 Denison be rezoned from theM ulti-family (MF-1) to the General Retail (GR) classification. This property is further described as being situated between University Drive to the south and Henry Street to the north and is located along the east side of Denison Street. The City tax records designate this property as City Block No. 440, Lot No. 8. The dimensions of this property are approximately 100' x 1~0'. Motion carried. 4. Dr. Robert Toulouse, City-County Health Unit Board member, introduced Dr. Betty Seliskar, Health Unit Medical Director, relative to an increased budget for the unit. Following her presentation, the Council requested a copy of last years health unit budget, and agreed that a study session should be arranged with the Denton County Commissioners. 5. Mr. Jeffry Hale and Mr. Jim Hansford appeared relative to the blocking of streets by railroad trains and indicated concern for lack of speed limit signs on E. McKinney Street from the new road construction to Loop 288. 6. Noble Holland, representing Southeast Denton American Legion Post, requested that the Fred Moore Park baseball diamonds be relocated, and pointed out traffic dangeri~%in~'%~ast part.of the city. He also requested some relief fr~~in~~ock of E. Prairie Street; The Mayor advised that th~ problems wou~f~d~i'~rred to the proper departments of the City. 7. The Council considered the final site plan of Post Oak Boulevard in the Oak Ridge Development After discussion and a statement by the developer that the stipulations of Planning and Zoning Commission would be followed, motion was made by Schneider, seconded by Jester that the final site plan be approved with stipulations recommended by the Planning and Zoning Commission. Motion carried. May 1, 1973 Continued 8. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 73-12 (Jerry Gage) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 8-14, CITY BLOCK 403, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Miller that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester abstained and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-13 (Planning & Zoning Commission) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 1,6,7 & 8, BLOCK NO. 107; LOT NOS. 12-22, BLOCK NO. 108; LOT NOS. 14-25, BLOCK NO. 109; LOT NOS. 1, 11-17, BLOCK NO. 110; LOT NOS. 1-6, BLOCK NO. 407; LOT NOS. 1-10, BLOCK NO. 408; LOT NOS. 1-4, BLOCK NO. 409; LOT NOS. 1-5, BLOCK NO. 410; LOT NOS. 4-14, BLOCK NO. 411 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roi1 call vote Kibler voted "~ye", Miller voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 73-14 (Melvin Haisler) AN ORDINANCE AMENDING THE ZONINC MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS Al)OPTED AS AN APPENDIX TO THti CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 1, CITY BLOCK NO. 13S-D, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Miller voted "aye", Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 9. Motion was made by Schneider, seconded by Miller that final payment to Farrow Company for construction of a 10,000 barrel fuel oil storage tank be approved for payment in the amount of $10,371.50. Motion carried. 10. Motion was made by Kibler, seconded by Jester that vouchers in the total amount of $3,784.37 to Norsworthy-Mercer, Inc. be approved for payment. Motion carried. 11. Motion was made by Jester, seconded by Kibler that payment to Moore Construction Company for pea gravel for the City of Corinth main be approved in the amount of $2,202.81. Motion carried. Meeting adjourned at 6:10 p.m. MAYO~ ~4unicipal Building May 15, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 15, 1973, at 5:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Kibler and Schneider; City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of May 1, 1973 be approved. Motion carried. 2. Motion was made by Schneider, seconded by Miller that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z~1199, the petition of Mr. Leland Tribble requesting that the zoning classification at 309 and 317 Hollyhill Lane be changed from the Single- Family (SF-16) to the Two-Family (2F) dwelling. This property is further described as being located on the east side of the intersection of Londonderry and Hollyhill Lane. The City Tax Records designate this property as City Block No. 2012, Lot Nos. 3 and 4 ' Motion carried. 3. The Mayor, in behalf of the Council, presented an engraved plaque of appreciation to C. F. "Chick" Allen on his retirement after sixteen years of service in the Electric Production Department and also presented Mr. Allen with a framed one hundred dollar bill, a gift from his co-workers. 4. Doug Hill, representing The Denton Kiwanis Club, requested approval for a fireworks display at Fours Field on July 4, 1973. Motion was made by Schneider, seconded by Kibler that the request be granted. Motion carried. 5. PUBLIC HEARINGS: (A) A public hearing was held on Z-1196, the petition of Mr. Jack I. McJunkin requesting that the zoning classification in the 2500 block of Teasley Lane be changed from an Agricultural (A) to a Single Family (SF-10) classification. This property is further described as being located southeast of the intersection of Longridge Drive and Teasley Lane. The City Tax Records designate this property as City Block No. 285, and a part of City Lot Nos. 22, 36 and 38. The area of this request represents approximately 70 acres. There were no proponents or opponents present. Following a report of approval by the Planning and Zoning Commission, motion was made by Schneider seconded by Miller that the petition be approved. Motion carried. 6. THE FOLLOWING ORDINANCE WAS PRESENTED: ORDINANCE NO. 73-15 AN ORDINANCE AMENDING CHAPTER FOURTEEN OF THE DENTON CODE OF ORDINANCES, AS AMENDED, BY MAKING IT UNLAWFUL FOR ANY PERSON TO DISPLAY IN PUBLIC OFFENSIVE SEXUAL MATERIAL IN SUCH A MANNER THAT SAID DISPLAY IS EASILY VISIBLE FROM OR ON ANY PUBLIC STREET, SIDEWALK, RESIDENCE, TRANSPORTATION-FACILITY OR PRIVATE PROPERTY; DEFINITIONS; DECLARATION OF SAME TO BE A PUBLIC NTJISANCE; EXEMP_TION; .MAKING THIS ORDINANCE~' CUMULATIVE OF PRIOR ORDINANCES; REPEALING CERTAIN ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A . PENALTY; AND PROVIDING AN EFFECTIVE DATE. City Attorney Ralph Mann briefed the Council and gave highlights of the proposed ordinance to a packed Council Chamber of interested citizens. The Mayor invited citizens to speak relative to the ordinance, resulting in sixteen speaking in favor of its passage and one, the Attorney for the owner of the Rancho Theater, speaking in opposition. Motion was made by Jester, seconded by Kibler that the Ordinance be passed and that it become effective June 1, 1973. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. May 15, 1973 Continued 7. THE COUNCIL CONSIDERED THE FOLLOWING PLATS: (A) The plat of Hollyhills, a replat of Lots 12, 13 and 14, Block 4-R and part of Blocks 4 and S, Southridge Center (This plat involves the vacating of an easement). (B) The revision of the first replat of Block I, Southridge Center being at the southeast corner of Interstate 35 and Teasley. (This plat involves the vacating of an easement). Following a brief discussion, motion was made by Jester, seconded by Schneider that both of the above plats be approved with no expense to the City, and that the Mayor be authorized to sign both replats. Motion carried. 8. THE FOLLOWING ORDINANCES WERE PRESENTED: (A) ORDINANCE NO. 73-16 AN ORDINANCE AMENDING CHAPTER 17, ARTICLE V, SECTION 17-61 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING AN ARTICLE TO PERMIT THE USE OF POLYETHELENE TUBING AND FITTINGS FOR UNDERGROUND NATURAL GAS LINES OUTSIDE OF BUILDINGS; AND DECLARING AN EFFECTIVE DATE. Motion was made by S~hneider, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) PROPOSED ORDINANCE AMENDING BUILDING CODE Motion was made by Schneider, seconded by Kibler that the proposed Ordinance amending Chapter 5, Article II, Section 5~14 of the Code of Ordinances of the City of Denton, Texas, by,riding a section of the Building Code be tabled for further study. Motion carried. (C) ORDINANCE NO. 73-17 (Mr. Griffin) AN ORDINANCE A~N~r~XING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 85.165 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE THOMAS PEACOCK SURVEY, ABSTRACT NO. 1589, A. GIBSON SURVEY, ABSTRACT NO. 498 AND C. POULLALIER SlJRVEY, ABSTRACT NO. 1006, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS SF-16 SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 9. Motion was made by Kibler, seconded by Jester that a voucher in the amount of $1,619.55 to Calvert Motor Company be approved for payment. Motion carried. 10. THE FOLLOWING ORDINANCE WAS PRESENTED: ORDINANCE NO. 73-18 AN ORDINANCE AMENDING ORDINANCE NO. 72-49 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, DECLARING THE NECESSITY FOR AND ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Miller, seconded by Kibler that the Ordinance be passed with the effective date June 5, 1973. On roll call vote Kibler voted "aye", Schneider voted "aye", Miller voted "aye", Jester voted "aye".andNeu voted "aye". Motion carried. May 15, 1973 Continued 11. Motion was made by Jester, seconded by Kibler that Monday, May 28, 1973 be designated as the official Memorial Day Holiday for City employees. ~otion carried. 12. Motion was made by Jester, seconded by Schneider that Mayor Bill Neu be designated as official delegate from the City of Denton to the North Central Texas Council of Governments. Motion carried. ~eting adjourned at 7:45 p.m. ~ Y~tYOR Municipal Building June S, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June S, 1973, at ?:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of May iS, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8005 Yearly Water and Sewer Warehouse Supplies Motion was made by Miller, seconded by Schneider that the bid be award- ed as follows, as recommended by the City Manager: Item 1 thru S Clay Pipe Bowles and Eden Item 6 thru 19 Brass Goods Trans-Tex Supply Item 20 thru 21 Curb Stop Ball Valves Industrial International Item 22 thru 54 Pipe Clamp, Full Circle Fitting Supply Company Item 33 thru 44 Full Circle Tap Clamp Fitting Supply Item 43 thru SO Repair Clamps Fitting Supply Item SI thru S6 Compression Couplings Trans-Tex Item S? thru S8 Meter gouplings Trans-Tex Item S9 thru 63 Iron Ductile Pipe U.S. Pipe & Foundry Item 64 thru 68 Cast Iron Pipe Lone Star Steel Item 69 thru ?4 Fire Hydrants, Wrenches and Extensions Bowles and Eden Item ?S thru 79 Gate Valves, Cast Iron Trans-Tex Item 80 thru 88 Tapping Valves Bowles and Eden Item 89 thru 10S Tapping Saddle for Con. Pipe Gilford-Hill Item 106 thru 127 Tapping Saddles~ Cast Iron Fitting Supply Item 128 thru 129 Manhole Rings and Lids Universal Supply Item 1S0 thru 136 Bronze Gate Valves Trans-Tex Supply Item 137 thru 142 Valve Boxes, Lids, Extensions and Bases Fitting Supply Item 143 thru 146 Water Meter Boxes Universal Supply Motion carried. June 5, 1973 Continued (B) #73-8006 Two Street Sweepers Motion was made by Kibler, seconded by Jester that the bid be awarded to the low bidder, Martin Equipment Company for two Mobil TE-4 street sweepers at a low bid of $19,954 each, for a total for two of $39,908, less trade-in of $5,000 each, leaving a net total of $29,908. Motion carried. 3. Motion was made by Schneider, seconded by Jester that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1200,~t~r. equest of Dr. Miriam E. Donaldson asking that she be granted a specific use permit ~Q~the operation of a kennel with outside runs or pens at 2024 Kendolph which i§ in an Agricultural district. This property is further described as being located south of Willowwood Street, approximately 180' along the west side of Kendolph Street. The City Tax Records designate this property as City Block No. 3036, Lot Nos. 1.2 and 1.3. The area of this land is approximately 3 acres. Motion carried. 4. PUBLIC HEARINGS: (A) A Public Hearing was held on Z-1197, the appeal of Mr. John Porter requesting that the zoning classification in the 4300 block of 1-35 be changed from the Agricultural (A) to the General Retail (GR) classification. This property is further described as being situated between Greenway Club Estates and 1-35. Colonial Drive connects with this property on the south side. The City Tax Records designate this property as City Block No. 4070, Lot No. 11. The area of this land represents approximately 3.5 acres. After hearing one proponent and three speaking in opposition and a recommendation of denial by the Planning and Zoning Commission, motion was made by Jester, seconded by Kibler that the petition be returned to the Planning and Zoning Commission and that the Council recommend office zoning. A discussion followed, resulting in Jester and Kibler withdrawing their motion. Motion was then made by Schneider, seconded by Miller that the petition be denied. Motion carried. (B) A Public Heari~ was held on Z-1198, the petition of Mr. Walter M. Jest requesting that the zoning classification at 2000 Denisen be rezoned from the Multi-family (MF-1) to the General Retail (GR) classification. This property is further described as being situated between University Drive to the south and Henry Street to the north and is located along the east side of Denison Street. The City Tax Records designate ~is property as City Block No. 440 Lot No. 8. The dimensions of this property are approximately 100' x 110' After hearing one proponent and no opposition, motion was made by Jester seconded by Schneider that the petition be approved. Motion carried. 5. Motion was made by Kibler, seconded by Miller that the following vouchers be approved for payment: #6166 Peele Equipment Company $1,441.47 P. O. #19296 Bill.Utter Ford $1,188.60 P. O. #19552 Brown & Brown Body Shop $1,001.06 Motion carried. 6. Motion was made by Sc~meider, seconded by Miller that a statement for the months of April and May in the amount of $800 by Norsworthy-Mercer, Inc. be approved for payment. Motion carried. 7. The Director of Utilities briefed the Council relative to payment to American Public Power Association for electric research. Motion was made by Miller to approve payment. A discussion followed, and with no second being made, Mrs. Miller withdrew her motion. Motion was then made by Jester, seconded by Schneider that the matter be tabled for further study. Motion carried. June 5, 1973 Continued 8. The Director of Utilities briefed the CoLmcil on the City power plant gas curtailment projection of Lone Star Gas Company. 9. The following Resolution was presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PARTICIPATION IN A GAS SALES AGREEMENT BY AND BETWEEN SAID CITY AS A MEMBER OF THE TEXAS MUNICIPAL POWER POOL AND THE DELHI GAS PIPELINE CORPORATION, PROVIDING FOR THE PURCHASE OF CERTAIN GAS RESERVES OWNED BY DELHI AND THE CONSTRUCTION AND OPERATION BY THE TMPP OF A GATHERING SYSTEM FOR TRANSMISSION OF SAID GAS; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND, PROVIDING THAT SAID RESOLUTION SHALL TAKE EFFECT AND BE IN FULL FORCE Ib~v~zDIATELY UPON ITS PASSAGE AND APPROVAL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton enter into a gas sales agreement by and between said City as a participant of the Texas Municipal Power Pool and Delhi Gas Pipeline Corp- oration, for the purchase of certain gas reserves owned by Delhi and the construct- ion and operation by the Texas Municipal Power Pool of a gathering system for transmission of said gas for a portion of its fuel requirements for its electric generating plants; and That the Mayor of the said City of Denton, Texas, be, and he is hereby, authorized and directed to execute if necessary, and the City Secretary of said City be, and he is hereby authorized and directed to attest for and on behalf of said City of Denton, any instruments including a certain gas sales agreement between the parties above stated, said gas sales agreement being attached hereto, marked "Exhibit A" to which reference is made for all purposes as if the same were copied in its entirety herein. SECTION II. That the expen,dit~re of funds .in~.~ayment of all sums that may become due and owing on the part~.q£~[~e~City of .Dem~ ~exas, in its capacity as a member of the Texas Municipal Pool~. under th~-[p~smons of sa~d contract be, and the same are hereby, approved. SECTION III. This Resolution shall take effect and be in full force immediately upon its passage and approval, and it is so resolved. PASSED AND APPROVED this the 5th day of June, A. D. 1973. /s/ BILL N~U, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CItY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Schneider, seconded by Kibler that the Resolution be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. June 5, 1973 Continued 10. Motion was made by Kibler, seconded by Jester that the Tax Adjustment Report for the month of May, 1973 in the amount of $1,043.15 be approved. Motion carried. 11. Mayor Pro Tem Jester, Chairman of the Nominating Committee, submitted the names of Clayton Atkins, R~ymond Pitts and Paden Neeley as members of the Board of Adjustment for 1973. Motion was made by Jester, seconded by Miller that Clayton Atkins, Raymond Pitts and Paden Neeleybe appointed to the Board of Adjustment. Motion carried. 12. Following a briefing by the City Manager and a discussion, motion was made by Kibler, seconded by Miller that Ernst and Ernst be en~loyed as City Auditors for the fiscal year 1972-73 at an estimated fee of $18,000 to $21,000. Motion carried. 13. Following a briefing by the City Manager, a report of approval by the Utilities Board and a general discussion by the Council, motion was made by Jester, seconded by Schneider t~t a letter of agreement with the City of Dallas relative to sale of raw water by Denton to Corinth and Hickory Creek be approved and that the Mayor be authorized to sign. Motion carried. 14. Leroy Haynes, Southeast Denton resident, presented a Resolution to the Council relative to needs and desires of Southeast Denton citizens. The Resolution pointed out close proximity of Oakwood Cemetery to the baseball diamonds, need of stop signs in the area, as well as railroad crossing signals, church signs and the need of more than one park in the area. The resolution also asked for blacks to be added to the administrative positions in the City government. The Mayor stated that the Council would take the matter under consider- ation. Meeting adjourned at 8:45 p.m. .... MAYOR CITY SECRETARY Municipal Building June 19, 1973 Regular meeting of the City Council,'~City of Denton, Texas, Tuesday, June 19, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESt~iNT: Mayor Pro Tern Jester, Council Members Kibler, Schneider and Miller; City Manager, City Attorney and City Secretary. ABSENT: Mayor Neu 1. Motion was made by Schneider, seconded by Kibler that the minutes of the regular meeting of June 5, 1973 be approved. Motion carried. 2. BIDS: (A) #73-?952 Truck Dump Beds Motion was made by Kibler, seconded by Miller that the portion of the bid originally awarded to Hobbs Trailer Company for dump beds be rescinded since Hobbs Trailer Company defaulted on its bid, and that the bid be awarde~ to Calvert Motor Company of Denton at a bid of $1,250 each for seven dump ~e~ as reco~mnended by the City Manager. Motion carried. (B) #73-8013 Pneumatic Rubber Tired Forklift Motion was made by Miller, seconded by Kibler that the bid be awarded to Power Lift Corporation at a low bid of $11,198.12, as recommended by the City ~nager. Motion carried. (C) #73-8010 Transformer Repair Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Miller that the bid be awarded to Greenville Transformer Company, and that the following basic guidelines be followed: (1) A list of transformers for repair giving size, description, manufacturer, Serial number and City number must be made and sent to the Purchasing Department with the proper purchase request and a purchase order will be issued before pick up of any transformers by the vendor. (2) The transformers are then picked up and signed for by Greenville Transformer and must be checked by the using department at time of pick up. (3) The vendor, Greenville Transformer, must adhere to the inspection and/or repairs of these transformers as specified in the bid, and repairs for any one transformer shall not be more than 75% of the total cost of a like transformer to the City of Denton at the time of the repair. (4) That the Purchasing Agent be authorized to cancel the bid contract should the vendor not conform with the specified terms therein. (5) That all transformers not repairable or that have excessive costs will be returned to the City of Denton yard with the repaired transformers and these unrepairable transformers shall be permanently marked as unrepairable. Motion carried. (D) #73-8015 Underground Storage Tanks Motion was made by Kibler, seconded by Miller that the bid be awarded to Gene Hill Company at a turnkey price of $7,345.09 for three ten thousand gallon tanks with two rebuilt pumps. Motion carried. Ju~le 19, 1973 Continued 3. Motion was made by Kibler, seconded by Schneider that the following petition be referred to the Planning & Zoning Commission for its recommendation: (A) Z-1201, the request of Mr. Miller Davidge requesting that the zoning classification in the 2100 block of W. Prairie be changed from the Multi- family (MF-1) to the General Retail (GR) classification. This property is further described as being located approximately 350 feet west of Avenue E on the north side of Prairie Street. The City Tax Records designate this property as City Block No. 3017, Lot Nos. 34, 3S and 36. The area of this property represents approximately one-b~lf (1/2) acre. Motion carried. 4. The following Ordinar~e was presented: ORDINANCE NO. 73-19 (Wimpy Jost) AN ORDINANCE A~ING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS ANAPPENDIXTO Tt~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS ~ID MAP APPLIES TO LOT NO. 8, BLOCK NO. 440, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THERt~IN; AND DECLARINGANEFFECTIVE DATE. Motion was made by Schneider, seconded by Miller that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Miller voted "aye" and Jester voted"aye". Motion carried. 5. THE FOLLOWING RESOLUI'IONS WERE PRESENTED: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF JUNE, A.D. 1973. RE SOLUT I ON A RESOLUTIONAUTHORIZING THE NORTH CENTRALTEXAS COUNCIL OF GOVERNMENTS TO PURCHASE LAW ENFORCEMENT RADIO COMMUNICATIONS EQUIPMENT, PHASE I (INTERCITY) IN BEHALF OF THE CITY OF DENTON, TEXAS. WHEREAS, the design of present law enforcement radio communications systems does not permit efficient restructuring of the network; and WHEREAS, the structure of the statewide system has been determined and implementation of regional systems will continne on the basis of the statewide concept established by the Texas Criminal Justice Council; and WHEREAS, the North Central Texas Council of Governments has submitted bidding specifications to prospective vendors, and the Executive Board, after considering the bids, has determined the low con,plaint bidder; and I~HEREAS, it is the opinion of this City Council that the best interest of the citizens of the City of Denton will be served by participating in this cooperative purchasing program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: (1) The City of Denton desires to participate in the cooperative purchase of law enforcement radio communications equipment, Phase I. (2) The North Central Texas Council of Governments is authorized to enter into binding contracts with the low compliant vendor and to purchase communications equipment in behalf of the City of Denton. (3) This City understands that the Texas Criminal Justice Council is providing 75% funding and that the amount of $1,679.00 is our matching share for the purchase of the equipment and the administrative cost of the project. (4) To display the City's desire to participate in this program, a copy of this resolution will be forwarded to the North Central Texas Council of Governments. (5) The City's matching share will be forwarded to the North Central Texas Council of Governments in August or September of 1973. June 19, 1973 Continued PASSED AND APPROVED this the 19th day of June, A. D. 1973. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: W. RALPH MANN, CITY A1TORNEY CITY OF DENTON, TEXAS Motion was made by Miller, seconded by Schneider that the Resolution be passed. On roll call vote Schneider voted "aye", Kibler voted "aye" ,.-Miller voted "aye" and Jester voted "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID, CITY ON THE 19TH DAY OF JUNE, A.D. 1973. RESOLUT ION~ RESOLUTION AUTHORIZING THE NARCOTIC AND DANGEROUS DRUG ENFORCEMENT UNIT FROM THE TEXAS CRIMINAL JUSTICE COUNCIL. WHEREAS, during the month of February, 1973, the Grand Jury of Denton County released a statement calling for immediate action to curtail the illegal sale and use of narcotics and dangerous drugs in Denton; and WHEREAS, the Texas Department of Public Safety and the Federal Drug Abuse Law Enforcement Unit have gathered information that indicates that Denton may rank as high as second in the State of Texas regarding the distribution and sale of illegal drugs; and ~ttEREAS, the City of Denton has a narcotic and dangerous drug problem from the college level to the junior high school; and WHEREAS, the Denton Police Department has not been able to address itself effectively to this problem due to the lack of existing funds and manpower; and WHEREAS, if the City of Denton receives the Narcotic and Dangerous Drug Enforce- ment Unit Grant, the Denton Police Department will be able to establish a continuous and sustained program in drug investigation at the local level; and WHEKFAS, it is the opinion of the City Council that the best interest of the citizens of the City of Denton will be served by receiving the narcotic and Dangerous Drug Enforcement Unit Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: (1) The City of Denton desires to participate in the Narcotic and Dangerous Drug Enforcement Unit Grant. (2) The City understands that the Texas Criminal Justice Council is providing the amount of $66,571.00 for a two year period beginning October 1, 1973 to September 30, 1975, and the amount of $32,231.66 is our matching share of the project. June 19, 1973 Continued (3) The City understands that the Texas Criminal Justice Council is providing the amount of $35,296.25 for the year beginning October 1, 1973 to September 30, 1974, and the amount of $16~509.86 is our matching share for the first year of the project. (4) The City of Denton intends to continue the program of drug enforcement at the local level by the Denton Police Department after the expiration of the grant providing the project has been successful. PASSED AND APPROVED this the 19th day of J~me, A.D. 1973. /s/ BILL NEU, MAYOR ATTEST: /s/ BROCKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, ASST. CITY A]TFORNEY Motion was made by Kibler, seconded by Miller that the Resolution be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye" and Jester voted "aye". Motion carried. (C) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAl, BUILDING OF SAID CITY ON THE 19TH DAY OF JUNE, A.D. 1973. RE SOLUT I ON RESOLUTION ESTABLISHING A CITIZENS TRAFFIC SAFETY SUPPORT CO~4ISSION. WHEREAS, the City Council of Denton recognizes that traffic safety and ease of traffic movement through the City of Denton are important in the development of the City of Denton; and WHEREAS, the improvement of traffic safety requires an informed and concerned citizenry; and WHEREAS, there is in the Texas Traffic Safety Plan 1972-1977, the recommendation for cities to create a Traffic Safety Support Group for the implementation of the community impact program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: (1) That there is hereby established a citizens traffic safety support commission, composed of nine (9) members who shall be appointed by the City Council. (2) That the Commission be composed of citizens of the City of Denton. (3) That the powers and duties of the Commission shall be as follows: (a) To encourage and promote programs and campaigns within the community which will bring about citizen awareness and support of traffic safety. (b) To receive and consider information of a traffic safety nature that they may be made aware of. (c) To make recommendations to those public officials who can administer and implement co-rective action on matters of traffic safety and traffic congestion. (d) To appoint such citizens, as may be deemed necessary, as non voting members, subject to approval of the City Council, to assist in accomplishing programs and studies of the Commission. June 19, 1973 Continued (4) The Commission shall serve as an Advisory Commission to the community but shall not have responsibility or authority over the public officials or employees of the city in the implementation of traffic safety programs or operations. (5) That the terms of office of the members of the Commission except for the Traffic Safety Coordinator, shall be two (2) years with five (5) members being appointed for one (1) year term, and four (4) members being appointed for two (2) year terms at the outset. The initial members appointed to the Contmission will draw lots to determine which ones receive the two year term at the outset. (6) That the Commission may set up its own rules of procedure, select its own chairman, provided, however, that the Traffic Safety Coordinator of the City of Denton shall serve as Secretary and Ex-officio member to the Commission. PASSED AND APPROVED this the 19th day of June, A.D. 1973. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Schneider, seconded by Miller that the Resolution be passed. On roll call vote Kibler voted "aye~, Schneider voted "aye", Miller voted "aye" and Jester voted "aye". Motion carried. 6. Mayor Pro Tern Jester read a proclamation proclaiming June 1-7, 1973 as National Safe Boating Week. 7. cONSIDERATIONS: (A) The Council considered the request of Four M Developers to vacate a fifteen (]5') foot side utility easement between lots one (1) and two (2) in Block 2, Section Four of the Headlee Addition. Following a briefing by the Director of Community Development, motion was made by Schneider, seconded by Kibler that the request of Four M Developers be approved and that the Mayor be authorized to sign a quit claim deed. Motion carried. (B) L.A. Nelson, President of the Denton Chamber of Commerce, proposed a lease agreement between the Chamber of Commerce and the City of Denton to lease a parcel of City-owned land for the construction of a new Chamber office with the lease based upon the following terms: (1) The term of the lease would be for 25 years, at an annual rental of $1.00. (2) The Chamber of Commerce would immediately build and construct a building on the property composed of approximately 3500 square feet, at an approximate cost of $70,000, including site preparation,~parking and landscaping. (3) The Chamber of Commerce would assume full responsibility for general upkeep, maintenance and repair to the building and property during the term of the lease. Additionally, all insurance premi~ns and utilities would be paid by the Chamber. (4) At the expiration of the 25 year term of the lease, the City of Denton would acquire full ownership of the building and improvements, free and clear of any indebtedness or obligations. (Property located at the Northeast intersection of Parkway Street and Carroll Boulevard.) U4ti June 19, 1973 Continued Motion was made by Schneider, seconded by Miller to call a special meeting on or before June 26, ].973 to consider this matter further and to notify the appropriate people. Motion carried. 8. The Council considered approval of payment to American Public Power Association for electric ~esearch which was tabled at the meeting of June 5, 1973. Following a briefing by the Director of Utilities, motion was made by Kibler, seconded by Miller that payment to American Public Po~er Association for electric research be approved in the amount of ~$2,285. Motion carried. 9. The Director of Comm~mity Development reported on the current revision of the City Comprehensive Development Plan and supplied each Council member with a report of this plan. Motion was made by Schneider, seconded by Kibler to acce~t the report and approve ~ continuation of the project. Motion c,arried.' (Report is filed in packet #4715 in the official City files.) 10. Motion was made by Schneider, seconded by Kibler to announce the names of the members of the Municipal Boards on Tuesday, June 26, 1973. Motion carried. Meeting adjourned at 8:30 p.m. Municipal Building June 26, 1973 Special called meeting of the City Council, City of Denton, Texas at 12 noon, Tuesday, June 26, 1973. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, Assistant City Attorney and City Secretary 1. The Council considered the lease proposal of the Denton Chamber of Co~nerce for property located at the northeast intersection of Parkway and Carroll Boulevard. This matter was tabled at the regular meeting of June 19, 1973. Following a briefing by the City Manager, motion was made by Jester, seconded by Kibler to direct the City Attorney to prepare a lease agreement with the Denton Chamber of Commerce, such agreement to include the following conditions: (a) The Council shall approve plans and specifications of the proposed building. (b) The building shall be constructed of masonry or glass. (c) There shall be no ingress or egress on Carroll Boulevard. (d) The construction shall meet all City building and zoning ordinances. (e) The lease must be accepted within 180 days and the construction must begin within 180 days. (f) The building shall be completed within one year from start of construction. Motion carried. June 26, 1973 Continued 2. Mayor Pro Tem Jester, Chairman of the Personnel Con~nittee of the Council, read committee recommendations for City Boards and Commissions. Motion was made by Jester, seconded by Schneider that the following citizens be named to the indicated boards and commissions: BOARD FIRST APPOINTED PRESENT TERM Airport Advisory Board _ Skim~ey Crouch 6-66 6-73 to 6-75 Byron Smith 6-73 6-73 to 6-75 Dr. A1 Crawford 6-73 6-73 to 6-75 Board of Adjustment Dr. Ruth Anderson 67 6-73 to 6-75 Harve Merrell 6-71 6-73 to 6-75 George Reaves 6-73 6-73 to 6-75 Board of Equalization (Appointed by joint Council/School) Clayton Atkins 6-68 6-73 to 6-75 Dr. Paden Neeley 6-72 6-73 to 6-75 ~ Raymond Pitts 6-73 6-73 to 6-75 ~ Building Code~lt~~ ~? ~%~ Fred Reed ~-~ ~ ~. ~._~. 6-71 ~ ..... · 6-73 to 6-75 ~ Tom Davis Original Mer~b~ 6-73 to 6-?5 George C. Goen, Jr. 6-72 ..... ~ 6-73 to 6-?5 Alternate: Bob Crouch 9-72 6-73 to 6-75 Electric Code Committee J. J. Higdon 6-71 6-73 to 6-75 W. F. Williams 6-71 6-73 to 6-75 Cliff Noble 6-71 6-73 to 6-75 Bert Moore 6-71 6-73 to 6-75 Joe Nichols 6-71 6-73 to 6-75 Alternates: Pete Chumbley 10-72 6-73 to 6-75 Don Gill 6-73 6-?3 to 6-75 Flow Memorial Hospital Board Dr. Charles Saunders - City 3-67 10-73 to 10-75 Dr. George E. Holladay - City 6-73 10-73 to 10-75 Walter C. Ray - County A1 Testa - County Library Board Dr. J. B. Culpepper 6-71 6-73 to 6-75 O. H. Bailey 6-69 6-73 to 6-75 Mrs. J. L. Carrico 6-71 6-73 to 6-75 Joe Skiles 6-71 6-73 to 6-75 Morris Kibler (Council) 6-?3 6-73 to 6-75 Parks & Recreation Board F. W. Cothern 6-69 6-73 to 6-75 Mrs. Pat Cheek 6-71 6-73 to 6-75 Clyde Wright 6-71 6-73 to 6-75 Plam~ing & Zoning Commission Bob ~nning 6-69 6-73 to 6-75 Milton Hill 6-73 6-73 to 6-75 Ann Powell 6-73 6-73 to 6-75 Plumbing & Mechanical Code Board Millard Heath 6-72 6-73 to 6-75 Fred Korioth 6-72 6-73 to 6-75 Joe Evans 6-72 6-73 to 6-75 Bob Turnbull 6-72 6-73 to 6-75 To~y Turner 6-72 6-73 to 6-75 June 26, 1973 Continued BOARD FIRST APPOINTED PRESENT TERM Public Housing Authority Dr. Paul Young 5-70 6-73 to 6-75 Herman Herod 5-70 6-73 to 6-75 Public Utility Board William C. Davis 6-69 6-73 to 6-75 Motion carried. 3. Motion was made by Jester, seconded by Miller to invite retiring board and commission members to the first regular meeting in July to present appreciation awards. Motion c~ried. 4. Motion was made by Schneider, seconded by Kibler that the first regular meeting in July be held on [~ly 2 at 7 p.m. Motion carried. Meeting adjourned at 12:30 p.m. MAYOR Mu~icipal Building July 2, 1973 Regular meeting of the City Co~mcil, City of Denton, Texas, Monday, July 2, 1973 at 7 p.m., in the Council Ctmmbers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler, Schneider and Miller; City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Miller that the minutes of the regular meeting of June 19, 1973 and the special meeting of June 26, 1973 be approved. Motion carried. 2. BIDS: (A) #73-801~ Tires and Batteries Motion was made by Schneider, seconded by Jester that the bid be awarded as follows, as recommended by the CityManager: that Sam Laneybe awarded the bid for batteries, but if the price freeze is lifted, prices subject to increase according to goverr~ent regulations, not to exceed 2 1/2% during the life of the contract; that the bid for tires be awarded to the over-all low bidder, Goodyear Tire Compa~. Motion carried. (B) #73-8025 Tree Tri~ning Service Motion was made by Jester, seconded by Kibler that the bid be awarded to Blume System Tree Service at a bid of $133.68 per eight hour day. Motion carried. 3. Following a briefir~g by the City Attorney, motion was made by Jester, seconded by Kibler that the Mayor be authorized to sign a correction deed to Mr. H. H. Hudson to rectify an error in land description. Motion carried. July 2, 1973 Continued 4. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF JULY, A. D. 1973. RESOLUTION WHERF~tS, on the 22nd day of June, 1971, by prior Resolution of this Council, the ~yor of said City was authorized to pledge the proceeds due the City of Denton under Paving Assessment Program No. 6, and the assessment for University Drive West, and to execute a promissory note for the total thereof payable to the First State Bank of Denton, Texas, payable one year from the date of execution of said note, at a rate of four (4%) per cent annual interest; and WHER}~]AS, payments have been made upon said note reducing the balance thereon now due and payable at said banking institution; and WHEPd~iRS, it is determined that it is still in the best interest of said City that said note previously executed by the Mayor in behalf of said City extend the terms of said note for an additional one year period, now therefore BE IT RESOLVED BY ~E CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That said note previously executed and described above be extended for an additional one year period at four (4%) per cent annual interest thereon; and That Bill Neu, Mayor of the City of Denton is hereby authorized to execute said note and to pledge said proceeds above described for the payment thereof. PASSED AND APPROVED this the 2nd day of July, A.D. 1973. /s/ ATTEST: BILL NEU, ~tYOR CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY APPRO/ED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Miller voted "aye", Jester voted "aide" and Neu voted "aye". Motion carried. 5. The Council considered a final planned development plat of Township II which exists as a part of the general plan for PD6. Following a briefing by the Director of Co~,munity Development with a report of approval by the Planning & Zoning Conmission, motion was made by Jester, seconded by Miller that the final plat be approved subject to an agreement between the City of Denton and the owner of the property that either the owner of the property or a home owners association maintain the median islands and islands within the cul-de-sacs. Motion carried. 6. Motion was made by Jester, seconded by Schneider that the Tax Adjustment Report for June, 1973 be approved in the amount of $670.84 and that the City staff contact the State Legislature relative to a law to tax automobiles from the registration date of the automobile. Motion carried. July 2, 1973 Continued 7. Mayor Neu recognized and presented Municipal Service Appreciation Certificates to retiring board and con~nission members who were present. The Mayor stated that several of the retiring members were unable to attend. The Mayor and other members of the Council expressed appreciation for the outstanding services that these members contributed. 8. Terry Garland, Chairnmn c~ the Airport Advisory Board, presented the Annual Report on the Municipal Airport. He pointed out that there were 113,000 take offs and landings at the airport last year. He also stated that the airport area could be developed for industrial purposes and that in the not too distant future the facility would be self supporting. He added that the board had worked on the Master Plan this year, that it was being reviewed by the FAA and that State and Federal matching funds were available for airport improvements. Meeting adjourned at 7:55 p..m. MAYOR Municipal Building July 17, 1973 Regular meeting of the City Co~cil, City of Denton, Texas, Tuesday, July 17, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro 'rem Jester, Council Members Miller, Schneider and Kibler; City b~nager, Assistant City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Jester that the minutes of the regular meeting of July 2, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8026 Gas and Oil Motion was made by Schneider, seconded by Miller that the bid be awarded as follows, as recommended by the City Manager: The bid on gasoline be awarded to Ben Ivey Oil Company at 22.7¢ per gallon for ethyl or premium gasoline and 19.7¢ per gallon for regular gasoline. Prices subject to increase or decrease as the posted dealer tank wagon prices increase or decrease to Ben Ivey. Ben Ivey Oil Company limits its liability to deliver and perform according to the availability of products to Ben Ivey. The bid for oils and greases be awarded as listed below: Item 3 Motor Oil Continental Oil Co. .75¢/gal Item 4 HD Diesel Oil Continental Oil Co. .90C/gal Item 5 Non-detergent Oil Continental Oil Co. .61C/gal Item 6 Hydraulic NC Oil Caruthers Oil Co. .54¢/gal Item 7 Gear Lubricant Caruthers Oil Co. .142S¢/lb Item 8 Chassis Grease Caruthers Oil Co. .28¢/lb Item 9 Automatic Trans. Fluid Caruthers Oil Co. 1.16/gal Motion carried. July 17, 1973 Continued (B) #73-8030 Electric Meter, Etc. Motion was nude by Kibler, seconded by Jester that the bid be awarded as follows, as recommended by the City Manager: Items 1 through 17 to Nelson Electric on a draw bid. Items 18 through 25 to Len T. Deloney Co., Inc. of Dallas. Prices firm for one (1) year. Items 26 through 32 to Cummins Supply Company, less 2%, and prices firm for one (1) year. Item 33 to Priester Supply Company at $93.07 each, net, firm for one (1) year. Motion carried. (C) #73-8034 Mowers for Parks Department Motion was made by Jester, seconded by Kibler that the bid be awarded to Kelsoe Sales as follows, as recommended by the City~anager: 3 - 84" Mowers at $1,211.55 each 2 - 60" Mowers at $629.00 each for the net total of $4,892.65. Motion carried. (D) #73-8035 Fire Department Suction Hose Motion was made by Schneider, seconded by Miller that the bid be awarded to American Fire Hose Company at a low bid of $179.50 each or $1,077 total for six. Motion carried. (E) #73-8038 Fire Department Equipment Motion was made by Jester, seconded by Kibler that the bid be awarded to W. H. Lumpkin, the low bidder, for a total price of $1,500. Motion carried. (F) #73-8039 Packer Body Changeover Motion was made by Miller, seconded by Kibler that the bid be awarded to McClure Truck & Equipment for a total price of $9,898.71 as reconm~ended by the City ~anager. Motion carried. 3. REFERRAL: Motion wa~made ~j~ seconded by Klbler that the following two petitions be referred to th~l~n~~& Zoning Commission for its recommendations: (A) Z-1202, the request of Mr. L. A. Nelson, President of the Chamber of C~erce, requesting that the Chamber of Commerce be granted a Specific Use Pe~ni~ to locate within the Two-family Dwelling District (2F) an Institution of Philanthropic nature (proposed Chamber of Co~nerce Building). This property is located on the northeast corner of Parkway Street and Carroll Boulevard. The City Tax Records designate this property as City Block No. 431, Lot No. 15. (B) Z-1203, the request of Mr. John Porter requesting that the zoning classification of the property located in the 4300 block of 1=35 be changed from the Agricultural District to the Office District. This property is situated between Greenway Club Estates and Interstate 35. Colonial Drive connects with this property on the south side. This property is designated as a part of City Block No. 4070,~ Lot No. 11. The area of land is approx~tely one acre. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1201, the petition of Mr. Miller Davidge requesting that the zoning classification of property in the 2100 block July 1'7, 1973 Continued of W. Prairie Street be changed from the Multi-family (MF-1) district to the General Retail (GR) District. This property is located approximately 350' west of Avenue E on the north side of Prairie Street. The City Tax Records designate this property as City Block No. 3017, Lots Nos. 34, 35 and 36. The area of this property represents approximately one-half (1/2) of an acre. After hearing one proponent and no opposition and a recommendation of approval by the Planning & Zoning Commission, motion was m~de by Schneider, seconded by Miller that the petition of Miller Davidge be approved. Motion carried with Jester abstaining. 5. Motion was made by Kibler, seconded by Schneider that the following three voachers be approved for payment: P.O. #19749 Calvert Motor Co. $1,464.48 P.O. #19758 Bill Utter Ford $1,436.92 P.O. #19901 Poole Equipment Co. $1,086.85 Motion carried. 6. Mayor Pro Tem Jester, Chairman of the Nominating Committee, presented names of recommended members of the Traffic Safety Committee. Motion was made by Jester, seconded by Miller that the following named citizens be appointed to the Traffic Safety Committee, s~)ject to their acceptance: Jotm Singleton Gene Glazier Jerry Mohelnitzsky Leonard Logan Joan Har tney Popo Gonzales Nick Stabile Lovie Price Julie Dempsey Motion carried. 7. Mayor Pro Tem Jester requested that the Police Department enforce the law relative to the blocking of railroad crossings, that the City Attorney pursue each violation and that the Council be posted on citations issued. Meeting adjourned at 7:45 p.m. MAYOR CITY SECRETARY Municipal Building August 21, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 21, 1973, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Miller and Kibler; City Manager, City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Schneider that the minutes of the regular meeting of July 17, 1973 be approved. Motion carried. 2. The Mayor, in beb~lf of the City Council, presented plaques of appreciation to Joe Belken, O. L. Sargent, Fred Young and M. J. Harless, who have retired from the Municipal Electric Production Plant. 3. BIDS: (A) #73-8022 Warehouse Supplies For Electric Dept. For One Year Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Miller that the bids be awarded as follows as recommended by the Purchasing Department and the Utilities Department: WIRE AND CABLE 1-8 1st Westinghouse Supply 2nd Cummins Supply 9-11 1st Priester Supply 2nd Cummins Supply 12 1st Cummins Supply 2nd Westinghouse Supply 13o17 1st Nelson Supply 2nd Cun~nins Supply 18-30 1st Westinghouse Supply 2nd Cun~nins Supply CONDUIT AND FI/TINGS 31-46 1st Westinghouse Supply 2nd Graybar Electric 47-57 1st Cummins Supply 2nd Westinghouse Supply 58-59 1st Westinghouse Supply 2nd Graybar Electric POLE LINE HARDWARE BOLTS, NUTS AND WASHERS 60-78 Cummins Supply CROSS ARMS AND BRACES 79-80 Reject Ail Bids 81-82 Cummins Supply 83 Westinghouse Supply MISCELLANEOUS ELECTRICAL ITEMS 84-86 Cummins Supply 87-88 Westinghouse Supply 89-96 Cummins Supply 97- 98 Westinghouse Supply 99-106 C~i~ins Supply STREET LIGHTS AND LAMPS 107 Westinghouse Supply 108-123 Cummins Supply 124-133 Nelson Supply FUSES 13--~- 149 Cummins Supply MISCELLANEOUS ELECTRICAL SUPPLIES 150-151 Nelson Electric Supply 152-154 Cummins Supply 155-156 Westinghouse Supply 157-158 Cummins Supply 159 Nelson Electric Supply 160-162 Westinghouse Supply 163-166 Cummins Supply August 21, 1973 Continued INSULATORS 167-170 Nelson Electric Supply CONNECTORS 171-192 Cummins Supply 193-196 Graybar Electric Supply 197-198 Cummins Supply ALUMINUM STREET LIGHT POLES 199-203 Cummins Supply Motion carried. (B) #73-8048 Capacitors For Electric Department Motion was made by Kibler, seconded by Schneider that the bid be awarded as follows: Butler & Land of Dallas at a low bid price of $22,056; and that the bid also be awarded to Westinghouse Supply at a bid of $22,794, as an alternate or second source, with delivery by Butler and Land 18-20 weeks and Westinghouse 2-3 weeks. Motion carried. 4. Motion was made b7 Jester, seconded by Miller that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1209, the request of Mr. Walter E. Parker requesting that the zoning classification of the property located in the 2900 block of Highway 380 be changed from the Agricultural (A) to the Commercial (C) classification. This property is further described as being located on the south side of Highway 380 (University Drive) approximately 350 feet west of the intersection of Loop 288 and Highway 380. The City TaxRecords designate this property as City Block No. 178-J, Lots Nos. 12.1 and 12.2. The area of land is approximately one-half (1/2) acre. (B) Z-1210, the request of Mr. John B. Shrader, Jr. requesting that the zoning classification of the property located at 1520 Panhandle be changed from the Single Family (SF-7) 'to the Office (O) classification. This property is further described as being situated between Broadway Street and Malone Street along the east side of Malone Street. The City Tax Records designate this property at City Block No. 4006, Lot Nos. 10 and 11. The area of land for these two lots represent approximately one-half (1/2) acre. Motion carried. 5. PUBLIC HEARINGS: (A) A Public Hearing was held on Z-1205, the request of Mr. W. E. Williams, Jr., requesting that the zoning classification at 2010 Denison be changed from the Multi-family (MF-1) to the General Retail (GR) classification. This property is further described as being located at the southeast corner of Henry and Denison Street. The City Tax Records designate this property as City Block No. 440, Lot No. 8.1. After hearing one proponent and none in opposition, and a rDport of approval from the Planning and Zoning Commission, motion was made by Jester, seconded by Kibler that the petition be approved. Motion carried. (B) A Public Hearing was held on Z-1206, the request of Mr. V. R. Clearman, requesting that the zoning classification in the 2300 block of Bernard be changed from the Single Family (SF-7) to the Two Family (2F) classification. This property is further described as being located at the northwest corner of proposed Parvin Street and Bernard Street. The City Tax Records designate this property as City Block No. 350.-D, Lot No. 7. The area of land involved in this request is approximately two (2) acres. After hearing one proponent and none in opposition, and a report of approval from the Planning and Zoning Conmission, motion was made by Schneider, seconded by Miller that the petition be approved. Motion carried. August 21, 1973 Continued 6. The following Ordinsmce was presented: ORDINANCE NO. 73-20 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMIT ON PORTIONS OF EAST MCKINNEY STREET; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE . DATE: Motion was made by Kibler, seconded by Miller that ~ihe Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 7. FOR CONSIDERATION: (A) Motion was made by Kibler, seconded by Jester that action on the requested quit claiming of an 8 1/2 foot triangular easement along ~lberry Street at the intersection with Bernard Street be tabled. Motion carried. (B) Motion was made by Miller, seconded by Kibler to authorize the Mayor to sign a Quit Claim Deed to release--certain utility easements on Richard Taliaferro's property on 1-35E. Motion carried. (C) The Council discussed the proposed agreement of lease between the City of Denton and the Denton Chamber of Commerce. Motion was made by Schneider, seconded by Jester that the Mayor be authorized to sign such an agreement with section 3, line 3, last sentence to include the following: building shall be insured atmarket value and to be instmed for not less than $50,000. Motion carried. (D) Motion was made by Kibler, seconded by Miller to approve an easement to Delhi Gas Company to cross City ~roperty and to authorize the Mayor to sign said easement. Motion carried. (E) Motion was made by Jester, seconded by Kibler that the following vouchers in excess of $1,000 be approved for payment: P.O. #19960 Calvert Motor Co. $1,415.11 P.O. #19968 Bill Utter Ford $1,342.39 Motion carried (F) The Director of Utilities briefed the Council relative to authorizing the purchase of three special pumps and motors and one set of spare parts from DeLaval Turbine, Inc. to be used to pu~p fuel oil at the Steam Plant. Motion was made by Jester, seconded by Schneider that the purchase of the three pu~nps and one set of spare parts be approved as recommended by the Utilities Board and Black & Veatch Consulting Engineers. Motion carried. (G) The Council considered approval of Change Order #1 to contract with Farrow Company, Inc. which involves a reduction from contract price of ~ $7,705.63. Motion was made by Jester, seconded by Schneider that the Change Order #1 to Farrow' Company, Inc. in the reduced amount of $7,705.63 be approved. Motion carried. (H) Motion was made by Schneider, seconded by Miller to approve final payment on the following contracts related to the Unit #5 addition to the Steam Plant: General Electric Co. 4904-E20-A $ 1,703.00 General Electric Co. 4904-E-12-A 6,068.00 Empire Electric Co. 4904-D-8 44,154.13 Marley Co. 4904-M-10-A 22,978.75 Southwestern Eng. 4904-M-16-A 9,201.00 Farrow Co. Inc. 4904-D-6 105,426.75 Keystone Elect. Mfg. 4904-E-18-A 3,392.50 Motion carried. August 21, 1973 Continued (I) The Council ~onsidered the request from the Flow Memorial Hospital Board for City approw~l to accept a gift to Flow Memorial Hospital. Motion was made by Jester, seconded by Miller that the request be approved. Motion carried. (J) The Council considered the request of NTSU for approval of a temporary street use permit for bus service in the NTSU area. Motion was made by Jester, seconded by Miller that tem~orar · Y . permission be granted NTSU to use City streets for bus service. Motion carried. (K) Motion was made by Miller, seconded by Schneider that the Tax Adjustment Report for July, 1973 in the amount of $253.23 be approved. Motion carried. 8. Motion was made by Kibler, seconded by Schneider that a public hearing on the 1973-74 Municipal Budget be held on September 18, 1973 at 7 p.m. in the Council Chambers of the Municipal Building. Motion carried. Meeting adjourned at 9:15 p.m. MAYOR Municipal Building September 4, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 4, 1973, at 7:00 p.m., in the Ceuncil Chambers of the Municipal Building. PP~ESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler, Schneider and Miller; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary. 1. Motion was made by Miller, seconded by Schneider that the minutes of the regular meeting of August 21, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8056 Power Poles Motion was made by Kibler, seconded by Jester that all bids be rejected and that the Purchasing Agent be authorized to purchase power poles as needed and as available. Motion carried. (B) #73-8057 T~ping Sleeves Motion was made by ~hneider, seconded by Jester that the bid be awarded to the low evaluated bid m~eting specifications, Trans-Tex Supply Company, at the bid of $4,094.30 with ~elivery estimated at twelve to twenty-four weeks. Motion carried. ~ September 4, 1973 Continued 3. Mayor Neu, in behalf of the Council presented a plaque of appreciation to Jack Doyle who retired from the City after 40 years of service. 4. Motion was made by Jester, seconded by Kibler that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1213, the petition of Mr. Ben Parks requesting that the zoning classification in the 200-1100 block of Woodrow Lane be changed from the Agricultural (A) to the Planned Development (PD) classification. This property is further described as being located on the east side of the intersection of Woodrow and Morse Streets and to the north side of the City Power Plant. This property also exists along both sides of Pecan Creek. The City Tax Records designate this property as City Block No. 276~B, Lot Nos. 6, 7 and 8 and City Block 276-D, Lot No. 1. Motion carried. 5. PUBLIC HEARINGS: (A) A Ih]blic Hearing was held on Z-1204, the request of Henry S. Miller and Associates, requesting that approximately 12 acres, on the southwest corner of Hobson and F.M. Road 2181 be changed from the Agricultural (A) classification to the Single Family (SF-10) classification with general plan acceptance on a part of this acreage for a Planned ~evelopment classification. The remainder of the total acreage involved in this request, approximately 59 acres, which is located outside the ~Qrporate limits, is being requested for annexation to the City and also zoning to a Single Family (SF-10) classification with general plan acceptance on a part of this acreage for a Planned Development classification. The total area of land, approximately 9 acres, requested for the City limits is further described in the tax records as City Block No. 285, Lot No. 39. After hearing 1 proponent and none in opposition and a report by the Planning and Zoning Commission, motion was made by Miller, seconded by Kibler that the portion of land in the City limits be changed from the (A) classification to the Single Family (SF-10) classification and that the staff be authorized to prepare necessary legal documents for annexation for the remainder of the petitioners request, with general plan acceptance and approval by the City Council. Motion carried. (B) A Public Hearing was held on Z-1208, the request of Buford Harrison requesting that the zoning classification in the 3300 block of Hifhway 380E be changed from t~leAg~ultura! (A) to the Commercial (C) class~ ification. This property is further described as being located on the north side of Highway 380E. Jerry's Marine Sales exist across from this property on the south side of Highway 380E. The City Tax Records designate this property as City Block No. 187-3, Lot No. 10. The area of land is approximately 3 acres. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be approved. Motion carried. (C) A PuB'lic'H~rin~"w~s held on S-68, the petition of John K. Milne requesting that %.~c~ic u~D ~e,rmit be granted for the operation of a fraternity house at 1005-H~g~Y~d.' Thfs property is further described as being located in the middle of the block between Welch and Bernard Street on the south side of Highland Street. The City Tax Records designate this property as City Block No. 341, Lot No. 6. The dimension of the property are approximately 100' x 220'. After hearing 1 proponent and none in opposition, motion was made by Kibler, seconded by Miller that the petition be approved with the following conditions: (1) This specific use permit shall be revoked if it is no longer used by Delta Sigma Pi. (2) The total number of occupants living on this property shall be limited to a maximum number of 6 persons at any one time. (3) Three off-street paved parking spaces shall be provided. Motion carried. 158 September 4, 1973 Continued 6. The following Ordinances were presented: (A) ORDINANCE NO. '73-21 (W. E. Williams) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 8.1, CITY BLOCK NO. 440 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-22 (V. R. Clearman) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS S~\ID MAP APPLIES TO LOT NO. 7, CITY BLOCK NO. 350-D AS SHOWN THIS DATE ON THE OFFIC[UIL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Miller voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye'-'. Motion carried. 7. CONSIDERATIONS: (A) The Council considered approval of a price increase for the Hickory Creek Marina. Following a briefing by the City Manager, motion was made by Jester, seconded by Kibler that the price increase be approved if prices are no higher than prices at the Hundley Marilm located on old Lake Dallas. Motion carried. (B) Motion was made by Kibler, seconded by Schneider that payment of an invoice- 'from Ernst & Errmt for auditing services in the amount of $4,700 be approved for payment. Motion carried. 8. Motion was made by Scimeider, seconded by Miller that final payment to Federal Pacific Electric Company for power transformers be approved in the amount of $18,789.28. Motion carried. 9. Motion was made by Sclmeider, seconded by Kibler to authorize the Purchasing Department .to advertise for bids for a 55,000 barrel diesel storage tank. Motion carried. 10. . Lovie Price, a citizen of Southeast Denton, expressed concern for the inconvenience of seal coating on southeast Denton streets. She was advised by the Assistant City Ymnager that this problem will be alleviated in time by traffic flow, and that seal coating adds extra protection and longer wear to streets. Meeting adjourned at 8:21 p.m. CITY SECRETARY Municipal Building September 21, 1973 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, September 18, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Kibler and Schneider; City Manager, City Attorney and City Secretary 1. Motion was made by Kibler, seconded by Schneider that the minutes of the regular meeting of September 4, 1973 be approved. Motion carried. 2. REFERRAL: Motion was made by Jester, seconded by Kibler that the following three petitions be referred to the Planning & Zoning Commission for its recommendations: (A) Z-1212, the petition of Mr. Larry R. Gill, requesting that the zoning classification in the 100-400 block of Loop 288 be changed from an Agricultural (A) to a Planned Development (PD) classification. This property is further described as being a 172.3 acre tract of land located on the south side of East McKinney Street and divided into two parcels by Loop 288. Pecan Creek borders this property on the south side. The City tax records designate this property as City Block No. 276-C, Lot Nos. 5, 12.1, 13 and 14; City Block No. 276-D, Lot No. 3; City Block No. 187-2, Lot No. 9. (B) S-69, the request of Ms. Sarah U. Stone requesting that she be granted a specific use permit for the operation of a day nursery or kindergarten school in an Agricultural (A) district at 1600 Bonnie Brae. The building is approximately 9,000 square feet with a concrete foundation, concrete block walls, and composition roof. The property include§ a swinming pool approximately 100' x 106' surrounded by a six foot chain link fence and a fenced playground area. The property consists of approximately 2.01 acres of land. (C) S-70, the request of Ms. Sarah U. Stone requesting that she be granted a specific use permit for the operation of a swim club in an Agricultural (A) district at 1600 Bonnie Brae. The building is approximately 9,000 square feet with a concrete foundation, concrete block walls and composition roof. The property includes a swimming pool approximately 100' x 106' surrounded by a six foot chain link fence and a fenced playground area. The property consists of approximately 2.01 acres Motion carried. 3. Richard Stewart, Vice Chairman of the Airport Advisory Board presented the Airport Master Plan Study, prepared by the firm of Shimek, Roming, Jacobs & Finklea. Motion was made by Jester, seconded by Kibler that the Master Plan Study be accepted. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on the Municipal Budget for the fiscal year 1973-74. The City Manager. presented remarks concerning specific areas contained -- in the proposed budget and gave highlights of same. There were no citizens present to comment on any portion of the budget. The following Ordinance was presented: Sept~nber 21, 1973 Continued ORDINANCE NO. 73-23 AN ORDINANCE ADOPTING THE B~)GET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1!)73, AND ENDING ON SEPTEMBER 30, 1974; REVISING THE BUDGET FOR THE PRECEDING FISCAIiYEARENDING ON SPETt~fBER 30, 1973; LEVYING TAXES FOR THE YEAR 1973 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Miller, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 5. The following Ordinances were presented: (A) ORDINANCE No. 73-24 (Buford Harrison) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS ANAPPENDIXTOTHE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS ~klDMAPAPPLIES TO LOT NO. 10, CITY BLOCK NO. 187-3 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Schnoider, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schenider voted "aye", Miller voted "aye", Jester voted "aye!' and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-25 (David W. Gleeson) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE C(~E OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAPAPPLIES TO LOT NO. 39, CITY BLOCK NO. 285, AS SHOWN THIS DATE ON THE OFFICIAL TAXMAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARINGANEFFECTIVE DATE. Motion was made by Miller, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye",~ester voted "aye" and Neu voted "aye". Motion carried. 6. CONSIDERATIONS: (A) The Council considered "no parking at any time" on both sides of Parkway, from Austin to Carroll. Mrs. Balthrop and Mrs. Bass, owners of Tot & Teen Shop on Parkway, asked that a curb be removed in order to improve the off street parking in front of Tot & Teen. Council Member Miller suggested ~hat the Traffic Department make a study of this request and submit a report to the Council. Motion was made by Kibler, seconded by Miller to table the matter for further study until the next regular meeting. Motion carried. (B) The Council oonsidered the proposed agreement between and among North Central Texas Council of Governments and units of local governments for the development of a Regional Water Supply Plan. The City Manager explained the purpose of the agreement and answered questions from Council members. Motinnwas made by Kibler, seconded by Miller that such an agreement be approved. Motion carried.~ September 21, 1973 Continued (C) The Council discussed a proposed contract for water supply and a proposed sewage disposal contract between the Town of Cerinth and the Town of Hickory Creek. Following a briefing by the City Manager and a question and answer period, motion was made by Schneider, seconded by Jester to approve a water supply contract and a sewage disposal contract between the Town of Corinth and the Town of Hickory Creek, and to authorize the Mayor to sign these two contracts. Motion carried. (D) The Council discussed a proposed Texas Municipal Power Pool Agreement to reimburse Texas Utilities Fuel Company for certain piping and other facilities being installed at the Caddo Mills Fipeline Terminal. Following a briefing by the Director of Utilities and a report of approval by the Utilities Board, motion was made by Jester, seconded by Kibler that such an Agreement be approved. Motion carried. (E) The Director of Utilities requested authority to advertise for bids :for a 110,000 barrel fuel storage tank and-related facili~ties to be jointly owned~and ope~ated.~by-~he~memBer~ off,he ~oxas~.~Munici~al Power~om~eat the ~addo Mills ~ipeline T~rminal. Motion was made by Miller, seconded by Jester to authorize the staff to advertise for bids for a 110,000 barrel fuel storage tank as requested. Motion carried. (F) The Director of Utilities requested approval to join the Texas _Municipal Power Pool to proceed with efforts to acquire joint ownership rights with Texas Utilities Company in the proposed Comanche Peak Nuclear Generating Station and with Houston Lighting and Power Company in the proposed Allen's Creek Nuclear Generating S~ation. Motion was made by Jester, seconded by Schneider to proceed with efforts to ~cquire joint ownership rights with the Texas Municipal Power Pool. Motion carried. Meeting adjourned at 9:15 p.m. MAYOR Municipal Building October 2, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 2, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Kibler and Miller; City Manager, Assistant City Manager, City Attorney and City Secretary-. 1. Motion was made by Miller, seconded by Kibler that the minutes of the regular meeting of September 18, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8063 Pa~mount Switches Following a briefing by the City Manager and the Director of Utilities advising that four replies for bids were returned, three notifying the Purchasing Agent that they were unable to meet specifications and only one bid received, motion was made by Jester, seconded by Schneider that Priester Supply Company be awarded the bid as follows: Item Quantity Description Price Extended Price I 2 Single Phase EH28E41 ~7~-8-~.67 $1573.33 2 2 Three Phase EH17E41 1798 89 3597.78 3 1 Three Phase EH17E41-A1 1898 89 1898.89 4 2 Three Phase EH29EX2 1966 67 3933.34 5 2 Three Phase EH17E41-A2 2375 56 4751.12 6A each 8~40 Amp Fuse 24 75 6B each 50-65 ~np Fuse 50 00 6C each 80 Amp Fuse 52 00 6D each 100 Amp Fuse 62 00 Motion carried. (B) #73-8068 Airport Waterwell Improvements The Manager advised that only one bid was returned after five request bids were mailed by the Purchasing Office. Motion was made by KiBler, seconded by Miller that the bid be awarded to Eli Myers Pump Sales and Service at a bid of $2,450, with December 15, 1973 as the estimated completiml date. Motion carried. (C) #73-8070 · F~.emua~s. Bunker Protective Clothing Motion was 'made ~k~l~.~ seconded by Schneider that the bid be awarded to W. H. Lumpkin at'~ ~'~++^+~a m~t total cost of $1,581.75. Motion carried. (D) Stop Sign Faces And Equipment Motion was made by Jester, seconded by Kibler to authorize the Purchasing Depar. tment .to purchase without taking bids, because of one source of product, stop sign faces and equipment for application to sign blanks at a cost of $2,023 .from 3"~4 Company~ Moti~on carried. 3. REFERRAL: Motion was made by Miller, seconded by Jester that the following nine petitions be referred to the Plamning and Zoning Commission for its recommendations: (A) Z-1214, the petition of Mr. John W. Porter requesting that the zoning classification in the 4300 block of 1-35 be changed from the Agricultural (A) to the Office (0) classification. This property is further described as being situated between Greenway Club Estates and Interstate 35. Colonial Drive connects with this property on the south side. The City tax records designate this property as City Block No. 4070, Lot No. 11. The area of land represents approximately 3 acres more or less. October 2, 1973 Continued (B) Z~1216, the petition of Mr. Robert A. Nichols, requesting that the zoning classification in the 2000 block of Willowwood be changed from the Agricultural (A) to the Single Family (SF-7) classification. This property is further described as being located on the south side of Willowwood Drive and along both the east a~d west sides of the proposed extension of Highland Park Road. The City tax records designate this property as City Block No. 3036, Lot Nos. 3 and 4, and City Block No. 3037, Lot Nos. 2, 3 and 5.' The area of land involved in this request is approximately 18 acres. (C) Z-1217, the petition of Ms. Kathleen Floyd, requesting that the zoning classification at 702-708 Bell be changed from the Multi-family (MF-1) to the General Retail (GR) classification. This property is located on the east side of Bell Street across from the~unicipal Park Swimming Pool. The City tax records designate this property as City Block No. 151, Lot Nos. 11 and 12. (D) Z-1218, the petition of Mr. Dick Foster, requesting that the zoning classification at 1028 Welch be c~nged from the Single Family (SF-7) to the General Retail (GR) classification. This property is further described as being located on the northwest corner of Collins and Welch Streets. The City tax records designate this property as City Block No. 354, Lot No. 7. (~) Z-1219, the petition of Mr. Dick Foster, representing Mr. J. D. Cole and Ms. Maggie Jones, requesting that the zoning classification at 309 Stroud Street be changed from the Two Family D~elling (2F) district to the General Retail (GR) district. This property is further described as being located on the south side of Stroud Street Between Pierce and Elm Streets. The City tax records designate this property as City Block No. 306, Lot Nos. 3 and 4. (F) Z-1220, the petition of Mr. Robert H. Heiser, requesting that approximately 45 acres in the 2600 block of Teasley Lane be changed from the Agricultural to the Single Family (SF-10) classification. This property is further described as ~eing located in the northeast corner of Hobson Road and Teasley Lane. The City tax records designate this property as City Block No. 285, Lot No. 3~. (G) S-72, the petition of Mr. Darrell E. Green requesting that he be granted a ~pecific use permit for t~e operation of a licensed private club in a General Retail (GR) district in the 800 block of Interstate 35. This tract of land, approximately 3.5 acres, is located in Southridge Center. Approximately 290 feet of this property fronts the Interstate Highway (1-35). The City tax records designate this property as City Block No. 2000-A, Lot No. 1. (H) S-73, the petition of Mr. Dick Foster, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail district at 1028 Welch. This request is contingent upon the Planning and Zoning Con~nission approving a cha~ge in zoning on this property from the Single Family (SF-7) to the General Retail (GR) classification. This property is further described as ~eing located on the northwest corner of Collins and Welch Streets. The City tax records designate this property as City Block No. 354, Lot No. 7. (I) S-74, the petitio~ of Mr. Dick Foster, representing Mr. J. D. Cole and Ms. Maggie Jones, requesting that a specific use permit be granted to operate a licensed private club in a General Retail (GR) district at 309 Stroud Street. This request is contingent upon the Planning and Zoning Co~nission approving a change in zoning on this property from a Two family Dwelling (2F) district to a General Retail (GR) district. This property is further described as being located on the south side of Stroud Street between Pierce and Elm Streets. The City tax records des~g~a~te this property as City Block No. 306, Lot Nos. 3 and 4. Motion carried. October 2, 1973 Continued 4. PUBLIC HEARINGS: (A) A public hearing was held on S-67, the petition of Mr. A1 Vick, requesting that a specific use permit be granted for the operation of a commercial parking lot at 1000 W. Prairie. This property is further described as being in the middle of the block between Welch and Bernard Street on the north side of Prairie Street. The City tax records designate this property as City Block No. 339, Lot No. 15. The dimensi6ns of the property are approximately 104' x 160'. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Co~nission, motion was made by Jester, seconded by Schneider that the petition be approved with the condition that the parking lot be paved in accordance with the zoning ordinance. Motion carried. 5. James Hawkins, 2269 W. Oak Street, requested permission to paint house numbers on curbs of City streets. Motion was made by Kibler, seconded by Miller that the request be granted. Motion carried. 6. CONSIDERATIONS: (A) The Council continued discussion on "no parking at any time" on the west side of Parkway, from Austin to Carroll, tabled at the September 18th meeting. The Council also heard a report relative to Tot and Teen Shop's parking problem. No official action taken. Motion was made by]~4iller, seconded by Jester to prohibit parking at any time on both sides of Parkway from Austin to Carroll, to be effective October 15, 1973. Motion carried. (B) The Council considered approval for one source request for spare parts for the boiler for Unit #5 Steam Turbine. The Director of Utilities briefed the Council and stated that such a purchase was recommended by the Utilities Board. Motion was made by Jester, seconded by Kibler to authorize the purchase of spare parts for Unit #5 from C. E. Powers. Motion carried. (C) Motion was made by Jester, seconded by Schneider to approve final payment to Allis Chalmers for contract 4904-M32A on Unit #5 addition to the Steam Plant in the amount of $13,676.70 as recomnended by the Utilities Department and the Utilities Board. Motion carried. (D) Motion was made by Miller, seconded by Jester to authorize the staff to advertise for bids for substation structure and for site preparation located between Myrtle and S. Locust and North of Daugherty, as recommended by the City Staff and the Utilities Board. Motion carried. (E) Following a briefing by the City Manager, motion was made by Jester, seconded by Miller to authorize the City Staff and Consulting Engineers to proceed with preparations for application for Environmental Protection Agency Funds for the City of Denton Sewer System. Motion carried. 7. Mayor Neu pointed out present and future needs of a growing Denton requiring capital improvements. He requested that the Manager set up a study session of the Council and the Planning and Zoning Cmim~ission at the Planning and Zoning Commission's next scheduled meeting to discuss capital improvements. Meeting adjourned at 8:20 p.m. ~ ~ Municipal Building October 16, 1973 ReguIar meeting of the City Council, City of Denton, Texas, Tuesday, October 16, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Miller, seconded by Kibler that the minutes of the reguIar meeting of October 2, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8069 Water Meters Following a briefing by the City Manager, motion was made by Schneider, seconded by Miller that the bid be awarded as follows, as ~ecor~nended by the City Manager: Item 1 Badger Meter $ 26.20 Item 2 Badger Meter $ 53.90 Item 3 Gamon Calmer $ 109.90 (Alternate) Badger Meter $ 115.54 Item 4 Gamon Calmet $ 165.00 (Alternate) Badger Meter $ 166.89 Item 5 Hersey Products $ 570.00 Item 6 Hersey Products $ 945.00 Item 7 Hersey Products $1980.00 Item 8 Hersey Products $ 254.75 Motion carried. (B) #73-8071 Skid Mounted Pumps Motion was ~aae~$Mi Kibler, seconded by Miller that the bid be awarded to the low bidder meeting specifications, Homelite Division of Textron Industries, in the total amount of $2,172.07. Motion carried. (C) #73-8077 Key Card Parking System Motion was made~ bM Miller,~seconded by Schneider that the bid be awarded to Automatic. Controlled Parking System Inc. in the amount of $3,658.95 (This was the only repl~ ~o four requests for bid). Motion carried. 3. The Mayor, in behalf of the Council, presented a plaque of appreciation to J. H. "Pedro" Parsons, who retired from the City Garage Department after thirty-three years of service. 4. PUBLIC HF~INGS: (A) A public hearing was held on Z-1209, the request of Mr. Walter E. Parker, requesting that the zoning classification of the property located in the 2900 block of Highway 380 be changed from the Agricultural (A) to the Commercial (C) classification. This property is further described as being located on the south side of Highway 380 (University Drive) approximately 350 feet west of the Intersection of Loop 288 and Highway 380. The City tax records designate this property as City Block No. 178-J, Lot Nos. 12.1 and 12.2. The area of land is approximately one-half acre. After hearing 1 proponent and none in opposition, and a report of approval from the Planning & Zoning Commission, motion was made by Jester, seconded by Schneider that the request be approved. Motion carried. October 16, 1973 Continued (B) A public hearing was held on Z-1213, the petition of Mr. Ben Parks, requesting that the zoning classification in the 200-1100 block of Woodrow Lane be changed from the Agricultural (A) to the Planned Development (PD) classification. This property is further described as being located on the east side of the intersection of Woodrow and Morse Streets and to the north side of the City power plant. This property also exists along both sides of Pecan Creek. The City tax records designate this property as City Block No. 276-B, Lot Nos. 6, 7 and 8 and City Block No. 276-D, Lot No. 1. After hearing 1 proponent and none in opposition, and a report of approval from the Planning & Zoning Comission, motion was made by Jester, seconded by Schneider that the ~petition be approved, subject to the following conditions: (1) That all utility easements to be abandoned by the City and all utility easements to be dedicated by the property owner be clearly specified prior to approval of the final site plan. (2) That the proposed extension of Morse Street through the dev- elopment be provided with a minimum 70 foot right-of-way across the property with the exact location to be specified and determined before approval of the final site plan. (3) That a dedication along the west property line of the entire tract be made so that Woodrow Lane will have a 70 foot right- of-way. This plan represents dedicating a minimum of 35 feet but that said dedication shall affect only the western most 35 feet of the Ben Parks tract. (4) That the property to the south of the proposed drainage easement and greenbelt as shown on the map presented be designated as "Area 1", and that the property to the north of the proposed drainage easement and greenbelt as shown on the map be designated as '~rea 2". (.5)That with regard to the development of that portion of the - tract in "Area 2"~ that no single site plan ~e presented until approval of the site plan for the development ~of ~h~ entire "Area 2" tract. ~ (6) That the developer make reasonable efforts to preserve and improve natural resources (i.e. trees, grasses and shrubs) in a marmer that will be consistent to the preservation of the environment. (7) That the final plans for the development shall include a consideration of drainage and engineering design for drainage control on the entire tract. This condition shall include showing the location of potential water, sewer, drainage structures and related facilities. (8) That in the preparation of final site plans for approval, that all such plans shall conform to the subdivision rules and regulations, that the engineering designs shall be approved by a registered professional engineer and that copies of all design calculations shall be submitted upon request of the staff members of the City of Denton. Motion carried. (C) A public hearing was held on S~69, the request of Ms. Sarah U. Stone, requesting that she be granted a specific use permit for the operation of a day nursery or kindergarten s~hool in an Agricultural (A) district at 1600 Bonnie Brae. The building is approximately 9,000 square feet with a concrete foundation, concrete block walls and composition roof. The property includes a swimming pool approximately 100' x 106' surrounded by a six foot chain link fence and a fenced playground area. The .property consists of approximately 2.01 acres of land. A public hearing was also held on S-70, the request of Ms. Sarah U. Stone, requesting that she be granted a specific use permit for the operation of a swim club in anAgricultural (A) district at 1600 Bonnie Brae. The building is approximately 9,000 square feet with a concrete foundation, concrete block walls and composition roof. The property includes a swimming pool approximately 100' x 106' surrounded by a six foot chain link fence and a fenced playground area. The property consists of approximately 2.01 acres of land. October 16, 1973 Continued After hearing 2 proponents and no opposition and a report of approval from the Planning & Zoning Commission, motion was made by Kibler, seconded by Miller that~the petitions be approved subject to the following conditions: (1) That the petitioner acquire license and permit from the state and provide proof of such to the City. (2) That the petitioner provide the staff with an emergency evacuation plan in case of fire or natural disaster. Such plan to be approved by the Chief Municipal Fire Official. (3) That the petitioner provide the staff with an emergency plan in the event of a drowning emergency. Such plan to be approved by the Chief Fire Official. (4) Access to the swimming pool or swim club and the rules governing its use shall be regulated by the requirement of membership. (5) One paved parking space for every three adults to be normally accommodated in the establishment shall be required for parking in accordance with Article 15, paragraph B(17) in the Zoning Ordinance. (6) That a circular driveway be utilized for loading and unloading to keep vehicular backing to a minimum. The driveway shall be paved and completed within two years from date of approval. (7) A sign no larger than ten (10) square feet may be permitted on the premises. Motion carried. (D) A public hearing was held on S-71, the request of the Chamber of Commerce, requesting that they be granted a specific use permit to operate an Institute of Philanthropic Nature (proposed Chamber of Commerce Building) within the Two-FamilyDwelling (2F) district located in the 400 block of Parkway. This property is located on the northeast corner of Parkway Street and Carroll Boulevard. The~it~ tax records designate this property as City Block No. 43'1~ ~.~6~.N~ 15. After hearing 1 proponent and no opposition and a report o£ approval by the Planning & Zoning Commission, motion was made by Jester, seconded by Kibler that the petition be approved subject to the following conditions: (1) That access onto property be restricted to Parkway Street only. (2) That parking be provided in accordance with Article 15, B(12) of the Zoning Ordinance which requires ten (10) spaces plus one (1) space for each employee. Motion carried. 5. The Council considered removing all parking on Londonderry from Teasley to Hollyhill and Hollyhill from Londonderry to Woodbrook. The Council was briefed by the Traffic Director, who stated that the change was approved by the Citizens Traffic Safety Committee and that parking on these streets was a safety hazard. Residents of the area spoke in favor of no parking on these streets, and there was no opposition. Motion was made by Miller, seconded by Schneider that all parking be removed on Londonderry from Teasley to Hollyhill and on Hollyhill from Londonderry to Woodbrook effective November 16, 1973. Motion carried. 6. The following Ordinances were presented: (A) ORDINANCE NO. 7~-26 AN O~DINANCEAMENDING CHAPTER 24 OF THE DENTON CODE OF ORDINANCES ~ITLED "TRAFFIC" BY ADDING A NEW ARTICLE VIII PROHIBITING VIEW OF PASSAGE OBSTRUCTIONS AT STREET INTERSECTIONS OR WITHIN PARKWAY AREAS; ASSIGNING DUTY TO KEEP SIDEWALK; PARKW, Y ANDALLEYWAY CLEAN; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SEVEP~iBILITYCLAUSEANDAUTHORIZING THE CITY SECRETARY TO PUBLISH A DESCRIPTIVE CAPTION. October 16, 1973 Continued Motion was made by Schneider, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Miller voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted'"aye". Motion carried. (B) ORDINANCE NO. 73-2? David Gleeson AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 71.90 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING A PART OF THE C. POULLALIER SURVEY, ABSTRACT NO. 1006; CLASSIFYING THE SAME AS "SF-10" SINGLE FAMILY DISTRICT PROPERTY; AND D~CLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Miller voted "a " y~ , Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Nue voted."aye". Motion carried. 7. Motion was made by Kibler, seconded by Schneider to authorize payment of a voucher to Calvert Motor Company in the amount of $1,187.66. Motion carried. 8. Mayor Pro Tem Jester, Chairman of the Nominating Committee, reported that the Committee recommends that Jerry Gage fill the unexpired term of Henry Jones on the Planning & Zoning Commission, and that John Carter be named to the Flow Hospital Board. Motion was made by Jester, seconded by Kibler that Jerry Gage fill the unexpired term of Henry Jones o.a the Planning & Zoning Commission, and that John Carter be appointed to the Flow Hospital Board. Motion carried. Meeting adjourned at 8:55 p.m. MAYOR CITY SECRETARY Municipal Building November 6, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 6, 1973, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESI~AIF: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Kibler and Miller; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Miller, seconded by Schneider that the minutes of the regular meeting of October 16, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8080 Misc. Electrical Items Motion was made by Schneider, seconded by Jester that the bid be awarded to the lowest and best bidder meeting specifications, as recommended by the City Manager, as follows: Items #2 and 3 to Nelson Electric in the amount of $2,289.31; Items #4, 5, 6, 7, 10, 12 and 13 to Cun~nins Supply in the amount of $909.51; Items #1, 8 and 9 to Graybar Electric in the approximate amount of $530.34. Motion carried. (B) #73-8081 Misc. Fittings and Supplies Motion was made by Jester, seconded by Kibler that the bid be awarded to Venson Supply Company of Dallas, the lowest and best over all bidder, for a total of $2,456.06. Motion carried. (C) #73-8082 Skid Mounted Air Compressor Motion was.made by~Kibler, seconded by Miller that the bid be awarded to Southwest Air Equi~m6ht, low bidder meeting specifications, in the amount of $1,635 for a Binks Model 33-1262. Motion carried. (D) #73-8083 Concrete Manhole for Electric System The Manager pointed out that five requests to bid were mailed but only one bid was returned. Motion was made by Miller, seconded by Jester that the bid be awarded to Brooks Products of Texas, Inc. at a bid of $850 per manhole, FOB Denton, Texas, which is a fair and reasonable bid, at a total price to the City of Denton of $3,400 for four units. (E) #73-8085 Traffic Radar Speed Gun Motion was made by Jester, seconded by Miller that the bid be awarded to C.M.I., Inc., low bidder, in the amount of $972.50 each for the two units, with total cost of two units $1,945. Motion carried. 3. REFERRALS: Motion was made by Miller, seconded by Kibler that the following six petitions be referred to the Planning & Zoning Commission for its recon~nendations: (A) Z-1221, the request by the Highland Baptist Church, requesting that the part of Central Avenue lying between Highland Street on the north and Maple Avenue on the south be closed to the general public for vehicular traffic. This request does not include the quitclaiming of the part of Central Avenue, if closed, to the property owners 170 November 6, 1973 Continued (B) Z-1222, the request of Mr. Chuck Mullinax, requesting that approximately 46 acres be rezoned from an Agricultural (A) to a Single Family (SF-16) classification in the 300 block of Hobson Road along the south side. Approximately 6 acres of this property is in the corporate limits of the City with anAgricultural (A) zoning classification and approximately 39 acres is required for annexation before zoning can be affixed to the property. The City tax records designate the property in the City as City Block No. 233-C, Lot No. 8. Montecito Subdivision exists on the east side of this property. (C) Z-1223, the request of Mr. Larry R. Gill, requesting that the zoning classification in the 100-400 block of Loop 288 be changed from an Agricultural (A) to a Planned Development (PD) classification. This property is further described as being a 172.3 acre tract of land located on the south side of East McKinney Street and divided into two parcels by Loop 288. Pecan Creek borders this property on the south side. The City tax records designate this property as City Block No. 276-C, Lot Nos. 5, 12.1, 13 and 14; City Block No. 276-D, Lot No. 3; City Block No. 187-2, Lot No. 9. (D) S-75, the request of Mr. Bob F. Cole, requesting that he be granted a specific use permit to operate a day nursery or kindergarten school in a University district at 1021 Maple. This property is further described as being located on the.:south_s~de of Maple Street approximately 150 feet east of Welch Street. The City tax records designate this property as City Block No. 342, Lot No. 3. The dimensions of this property are approximately 50' x 160'. (E) S-76, the request of Mr. Terry Harvey, requesting that a specific use permit be granted for the operation of a licensed private club in a General Retail (GR) district at 113 Avenue A. This property is further described as being situated between Mulberry and Hickory Streets along the east side of Avenue A. The City tax records designate this property as City Block No. 364, Lot Nos. 17 and iT.1. (F) S-77, the request of Mr. Paul J. Gallo, requesting that he be granted a specific use permit for the operation of a licensed private club in an Agricultural (A) district in the 4000 block of Hwy. 380. This property is further described as being located on the northwest corner of Hwy. 380 and Cooper Creek Road. The City tax records designate this property as City Block No. 187-3, Lot No. iA. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1216, the appeal of Mr. Robert Nichols, requesting that the zoning classification in the 2000 block of Willow- wood be changed from anAgricul'tural (A) to a Single Family (SF-7) classification. This property is further described as being located on the south side of Willowwood Drive and along both the east and west sides of the proposed extension of Highland Park Road. The City tax records designate this property as City Block No. 3036, Lot Nos. 3 and 4 and City Block No. 3037, Lot Nos. 2, 3 and 5. The area of land involved in this request is approximately 18 acres. After hearing 2 'proponents and 10 opponents and a report of denial from the Planning & Zoning Commission, motion was made by Jester, seconded by Miller to table the appeal for further study until the next regular meeting. Motion carried. (B) A public hearing was held on S-72, the request of Mr. Darrell Green, requesting that he be granted a specific use permit to operate a licensed private club in the 800 block of Interstate 35. This property is further described as being a tract of land approximately 3.5 acres, located in Southridge Center. Approximately 290 feet of this property fronts the Interstate Highway (1-35). The City tax records designate this property as City Block No. 2000-A, Lot No. 1. After hearing 6 proponents and 4 opponents, motion was made by Schneider, seconded by Neu that the petition for the specific use permit be November 6, 1973 Continued approved subject to the following conditions as recommended by the Planning and Zoning Commission: (1) That before the Ramada Inn con~nences operation of a private club, they must register and obtain a license approved by the Liquor Control Board. (2) That a site plan showing the proposed building layout, parking and seating for the operation of the private club and access roads to the property be submitted to the Planning and Zoning Commission for approval. (3) That this specific use permit be issued to the Ramada Inn for such time that Ramada Inn operates a motel at this location. Motion carried 3 to 2. 5 The following Ordinances were presented: . (A) ORDINANCE NO. 73-28--Walt Parker AN ORDINANCE AMF~ING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS S~4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 12.1 AND 12.2, CITY BLOCK NO. 178-J, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Miller voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 73-2@--Ben Parks AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 6, 7 AND 8, CITY BLOCK NO. 276-B AND CITY LOT NO. 1, CITY BLOCK NO. 276-D, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Miller, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Miller voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. The Council considered the recommendation from the Planning and Zoning Commission relative to the projects for municipal capital improvements. There follows pertinent excerpts from that recommendation: "That items 1 through 9 on the capital improvement list be presented to the public in a bo~d. elec~on ~s. ~ single proposal, and that items 10 and 11 be consldered.~.~same Bm~e~l~J~Dn as a separate item for public vote, and that the ~t~ '~6~h~nc~R gi~~consideration for funding of a drainage study to be included as a part of the proposal for items 1 through 9%" Three citizens expressed opinions relative to two of the proposed capital improvements. Ail three citizens indicated opposition to the extension of Bell Avenue north and any closing of Bell Avenue. Motion was made by Kibler, seconded by Miller to delete the north section of Bell Avenue from the proposed bond issue and add a drainage study, and that the legal staff of the City be directed to take the necessary legal November 6, 1973 Continued steps for the purpose of preparing an ordinance calling a bond issue election, and that the ballot be prepared for a one package vote, with the following list of projects at a total estimated over all cost of $7,500,000: 1. SOUTH CARROLL BLVD.--Hickory Street to 1-35 2 ASSESSMENT PAVING PRCOECTS 3 B£LL AVENUE--Eagle Drive to McKinney 4 MCKINNEY STREET--Carroll Blvd. to Bell Avenue 5 SHER~i~N DRIVE--Locust Street to City Limits 6 AVENUE E--Oak Street to 1-35 7 SIGNAL & INTERSECTION REVISIONS--University Drive W. of Bell Downtown Square Area 8. BONNIE BRAE--Scripture to 1-35 9. DRAINAGE STUDY 10. LOOP 288 SOUTH--Right-of-Way Only 11. LOOP 288 NORTH--Right-of-Way Only Motion carried. 7. CONSIDERATIONS: (A) Motion was made by Schneider, seconded by Miller that a voucher in the ~ount of $1,773.68 to Briggs Weaver of Dallas for repair of fork lift, parts and labor be approved. Motion carried. (B) Motion was made by Schneider, seconded by Kibler that the Tax Adjustment Report for the month of September, 1973 in the amount of $1,337.52 be approved. Motion carried. (C) Motion was made by Jester, seconded by Schneider to authorize the City Staff to advertise for bids for installation of a chain link fence complete with gates around tlhe Sewage Treatment Plant. Motion carried. (D) Motion was made by Kibler, seconded by Schneider to authorize the Staff to advertise for bids for demolition of concrete structures in the old Imhoff Sewage Treatment Plant. Motion carried. (E) The City Manager reviewed in detail a staff progress report on the use of plastic bags for residential solid waste collection. The report indicated the success of this program. 8. Motion was made by Jester, seconded by Schneider that the necessary legal documents be prepared to create SF-9, SF-12 and SF-14 zoning classifications and to present same to the Planning and Zoning Commission for its recommendations. Motion carried. 9. Motion was made by Jester, seconded by Schneider that an ordinance be prepared which would require developers to present plats showing drainage plans in proposed subdivisions. Motion carried. Meeting adjourned at 10:55 p.m. MAYOR CITY SECRETARY .Municipal Building November 20, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 20, 1973, at 7:00 p.m., in the Council Chambers of the ~4unicipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, CoLmcil Members Schneider and Miller; Assistant City Manager, City Attorney and City Secretary.~ ABSENT: City Manager and Council Member Kibler. 1. Motion was made by Miller, seconded by Schneider that the minutes of the regular meeting of November 6, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8087 Plastic Bags Motion was made by Jester, seconded by Miller that the bid be awarded to Adams Industries at a price of $2.07636 per roll, the low bidder meeting specifications. Motion carried. (B) #73-8090 Riding Mowers Motion was made by Schneider, seconded byJester that the bid be m~arded as follows: Item 1 to Goldwaites of Texas at a bid of $344.50 Item 2 to Colonial Motor Co. at a bid of $1,424 Item 3 to Colonial Motor Co. at a bid of $1,283 Motion carried. 3. REFERRAL Motion was made by Schneider, seconded by Miller that the following petition be referred to the Planning & Zoning Con~nission for its recommendation: (A) Z-1224, the petition or'Mr. Ali A1-Khafaji, requesting that the zoning classification at 3311 McKinney be changed from the Single Family (SF-7) to the Multi-family (MF-1) classification. This property consists of 4.571 acres at the northeast corner of Mockingbird Lane and East McKinney. The City tax records designate this property as City Block No. 187-B, Lot No. 2. Motion carried. 4. The Mayor reviewed the proposed projects for consideration to be included in the proposed bond election. He read a letter from the City~{anager recommending that the north and south loops of 288 be deleted from the issue. The Mayor then read the following letter from Council Member Kibler: There is an item on the agenda for the meeting of November 20, 1973, that in my opinion is of importance to the City of Denton. Reference Item #5-a which is the consideration of calling a bond election for street improvements. For sometime I have planned to be out of the City on this date, but my concern is quite strong and I would appreciate this letter being read into the minutes in mybehalf. I have reviewed the report submitted by City b~nager, Jim ~hite, and based on that information, I feel that we should give strong consideration to deleting the Loops from the project. I strongly support the street improvement project and urge the passage of this ordinance. I appreciate your letting my concern be publicly expressed and entered into the records in my absence from the City Council meeting. November 20, 1973 Continued Joe Ellis, representing First Southwest Company, the city's financial advisor, recommended that the City proceed with the bond election since it is financially capable to do so because of a good credit rating and the ability to service the bonds. He recommended the sale of $1,500,000 of bonds the first year. Council Member Scta~eider stated that he felt that citizens desired these projects. Motion was made by Schneider that the election be postponed to a later date and referred to Planning and Zoning Commission for further study. The motion died for lack of a second. Council Member Jester stated that he agreed with Council Member Schneider in many ways but that the City is behind in all areas that are included in the proposed bond election. Motion was made by Jester, seconded by Schneider that the loop projects be deleted but that all other items be included on the ballot in the amount of $6,000,000 and that they be included in one package, and that the following ordinance be passed: ORDINANCE NO. 73-30 ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS ~ COUNTY OF DENTON ~ CITY OF DENTON ~ WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found a~d determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose' of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252~17. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on December 18, 1973, in said City at the following designated polling place: THE CO~[dNITY BUILDING IN THE CIVIC CENTER. Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said election: Presiding Judge: J.L. Carrico Alternate Presiding Judge: Alma Trapp 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the _X{ayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. That said election shall be held and conducted in effect as two separate but simultaneous elections, to-wit: one election at which only the resident, qualified electors who own taxable property in the City and who have duly rendered the same for t~rxation shall be entitled to vote, and another November 20, 1973 Continued election at which all other resident, qualified electors of the City shall be entitled to vote. rl~e votes cast at each of said separate but simultaneous elections shall be recorded, returned, and canvassed separately. It is hereby declared that the purpose of holding the election in such manner is to ascertain arithmetically, with respect to a submitted PROPOSITION, (a) the aggregate votes cast at the election for and against the PROPOSITION by resident, qualified electors of the City, and also (b) the aggregate votes cast at the election for and against the PROPOSITION by resident, qualified electors who own taxable property in the City and who have duly rendered the same for taxation. Each elector shall be entitled to vote once, in accordance with the provisions of this ordinance. 5. That notice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall and at two other places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinm~ce also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. 6. That at said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $6,000,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council, for the purpose of constructing and improving streets in said City, and providing drainage and flood control facilities in connection therewith; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in aha mount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 7. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, which shall be set forth in substantially the following form: PROPOSITION FOR ) ) THE ISSUANCE OF $6~000,000 OF STREET AND ) DRAINAGE GENERAL OBLIGATION BONDS AGAINST ) 8. That it'is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITION is 30 years. 9. That Article 9, Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify: "(6) a determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limita- tions prescribed by the Constitution and laws of the State of Texas."; and The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $13,710,000, and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. November 20, 1973 Continued On roll call vote Miller voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye".. Motion carried. 5. PUBLIC HEARINGS: (A) A public hearing was held on Z-1217, the appeal of Ms. Kathleen Floyd, requesting that the zoning classification at 702-708 Bell be changed from the Multi-family (MF-1) to the General Retail (GR) classification. This property is located on the east side of Bell Street across from the municipal park swimming pool. The City t~ records designate this property as City Block No. 151, Lot Nos. 11 and 12. After hearing a report of denial from the Planning & Zoning Commission and no proponents or opponents speaking, motion was made by Schneider, seconded by Jester that the matter be tabled for further study. 5~otion carried. (B) A public hearing was held on Z-1218, the appeal of ~{r. Dick Foster, requesting that the zoning classification at 1028 Welch be changed from the Single Family (SF-7) to General Retail (GR) classification. This property is further described as being located on the northwest corner of Collins and Welch Streets. The City tax records designate this property as City Block No. 354, Lot No. 7. After hearing 1 proponent and 4 opponents and a report of denial from the Planning & Zoning Commission, motion was made by Jester, seconded by Miller that the appeal be denied. Motion carried. (S-73 was not considered because change of zoning was denied for a private club.) (C) A public hearing was held on Z-1219, the appeal of Mr. Dick Foster, representing Mr. J. D. Cole and Ms. Maggie Jones, requesting that the zoning classification at 309 Stroud Str-et be changed from the Two Family Dwelling (2F) district to the General Retail (GR) district. This property is further described as being located on the south side of Stroud Street b~tween Pierce and Elm Streets. The Ci~ tax records designate this property as City Block No. 306, Lot Nos. 3 ami 4. After hearing 1 proponent and 3 in opposition and a report of denial from the Planning & Zoning Conmission, motion was made by Miller, seconded by Schneider that the appeal be denied. Motion carried. (S-74 was not considered because change of zoning was denied for a private club.) 6. Considerations: (A) The Council considered Z-1216, the appeal of Mr. Robert A. Nichols, requesting that the zoning classification in the 2000 block of Willowwood be changed from the Agricultural (A) to the Single Family (SF-7) classification. This property is further described as being located on the south side of Willowwood Drive and along both the east and west sides of the proposed extension of Highland Park ~ad. The City tax records designate this property as City Block No. 3036, Lot Nos.~ 3 and 4 and City Block No. 3037, Lot Nos. 2, 3 and 5. The area of lamt involved in this request is approximately 18 acres. (Public hearing held November 6, 1973). After considerable discussion, motion was made by Jester, seconded by Schneider that the portion of the subdivision east of the Highland Park Road be approved for SF-16 classification and the portion west of Highland Park Road be approved for SF-10, and that any change of the subdivision plat be submitted to the City Council for final at,royal. Motion carried. November 20, 1973 Continued (B) The Assistant Manager requested that the proposed agreement between the City and County for fire protection and a resolution authorizing the ~yor to sign the agreement and an agreement for mutual aid in fire protection be delayed to a future meeting. Motion was made by Schneider, seconded by Jester that the recommendation of the Assistant City Manager be accepted. Motion carried. Meeting adjourned at 9:30 p.m. MAYOR '~'ITY SECRETARY Municipal Building December 4, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 4, 1973, at 7:00 p.m., in the Council Chambers of the Y~_nicipal Building. PRESENT: Mayor Pro Tem Jester, Council Members Miller, Kibler and Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Neu 1. Motion was made by Schneider, seconded by Miller that the minutes of the regular meeting of November 20, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8094 Startron Viewing System Motion was made by Kibler, seconded by Miller that the bid be awarded to Appollo Lasers, Inc., Javeline Electronics Div. in the amount of $2,011, two weeks ARO delivery, Net 30 days, F.O.B. Denton, Texas. Motion carried. (B) #73-8098 Sale of Scrap Meters and Junk Motion was made by Schneider, seconded by Kibler that the bid be awarded to the high bidder, Fulton Supply, at an approximate total cost of $2,604.78 and that the Purchasing Agent be authorized to sell material classified as scrap, junk, obsolete or surplus as determined advisable at a price no lower than the American Metal Market published quotation at Houston, Texas. 5~tion carried. (C) #73~8079 69KV Outdoor Bus & Associated Components Motion was made by Kibler, seconded by Schneider that the bid be awarded to Westinghouse Electric Supply Company in the amount of $51,430, with delivery in 22 weeks. Motion carried. December 4, 1973 Continued 3. REFERRAL: Motion was made by Miller, seconded by Kiblor that the following three petitions be referred to the Planning & Zoning Commission for its recommendations: (A) Z~1225, the petition of Mr. B. Carnie Marsh, requesting that the zoning at 901, 903 and 909 N. Elm be changed from an Office (0) to a General Retail (GR) classification. 'Fhis property is further described as being located on the south side of this property. The City tax records designate this property as City Block No. 423, Lot Nos. $, and 7. (B) S~78, th~ petition of Mr. S. Eric Ragir, requesting that he be granted a specif~'~mi~'.~r the operation of a private termis and swim club in a Single Fam~l~ d~Lct, at 2800 Old North Road. This property is further described as being on the east side of the intersection of Mill Pond and Old North Road. The City tax records designate this property as City Block No. 1000-19, Lot No. 1. The area of land in this request is approximately 5 acres. (C) S-79, the petition of Mr. H. T. Riney, requesting that he be granted a specific use permit for the operation of a private club in a General Retail (GR) district at 801 Eagle. The building and its property are located just south of the Eagle and IOOF Street intersection within the shopping area for the University City Apartment complex. The City tax records indicate that this property is City Block No. 316, Lot No. 10-C. Motion carried. 4. Mrs. Elinor Hughes, President of the Interagency Council for Community Services for Denton County, ~peared before the Council to discuss a program for senior citizens. She gave pertinont details of the proposed project with the expected budget. Mrs. Hughes requested that the City fund the project in the amount of $4,000 and that the samo amount was being requested from the County of Denton. She added that $24,000 of the total budget of $32,000 would be funded by the Federal Government. Mayor Pro Tem Jester advised Mrs. Hughes that the Council would take this request under consideration. 5. PUBLIC HEARINGS: (A) A public hearing was held on Z-1217, the appeal of ~s. Kathleen Floyd, requesting that the zoning classification at 702-708 Bell be changed from the Multi-family (MF-1) to the General Retail (GR) classification. This property is located o~ the east side of Bell Street across from the Municipal Park Swimming Pool. The City tax records designate this property as City Block No. 1S1, Lot Nos. 11 and 12. After hearing 1 proponent and none in opposition and a report of denial by the Planning & Zoning Commission, the City Manager recommended to the Council that the mattor be tabled. Motion was made by Miller, seconded by Schneider that the appeal be tabled until the next regular meeting in order to ~ive the City Staff an opportunity to confer further with Ms. Floyd, owner of the property involved, and to clarify zoning classification in the area. Motion carried. December 4, 1973 Continued (B) A public hearing was held on Z-1221, the request by the Highland Baptist Church, requesting that the part of Central Avenue lying between Highland Street on the north and Maple Avenue on the south be closed to the general public for vehicular traffic. This request does not include the quitclaiming of the part of Central Avenue, if closed, to the property owners. After hearing 3 proponents and none in opposition and a report of approval by the Planning & Zoning Commission, the Council discussed the request at length and were concerned about the request since the closing of a street probably should be done through normal legal procedures. City Attorney Mann stated that the street could be closed if the closing is in the best interest of the public but the Council must make this decision. The City Manager cited the need for considerable deliberation on this request. Motion was made by Miller, seconded by Kibler that the request be tabled until the next regular meeting. Motion carried. (C) A public hearing was held on S-75, the petition of Mr. Bob F. Cole, requesting that he be granted a specific use permit to operate a day nursery or kindergarten school in a University district at 1021 Maple. This property is further described as being located on the south side of Maple Street approximately 150 feet east of Welch Street. The City tax records designate this property as City Block No. 342, Lot No. 3. The dimensions of this property are approximately 50' x 160'. After hearin~ 1 proponent and none in opposition and a report of approval from the Planning & Zoning Commission, motion was made by Schneider, seconded by Kibler that the petition be approved with the following conditions: (1) That emergency evacuation plans be submitted to the Fire Chief for his approval. (2) That the permit shall apply only to the Thomas Coke Foundation for their use and operation. (3) That a State license be required for the operation of this day nursery. (4) The parking shall conform to one (1) paved space for every three (3) adult persons to be normally accommodated in the establishment (Article 15B-17). (5) That the number of children for this day nursery be limited to a maximum number of 35. (6) A sign no larger than ten (10) square feet may be permitted for outdoor advertising. Motion carried. 6. The following Ordinance was presented: ORDINANCE NO. 73-31 AN ORDINANCE AMENDING THE ZONING MAP OF TH~ CITY OF DENTON, TEXAS, AS SAM~ WAS ADOPTED AS ANAPPENDIX TO ~HE CODE OF ORDINANCES OF THE CITY OF DF~NTON, TEXAS, BY ORD~ANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 3 & 4, CITY BLOCK 3036 AND CITY LOTS 2, 3 & 5, CITY BLOCK 3037, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY D~SCRIBED THEREIN; AND DECLARING ANEFFECTIVE DAT~. Motion was made by Kibler, seconded by Miller that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye" and Jester voted "aye". Motion carried. December 4, 1973 Continued 7. CONSIDERATIONS: (A) The Council considered the request of the Traffic Safety Coordinator to prohibit right turn on red at the intersection of Malone and University during school hours only. Sign to read "No Right On Red, 8 a.m. to 4 p.m.,~Mon, thru Fri.". Following considerable discussion, motion was made by Kibler, seconded by Miller that the request be approved with the sign to read "No Right Turn On Red, 7 a.m. to 4 p.m., Mon. thru Fri.". Motion carried. (B) Motion was made by Schneider, seconded by Kibler that final payment to Westinghouse for materials furnished under contract #4904-E-14A for the Unit #5 addition to the Steam Plant be approved in the amount of $3,054.10. Motion carried. (C) Motion was made by Schneider, seconded by Miller that Change Order #1 to Austin Building Company Contract #4904-D-4 for general construction on the Unit #5 addition to the Steam Plant in the reduced amount of $35,152.45 be approved. Motion carried. (D) Following a briefing by the Director of Utilities, motion was made by Kibler seconded by Miller to reject all bids on fuel oil storage tanks. Motion carried. (E) Motion was made by Kibler, seconded by Miller to approve a quit claim deed abandoning a portion of an easement on Lot 14, Block F, Eastridge Addition and authorize the Mayor to sign same. Motion carried. (F) Motion was made by Miller, seconded by Schneider to authorize the City Staff to advertise for bids on gas metering and control equipment at the Steam Plant to facilitate tbs simultaneous use of gas from the Pitts Gas field and from Lone Star. ONe equipment will be installed by Denton, but the cost is to be shared by members of T.M.P.P.) Motion carried. 8. Weldon Knight, local attorney, requested that a plat of Wallace Simpson, denied by the Planning & Zoning Commission, be considered by the City Council. Mayor Pro Tem Jester advised Mr. Knight that he would advise if his appeal could be included on the next Council agenda. Meeting adjourned at 9:15 p.m. MAYOR C ~T~CRETARY Municipal Building December 18, 1973 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 18, 1973, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESEN]': Mayor Neu, ~yor Pro Tem Jester, Council Members Kibler, Schneider and _ Miller; City Manager, City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Miller that the minutes of the regular meeting of December 4, 1973 be approved. Motion carried. 2. BIDS: (A) #73-8091 18" Ductile Iron Pipe Motion was made by Jester, seconded by Kibler that the bid be awarded to U.S. Pipe at a bid of $5,227.20 with delivery in 45 days. Motion carried. -.. (B) #73-8093 Switchgear Building Motion was made by Miller, seconded by Schneider that the bid be awarded to the low bidder, Bell Construction Company, at a bid of $33,570. Motion carried. (C) #73-8096 Fencing of Sewage Treatment Plant Motion was made by Kibler, seconded by Miller that the bid be awarded to Denton Fence Company at a bid of $14,066. Motion carried. (D) #7S-8097 Demolition of Old Sewage Plant Motion was made by Jester, seconded by Kibler that the bid be awarded to American Empire Construction Company, low bidder, at a bid of $12,400. Motion carried. (E) #73-8095 Signblanks, Faces and Posts Motion was made by Jester, seconded by Schneider that the bid be awarded as follows: Items 1-26 and ?8-83 to Vulcan Supply Items 27-77 to 3M Company Motion carried. 3. Motion was made by Jester, seconded by Kibler that the following two petitions be referred to the Planning & Zoning Commission: (A) Z-1226, the petition of Mr. Larry Luce, requesting that the zoning classification at 2217 W. Oak be changed from the Single Family (SF-7) to the ~vo Family Dwelling (2F) classification. This property is further described as being located at the southeast corner of Avenue G and W. Oak Streets. The City tax records designate this property as City Block No. 3011, Lot No. 1. (B) Z-1227, the petition of Mr. Robert H. Heiser, requesting that the zoning in the 2600 block of Teasley Lane be changed from the Agricultural (A) to the Single Family (SF-10) classification. This property 'is further described as being approximately 40 acres located in the northeast corner of Hobson Road and Teasley Lane. The City tax records designate this property as City Block No. 285, Lot No. 37. Motion carried. December 18, 1973 Continued 4. PUBLIC HEARINGS: (A) A Public Hearing was held on Z-1222, the request of Mr. Chuck Mullinaxrequesting that approximately 45 acres be rezoned from an Agricultural (A) to a Single Family (SF-16) classification in the 300 block of Hobson Road along the south side. Approximately 6 acres of this property is in the corporate limits of the City with anAgricultural (A) zoning classification and approximately 39 acres is required for annexation before zoning can be affixed to the property. The City tax records designate the property in the City as City Block No. 233-C, Lot No. 8. Montecito Subdivision exists on the east side of this property. After hearing 1 proponent and none in opposition and a report of approval by the Planning & Zoni~ Commission, motion was made by Jester, seconded by Kibler to approve rezoning from (A) to (SF-16) of the property in the corporate limits of the City and to instruct the staff to initiate annexation procedures for the remaining property. Motion carried. (B) A Public Hearing was held on S-76, the request of Mr. Terry Harvey, requesting that a specific use permit be granted for the operation of a licensed private club in a general retail (GR) district at 113 Avenue A. This property is further described as being situated between Mulberry and Hickory Streets along the east side of Avenue A. The City tax records designate this property as City Block No. 364, Lot Nos. 17 and 17.1. After hearing 1 proponent and none in opposition and a report of approval by the Planning & Zoni~ Commission and a document from NTSU stating that they did not oppose the petition, motion was made by Schneider seconded by Jester that the petition be approved with the following conditions: (1) That before commencing operation, the owner obtain registrat- ion and license approval by the Texas Liquor Control Board. (2) That the specific use permit be issued to Terry Harvey for as long as he continues to be owner and/or operator of the private club. (3) That the parking shall comply with Article 15-18 of the Zoning Ordinance which requires one parking space for every three seats ~mdermaximum seating arrangements. (4) That the ~itten approval of North Texas State University be obtained be~re issuance of this pennit. (5) That a site plan be filed and approved by the Community Development Department to illustrate the location and operation of the club at 113 Avenue A. Motion carried. 5. CONSIDBRAT IONS: (A) The Council considered Z-1221, the request by the Highland Baptist Church requesting that the part of Central Avenue lying between Highland Street on the north and Maple Avenue on the south be closed to the general public for vehicular traffic. This request does not include the quit claiming of the part of Central Avenue, if closed[, to the property owners. (This request was tabled from the last regular meeting.) Motion was made by Kibler, seconded by Schneider that Central Avenue be conveyed by a quit claim deed to the Highland Baptist Church with a reversion~ ary clause included in the quit claim deed, stating that Central Avenue would revert back to the City of Denton if the church ceases to utilize this property for church related purposes, and that the City of Denton retain the utility easements, and that a structure cannot b~ buil~ on or over the easement, and that the legal staff of the City work with the church to protect the interest of the citizens of.Denton, and ttmt the legal staff take required legal steps to complete the transaction. Motion carried. December 18, 1973 Continued (B) Motion was made by Schneider, seconded by Miller that the following 3 vouchers in excess of $1,000 be approved for payment: _ General Electric Company $3,452.6S Bill Utter Ford $1,215.98 Ernst & Ernst $3,196.00 Motion carried. (C) The Council considered approval of final payment for contracts related to the Unit #5 expansion of the Steam Plant. Motion was made by Jester, seconded by Kibler that final payment for contracts related to the Unit #5 expansion of the Steam Plant be approved as follows: ~L~ Black & Veatch Consulting Engineers $59,163.09 ~ Combustion Engineering, Inc. Project #M-34A 51,928.50 ~a~ De Laval Turbine, Inc.-Project #M-36A 46,795.00 ~ Bailey Metering Co. -Project #K-6A 29,732.79 Motion carried. (D) Motion was made by Kibler, seconded by Miller to authorize advertising for bids for construction of concrete foundations for substation structure and fence located between Myrtle and S. Locust. Motion carried. (E) Motion was made by Jester, seconded by S¢.hneider that the Tax Adjustment Report for the month of November in the amount of $933.98 and the Tax Adjustment Report for the month of December in the amount of $4,748.90 be approved. Motion carried. (F) Motion was made by Schneider, seconded by Kibler that the next regular meeting of the City Council be held on January 8, 1974. Motion . carried. Meeting adjourned at 8:45 p.m. MAYOR / CITY SECRETARY ~unicipal Building December 20, 1973 Special meeting of the City Council, Thursday, December 20, 1973, 1 p.m. in the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler and Miller. City Manager, City Attorney and City Secretary. ABSENT: Council Member Schneider 1. The following Ordinance was presented: ORDINANCE NO. 73-32 ORDINANCE CANVASSING F. LECTION RETURNS THE STATE OF TEXAS ~ COUNTY OF DENTON ~ CITY OF DENTON ~ WHEREAS, the City Council of said City duly ordered an election to be held in said City on the 18th day of December, 1973, on the proposition hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers, holding and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to said City Council; and WHEREAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, .such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Council officially finds and determines that said election was duly ordered, that proper no'tice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Ordinance calling said election. 2. That the City Council officially finds and determines that the following votes were cast at the election on the submitted Proposition, by the resident, qualified electors who own taxable property in said City, and who have duly rendered the same for taxation, and who voted at the election: PROPOSITION 1361 VOTES: FOR ) ) THE ISSUANCE OF $6,000,000 OF ) STREET AND DRAINAGE GENERAL ~91 VOTES: AGAINST ) OBLIGATION BONDS 3. That the City Council officially finds and determines that the following votes were cast at the election, on the submitted Proposition, by all other resident, qualified electors of said City who voted at the election: December 20, 1973 Continued PROPOSITION 50 VOTES: FOR ) ) THE ISSUANCE OF $6,000,000 OF ) STREET AND DRAINAGE GENERAL 21 VOTES: AGAINST ) OBLIGATION BONDS 4. That the City Council officially finds, determines and declares the result of said election to be that the Proposition so submitted has received a £avorable majority vote in all respects and has carried, and that the aforesaid bonds may be issued in accordance with law. Motion was made by Kibler, seconded by Miller that the Ordinance be passed. On roll call' vote Miller voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. MAYOR CITY SECRETARY Municipal Building January 8, 1974 Called meeting of the City Council, City of Denton, Texas, Tuesday, January 8, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Jester that the minutes of the regular meeting of December 18, 1973 and tke special meeting of December 20, 1973 be approved. Motion carried. 2. REFERRAL: Motion was made by Kibler, seconded by Miller that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1228, the petition of the Community Development Department requesting that the zoning classification of the southeast corner of the intersection of Avenue A and Mulberry be changed from the General Retail (GR) to the University (U) classification. This property is further described as being City Block No. 363, Lot Nos. 1, 11 and 12. (B) Z-1229, the petition of the Community Development Department requesting that the zoning classification of the 2300 block of West Prairie Street be changed from the General Retail (GR) to the Multi-Family (MF-1) classification. This property is further described as being located in the Owsley Park Addition on the east side of Avenue G and the North side of West Prairie Street. The City tax records designate this property as City Block No. 3017, Lot Nos. 27, 28, 29, 30 and 31. Motion carried. January 8, 1974 Continued 3. A public hearing was held on S-79, the petition of Mr. Samuel Castillo requesting that he be granted, a specific use permit to operate a private club in a General Retail (OR) district at 801 Eagle. The building and its property are located just south of the Eagle and IOOF Street intersection within the shopping area for the University City Apartment complex. The City tax records indicate that this property is City Block No. 316, Lot No. 10-C. After hearing 1 proponent but none in opposition, motion was made by Schneider, seconded by Miller that the petition be approved with the following conditions: (1) The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. (2)This permit shall cease to exist whenever Samuel Castillo is no longer the operator of this private club. (3) A site plan shall be required to show the building layout, parking and seating for the operation of a private club. This plan to be submitted to the Community Development Department. Motion carried with 3 voting "aye", 1 voting "no" and Councilman Jester abstaining_.-~-~ ~ ~'~. 4. The~'~u~d~l c~nsic[ered the request of General Telephone Company of the Southwest for a rate increase. H. R. Jones, Division Manager of General Telephone Company, spoke in behalf of the request. Following a question and answer session, motion was made by Jester, seconded by Kibler that a study session be held to analyze the request of General Telephone. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 74-1 (Chuck Mullinax) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THH CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCH NO. 69-1, AND AS SAID MAP APPLIES TO 5.27 ACKES OF LAND, MOP~E OR LESS, OUT OF.~HE GIBSON SURVHY, ABSTRACT NO. 498, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Miller, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Motion was made by Jester, seconded by Kibler to instruct the legal dapartment to proceed with annexation processes for the portion of Z-1222 requested for annexation. Motion carried. 6. The following Ordinance was presented: ORDINANCE NO. 74-2 AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET A CERTAIN PORTION OF CENTRAL AVENUE LYING BETWHEN HIGHLAND STREET ON THE NORTH AND MAPLE AVENUE ON THE SOUTH, SAID PORTION BEING FURTHER DESCRIBHD THEP~EIN IN FULL, AFTER FINDING THAT TH~ PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRES ITS CONTINUED EXISTHNCE AS A PUBLIC STREET; RETAINING CERTAIN UTILITY, DRAINAGE, AND REVER- SIONARY RIGHTS THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Miller that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. January 8, 1974 Continued 7. Motion was made by Schneider, seconded by Miller to authorize the ~yor to sign a quit claim deed to the Highland Baptist Church, quit claiming a portion of Central Avenue. Motion carried. 8. The Director of Con~nunity Development briefed the Council relative to the minute order of the Planning and Zoning Commission regarding increasing fees for zoning applications. L. A. Nelson, local attorney, voiced opposition to an increase. Following a discussion, motion was made by Jester, seconded by Miller to increase the zoning request fees from $35.00 to $150.00 for each petition for all classes of zoning petitions except those already filed; the increased fee to become effective 1-14-74. Motion carried 3 to 2. 9. The Council considered the adoption of policies to be utilized in the assessment paving program. Following a briefing by the City Manager and the Director of Community Development, motion was made by Schneider, seconded by Miller that the following policies be adopted and implemented: (1) The City Council actively supports the efforts of citizens who desire to pave their neighborhood streets. The Council will pledge the support of one-third of the total cost of such neigh- borhood improvement projects (to the limit of available bond funds) to be paid by the city government. The remaining cost of the improvements (two-thirds) will be paid equally by the abutting property owners on each side of the street to be paved. (2) The City Council will receive and consider petitions which bear the signatures of sixty percent or more of the abutting property owners or account for sixty per cent or more of the abutting assessable frontage. (3) Owners are encouraged to pay for the improvement upon com- pletion of the work (within 60 days of notification). However, the property owner may elect to pay for his portion of the cost over a three year period. The interest to be charged for time payments will be at the prevailing rate as determined by local markets. (4) The estimatedmaximumassessment cost is $10.00 per foot of abutting property. It is very possible that the cost could be substantially lower depending upon the need for deep grading cuts, driveways, storm sewers, intersections and other indeterminate factors. (5) Ail paving petitions will be received by the Department of Comm~mity Development and numbered as to their priority. The construction sequence will attempt to approximately follow the same order as receipt of the petitions. (6) Petitions will be provided by the Department of Community Development for those persons who desire an improvement. However, no particular form is necessary and any petition bearing actual signatures will be received and verified. Motion carried. 10. The Council considered the request for extension of the specific use permit (S~57) for Mr. Ali A1-Khafaji's day nursery at 3311 E. McKir~uey. The property consists of 4.571 acres at the intersection of Mockingbird Lane and E. McKinney Street and is further described in the City tax records as City Block No. 187-B, Lot No. 2. Following a question and answer period, motion was made by Kibler, seconded by Schneider that the request for extension of the specific use permit be approved with the following conditioas: 188 January 8, 1974 Continued' (1) An adequately designed sewer line shall be installed for the operation of a day nursery at this location within a period of six (6) months. (2) When enrollment passes 50, traffic will have to be opened to Mockingbird Lane. (3) The dwelling to be used for the day nursery shall conrply with the Building, Plumbing, Electrical, and Fire Codes within the City of Denton. (4) Storage of dangerous machinery for the purpose of instruc- tional training, such as farm implements or used automobiles shall not be accessible to the children of this day nursery without the supervision of trained personnel to permit such accessibility. (5)There is a time limit of one year for the development of this day nursery. (6)This permit shall expire if the petitioner, Mr. Ali A1-Khafaji, is no longer the owner of this property. Motion carried 4 to 1. 11. The Council considered the selection of a consulting engineer for a city wide drainage study. The Council was briefed by the Director of Community Development and the City Manager. The Director of Comunity Development stated that a professional services contract be awarded to Freese and Nichols of Fort Worth, not to exceed a cost of $170,000. Present and speaking relative to the study was Mr. C. F. Ballard and Mr. Stanford Hauptman, local professional engineers. Mr. Hauptman stated that their firms had not been notified of the proposals until just a few days before the matter was finalized. He requested that the combination of his and Mr. Ballard's firms be given an opportunity to present their proposals. Following considerable discussion, motion was made by Jester, seconded by Schneider that selection of a professional engineering firm be tabled until the next regularly scheduled meeting. Motion carried. 12. The Council discussed a report from the Planning and Zoning Commission relative to the adoption of additional residential zoning classifications. Motion was made by Sckneider, seconded by Jester that a study session be arranged on residential zoning classifications. Motion carried. 13. The Council discussed Z-1217, the appeal of Ms. Kathleen Floyd, requesting that the zoning classification at 702-708 Bell be changed from the Multi-Family (MF-1) to the General Retail (GR) classification. This property is further described as being located on the east side of Bell Street across from the Ymmicipal Park Swimming Pool. The City tax records designate this property as City Block No. 151, Lot Nos. 11 and 12. (This appeal was tabled from a previous meeting.) Following a presentation by Mrs. Floyd's attorney, L. A. Nelson, and considerable discussion, motion was made by Kibler, seconded by Jester that the appeal be approved. Motion carried. 14. Motion was made by Miller, seconded by Kibler that the voucher to Ernst & Ernst in the amount of $10,065 be approved for payment. Motion carried. 15. The Council considered the request of the Airport Advisory Board to approve an application for Visual Approach Slope Indicator (VASI) System II for the Denton Municipal Airport which would involve a $15,000 grant from FAA $2,500 grant from TAC and $2,500 cost to the City of Denton. Motion was made by Jester, seconded by Schneider that the City make application to the appropriate agencies for the Visual Approach Slope Indicator (VASI) System II for the Denton Municipal Airport. Motion carried. janUary 8, 1974 Continued 16. Motion was made by Schneider, seconded by Miller that Ray Jackson be named new Assistant City Secretary, replacing Ralph Mann, with the Assistant to act in the absence of the City Secretary. _ 17. Councilman Jester suggested that the City Attorney investigate if the City of Denton can legally contribute funds to the Intra Agency Council. Jester also suggested that the Council pass a resolution or a minute order relative to City fines for blocking Denton-streets by railroad trains and to direct the Police Chief to increase the departments efforts to make arrests when blocking occurs over the legal time limit. No official action was taken. Fleeting adjourned at 9:50 p.m. ' - MAYOR Municipal Building January 15, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 15, 1974, at 7:00 p.m. in the Council Chambers of the Municipal Building. P~SENT: Mayor Neu, Mayor Pro Tem Jester, Council ~mbers Kibler and Schneider; City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller 1. Motion was made by Jester, seconded by Kibler that the minutes of the called meeting of January 8, 1974 be approved. Motion carried. 2. REFERRALS: Motion was made by Jester, seconded by Schneider that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) S-80, the petition of Ms. Jeanette Gibson, requesting that she be granted a specific use permit to operate a private club in a General Retail (GR) district at 126 Avenue A. This property is further described as being located on the northeast corner of Avenue A and Mulberry. The City tax records designate this property as City Block No. 364, Lot Nos. ~6 and 16A. Motion carried. 3. The Council continued its discussion of the hiring of a consulting engineering firm for a City wide drainage study, tabled from the meeting of Jm~uary 8, 1974. January 15, 1974 Continued The City Manager reco~lended that Freese and Nichols of Fort Worth be hired because of their large staff capabilities and stated that the local firms of Hauptman and Ballard not be considered, adding that ~his was not because the two professional engineers were not capable but because of the lack of an adequate staff. Motion was made by Sch~eider, seconded by Jester that the e~gineering firm of Frecse and Nichols of Fort Worth be employed to make a drainage study for the City of Denton fo~ an amount not to exceed $170,000. Motion carried. 4. The Council considered approval of amendment to Chapter 13 of the Code of Ordinances of the City of Denton, Texas, with the addition of Article III, Section 13-25 through Section 13-.42 concerning Massage Parlors. The City Attorney gave highlights of the proposed Ordinance and the reason for such an Ordinance. Council Member Jester questioned portions of the Ordinance as to its legality. The Mayor reco~nended that no action be taken at this meeting. Motion was~made ~. ~?~.~ seconded by ~Schneider that the matter be tabled for further study and consideration. Mot~n carried. 5. The Council held a joi~Lt meeting with the Denton County Commissioners to discuss the Intra-Agency Council plans for a service program for senior citizens of Denton County which included a request that the City Council and the County Commissioners each provide $4.~000 in funds per year for operation of the program. County Commissioners Court Members present were Judge Todd and Commissioners Sparks, Switzer and Salmon. The City Manager stated that the proposed services had merits but that the limit of one year on a trial basis be considered in order to evaluate the results. He suggested that the City join with the County to fund the program on a fifty-fifty basis with a contract to be approved jointly. County Co~nissioner~ Sparks suggested that a representative of the City and the County ~e included on their Advisory Council. Mrs. Elinor Hughes, representing The Intra-Agency Council, stated that it would be an excellent move to have the City and the County Governments represented on their Advisory Council. Motion was made by County Co~)~issioner S~witzer and seconded by County Commissioner Sparks to approve preparing a contract mutually acceptable to the County and the City. Motion was made by Council Member Schneider and seconded by Council Member Kibler to join the County in approving the preparation of a contract acceptable to both the City and the County and to direct the City Manager and the City Attorney to draw such a contract, with final approval of such contract to be approved by both the City Council and the County Commissioners. Motion carried. The joint meeting was adjourned. 6. The following Ordinance was presented: ORDINANCE NO. 74-3 (I~athleen Floyd) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF TH~ CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 11 AND 12, CITY BLOCK 151, AS SHOWN THIS DATE ON TH~ OFFICIAL TAX ~P OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. January 15, 1974 Continued 7. The Council considered approval of a quit claim deed to Alex Finlay et al, that was tabled from the meeting of January 8, 1974. Following a briefing by the City Manager, which included a report of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Kibler that the quit claim request be granted and that the Mayor be authorized to sign such deed. Motion carried. 8. Motion was made by Jester, seconded by Schneider to authorize the City Staff to proceed with work with the First Southwest Con~oany to make preparation for the bond sale. Motion carried. 9. The Council discussed right of way acquisition procedures. The City Manager stated that this was a preliminary discussion, pointing out that legal procedures necessary where Federal funds were concerned would include hiring a qualified land appraiser and recommended an appointment of an advisory board of not less than 3 and not more than 5 who have land appraisal knowledge to review each appraisal and report their results to the Council. He added that citizens whose land would be purchased must have access to due process o~ law. Motion was made by Schneider, seconded by Kibler to authorize the City Staff to develop right of way acquisition procedures and to develop the process. Motion carried. 10. Motion was made by Kibler, seconded by Jester that the City of Denton Tax Roll for the ta~able year 1973, as presented by the Board of Equalization, be approved. Motion carried. 11. The following Ordinance was presented on an emergency basis: ORDINANCE NO. 74-4 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMITS FOR CERTAIN DESCRIBED PORTIONS OF CERTAIN STREETS WITHIN THE CITY LIMITS; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 12. Motion was made by Jester, seconded by Schneider to direct the City Staff to prepare a resolution to indicate that the City of Denton would take all possible measures to conserve energy. Motion carried. Meeting adjourned at 8:43 p.m. MAYOR CI~I¥ SECRETARY ~'~ Municipal Building Feb'ruary 5, 1974 Regular meeting of the City Co~cil, City of Denton, Texas, Tuesday, February 5, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro 'rem Jester, Council Members Schneider and Kibler, City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of January 15, 1974 be approved. Motion carried. 2. BIDS: (A) #73-8106 27,500 GVW Cab Chassis Motion was made 'by Jester, seconded by Schneider that the bid be awarded to Banner Chevrolet at a low bid of $9,490.11 per truck as recommended by the City Manager. Motion carried. (B) #73-8107 350 MCM Cable Motion was made by Kibler, seconded by Jester that the bid be awarded to Cun~nins Supply at a low bid of $1,289.62 per thousand feet as recommended by the City Manager. Motion carried. (C) #73-8109 Cement, Lime and Other Road Materials Motion was made by Schneider, seconded by Jester that the bid be awarded as follows: Boyd Excavation---Items 8A, 12 and 13 Brutex Aggregates .... Items 11 and also items 23, 24 and 25 when small quantities are required, and City to pick up at their plant. Gene Gohlke Building Materials---Items 1, 2, 3, 4 and 7 Gilford Hill Company---Items 8, 9, 10, 19, 20 and 21 Round Rock Lime Company---Item 6 Texas Industries---Item 5 Vulcan Materials---Items 22, 23, 24, 25 and 26 ~ Wright Asphalt Company---Items 14, 14A, 1SA, 16, 16A and 18 Motion carried. (D) #73-8111 P~um~a~ti~_~TTired Forklift Motion was made b)~Kibler, ~econded by Schneider that the bid be awarded to Fork Lift Sales and Service at a low bid of $10,325. Motion carried. (F~) #73-8112 15M Gallon Asphalt Tank Motion was made by Jester, seconded by Kibler that the bid be awarded to Star Tank Company in the amo~mt of $3,350 F.O.B. Denton, with a delivery schedule of 60 days after receipt of order. Motion carried. February 5, 1974 Continued (F) #73-8113 Terminators Motion was made by Kibler, seconded by Schneider that the bid be mvarded as follows: Item 1 to Westinghouse Supply for 15 KVTerminator, slip on type, cat# PAT 1772 at $78.98 each for a total of $1,421.64. Item 2 to R. D. Erb Company at a price of $19.75 each, for a total of $355.$0, as a single source item. Motion carried. (G) #73-8114 Sale of Houses Motion was made by Jester, seconded by Schneider that the bid be awarded as follows: Item 1, the house and garage at 427 West Sycamore awarded to Robert M. Mills at a price of $666.66 Item 2, the house and garage located at 309 South Carroll awarded to Luther Wood, Jr. at a price of $2,350.25 Motion carried. 3. Motion was made by Schneider, seconded by Kibler that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1231, the request of the Community Development Department requesting that the zoning classification of 623 Withers Street be changed from the Neighborhood Service (NS) to the Multi-Family (MF-1) classification. This property is further described as being located on the north side of Withers Street approximately one hundred (100) feet west from the intersection of Frame and Withers Street. The City tax records designate this property as City Block No. 150, Lot No. 14. The dimensions of the property are approximately 50 feet by 190 feet. (B) S-81, the request of Mr. J. D. Cole requesting that he'be granted a specific use permit for the operation of a private club in a Commercial District at 2718 West University Drive. This property is described as being approximately 3.36 acres and is designated as City Block No. 4070, Lot No. 3. (C) S-82, the request of Mr. John David Jones requesting that he be granted a specific use permit for the operation of a private club in a General Retail district at 1218 W. Hickory. This property is described in the City tax records as City Block No. 365, Lot No. 17. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1228, the petition of the Community Development Department requesting that the zoning classification of the southeast corner of the intersection of Avenue A and Mulberry be changed from the General Retail (GR) to the University (U) classification. This property is further described as being City Block No. 363, Lot Nos. 1, 11 and 12. After hearing 1 proponent but none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Kibler that ~he petition be approved. Motion carried. February $, 1974 Continued (B) A public hearing was held on Z-1229, the petition of the Community Development Department requesting that the zoning classification of the 2300 block of West Prairie be changed from the General Retail (GR) to the Multi-Family (MF-1) classification. This property is further described as being located in the Owsley Park Addition on the east side of Avenue G and the north side of West Prairie Street. The City tax records designate this property as City Block No. 3017, Lot Nos. 27, 28, 29, 30 and 31. After hearing 1 proponent but none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Kibler that the 'petition be approved. Motion carried. (C) A public hearing was held on Z-1227, the petition of Mr. Robert H. Heiser requesting that the zoning in the 2600 block of Teasley Lane be changed from the Agricultural (A) to the Single Family (SF-10) classification. This property is further described as being approximately 40 acres located in the northeast corner of Hobson Road and Teasley Lane. The City tax records designate this property as City Block No. 285, Lot No. 37. After hearing 1 proponent but none in opposition and a report of approval by the Planning and gmling Commission, motion was made by Schneider, seconded by Kibler that the petition be approved. Motion carried. (D) A public hearing was held on Z-1226, the petition of ~r. Larry Luce requesting that ~he zoning classification at 2217 W. Oak be changed from the Single Family (SF-7) to the Two Family Dwelling (2F) classification. This property is further described as being located at the southeast corner of Avenue G and W. Oak Streets. The City tax records designate this property as City Block No. 3011, Lot No. 1 After hearing 1 proponent and 3 speaking for preservation of W. Oak Street, and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be approved. Motion carried. (F0 A public hearing was held on Z-1225, the appeal of Mr. B. ~arnie Marsh requesting that the zoning at 901, 903 and 909 N. Elm be changed from an Office (O) to a General Retail (GR) classification. This property is further described as being located on the west side of North Elm Street. Terrell Wheeler Printing, Inc., is located on the south side of this prol~rty. The City tax records designate this property as City Block No. 423, Lot Nos. 4, 5 and 6. No one was present to speak for or against the appeal. After hearing a report ~f denial by the Planning and Zoning Commission motion was made by Schneider, seconded by I~ibler that the appeal be tabled. Motion carried. 5. Mr. Ben C. Greenfield, 2200 Yorkshire, submitted a proposal to the Council relative to a contract to operate seven mechanical rides for ckildren from 2 till 11 in Central Park, with a concession in conjunction with the rides. He proposed to pay the City of Denton 10% of all gross receipts. The Manager indicated there were several problems that would have to be resolved, such as parking, suitable location and specific type zoning, adding that Denton Lions Club has a concession contract which does not expire until June 30th of this year. He also pointed out that the Parks and Recreation Board had denied Mr. Greenfield' s request. Motion was made by Schneider, seconded by Jester that the matter be tabled and that the staff make a study and report its findings to the Council as s~n as possible. Motion carried. February 5, 1974 Continued 6. The Council considered a contract for a workmen's compensation plan for the City through the Texas Municipal League pool. Motion was made by Schneider, seconded by Jester that the City of Denton join the pool proposed by the Texas Municipal League for workmen's compensation coverage effective 7-1-74 and that an interim contract, our bid #8099, with Texas Employers Casualty Company be approved through 6-30-74. Motion was made by Kibler, seconded by Schneider that the contract for liability insurance coverage, our bid #8099, be awarded to Gulf Insurance Company for a period of one year. Motion carried. 7. The Co~ncil considered the removal of traffic signals at Sycamore and Industrial, Bolivar and Congress and Denton and Congress, as recommended by the Citizens Traffic Safety Comission. The Traffic Director briefed the Council on the request. \ Motion was made by Jester, seconded by Kibler that the traffic signal be removed at Industrial and Sycamore and to replace it with stop signs; that signals at Bolivar and Congress be r~moved and replaced with stop signs and that signals at Denton and Congress be removed. Motion carried. 8. The Council considered removal of parking on Myrtle Street bet~veen Eagle and Fort Worth Drive to prevent congestion. Following a briefing by the Traffic Director and considerable discussion, motion was made by Jester, seconded by Kibler that parking be prohibited on the east side of Myrtle effective 2-20-74 and that parking on the west side of Myrtle be studied further. Motion carried. 9. Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider to authorize t~e City Staff to advertise for bids for new motor vehicles. Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 74-5 AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS IN TH~ CITY OF DENTON; DEFINING TERMS; REQUIRING A LICENSF~ FOR ~HE OPERATION OF SAID F~STABLISF~S; P~EQUIRING TH~ DISPLAY OF SAME; PRESCRIBING THE APPLICATION PROCEDURE THEREFOR; P~EQUIRING MEDICAL CERTIFICATES OF LICENSEES AND ~MPLOY~ES; PRESCRIBING LICENSE FEES; PRO- V~DING THE CONDITONS FOR REVOCATION OR SUSPENSION OF A LICENSE AND THE PROCEDURE FOR APPEAL THEREFROM; PRESCRIBING THE STANDARDS OF OPERATION OF MASSAGE ESTABLISHMENTS, INCLUDING TH~ MANNER OF DP~ESS OF MASSEURS AND PATRONS, REQUIRING SEPARATE FACILITIES FOR THE TWO SE~S, PRESCRIBING TH~ AREAS AND LAWS OF OPERATION, AND PROHIBITING CERTAIN ACTS; PROVIDING FOR INSPECTION OF SAID ESTABLISFF~ENTS; R~ QUIRING RECORDS OF ~MPLOYEES; PRESCRIBING CERTAIN SANITARY REQUIREMENTS; ~pR~OVIDING FOR TH~ REGISTRATION OF PATRONS AND THE POSTING OF TYPES OF SERVICE AND THE ~HARGES THEREFOR; PROVIDING A S~FERABILITY CLAUSE; PRESCRIBING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIV~ DATE. Motion was made by Kibler, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. il. The following Ordinance was presented: ORDINANCE NO. 74-6 (Chuck Mullinax) ~d~ ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 39.41 ACRES OF LAND LYING AND BEING SITUATED IN TH~ COUNTY OF DENTON, STATE OF T~XAS AND BEING A PART OF TH~ A. GIBSON SURVEY, ABSTRACT NO. 498; CLASSIFYING THE SAME AS "SF-16" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider t~at the Ordi~nce be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. February 5, 1974 Continued 12. Motion was made by Jester, seconded by Kibler to authorize construction of a building to store tractor and equipment at the Sanitary Landfill and that the proposal from Jesse Fowler in the amount of $2,967 for the construction be accepted. Motion carried. 13. Motion was made by Kibler, seconded by Jester that a voucher to Motorola Teleprograms, Inc. in the amount of $1,710 for the purchase of Police Department training films be ap'proved for payment. Motion carried. 14. The Council considered the request of Hickory Creek Marina to increase gas prices. Motion was made by Jester, seconded by Schneider that since gas prices are based on Federal guidelines that the increased gas prices be approved until revoked by the Council and that the owner of the marina notify the City Council before each need for price change. Motion carried. 15. Motion was made by Sckneider, seconded by Kibler to appoint Mayor Pro Tem Jester and Bill Utter to represent the City of Denton at the Regional Transportation Policy Advisory Committee Meetings. Motion carried. 16. The Council considered approval of a contract between the Texas Municipal Power Pool and Gorbett Brothers, Inc. for the construction of a 110,000 barrel fuel oil storage tank at the Explorer Pipeline Terminal at Caddo Mills. Motion was made by Kibler, seconded by Schneider to approve such a contract and to authorize the Mayor to sign same. Motion carried. 17. Motion was made by Jester, seconded by Schneider to approve the continuation of the contract for consulting services and chemicals with United Chemical Corp. for the water treatment ~t~he,$team. Power Plant ~k~ougk 1974. Motion carried. 18. Motion was made by Jester, seconded by Kibler to reject the bid for construction of a 55,000 barrel fuel oil storage tank at the Steam Plant and to authorize the staff to negotiate a contract which must finally b~ approved by the City Council. Motion carried. 19. Motion was made by Kibler, seconded by Schneider to approve rental of a backhoe at the rate of $1,000 per month at an estimated use to be 2 months, and to approve an agreement with Albright Blasting Service, Inc. for blasting services for approximately 1300 linear feet of rock in sewer line ditch at $6.00 per linear foot, with estimated cost of $7,800. Motion carried. Meeting adjourned at 9:47 p.m. ~~ MAYOR ~I~ SECRETARY Municipal Building February 19, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, FebruarY 19, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. P~ESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Schneider, Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of February 5, 1974 be approved. Motion carried. 2. BIDS: (A) #8110 Tractor Loader - Backhoe Motion made seconded Jester that the bid be WaS by Schneider, by awarded to the lowest and best evaluated bid meeting specifications as follows: Item 1: Tractor, loader, backhoe, 52 H.P. diesel to Village Creek Equipment for the John Deere 310 complete at the low bid of $13,400, without trade in. Item 3: Tractor, loader, backhoe, 70 H.P. diesel to Dente× Ford Tractor at $18,275 without trade in for the 6500 Ford. Motion carried. (B) #8115 ~en¢ing Locust Sub-Station Motion was made by Kibler, seconded by Jester that the bid be ~arded to Hurricane Fence Co. in the amoun~ of $3,577. Motion carried. (C) #8117 Chemical Supplies Motion was made by Jester, seconded by Schneider that the bid be awarded to the low evaluated bidder as follows: Texas Lime: Item 9 @$23.50 per ton delivered Thompson-Hayward: Item 1 @$9.95 CWT. Item 2 @$154.00 Ton Item 3 @$21.38 Cyl. Item 6 @$4.75 CWT Item 8 @$235.05 Ton Item 11 @$.57 lb. Stauffer Chemical Co.: Item 7 @$88.45 Ton Item 12 @$33.53 Ton Van-Waters & Rogers: Item 4 @$18.50 CWT. Item 5 @$9.10 CWT. Item 10 @$12.75 CWT. Motion carried. (D) #8121 PVC Sprinkle Pipe and Fittings Motion was made by Kibler, seconded by Jester that the bid be awarded to the lowest and best bidder with the quickest delivery, WISCO Wilkin Irrigation & Supply Co. for a net total of $3,680.16 for all items, with delivery in 28 days. Motion carried. February 19, 1974 Continued (E) #8123 Fire Hose Motion was made by Kibler, seconded by Schneider that the bid be awarded to the lowest and best bid meeting specifications, Fire Protection Service Co. of Dallas at $2.11 per foot less 2% for a net total of $2,135.60. Motion carried. (F) #8124 Power Washer Cleaner Motion was made by Kibler, seconded by Schneider that the bid be awarded to the low bidder, Automotive, Inc. of Denton, Texas in the amount of $1,119.26. Motion carried. (G) #8125 Mobil Radio Motion was made by .Jester, seconded by Kibler that the bid be awarded to General Electric Company in the amount of $700 each for one one channel mobil radio and also General Electric in the amount of $756 each for three two channel mobil radios. The total bid amount is $2,968. Delivery in about 70 days. Motion carried. (H) #8126 Level ~d Tripod Motion was made by Kibler, seconded by Schneider that the bid be awarded to Keuffel and Esser in the amount of $996.95 for the level and $70.50 for the tripod. The total purclhase will be $1,067.45 FOB Denton with immediate delivery. Motion carried. 3. REFERP~LS: Motion was made by Jester, seconded by Schneider that the following petition be referred to the Pl~aning & Zoning Commission for its recommendation: (A) Z-1232, the request of the Community Development Department requesting that the zoning classification in the 2500 block of Louise Street be changed from the General Retail (GR) to the Multi-Family (MF-1) classification. This property is further described as being the first two lots on the southeast corner of Bonnie Brae and Louise. The City tax records designate this property as City Block No. 3029, Lot Nos. 1 and 2. The dimension of the property is approximately 103' x 312.6'. Motion carried. 4. The Council considered the approval of an agreement between the City of Denton and the County of De~ton, together with the Inter-Agency Council for the purpose of securing a state grant for social services for the aged. Following a briefi:ag by the City Manager and a report of approval by the County Commissioners on this date, motion was made by Jester, seconded by Schneider that the agreement be entered into for a one year period and the Mayor be authorized to sign same. Motion carried. 5. Dale Peters, President of the Denton Kiwanis Club, requested permission to present their 1974 fire works show on July 4, 1974. Motion was made by Schneider, seconded by Kibler to approve the request subject to approval of 'the City Attorney and the City Fire Marshal. Motion carried. 6. Brad Gibson, Denton Cab Company, requested permission to operate a bus service on Denton streets. Following considerable discussion, motion was made by Jester, seconded by Kibler that the matter be tabled until the joint transportation study between NTSU and the City of Denton is completed. Motion carried. February 19, 1974 Continued 7. ORDINANCES: The following Ordinances were presented: (A) #74-7 (Larry Luce) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS Jd~OPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF TH~ CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NO. 1, CITY BLOCK NO. 3011, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~v~kP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) #74-8 (Robert Heiser) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TE~S, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NO. 37, CITY BLOCK NO. 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~ OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (C) # 74- 9 (Department of Community Development) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF!~DENTON, TEXAS, AS S~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 1, 11 & 12, CITY BLOCK NO. 363, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Schneider, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (D) #74-10 (Department of Community Development) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS S~E WAS A]]OPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CI~17 OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 27, 28, 29, 30 & 31, CITY BLOCK NO. 3017, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye and Neu voted "aye". Motion carried. 8. The Council considered quitclaiming of a 16' easement in the Montecito Del Sur Addition. After a briefing by the Director of Community Development, motion was ~nade by Kibler, seconded by Jester that a quit claim deed be granted, and the Mayor be authorized to sign same. Motion carried. 9. Following a briefing by the Director of Community Development and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the Mayor be authorized to sign plat February 19, 1974 Continued abandonment of Whispering Oaks Fillage Mobile Home Park subject to approval of the City Attorney and other appropriate staff members. Motion carried. Motion was then made by Schneider, seconded by Jester to approve a correction easement. Motion carried. 10. The Council considered the removal of parking on both sides of Dallas Drive from Eagle to 1-35. Motion was made by Jester, seconded by Kibler that parking be prohibited on both sides of Dallas Drive as requested by the State Highway Department; no parking to become effective March 1, 1974. Motion carried. 11. The Council considered the removal of parking from Avenue C to Welch Street on the south side of Hickory. Following a briefing by the Director of Community Development requesting that the matter be tabled, motion was made by Jester, seconded by Schneider that the matter be tabled. Motion carried. 12. The Council considered the request by the Utility Department for an only source purchase in excess of $1,000. Following a briefing by the Director of Utilities, motion was made by Jester, seconded by Schneider that a water sanrpler be purchased from Sigmamotor, Inc. of Plano, Texas at a bid of $1,325. Motion carried. 13. Motion was made by Schneider, seconded by Kibler that the following two vouchers be approved for payment: Calvert Motor Company $1,112.67 Ernst & Ernst $1,900.00 Motion carried. 14. The following Ordinance was presented: (A) Ordinance No. 74-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, A.D. 1974, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING ?~O (2) COUNCILMEN FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCF~ AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL P~ETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; ADN DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye"u Motion carried. 15. Other matters discussed included new state statutes relative to candidate campaign managers and contPibutions to campaigns. Also discussed was a study session with the Planning and Zoning Commission on several matters, and the City Manager announced that March 10 was the date the new snorkel truck would be demonstrated on the Sears parking lot. Councilman Kibler suggested that the Police Department keep a close watch on local theatres to ascertain if they are co, lying with the recent theatre ordinance. Meeting adjourned at 8:25 p.m. Municipal Building March 5, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 5, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Kibler and Schneider; City ~nager, Assistant City Manager, City Attorney and City Secretary ABSENT: Council Member Miller 1. Motion wa~ made by Jester, seconded, by Sc.~hneider that the minutes of the regular meeting of February 19, 1974 be approved. Motion carried. 2. BIDS: (A) #74-8122 Side Load Containers Motion was made by Jester, seconded by Schneider that the bid be awarded to the over all low bidder meeting specifications, Dempster Brothers, for a net total price of $16,275 for 100 containers. Motion carried. (B) #74-8128 Riding Mowers Motion was made by Kibler, seconded by Schneider that the bid be awarded to the low bidder, Goldwaites of Texas in the amount of $1,350 each for a total of $2,700 FOB Denton, 21 days maximum delivery. Motion carried. (C) #74-8129 Transmission Poles Motion was made by Schneider, seconded by Jester that the bid be awarded to the low bidder, Neidermeyer-Martin Company for 33, class II Douglas Fir poles for a net amount of $27,054, FOB Denton. Motion carried. (D) #74-8130 Automotive Garage Equipment Motion was made by Kibler, seconded by Schneider that the bid be awarded as follows: Item 1 to Kendavis Industrial Supply Co. Items 2,3,4 & 8 to Automotive Equipment Specialist Items 5,6, & 7 to Ace Auto Parts Motion carried. (E) #74-8133 Electric Switchgear Motion was made by Schneider, seconded by Jester that the bid be awarded to the lowest and best bidder meeting specifications, Turner Electric Corporation at a price of $5,315. Motion carried. 3. Motion was made by Schneider, seconded by Jester that the following petition be referred to the Planning & Zoning Commission for its recommendations: (A) S-83, the petition of Mr. RickWyler requesting that he be granted a specific use permit for the operation of a private club in a General Retail (GR) district at 1208 W. Hickory. This property is further described in the City tax records as City Block No. 365, Lot Nos. 14 and 16. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on S-77, the petition of Mr. Joey Gallo, requesting that he be granted a specific use permit for the operation of a licensed private club in an Agricultural (A) district in the 4000 block of FMy. 380. This property is further described as being located on the north- west corner of Hwy. 380 and Cooper Creek Road. The City tax records designate this property as City Block No. 187-3, Lot No. lA. March 5, 1974 Continued Mike Whitten, Attorney for the petitioner~ stated that Mr. Gallo was ill and requested that the hearing be tabled until a later date, but since there were such a large number of citizens present for the hearing the council decided to hear those desiring to express their opinions. The names and remarks of those speaking were: (1) Mrs. J. C. Payne--It would be detrimental to the neighborhood; a safety problem since school buses load and unload near the proposed location. There are two nice churches in the area. We do not need an open bar near us. (2)Clay Moses--Drunk drivers will result, causing many accidents. (3)Bill Travis--This club would set a precedent for other open bars in the area which is primarily residential. (4)J. C. Payne~-The proposed club building is of metal construction and will not meet the fire and building codes of the City. (5) Neal Hayes--Unalterably opposed to drinking; not an ethical means to make a living; drinking is a sin. (6)Mrs. Potter--We would not have moved to the area if we had known a private club would be here. (7) George Caddell-~They will be letting minors into the club as they do in Oklahoma, where I previously resided. (8) James Dane--I previously worked for a funeral home in Pilot Point and 75% of the automobile accidents were because of drunken drivers and they killed sober people. (9) M. D. Bishop--This is a serious situation for our community. We want it morally clean. Club customers would have to come from outside of this coJ~unity. Additional police and patrol cars would be needed should we have liquor joints in this area. (10) Rev. L. L. Morris--Lives are destroyed and children are made homeless b~cause of alcohol. Liquor is a device of the devil. (11)Rev. Buddy Owens--Taxes cannot replace lives lost and property damaged by alcohol. The Mayor advised that the hearing would continue at the meeting of the Council on April 2, 1974. The Council concurred as did the attorney for the petitioner. (B) A public hearing was held on S-78, the petition of Mr. S. Eric Ragir, requesting that he be granted a specific use permit for the operation of a private tennis and swim club in a Single Family (SF-10) district at 3800 Old North Road. This property is further described as being located on the east side of the intersection of Mill Pond and Old North Roads. The City tax records designate this property as City Block No. 1000-19, Lot No. 1. The area of land in this request is approximately five acres. Speaking in favor of the petition was Clyde Pittman, President of the Northwood Racquet Club of Dallas, and speaking in opposition were 16 citizens who resiRe in the immediate and nearby neighborhoods. A report of approval by the Planning & Zoning ~Commission was given by a representative of the Community Development Department. Motion was made by Kibl~r, seconded by Schneider to deny the petition. Motion carried unanimously. 5. The proposal from Ben Greenfield for a concessionaire contract for kiddy rides in the City Park system was postponed since the Parks Board did not meet as scheduled because of lack of a quorum. March 5, 1974 Continued 6. The Council considered the request of the Denton Cab Company for a rate increase. Mr. Brad Gibson, owner of the cab company~ requested that fares be based on measurement by ruler rather than from circle to circle as designated on a map of the City he is presently using. The matter of meters for cabs - was discussed briefly. Motion was made by Jester, seconded by Kibler that the matter be tabled until the meeting of March 19 for further study and recommendation from the ~nicipal staff. Motion carried. 7. Motion was made by Jester, seconded by Sckneider that a quit claim deed for a sewer easement be approved for Heritage Oaks as recoJl~ended by the Department of Conm~nity Development and the Utilities Department, and that the Mayor be authorized to sign such easement. Motion carried. 8. Motion was made by Jester, seconded by Kibler that the Greater Denton Arts Council be designated as the coordinating agency in behalf of the City of Denton for bi-centennial celebrations. Motion carried. 9. Following a briefing by the Director of Utilities, motion was made by Kibler, seconded by Schneider to approve purchase of gas control equipment for better control during simultaneous burning of Pitts Gas and Lone Star Gas, with Denton's share of the cost to be $7,362.31. Motion carried. 10. Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Kibler to approve authorizing the municipal staff to contract with General Electric Company for a turbine-generator specialist for the first major inspection on unit #5 at the Steam Power Plant at an estimated cost for thirty working days of $6,S76. Motion carried. 11. Motion was made by Schneider, seconded by Jester that a voucher for payment for one service man to dismantle boiler feed pumps to Allis-Chalmers in the amount of $3,305.61 be approved for payment. Motion carried. 12. Motion was made by Jester, seconded by Kibler that the Tax Adjustment Report for January in the amount of $1,580.88 and the Tax Adjustment Report for February in the amount of $982.22 be approved. Motion carried. 13. Motion was made by Schneider, seconded by Kibler to authorize the municipal staff to take bids on the old Fire Department ladder truck that was replaced by the new snorkel truck. Motion carried. Meeting adjourned at 10:15 p.m. I~YOR Joint Meeting City Council - Planning Co~mnission Special joint meeting of the City Council and the Planning and Zoning Commission, City of Denton, Texas, Thursday, March 7, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: City Council--Mayor N~m, Mayor Pro Tem Jester and Council Member Kibler; City Manager, Asst. CityM~nager, City AttQrney and City Secretary Planning and Zoning Commission--Hill,Thompson, Powell and Gage ABSENT: City Council--Council Members Schneider and Miller Planning and Zoning Commission~-Manning 1. The Mayor recognized Mrs. J. Don Vann, 811 W. Oak, who asked for protection of residential areas, particularly Oak Street, to preserve the historical value. The Mayor stated that Council Members had previously expressed interest in preserving Oak Street. 2. The City Manager briefed the meeting on its purpose and presented a review of priorities to be constructed from bond funds recently approved by voters. These priorities include: (a) City-wide drairmge study (b) Residential street assessment projects (c) McKinney-Bell improvements (d) South Carroll c~tension Motion was made by Thompson, seconded by Powell that the priorities recommended by the City Manager and staff be recommended to the City Council. Motion carried. Motion was then made ~ Kibler, seconded by Jester that the priorities recommended by the Manager ~ the Planning and Zoning Commission be accepted. Motion carried. 3. The Council and the Planning and Zoning Commission discussed a possible need for additional zoning classifications. Following considerable discussion, motion was made by Jester, seconded by Kibler that the SF-13 zoning classification be added to the present SF-7, SF-10 and SF-16 classifications as previously recommended by the Planning and Zoning Commission. Motion carried. 4. Drainage regulatiorm for new subdivision developments were considered. Following a discussio~ involving drainage, setbacks and general plat requirements, motion was made by Thompson, seconded by Hill to approve a minute order recommending to the City Council that data be compiled for an ordinance requiring developers to present plats for approval which would include drainage, setbacks, etc., and to instruct the staff to review drainage problems within a plat and to make recomme~d.~.ior~to what developers should be required to build within his %~b~ivi~<~~n carried. Motion was made by Jester, seconded by Kibler to approve recommendations of the Planning and Zoning Commission and to instruct the municipal staff to proceed. Motion carried. 5. The Council and Planning and Zoning Commission considered a policy on Loop 288. The Manager briefed the group relative to Loop 288 and offers by developers owning potential right of way but pointed out possible complications. He added that he was presenting this information to keep them properly posted on current developments. No official action was taken. March 7, 1974 Continued 6. Motion was made by Kibler, seconded by Jester to recess the meeting until March 11, 1974 at 7 p.m. Motion carried. Motion was made by Thompson, seconded byPowell to concur with the Council. Motion carried. Meeting recessed at 10:35 p.m. The meeting reconvened at 7 p.m. on March 11, 1974. PRESENT: City Council-~Mayer Neu, Mayor pro~Tem Jester and CouncilMembers Miller, Kibler and Schneider; City Manager, Assistant City Manager, and City Secretary -.-~: Planning and Zoning Commission--Manning, Hill, Powell and Gage ABSE~F: Planning and Zoning Commission--Thompson 1. Jim Jones, Director of Community Development, reported on progress of the Comprehensive Plan and presented the goals and objectives as follows: (a) Land Use (b) Economics (c) Transportation (d) Housing (e) Education (f) Community Facilities (g) Utilities (h) Environment The combined Council and Commission suggested minor word changes only, thus indicating approval of these goals, and~objec~ives. Meeting adjourned at 7:50 p.m. MAYOR Municipal Building March 19, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 19, 1974, at 7:00 p.m., in the Council Chambers of the _~unicipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Kibler, Schneider and Miller; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Schneider that the minutes of the regular meeting of March 5, 1974 and the joint meeting between the City Council and the Planning & Zoning Co~gnission on March 7, 1974 be approved. Motion carried. 2. BIDS: (A) #8135 Cars and Pickup Trucks Motion was made by Jester, seconded by Kibler that the bid be awarded as follows, as recommended by the City Manager: Item 1 to Bill Utter Ford for' sixteen Ford Torino Police Units at the low bid price of $3,608.83 each for a total of $57,741.28. Item 2 to Chester ~orris Chrysler Plymouth for one Plymouth Satellite for Fire Department at the low bid meeting specification price of $3,488.12. Item 3 to Chester Morris Chrysler Plymouth for four Plymouth Valiant staff cars at the low bid price of $3,263.37 each for a total of $13,053.48. Item 4 to Denton Dodge Inc. for five long wheelbase 1/2 ton V8 Automatic Transmission Pickups at the low bid price of $3,265.67 for a total of $16,328.35. Item 5 to Bill Utter Ford for one 1/2 ton, 6 cyl., cab and chassis at the low bid price of $2,500.00. Item ~&,~Ban~_~hev~.o~et for eight long wheelbase 1/2 ton, 6 cyl., sta~el~t~i~ansm~on~pickups at the low bid price of $2,596.16 each for a total' of $20,769.28. Item 7 to Banner Chevrolet for two 1/2 ton long wheelbase, 6 cyl., automatic transmission pickups at the low bid price of $2,782.58 for a total of $5,565.16. Item 8 to Banner Chevrolet for three 3/4 ton long wheelbase, 6 cyl., 4 speed standard transmission pickups at the low bid price of $2,929.08 each for a total of $8,787.24. Motion carried. '(B) #8136 Suspension Insulators Motion was made by Schneider, seconded by Miller that the bid be awarded to the low bidder, Priester Supply, at a price of $4.46 each or $1,204.20 total. Motion carried. (C) #8120 Distribution Transformers Following a briefing by the Director of Utilities, motion was made by Schneider, seconded by Miller that the bid be awarded as follows: March 19, 1974 Continued Item #1 Prime Supplier 1st Alternate 2nd Alternate 1 Cummins (Wagner) Westinghouse (W) Priester (McGraw) 2 " " " " Graybar (G.E.) 4 " " Priester (McGraw) Westinghouse (W) 5 Priester (McGraw) Cummins (Wagner) Westinghouse (W) 6 Westinghouse (W) Cummins (Wagner) Priester (McGraw) 7 Cummins (Wagner) Westinghouse (W) Priester (McGraw) 8 " " Priester (McGraw) Graybar (G.E.) tied or Temple (G.E.) 9 " " Westinghouse (W) Priester (McGraw) 9a " " Priester (McGraw Graybar (G.E.) tied or Temple (G .iE.) 10 Cu~nins (Wagner) Westinghouse (W) Priester (McGraw) 10a " " " " " " 10b " " " " " " 11 " " Graybar (G.E.) Westinghouse (W) lla " " " " " " llb " " " " Temple (G.E) 12 Graybar (G.E.) Temple (G.~.) Westinghouse (W) 12a Westinghouse (W) Graybar (G.F..) Temple (G.E.) 12b Graybar (G.E.) tied Curmnins (Wagner) Temple (G.E.) 13 Priester (Moloney) Priester (McGraw) Graybar (G.E.) 14 Curmnins (Wagner) Graybar (G.~.) Temple (G.E.) 15 " " Priester (McGraw) Graybar (G.E.) 16 Westinghouse (W) Cummins (Wagner) Graybar (G.~.) 17 Cummins (Wagner Graybar (G.E.) Temple (G.E.) 18 Graybar (G.E.) Temple (G.E.) Cummins (Wagner) 19 " " " " " " 20 Temple (G.E.) Graybar (G.E.) Westinghouse (W) 21 Graybar (G.E.) Temple (G.£.) Westinghouse (W) 22 " " " " " " 23 " " " " " " 24 " " " " " " 25 " " " " " 26 Westinghouse 0V) Graybar (G.E.) Temple (G.~.) 27 Graybar (G.E.) Temple (G.E.) Westinghouse (W) 28 Graybar (G.E.) tied " " Temple (G.F..) 29 Graybar (G.E.) tied Cummins (Wagner) Temple (G.F..) 30 Graybar (G.E.) tied Westinghouse (W) Temple (G.E.) Motion carried. The Mayor read a proclamation proclaiming Viet Nam Veterans Day on March 29, 1974, and presented same to two officers of the Ex-Marines Association NTSU. PUBLIC HEARINGS: (A) A public hearing was held on S-80, the petition of Ms. Jeanette Gibson, requesting that she be granted a,specific use permit to operate a private in a General Retail (GR) district at 126 Avenue A. This property is further described as being located on the northeast corner of Avenue A and Mulberry. City tax records designate this property as City Block No. 364, Lot Nos. and 16A. After hearing 2 proponents and none in opposition, motion was made Schneider, seconded by Jester that the Specific Use Permit be approved with following conditions: (1) This permit shall cease to exist whenever the petitioner, Ms. Jeanette Gibson, is no longer the operator of this private club. March 1.9, 1974 Continued (2) The operatio~L of this private club shall require registration and license approval by the Texas Liquor Control Board. (3) The use and revision of the private club site shall comply with the building codes for the City of Denton. (4) A site plan shall be submitted to the Community Development Department and to the Planning and Zoning Commission prior to commencement of business. Motion carried 4 to 1. 5. The Council considered the proposal for a concessionaire contract for kiddy rides in Evers Park by Mr. Ben Greenfield. The City Manager stated that the Parks Board had recommended that the City enter into a contract with Mr. Greenfield and listed twelve items that should be included in such a contract. Following a lengthy discussion, motion was made by Jester, seconded by Schneider to approve a minute order instructing the legal staff to prepare a contract, such contract to be subject to final approval by the City Council, with the following items to be incorporated in said contract: (a) Fence: Safety measure so that children will not run into rides and will not ride without paying. Paid for by Leasee. (4-ft. fen£e, hog wire, gates that lock) (b) Parking: Responsibility of City with possible improvements by both leasor and leasee. (c) Liability: Leasee releases City from any liability and must carry adequate insurance policy. (d) Employee & Management People: Mr. Greenfield and wife are managers and secure college help if possible or local Junior High or Senior High students over 13. (e) Clean up of Grounds: Leasee would be responsible for all trash and blowing trash in the area. (f)Location: Evers Park (g) Replacement of Sod: Leasee would be willing to replace sod when through as reasonable as possible. (h) Chat, etc.: Leasee will help pay for chat; City would be responsible for putting it down. (i) Electrical Wiring: Leasee pays cost of wiring from main pole to each ride. (underground with main switch for all rides, 220 V) Leasee responsible for electrician. (j) Cost of Rides: $.25 each or 5 for $1.00 3 minutes per ride, train makes two circles. (k) Concession: (Must be okayed by Lions Club) Cokes .15, Snow Cones .15, Popcorn .15 (1) Zoning: Responsibility of Leasee Motion carried. 6. The Council considered approval of the purchase of six 69KV Oil Circuit Breakers from the City of Garland. The Director of Utilities stated that by purchasing these breakers the City would be saving a minimum of $1,600. Motion was made by Schneider, seconded by Jester that six 69KV Oil Circuit Breakers be approved for purchase from the City of Garland as follows: Number Delivery ])ate Price Each Total 2 April 19'74 $10,600 $21,200 4 April 1975 $11,000 $44,000 Motion carried. M~rch 19, 1974 Continued 7. The Council considered amending the present contract between the City of Denton and Adams Industries for plastic bags. The Assistant City M~nager briefed the Council, stating that the cities of Fort Worth, Cleburne, Garland and Irving have accepted the same proposal and added that a 30 day cancellation clause can be included in the contract. Motion made by Kibler, seconded by Miller to approve contract negotiations with Adams Industries..for. plastic bags at a price of $59.86 per thousand with an escalation and de-escalation tied to the price of virgin resin material. Motion carried. 8. Motion was made by Jester, seconded by Kibler that a voucher in the amount of $1,230.51 to Bill Utter Ford be approved for payment. Motion carried. 9. The following Ordinance was presented: (A) O~I~NCE NO. ~d~ ORDINANCE A~ING TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REGULATING THE INSTALLATION, ALTERATION, OR REPAIRS OF PIPF~S, FITTINGS AND FIXTURES FOR WATER, SEWERAGE, GAS AND GF~L "PLUMBING" IN ALL BUILDINGS AND STRUCTURES WITHIN THE CITY; DEFINING ADMINISTRATIVE RESPONSIBILITY; PROVIDING FOR PERMITS AND FEES; PROVIDING ALTERNATIVE REQUIREMENTS; ESTABLISHING A PLUMBING AND MECHANICAL CODE BOARD; AN~) ADOPTING CERTAIN INSTALLATION REQUIPd~ENTS AND APPENDICES; AMKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE COD~ IN CONFLICT H~REWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIV~ DATE. Following a briefing by the City Manager recommending approval, motion was made by Jester, seconded by Kibler that the Ordinance be passed effective July 1, 1974. On roll call vote Schneider voted "aye", Miller voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 10. Motion was ~ade by Mayor Pro Tem Jester, Chairman of the Nominating Committee, seconded by Kibler that Mr. Wally Reed, 1329 Heather Lane, be appointed to replace Terry Garland on the Airport Advisory B~ard. Motion carried. Meeting adjourned at 8:35 p.m. MAYOR Municipal Building April 2, 1974 Regular meeting of the City Coancil, .City of Denton, Texas, Tuesday, April 2, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Miller and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of March 19, 1974 be approved. Motion carried. 2. BIDS: (A) #8140 Asphalt Tank Insulation Motion was made by Schneider, seconded by Miller that the bid be awarded to the low bidder, B & B Engineering of Dallas, in the amount of $3,500, complete, including all labor and materials for installation. Motion carried. (B) #8141 Asphalt Tank Heating Element Motion was made by Kibler, seconded by Schneider that the bid be awarded to Cooper Machinery in the amount of $3,623.50, with price to include installation, 6 weeks delivery and no freight charges. Motion carried. 3. Motion was made by Sckaeider, seconded by Jester that S-84, the petition of Mr. Clyde Pittman of Northwood Racquet Club of Denton, Inc., requesting that he be granted a specific use permit to operate a private tennis and swim club in a Single Family (SF-10) district (this property is described as being a six-acre tract situated approximately 500 feet east of Old Orchard Lane and 500 feet north of the intersection of Old North Road and Cooper Creek tributary) be referred to the Pilarming and Zoning Commission for its recommendation. Motion carried. 4. Mrs. Johnnie M. Hauptmann, representing the Women's Council of the National Association of Realtors, requested approval to place 16 redwood containers, octagonal in shape--24" across and 27" high on the sidewalks across the street from the 4 sides of the Courthouse. The planters are to be filled with a suitable tree and smaller plants at the base of the tree, and The Denton Garden Club has agreed to help with the maintenance of the plants, as have several business and professional people on the square. Following..a re~,~..endation of approval by the City Manager, m~tion was made by Schneide. r., §econd~d'~b~r Kibler to grant the request. Motion carried. 5. John Shrader, representing a large group of Denton citizens whose names appeared on a petition he presented, requested that "old number 14", the 1935 Pirsch Ladder Truck, be retained as a museum piece for Denton. He stated that the truck could be stored at the First State Bank's former drive-in window area. The City Manager stated that "old number 14" could be a fine educational tool for the Fire Department as well as a museum item for the citizens of Denton. Motion was made by Jester, seconded by Miller to delay action to sell "old number 14" Ladder Truck. Motion carried. 6. The Mayor presented 1973 Texas Safety Association Safety Awards to three departments of the City who qualified, with Denton being 1 of 3 cities receiving such awards. The following departments were recipients: Fire Department--1 year, no lost time from accidents Electric Production--2 years, no lost time from accidents Police Department--3 years, no lost time from accidents April 2, 1974 Continued 7. Members representing the North Texas Ex Marines Association presented a framed letter of appreciation from the Ex Marines Association to the Council for a job well done in recognizing all Viet Nam Veterans in this community and helping the Ex Marines to present a successful Vier Nam Veterans Day program on March 29, 1974 on the NTSU Campus. The Mayor thanked the representatives a~d praised their efforts. 8. The Council continued its discussion from a previous meeting with Mr. Brad Gibson of the Denton Cab Company relative to his request for a cab increase. The City Manager stated that an increase was necessary because of the steadily increasing cost ~perations, and suggested that an annual audit be made available t. 0..~ ~ ~ ~ ~-~he~ oun~ ~t~at studies can be made to adjust cab rates if needed. Motion was made by Jester, seconded by Kibler to grant the rate increase as previously requested, subject to periodic audit review and subject to necessary adjustments, and that the City Attorney be directed to draw an ordinance increasing fares of the Denton Cab Company. Motion carried. 9. Motion was made by Jester, seconded by Miller to approve a quit claim deed releasing an easement in Royal Acres Subdivision. Motion carried. 10. The Council considered a recommendation from the Parks and Recreation Board that Fish-O-Rama be allowed to increase prices on its supplies and services. Motion was made by Kibler, seconded by Schneider that the request for a price increase be approved as recommended ~by the Parks & Recreation Board. Motion carried. 11. The Council considered the recommendation from the Airport Advisory Board recommending purchase of two Army surplus jet fuel tank trucks for the Municipal Airport. Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider to approve the recommendation with the following conditions: (A) Aerosmith, Inc. will lease and prepay a fee not to exceed $3600.00 nor be less than $3000.00 for two year period for these trucks. In addition, Aerosmith, Inc. will pay 1¢ per gallon for jet fuel sold to the public. (B) After a two year period Aerosmith, Inc., will pay 2¢ per gallon on all jet fuel sold. It is recommended that Aerosmith, Inc. have the right to renew the lease of the two jet fuel trucks at a rate not to exceed $10.00 per month. Motion carried. 12. Motion was made by Jester, seconded by Miller that the request of the Highway Department to abandon certain city owned property be tabled until the next regular meeting. Motion carried. 13. Motion was made by Miller, seconded by Schneider to approve a contract change with Freese & Nichols for upgrading Denton's water study, as recommended by the Utilities Board, the City Manager and the Director of Utilities. Motion carried. 14. The Mayor recessed the meeting for an Executive Session to consider subjects authorized within Section 2(E) and 2(F) of Article 6252-19 0lACS) as authorized by law. The public meeting was reconvened in the Council Chambers immediately following the Executive Session. Motion was made by Jester, seconded by Miller that the Mayor be authorized to sign a deed by the City to Kathleen Floyd, conveying surplus ZI'Z April 2, 1974 Continued property located on Carroll Boulevard between West Hickory and West Mulberry streets, in exchange for properties, owned by Kathleen Floyd, encroached upon by the City, and the City is to receive a release from all liabilities and damage claims as a result of the encroachment along the north line of Henry Street from Carroll Boulevard east to the eastern point of the said Kathleen Floyd property. Motion carried. Meeting adjourned at 8:07 p.m. MAYOR i~Kmicipal Building ~pril 8, 1974 Special meeting of the City Council, City of Denton, Texas, Monday, April 8, 1974, at 12:00 noon, in the Council Ck~mbers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. The following Ordinance was presented: ORDINANCE NO. 74-13 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 2, 1974, TO ELECT TWO CITY COUNCILMEN. THE COUNCIL OF THE CITY OF IIE~qTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council efficially finds and determines that an election was duly ordered to be held in tile City of Denton, Texas, on the 2nd day of April, 1974, for the purpose of electing two (2) members to said Counci; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly canvassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the following votes were cast at said. election for each candidate and write-in, there being no other person receiving any votes at this election: Tom Jester 1,49S votes George Schneider 1,304 votes Ray Stephens 1,126 votes Raymond Campbell S?0 votes Curtis Bagley 304 votes April 8, 1974 Continued SilCl' iON III. That the City Council o£fJcially ffinds, determhnes and decl:?,res the re,%u]ts of snid results of said election to be that Tom Jester and George Schneider have each received the proper nt~nber of votes to be elected, and that each of them is elected to said Couucil in accordance with law. PASSED /~NI) API)ROV~ED THIS the 8th day o£ April, A.D. 1974. /s/ ~'J]L'I~ NEU, MAYOR CiTY OF DENTON, TE.,~\S NFl'EST: /si BROOKS HOLT, CITY SECRE'i~RY C ~'I'Y OF D~NTON, T)~AS APPROVED AS TO LE~ FOt~M: W. i~2)H b'tkNlN, Ci27 ATTORN%Y [~TY OF DENTON~ TE2S Motion was made by Kibler, seconded by Mill. er that the Ordinance be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". ~iotJon carried. 2. A study session was held on the 1972-73 Financial Report and the b~magement Letter submitted by the auditing firm of Ernst & Ernst. ~]~e City Manager briefed the Com:cil on the Financial Report and ~'~magemenL Letter, as did B. C. Hosch, representing Enmt & Ernst. A q~estion and answer session followed, w~t~ questions directed to the auditing firm as well as to the City Manager. Mr. Hosch reco~nended that pt'iorities be set for meeting recomstendations in the Mmmgement Letter. Meeting adjourned at ] :30 p.m. ~tAYOR SECt~E'FAK'f Mmricipal Bu~ ld lng April 16, 1974 Regular meetfing of the City Council, City o~f Denton, Texas, Tuesday, April ]6, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. P}~SENV: b~ayor Neu, Mayor Pro Tern Jester, Council Memhers Schneider, Kibler a_t~z Miller; C'il-y Manager, City Attorney and C.]ty Secretary. 1. The C~ty Secretary gave the' Oath of Office to George Sctmeider and Tom Jester Mm were re-elected to a two year term on the Counci] on April 2, 1.97~. The Mayor relinquished the chair to the C~ty Secretary who opened nominations for the posit4on of Mayor of the City of Denton. Motion was ~x~de by Kibler, seconded by Sclmeider that Mayor Bill Neu be re-elected to the post of Mayor. Motion carried unanimously. The Mayor took the chair and opened nominations for the position of bk~yor Pro Tern. b~otion was made by Miller, seconded by Kibler that Mayor Pro Tern Jester bo re-elected Mayor Pro Tern. Motion carried ~animously. 2. Motion was made by Kfb]er, seconded by Schneider that the minutes of the re~lar meeting of April 2, 1974 and the minutes of the special, meeting of April 8, 1974 be approved. Motion carried. 3. BIDS: (A) ~8137 Traffic Sig2als Motion was ~'~m. de by Jester, seconded by Miller that the bid be awarded to the over ~11 low bidder', Econolite D~vision Altec Corp., at a price of $20,672~ with merchandise to be ordered and released az needed and as available m~d not necessarily at one time. b4otion carried. (B) ~8143 Police 3-4~teel Motor Vehicles Motion was made hy Sc~meider, seconded by Jester that the hid be awarded to the low b~dder meeting specifications, Watson Distributing Company, IFc., at a bid of $2,289.15 each, for a net total for three vehicles of $6,867.45 w2th no trade in. Motion carried. 4. Rt!FE~ALS: b'!ot'j~n[was ~:::~dP by'_ Sc!meider, seconded by KJbler 'that the following five etit~o~"h~:~refer:~dd~'~'~'~he Plamd~ ~,~,a 7~,~,, c'~,,;~-~4~,. recon-n'nendations: ~' - A) Z-1255~ ~he petition of Ms. Jane Houston ~-c,.el_~, requestin2 tim t -~- ' tho zonin~ classi-fication of approximately 3.S29 acres located on ~nes Street bo changed from the Sherle Family ~SF--I~) to the Mult~-fsm2ly classification. '"', Jm.,~ p~'oDor~y is fur2her described as being located adjacent to the City of Denio'a electric substation on the north, south, and east side. 'l't~e City't::~x reco?ds dts~nate this property as City Block No, 191~G, Lot No. S. S-~7, t~x~ pe't. 5. tion of Mr. ~;en Greenfield~ requesth~2 that he '" "~' ~e~.a.t ['or 'the operation of an outdoor comme~-cJal b2~ ~r'fi h,ecl ~t specific t~.~t, t ~,n~semcm't: center Jn thc 3200 hiock of North Locust. 'fhls property is further ~cscrtbed as be~.i~g a 1~5 acre CJ'cy park, knorm as Evers Pac.'k, located due east o~' the inl'ersec/Jou ~,~' ~','Jndgo'l' ]ti ~ nnd ,' Apr'ii 16, ]974 Conthmcd (C) S-86~ tho petS. L~on of Mr. Ix: g~ anted a slx¢c'iJ, ic uso ])eYlllSL COl %he operation of a licoilsCd in'irate club Jn a Ccne]'ai }IcLad] (GR) distr.i, ck aL 921 Avenue C. This ln'OpCrLy 5s fln't'her descr]lmd n:: bcS:~g 1eta!ed in the Carr;iage Square ShoppinF, Center and .is desig- ])aged in the Cit), tax records as Cit.y Block No. 378. (D) S-85, thc pet'Stion of Mr. Stephen A. llarper, rcques/.ing that ]m be granted a specific use permit For the operation of a licensed private cJub in a ,xlu]l.i.-i'am[])' furth( r de?ribcd as bei'ng located :ir> the middle of the block between Avenue O an..~ J',om-fie },lac ~tt'(,ol'.~;. Oak and llickory Streets bound thSs property on the north and ...... O.ki. ocZllg ]alld uso ftS the "Cluster's Apmrtnlents" and tho p~<:~o:;c:d l)rJvate club is l.o be ]ouu%ed in the center of the apartment comp]ex area. 'l~te City tax records designate this property as City Block No. 5025, Lot No. (E) Z-1253, the pel:J.tJon of the Co~mmity Development Department, requesting t}w~t the zonSng c]assifScation of Carroll Boulevard between tlenry and }toss Streets be chan.ged from the General Retail (GR) to the OffSce (O) c]assJficatJoa. This property is further described as being City Block No. d~6, Lot Nos. 11, 12, ~3.1 and t3. Mot 5. PUJ3LIC ]tE~INGS: (A) A public hearing was held on S-83, tJ~e petition of Mr. Rich WeSl,l. er, requesting that be be granted a specific rise penn~t for the operation of a prkvate club in a General Retail (GR) dSstrict at 1208 I,I. }tickory. This property is further descrSbed in dm City t~ records as City Block No. 365, Lot Nos. 1.4 and 16. After hearing 1 proponen2 and none in opposStion and a report of approval by the Plamfing and Zongng Conmfiss~on, motion was made by Schneider, seconded by Jester that the petition be approved with the following conditions' (1) ]1mt the permit be issued to Pizza tIut of North Texas, Inc. , and be non-transferable, but can be operated by agents and · employees. (2) That the State Liquor Control Board licensing requirements be complied with. (S)]~at the private club be operated in accordance with lhe ordinances of thc City of Det~ton. (4) 'ii'mt onl); beer and w:ine be so]d. blo'[5 on carried, (t~) A publSc hearing was h. eld on Z-123l, the petition of the Congnim[t5~ ]:eve'lopment l')epa ctmont, requesting that the zoning classification of 62?; IVi thor:; Street bc chflllgod from the Ncighborlmod Service (NS) to the Hulti-- Fami]y (>.Il'--i) classificalioa. This in'opm ty is furt, h~r described as being located on the north sSde of l~!ii:hers Street approximately one hundred (]00) ]'t'('l west. ['l'o/il the inte,'~ectSon of F'ramo and Ifil'hers Street. 1I~e City tax records desiknate this properW as City Block No. 150, Lot No. 14. The City l:~x record,~ (Ic,,~i~nnt(' 'ili5< property ?'; Ci%y Bloc!< No. t50, Lot no. 14. The d imc~s i(,~s o1' 1'his pY(>pur'gy are api~roxJma'tt oy bO feet l)y 2 90 feet. Afl:er he,:ring t!~e Assistant Cil.y Plammr give a report oF npprova] 1)'/ the P1;nm',n~l amt Zo:fin2 ConaM:.mion but no one slOeakin~,. 5n opposition, motion ~,:~2; re'Me i5' .I~2.,lpr, 5(:(.olMh'd b)' KiMer that the pot.iLion i)e approved. MotJoh ~,p, J1 16, l!J4 Cont.immd 6. The [o]]ow~ug Ord]:mncc was presented: PdRSLFkNT TO SA] D MtP STSTI~?,{', I)]~I.1NE.VI'J N:S O'11 !fir C} JAII(iES AND FllhS FOR APPROPRI ATE SFIUCI'Cf:c' A?i; 'r', u,, .......... , ..... "" Hotion was ~.:~d', by k].l let, seconded by Schneider that lbo Ordinance bo passed and that thc City stair conl inuo its stu.d), of' cai: oporatJens. On 7. The City ~,tu.uSe~ ~ .... c2.,<,ndcc, that a proposed ordJna, txze adoptJ ~g the 1975 edit:ion of dm UnLform Building Code and the 19/3r .~. ect~t~on" ' of the Uniform Fire Code be tel,led until a study session with t-i~e BuildJ~g Code Board can be arran2ed. Motion was ~m~de by Schneider, seconded by K~.t" ~ler that the Ordinance ' be tabled. Motion - -'~' Carl lt.ct, 8. 'l~le Council considered approval of all vouchers 5n excess of $].,000. (A) lqotion was made by Jester, seconded by Sclmeider that a voucher to Turbo ReTr5gerating Company for ]ease option pure.se oE a ~ixrbo Ice Maker Model 2000 SClf in the amount of $1,962.20 be approved. Motio~ carried. _. (B) biotion was made by Sc~eJder, seconded by MUlet to approve a voucher to Texas Surplus in the amomtt oE ~L,169.28. Motion carried. (C) ~otS.on was made by ~iller, seconded by Kibler that two voudmrs ill the ~llount of $2,584 to the William Powell Company for services at the Power }lam, and for $1,g2!.54 for a service mm~ to check power valves be approved '..: for payment. 5k>tion carried. (D) kbtS. on was made by ~,Jm~der, seconded by N:iller that a voucher 5.n the amount of $3,328.20 for preparation of field notes and plats of the Denton city limits be approved for pa~nent to Dm<ey Fields, Surveyor. No~ion carried. 9. The Council cons:idered approval of add5 ~ional ,insurance with ltsrtford lnsuranco Company to covor Power Plant equipment, and' the l)5rector of UtilStSes stated that by purchasing a three year policy at thSs time a total savings of $!0,000 can be realized, and that the Public Utilities Board had approved such a policy. Motion was made hY Kibler, seconded by Miller to approve the purchase J of a new three year policy with the ltartford Insurance Company. Notion carried, 10. The Council consJdored approval of the ammal 1972-]975 audit prepared by Ernst & Ernst. ' The City Manage~ rocommcnded acceptance. ~: bbtiort was ~n:~do by Sdmezde~, seconded by Kibler that the audSt be accepted w~l:h [he tmdcrstamljng th t ~il:y Staff m~ke fui'ther Stta])' O[ tho reFort ando',,.h',., _~-; .~'... the (h,unc5 1. Mot.i on carr:[ cd. ] t'~,,m~ d tO 'tt},O p'cOpOSCd C/,~!ztrt~c.l:5 oii ol I,oop:'~°°,,:, soulh of' 1 The /)irector' of (k ~.h,, ~,]ty Dew::]oy,mc. nt broere.t thc CountS], stating ~.,t boob O[t~OF-JlW'iUjF,C:, fo.!al'irc, l~) dc. vcloIr::c'nl i~ the ar('a of Apr1 I ].6, .1974 Continued ]2. Hot ion V:?h~: n'~de by Jestcl', seconded I)y l(ib]er t}mt the Tax Hot ion '13. Tho Counc'i'l com;idm'ed fha requc:;t of the Staff' to advert'~se ['or bids for exc:tv:t'tion equip,~cmt for credo and draJm~ge wuy cleaning, ~btion ScMeider,_ secoMed by Kibler that Staff be authorized to advertise for bids for ex~vating equi~ent, bu~ not to include drag line as trade in. Motion carried. 14, ]ir'. Alex l-inlvy rlpn('arod before tho Cotmci] on beim]l- of Tim Conunm~5l.y I)~',T, A!,u,;o Provol~tion AdvJ sory Council, colicel'nhll} COFXIRIli} tV bkl] ] Ctill boards. ]k. ]:in!~b, stated 1:hat many persons who have nothin5 to do need to know whats ]mppeuJ~}l 5p I)enton. lie requested 1:hat the City appro~e bi]]boards at the Fred ~bore Park, The Ci.v'~c Center Park~ 51clienna Park and Nettic Schultz Park at a max:imrm~ cost o:f $250.00 for each board, but that the cost would be ]ess if the work is done by the N/'SU Industrial Arts Department. tie added that the Recrcation Department of the Cily had agreed to update these .boards on a regular basis, Motion was made by Schneider, seconded by .)ester to approve $1,250 for the rcqucsted purposes and that 'Lhe ~'~micipal Staff and Drug Abuse Prevent. ion Advisory C~mnci! l}et together as qu~_ck]y as possible so that the offer c,f the Industrial ~M'ts Department of NTSU can be utilized. Hotion carri ed. Hecting adjourned.ah 8:45.p.ml Municipal Building April 29, 1974 Special meeting of the City Council, City of Denton, Texas, Monday, April 29, 1974, at 11:50 a.m., in the Conference Room of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider and Miller; City Manager, Assistm~t CityManager, City Attorney and Assistant City Secretary. ABSENT: Council Member Kibler 1. Motion was made by Jester, seconded by Miller that the City of Denton enter into an agreement with the United States Department of Agriculture Soil Conservation Service to provide a watershed for Hickory Creek and that the Mayor be authorized to sign in behalf of the City. Motion carried. Meeting adjourned at 12:10 p.m. ASSISTANT CI~ SE~, ETARY ! Municipal Building May 7, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 7, 1974, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Miller, Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by Jester that the minutes of the regular meeting of April 16, 1974 and the special meeting of April 29, 1974 be approved. Motion carried. 2. ~e following Ordinance was presented: Ordinance No. 74-15 ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS Following a briefing by Mr. Frank Medanich, First Southwest Company, the City's Financial Advisor, motion was made by Jester, seconded byMiller that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 3. Dr. Charles Satmders, Chairman of Flow Hospital Board, and Mr. Wallace Duvall, Flow Hospital Administrator reported to the Council on the progress of Flow and then played a tape recording of the accreditation report. The Mayor complimented Flow's service to the community and the favorable accreditation report. 4. BIDS: (A) #8144 Street Light Brackets Motion was made by Jester, seconded by Schneider that the bid be awarded to Cun~ins Supply at a firm price of $32.00 each for a total of $1,280, FOB Denton, terms, 8-10 weeks delivery. Motion carried. (B) #8145 Selective Vegetation Control Motion was made by Kibler, seconded by Schneider that the bid be awarded to Greenway Lawn & Turf of Denton at a low bid of $8,758.22. Motion carried. (C) #8146 Trenching Machine and Trailer Motion was made by Jester, seconded by Miller that the bid be awarded to the low bidder, Digz-All of NorthTexas, in the amount of $4,550, FOB Denton with immediate delivery of the ditching machine and trailer complete. Motion carried. (D) #8149 Utility Bodies and Side Tool Boxes Motion was made by Jester, seconded by Schneider that the bid be awarded as follows: Item 1 to Fleet Equipment of Fort Worth at a bid of $721, including installation. Item 2 to Fleet Equipment of Fort Worth in the amount of $457.35 each (total of two), including installation. Motion carried. May 7, 1974 Continued (E) #8150 Concrete Saw Motion was made by Schneider, seconded by Kibler that the bid be awarded to P. A. Ross Machinery at a low bid of $1,443 for a Target Saw Model EC185 D/M, FOB Denton with delivery within thirty days. Motion carried. (F) #8151 Concrete foundations, walks and driveway at Locust Sub-Station Motion was made 'by Kibler, seconded by Schneider that the bid be awarded to the over all low bidder, Floyd Glenn Smith Construction Company of Denton, at a price of $9,103. Motion carried. (G) #8148 Trucks and Truck Bodies Motion was made 'by ,Schneider, seconded by Miller that the bid be awarded as follows: Item 1 To Bill[ Utter Ford for four dump truck cabs and chassis at $5,900 each for a total of $23,600. Item 2 & 8 To .Bill[ Utter Ford in the amount of $3,190 for the truck cab and chassis plus $285 for the 9' platform bed installed. Total price is $3,475. Item 3 To Bill Utter Ford in the amount of $4,375 each for two 20,000 lb. GVW, 102" cab to axle truck cabs and chassis. Item 4 To Banner Chevrolet in the amount of $8,689.31 for a 152" cab to axle truck cab and chassis plus $300 for stretching (Cutting, adding to and rewelding). Item 5 To Banner Chevrolet for one 3/4 ton fleetside pickup in 'the amount of $2,996.65. Item 6 To Fruehauf Truck Equipment in the amount of $1,464 each. $5,856 for four (4) dump bodies installed. Delivery in Dallas. Item 7 To Motor Truck Equipment in the amount of $1,318 each for a total of $2,636 the two 12' platform bodies mounted on city trucks. Motion carried. 5. Motion was made by Kibler, seconded by Jester that the following four petitions be referred to the planning and Zoning Commission for its recommendations: (A) Z-1236, the petition of Messrs. Jim Neblett and Allen Manteuffel, who is a representative of the Safety-Kleen Corporation, requesting that approxi- mately 28.5 acres paralleling the north side of Highway 380 and located approx- imately 500 feet from the denter line of Highway 380 be considered for the Planned Unit Development classification. Also, a 12 acre tract located at the intersection of Cooper Creek Road and the south side of the Texas Pacific Railroad track is being considered for the Planned Unit Development classification and annexation (B) S-88, the petition of Mr. Larry Brinkley requesting that he be granted a specific use permit ~r a fraternity house in a Multi-family (MF-1) district at 1234 Avenue A. This property is further described as being located at the northwest corner of Avem~e A and Greenlee Street and is designated in the City tax records as City Bleck No. 376, Lot No. 3. The dimension of the property is approximately 186' x 232.5'. (C) S-89, the petition of Ms. Judy C. Irving, representative of the Rudra Restaurant, requesting that she be granted a specific use permit for the operation of a licensed priw~te club in a C~imrcial (C) district at 108 Congress Street. The Rudra Restaurant is further described as being located on the May 7, 1974 Continued (D) S~90, the petition of Mr. Morris Unsell requesting that he be granted a specific use permit for the operation of a nursing home in a Multi- family [MF-1) district at 2224 N. Carroll Boulevard. This property is further described as being located at the southeast corner of N. Carroll Boulevard and Fain Street. The City tax records designate this property as City Block No. 445, Lot Nos. 11, 12 and 13. Motion carried. 6. PUBLIC HEARINGS: (A) A public hearing was held on S-84, the petition of Mr. Clyde Pittman of Northwood Racquet Club of Denton, Inc., requesting that he be granted a specific use permit to operate a private tennis and swim club in a Single-family (SF~'10) district. This property is described as being a six-acre tract situated approximately 500 feet east of Old Orchard Lane and 500 feet north of the intersection of Old North Road and Cooper Creek tributary. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be approved with the following conditions: (1) That the land surrounding this tract be subn{i~ted for final platting to the Planning and Zoning Commission and that club buildings meet city building codes and set back requirements. (2) That the developer extend, plat and pave Windsor Drive in a westerly direction up to and across the northern boundary of this tract. (3) That the developer extend, plat and pave Old North Road northward to the southern boundary of this project including the bridge across Cooper Creek. (4) That the developer connect the above mentioned extended roads together by platting and paving. (5) That no day care nursery service be provided except for custodial care for club members' or their guests' children and then only during the time such parent(s) are physically present upon these premises. (6) That the developer, before selling the surrounding lots and property, construct and maintain two signs of a minimum of 32 square feet each. One such sign is to be placed at the northeast boundary line of this tract and the other at the southwest boundary line of this tract. The purpose and size of these signs shall be to convey to the general public the size, scope and nature of this proposed land use. (7) 'Fhat the use of lighting for outdoor recreational facilities be limited to the hours of 7 a.m. until 11 p.m. Motion carried. (B) A public hearing was held on S-86, the petition of Mr. J. Zack Thompson, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at 921 Avenue C. This property is further described as being located in the Carriage Square Shopping Center and is designated in the City tax records as City Block No. 378. After hearing 2 proponents and no. opposition and a report of ~ approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Jester that the petition be approved with the following conditions: (1) That this specific use permit be non-transferable and be issued to Mr. J. Zack Thompson. 222' May 7, 1974 Continued (2) That the area where alcoholic beverages will be served be readily and easily identifiable and partially separated from the area being proposed for dining only without alcoholic beverages being served. (3) That ~he petitioner secure a State liquor license. (4) That the petitioner comply with all codes and ordinances of the City of Denton. Motion carried 4 to 1. 7. The following Ordinance was presented: Ordinance No. 74-16 (Community Development Dept) AN ORDINANCE AMENDING THE ZONI~3 MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED ASANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 14, CITY BLOCK NO. 150, AS SHOWN THIS DATE ON 11~E OFFICiDIL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 8. The following Resolution was presented: AT A REGULAR MEETING OF THE CI~ COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF MAY A.D. , 1974. RESOLUTION WHEREAS, the State of Texas proposes to offer for sale a certain tract of highway right-of-way being 17.818 square feet of land more or less, situated in the Nathan Wade Survey, Abstract 1407, and being a portion of a 4.82 acre tract of land conveyed to the State of Texas by deed recorded in Volume 400, Page 103, Deed Records of Denton County, Texas, said 17,818 square feet of land being more particularly described by me~es and bounds as follows: BEGINNING at a point in the existing West right-of-way line of I.H.35 South 02 Deg. 57 min. East 344 feet and South 01 deg. 29 min. 00 sec. West 258.77 feet from Northeast corner of a tract of land conveyed to Richard A. Harris by deed recorded in Volume 380, Page 271, Deed Records of said County; THENCE South 07 deg. 56 min. 20 sec. East for a distance of 469.74 feet to a point in the South line of said State of Texas tract of land; THENCE North 88 deg. 31 min. 00 sec. West for a distance of 76.90 feet to the Southwest corner of said State tract; THENCE North 01 deg. 29 min. 00 sec. East for a distance of 463.40 feet to the place of beginning, and WHEREAS, the State of Texas through its Highway Department has requested a determination of whether that certain tract of land is needed by the ~ citizens of the City of Denton for use as a road; and WHF~RFAS, an independent determination has been made by the City of Denton that said parcel of land is neither presently used nor anticipated to be used or required to be used to meet the traffic requirements of the citizens of Denton; now therefore May 7, 1974 Continued BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, That the City of Denton approves of the proposed action of the State of Texas for the sale of the aforementioned property. PASSED AND APPROVED THIS THE 7THDAY OF MAY A.D., 1974. /s/ BILL NEU, MAYOR A2TEST: /s/ BROOKS HOLT CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Miller voted "aye", Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 9. The Council considered the work study agreement with North Texas State University, providing for employment of students by the City Government. Motion was made by Miller, seconded by Schneider to approve a work study agreement with North Texas State University and to authorize the Mayor to sign such agreement. Motion carried. 10. The Council considered the creation of a one way traffic pattern on Chestnut, Avenue A andWest Prairie. Motion was made by Kibler, seconded by Miller that a one way pattern be approved from Welch Street west on West Prairie to Avenue A then north on Avenue A to W~st Chestnut and then e~st. onWest Chestnut to Welch, as recommended by the Traffic Control Department. Motion carried. 11. Motion was made by Kibler, seconded by Schneider that the Tax Adjustment Report for the month of April, 1974 in the amount of $821.02 be approved. Motion carried. 12. The Mayor recessed the meeting for an executive session to consider subjects authorized within Section 2(£) and 2 (J) of Article 6252~.19 (VACS) as authorized by law. Following the conclusion of the executive session, motion was made by Kibler, seconded by Miller to recess until Friday, May 10 at 12 noon. Motion carried. - 13. The Executive Session of May 7 reconvened at 12 noon on May 10, 1974 and adjourned at 12:45 p.m. The public meeting was reconvened immediately thereafter. Following a briefing by the Manager, motion by Kibler, seconded by Miller to authorize supplementing the 1973-74 budget in the amount of $90,000 for increased salary adjustments to conform to new minimum wage law, including time and one half overtim~and to fund a 5% cost of living increase to all employees already above minimum wage. Motion carried. Meeting adjourned at 1:05 p.m. ~ ~--~ Mayor Municipal Building May 14, 1974 Joint Session of the City Council and Planning Commission, City of Denton, Texas, Tuesday, May 14, 1974, at 7:30 p.m. in the Council Chambers of the Municipal Building. C OUNC I L PRESF~NT: Mayor Pro Tern Jester, Council Members Kibler, Schneider and Miller; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Neu PLANNING AND ZONING COMMISSION PRESENT: Manning, Gage and Powell ABSENT: Hill and Thompson 1. A possible amendment to the zoning ordinance which would provide for a historical zoning classification was considered. Interested citizens spoke relative to the matter, pointing out that many residences, particularly on Oak and Hickory streets, lend themselves to historical value. As an exarrple, the ordinance relative to Swiss Avenue in Dallas was used. Planning and Zoning Members indicated that they favored such an ordinance on an individual petition basis, and so recommended to the Council. Motion was made by Miller, seconded by Kibler to direct the City Attorney to prepare an appropriate amendment to the zoning ordinance creating a historical zoning classification after input from Council and interested citizens. Moti on carried. 2. The city policy in regard to construction of south Loop 288 as a State Highway project was discussed. The following developers spoke: (A) S. A. Russell, Jr., Staff Engineer with the Baker-Crow Company, presented the following proposal: (1) We will dedicate a 100 foot wide right-.of-way across our 181.92 acre tract to be located with the proposed Texas Highway Department Loop 288 right-of-way. (2) We will design and build as soon as practical, at our cost, one-half of Loop 288 across our property, but requesting the following from the City of Denton: (a) That the City take necessary action with other developers and property ow~lers between us and I.H. 35 to insure the connection of Loop 288 with I.H. 35. (b) That the City accept the above proposal with the maintenance responsibility on Loop 288 as proposed when completion of construction has occurred in accordance with plans and specifications approved by the City of Denton. (B) Jack McJunkin, representing Den-Mac Developers, owner of land between the Baker-Crow property and I.H. 35E stated that under proper conditions his company would follow ded:ication and street construction as indicated by - Baker-Crow' s proposal. (C) Robert Heiser, developer of Timber Oaks Estates, stated that he could not afford to give :land for right-of-way and could not wait 5 to 10 years to develop his property. May 14, 1974 Continued Also speaking was Ms. Viola Hamilton, resident of Conway Street. She objected to noise and pollution and dividing of residential areas with a highway. The City Manager advised that the State Highway Department had held a public hearing in Denton, and that the State Highway Department had subsequently engineered the Loop and had indicated that they would not change these plans. The Director of Community Development gave advantages of City and of State construction of the Loop, adding that there were pitfalls in each plan. Mayor Pro Tem Jester suggested arranging a meeting with the State Highway Department to explore alternatives. The Council concurred. 3. Possible amendment to the zoning ordinance which would restrict private club applications to General Retail districts or other classifications was considered. Council Members mentioned such things as inadequate parking, separation of the private club from restaurant areas, lack of control of clubs by the City and that Denton was becoming wet little by little without voter approval. The City Attorney stated that a Specific Use Permit was much more restrictive on clubs than in land use permits and that the City should be more concerned with enforcement of the permits. The Planning and Zoning Commission recommended approval be given only to requests for clubs in retail, commercial and industrial districts only, that adequate parking be provided, that the club location be more than 300 feet from residences, schools and churches and strict building requirements be enforced for all club buildings. Motion was made by Schneider, seconded by Miller that an amendme~ to the zoning ordinance be prap~ra~t with such amendment to include the f~llowing requirements, as recon~nended by the Planning and Zoning Commission: (A) Clubs be located only in retail, commercial or industrial zone districts only. (B) Adequate parking. (C) Clubs located not less than 300 feet from residences, schools and churches. (D) Club building meet all City building requirements. (E) Club owners have a State Liquor License. Motion carried. 4. Possible drainage ordinance which could be included in the subdivision rules and regulations was considered. Following considerable discussion, the Planning and Zoning Commission recommended that an amended drainage ordinance be prepared for subdivisions to include individual lot site drainage plans for each structure, indluding proposed floor elevations. Motion was made by Kibler, seconded by Schneider that the City, Attorney be directed to prepare an amended drainage ordinance for subdivisions to include lot site drainage plans for each structure, including proposed floor ele%rations, as recommended by the Planning and Zoning Commission. Mot~n carried, Meeting adjourned at 10:35 p.m. ~ ~~ Municipal Building May 21, 1974 Regular meeting of the City Cou~cil, City of Denton, Texas, Tuesday, _May 21, 1974, at 7:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Schneider, Miller and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Sctmeider, seconded by Miller that the minutes of the regular meeting of May 7 and the special joint meeting of the Planning And Zoning Commission and the Counci~ on May 14 be approved. Motion carried. 2. BIDS: (A) #8152 Transformer Building Motion was made by Miller, seconded by Kibler that the bid be awarded to H. W. Down Development C~pm~ at a low Bid of $2,511.50. Motion carried. ~B) #8155 Fault Locator Motion was made by Kibler, seconded by Schneider that the bid be awarded to Hipotronics, Inc. at a low bid of $5,995, FOB Denton, with factory stock delivery. Motion carried. (C) #8156 Excavating Equipment Following considerM~le discussion and a briefing by the City Manager relative to the sealed bid procedure required by the City of Denton, motion was made by Jester, seconded by Kibler that the bid be awarded to Hi-Way Machinery Company of Dallas at a low bid meeting specifications in the amount of $66,045, without trade-in and with deliw~ryAugust 26, 1974, and without stabilizers. Motion carried. 3. The following Ordinances were presented: (A) ORDINANCE NO. 74~17 AN ORDINANCE REPEALING ORDINANCE NO. 74-15: AND DECLARING AN EFFECTIVE DATE Motion was made by Miller, seconded by Kibler that the Ordinance ~e passed. On roll call vote Schneider voted "aye", Miller voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 74-18 ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS Motion was made by Miller, seconded by Kibler that the Ordinance be passed. On roll call vote Miller voted "aye", Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 4. PUBLIC HKARINGS: (A) A public hearing was held on Z-1235, the petition of Ms. Jane Houston Sewell requesting that the zoning classification of approximately 3.529 acres located on Dunes Street be changed from the Single Family (SF-10) to the Multi-family ~-1) elas~ificati~l!~- Th_j,~property is further described as being located a~ja~en~ to th~C$~y o~D~j~ele~ric substation on the north, south and east side. The City tai~Y~'~.~ a~~his property as City Block 191-G, LotS. Afte~ring~]~ proponent and none in opposition and a report of approval by the Pla~ing an~goning Co~nission, motion was made by Jester, seconded by Schneider that the petition be approved. Motion carried. May 21, 1974 Continued ~'~ (B) A public hearing was held on S-88, the petition of Larry Brinkley requesting that he be granted a specific use permit for a fraternity house in a ~lti-family (MF-1) district at 1234 Avenue A. This property is further described as being located at the northwest corner of Avenue A and Greenlee Street and is designated in the City tax records as City Block No. 376, Lot No. 3. The dimension of the property is approximately 186' x 232.5'. After hearing one proponent and none in opposition and a report of approval by the Planning and Zoning Comission, motion was made by Jester, seconded by Kibler that the Specific Use Permit for the Iota Zeta Zeta House Corp. of the Lambda Chi Alpha~Fraternity be approved with the following conditions: (1) That the building occupancy be limited to two persons per bedroom. (2) That if this building ceases to exist as a fraternity house, this specific use permit be revoked. Motion carried. (C) A public hearing was held on S-87, the petition of Mr. Ben Greenfield requesting that he be granted a specific use permit for the operation of an outdoor con~nercial amusement center in the 3200 block of No. Locust. This property is further described as being a 25-acre City park, known as Evers Park, located due east of the intersection of Windsor Drive and No. Locust. After hearing one proponent and two in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Miller to approve the petition with the following conditions, as recommended by the Planning and Zoning Commission and to allow the Parks Board to set time of operation on a year to year basis: (1) That the specific use permit be non-transferable and shall be executed for so long as Mr. and/or Mrs. Ben Greenfield elect to operate the amusement park or center. (2) That the location of the amusement center shall be adjacent to parking lot facilities in Evers Park and subject to the approval of the City Parks and Recreation staff. (3) That the specific use permit continue in full force and issuance for so long as Mr. and/or Mrs. Ben Greenfield have a valid contract with the City of Denton for the operation of the amusement center. Motion carried 4 to 1. S. Motion was made by Kibler, seconded by Schneider to approve a Quit Claim Deed from the City to TWU and to Robert L. Castleberry for~the portion of Frame Street north of Grove Street, and that the Mayor be authorized to sign same. Motion carried. 6. The Council considered a minute order recommending future abandonment of easement in Westgate Subdivision at such time that it is no long required for utility usage. Following a briefing by the Director of Utilities, motion was made by Jester, seconded by Schneider to approve a minute order to abandon easement in Westgate Subdivision when no longer required for utility usage. Motion carried. 7. The Council considered approval of the Texas Municipal League Workmen's Compensation contracts. Motion was made by Jester, seconded by Miller to approve the contract and interlocal agreement and that the Mayor be authorized to sign. Motion carried. 8. The Council considered an Ordinance adopting the 1973 edition of the Uniform Building Code. Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider to table the matter and to arrange a meeting with the City Building Code Board to discuss both the Building and Fire Codes. Motion carried. May 2;L, 1974 Continued 9. The following Ordinance was presented: (A) ORDINANCE NO. 74-19 AN ORDINANCE AMENDING TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE WEED ABATEMENT AND ASSESSmeNT ORDINANCE TO PROVIDE THAT THE CITY MANAGER OR HIS DESIGNEE ENFORCE SAME; R]~]PEALING ALL ORDINANCES AND PROVISIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Miller voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 10. The Council considered recommendations of the City Attorney in regard to rate increase application from General Telephone Company. The City Attorney presented a written study with recommendations relative to the rate increase. Motion was made by Jester, seconded by Schneider to table the matter for further study and review.. Motion carried. 11. REFERRAL: Motion was made by Kibler, seconded by Schneider that the following two petitions be referred to the Planning and Zoning Commission for its recommen- dations: (A) Z-1238, the petition of Mr. Franklin Davis requesting that the zoning classification at 3200 Donna Road be changed from the Single-Family (SF-16) to the Single-Family (SF-10) classification. This property is further described as being approximately three acres located at the north end of Donna Road on the east side. The City tax records designate this property as City Block No. 4076A, Lot No. 6. (B) S-91, the petition of Mr. Franklin Davis requesting that he be granted a specific use permit for the operation of a day nursery or kindergarten school in a Single-Family (SF-10) district at 3200 Donna Road. This property is further described as being approximately three acres located at the north end of Donna Road on tahe east side. The city ~tax records designate this property as City Block No. 4076A, Lot No. 6. Motion carried. 12. Motion was made by Jester, seconded by Kibler that a voucher in the amount of $1,3~4.94 to Texas Surplus Property Agency be approved for payment. Motion carried. 13. The Manager advised that a meeting of the Council and the Planning And Zoning Commission had been arranged with Highway Department Officials at 12 noon on Wednesday, May 22, 1974 to discuss the Loop 288 extension. Meeting adjourned at 9: SO p.m. ~YOR CITY SECRETARY Municipal Building May 22, 1974 Special joint meeting of the City Council,~ Plarming And Zoning Commission and representatives of the district and local offices of the State Highway Department, Wednesday, May 22, 1974 at 12 noon. PRESENT: Council--Mayor Neu, Mayor Pro Tern Jester, Council Members Schneider, ~ and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. PRESENT: Planning And Zoning Commission--Hill, Thompson, Powell and Gage ABSENT: Manning 1. The purpose of the meeting was to discuss the proposed south Loop 288 problems with John Keller, District Highway Engineer, Fred Simmons, District Right of Way Engineer and Joe Maddox, local Highway Engineer. 2. Mr. Keller reviewed the money problems of the Highway Department and pointed out that it would take 6 to 8 years to complete the entire Loop if work were to start today. Mr. Simmons stated that developer's offer of right of way for street construction could possibly jeopardize the State's part in Loop 288 completion and that anything built contrary to matters resolved following a public hearing in Denton could cause difficulties. Mr. Simmons stated that the State must have at least a 200 foot right of way for Loop 288 and developers had offered only 100 feet. Following various and sundry questRons and answers, Mr. Keller suggested to the City Manager that a proposal by the City be presented to his office in writing and that a written answer could be made available within two weeks. In ~nswer to a question by Jester, Mr. Keller advised that Carroll Street construction could begin within a year and a half and Sherman Drive some time later. Meeting adjourned at 12:55 p.m. MAYOR CITY SECRETARY Municipal Building June 4, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 4, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller 1. Motion was made by Jester, seconded by Schneider that the minutes of the regular meeting of May 21 and the special meeting of May 22 be approved. Motion carried. 2. BIDS: (A) #8157 750 MCM Cable Motion was made by Schneider, seconded by Kibler that the bid be awarded to Priester Supply at a low bid of $1,805.56 per 1,000 foot, FOB Denton. Motion carried. (B) #8159 Pole Bands Motion was made by Jester, seconded by Schneider that the bid be awarded to Cummins Supply at a low bid of $1,501, FOB Denton, estimated delivery of 30-45 days. Motion carried. (C) #8161 Roll-off Frame Motion was made by Kibler, seconded by Schneider that the bid be awarded to the low bidder, Dempster Brothers of Cleburne, Texas, for the net amount of $5,300 installed. Motion carried. (D) #8162 1974 Pickup Truck Motion was made by Jester, seconded by Kibler that the bid be awarded to Denton Truck Sales at a ].ow bid of $3,348 less $850 trade-in, with immediate delivery. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1236, the petition of Messrs. Jim Neblett and Allen Manteuffel, who is a representative of the Safety-Kleen Corporation, that a five-acre tract located at the intersection of Cooper Creek Road and the south sade of ~e Texas Pacific Railroad track be considered for the Planned Unit Development: classification and annexation. After hearing 2 proponents but no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be approved with conditions and that the City Attorney be directed to begin annexation proceedings. There follows the conditions: (1) That a general plan be submitted to the Planning and Zoning Con~nission and the City Council for approval showing the proposed la~d uses. (2) That proposed streets be shown in conformity with the general plan, but: that their location and alignmont remain flexible until final site plans and/or plats are submitted for review and approval. (3) That the general plan show generally where drainage and utility easements will be provided but remain flexible until final site plans and/or plats are submitted for review and approval. Motion carried. June 4, 1974 Continued (B) A public hearing was held on S-89, the petition of Ms. Judy C. Irving, representative of the Rudra Restaurant, requesting that she be granted a specific use permit for the operation of a licensed private club in a Commercial (C) district at 108 Congress Street. The Rudra Restaurant is further described as being located on the north side of Congress between Elm and Locust Streets. The City tax records designate this property as City Block No. 405, Lot No. 3. After hearing 1 proponent but no opposition and a report of approval by the Platting and Zoning Commission, the City Attorney requested tabling of the matter for further legal investigation. Motion was made by Kibler that the petition be tabled. The motion died for lack of a second. Motion was then made by Schneider, seconded by Jester that the petition be approved with the following conditions: (1) That this permit be issued to Bob Robert Sink and be non- transferable. (2) That the petitioner secure an operational license from the Texas Liquor Control Board. Motion carried 3 to 1. (C) A public hearing was held on S-90, the petition of Mr. Morris Unsell requesting that he be granted a specific use permit for the operation of a nursing home in a Multi-family (MF-1) district at 2224 N. Carroll Boulevard. This property is further described as being located at the southeast corner of N. Carroll Boulevard and Fain Street. The City tax records designate this property as City Block No. 445, Lot Nos. 11-13. After hearing 1 proponent but none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be approved with the following conditions: (1) That the total buildings and land use meet existing codes and ordinances of the City of Denton. (2) That a site plan be submitted for review and approval to the Planning and Zoning Commission, including off-street parking, with a minimum of one (1) parking space for each six (6) rooms or beds (in accordance with Article 15B(5) of the current zoning ordinance. Furthermore, the site plan should show adequate drainage of the property. Motion carried. 4. The Council considered approval of a contract between Ben Greenfield et ux and the City of Denton regarding amusement rides in Evers Park. Following a briefing by the City Manager, motion was made by Jester, seconded by Schneider that the contract be approved commencing on the 4th day of June, 1974 and terminating on the 1st day of September, 1975, and to authorize the City Manager to sign the contract. Motion carried. 5. Motion was made by Kibler, seconded by Schneider that the Tax Adjustment Report for the month of June, 1974 in the amount of $1,293.86 be approved. Motion carried. J~me 4, 1974 Continued 6. The following Ordinance was presented: ORDINANCE NO. 74-20 (Jane Sewell) AN ORDINANCE 7tMF~ING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY O~INANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 5, CITY BLOCK NO. 191-G, AS SHOWN THIS DATE ON T~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCR][BED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Sch~eider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 7. The Council considered the final site plan for the American Savings Association building in Township II, a Planned Unit Development. Following a briefing by the Assistant City Planner and the Director of Con~nunity Development, motion was made by Kibler, seconded by Jester that the final site plan be approved. Motion carried. 8. The Council considered a fire contract with the County of Denton and a Mutual Aid Fire Contract with other cities. Following a briefing by the Manager which included cost, man power and responsibility to local citizens, motion was made by Kibler, seconded by Jester to arrange a meeting with the Denton County Commissioners so that the matter can be on the agenda of the next regular meeting. Motion carried. 9. The Director of Con,unity Development reviewed the report from the Planning and Zoning Commission relative to a proposed protective annexation. The strips would be: (A) East along U.S. 380 Highway (B) North along Sherman Drive (C) North along Locust Street West along U.S. 380 Highway (E) South along I-3S Highway (F) East and south adjacent to our boundary line with Argyle (G) South along our boundary line with Corinth (H) East to Shady Shores The Planning Commission recommended Council action for the following reasons: (A) These annexation strips would more nearly define the ultimate Denton corporate limits for 20-year development. (B) Greater control could be exercised over development which occurs on major highways leading into Denton. The city would have a stronger voice in reviewing land sub- divisions which occur near Denton. (D) The incorporation of additional small communities near Denton would be discouraged by this proposed annexation. The Planning Commission is particularly concerned about the possibility of future incorporations to the south or east of Denton. (E) Future residents of this area should be citizens of Denton and should receive the services and benefits from such an association. (F) The proposed armexations to the south are consistent with our agreements with the cities of Argyle and Corinth. June 4, 1974 Continued It was recommended that the following a~nexation schedule be followed: June 4, 1974 Receive report from Plamning Commission and direct the City Attorney to schedule a public hearing on the proposed annexations. July 2, 1974 Hold public hearing to consider all aspects about the proposal. July 16, 1974 Review the proposal and initiate annexation procedures if favorable vote is recorded. August 20, 1974 Complete annexation by 4/5 vote of City Council. Motion was made by Jester, seconded by Kibler that the Legal Department begin legal proceedings for such annexation and that a public hearing be held on the ~tter by the Council on July 2, 1974. Motion carried. 10. The Council considered the request of Gerald A. (Jerry) Mays for utilities outside the city limits. Following a briefing by the Director of Utilities, motion was made by Jester, seconded by Kibler that the request of Mr. Mays be granted for City of Denton water and electric services. Motion carried. 11. Ray Jackson, Administrative Assistant, appeared relative to waste paper collection program for recycling purposes. He reported that the price of recycling paper had declined to such a point that it would be unfeasable to continue plans and recommended that the matter be held in abeyance until paper prices increased to a break even point. No official action was taken. 12. The Council considered approval of a contract for engineering services for a long range water supply plan to be prepared by Freese and Nichols. Following a briefing by the Director of Utilities and considerable discussion, motion was made by Jester, seconded by Kibler that the matter be tabled for further study. Motion carried. 13. The Council considered approval of a contract with Black and Veatch for engineering services and specifications on a Supervisory Control System. Following a briefing by the Director of Utilities and a report of approval by the Utilities Board, motion was made by Jester, seconded by Kibler to table the ~tter for further study. Motion carried. 14. Following a briefing by the Manager, who recommended adoption, the following Ordinance was presented: ORDINANCE NO. 74-21 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM BUILDING CODE, 1973 EDITION, VOLUM~ I, WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING PENALTIES FOR VIOLATIONS OF THE NEW CODE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Schneider that the Ordim~nce be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 8:55 p.m. MAYOR Mtmicipal Building June 18, 1974 Regular meeting of the City Colmcil, City of Denton, Texas, Tuesday, June 18, 1974, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Kibler and Schneider; Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller and City Manager. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of June 4, 1974 be approved. Motion carried. 2. REFERRALS: Motion was made by Kibler, seconded by Jester that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1239, the petition of the Baker-Crow Company requesting that a 183.5 acre tract of land be considered for annexation and a Planned Unit Development classification. The said tract generally runs parallel with the city limit line between 1-35g ~nd the intersection of Hobson Lane and F.M. 2181 and contains 107.2 acres within the city and 76.2 acres outside the city limits. The zoning requested is subject to the 76.2 acres being annexed to the City of Denton. (B) Z~1240; the petition of Mr. Warren Clark, Trustee, requesting that a 152.49 acre tract of land be considered for annexation and a Plarmed Unit Development classification. This tract of land is bound on the east by 1-35E, on the south by Denton State School and on the west by F.M. 2181. Motion carried. 3. BOARD APPOINTMENTS: Motion was made by Jester, Chairman of the Nominating Committee, seconded by Kibler that the foX, lowing citizens be named to Municipal Boards and Commissions: Original Appointment Citizens Traffic Safety Committee John Singleton 1973 Jerry Mohelnitzky 1973 Joan Har they 1973 Popo Gonzalez 1973 Roland Vela 1974 Mike Grandey 1974 Planning & Zoning Commission A1 McNatt 1974 Nick Stabile 1974 Plumbing & Mechan:ical Code Board Millard Heath 1972 Fred Korioth 1972 ~Joe Evans 1972 Bob Turnbul 1 1972 Tomy ~Tu~r · X~\ ' '~" ~ 1972 Building ~ode Commitllee Gerald Stone 1969 June 18, 1974 Continued Original Appointment Airport Advisory Board John Moellinger 1972 Richard Stewart 1972 David Nichols 1972 Library Board Mrs. Robert Caldwell 1968 Dr. David Speck 1968 Mrs. Jimmy Daniels 1972 Ray Stephens 1972 Board of~ Adjustment. .. ~ W. D~~ ~utt¥ili~ 1969 ~ Bill Orr III 1974 ~ Alternate--Allen Pierce 1974 .~ Park & Recreation Board Dr. Harold Reed 1973 Leonard Logan 1974 Public Housing Authority Jack Brown 1970 Terrell W. King, III 1970 Motion carried. 4. The Council considered the rate increase request from General Telephone Company. The City Attorney briefed the Council, recommending that Joe Nall And Associates of l~allas be hired as consultants for a study of General Telephone's service, with General Telephone agreeing to bear costs of such a study. The City Attorney recon~nended that the following rate change ordinance be adopted: ORDINANCE NO. 74-22 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE AND SERVICE CONNECTION CHARGES AND PROVIDING AN EFFECTIVE DATE; PRESCRIBING THE PROCEDURE AND CONTENTS FOR DETAILED ANNUAL REPORT AS TO SERVICE FURNISHED BY GENERAL TELEPHONE CO~4~ANY OF THE SOUTHWEST; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Motion was made by Schneider, seconded by Jester that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Motion was then made by Schneider, seconded by I(ibler to approve the hiring of Joe Nall and Associates of Dallas as recommended by the City Attorney. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 74-23 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, T~XAS, AS SAME ~AS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. June 18, 1974 Continued 6. The Mayor read a letter of resignation effective June 30, 1974, from Pat F. Beadle, City Judge. Motion was made by Jester, seconded by Schneider to accept Mr. Beadle's resignation. Motion carried. 7. Motion was made by Jester, seconded by Kibler to appoint Paul Isham Corporation Court Judge effective July 1, 1974. Motion carried. Meeting adjourned at 7:25 p.m. Municipal Building June 25, 1974 Special Meeting of the City Council, Tuesday, June 25, 1974 at 2 p.m. in the Council Chambers of the Municipal Building. PP~ESF~NT: Mayor Neu, Council Members Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Miller and Mayor Pro Tem Jester. 1. Bids for General Obligation Street Improvement Bonds, General Obligation Refunding Bonds, Water and Sewer System Revenue Bonds and Electric Revenue Bonds were opened, read and tabulated by Mr. Frank Medanich of the First Southwest Company. Results were reported and certified to the Council as follows: (A) The City of Denton General Obligation StreetJImprovement Bonds, series 1974, in the amount of $1,800,800. Low Bidder was Republic National Bank of Dallas et al, at an effective interest rate of 5.7429 (B) City of Denton General Obligation Refunding Bonds, series 1974, in the amount of $985,000. Low bidder was Republic National Bank of Dallas et al, at an effective interest rate of 5.7403 (C) City of Denton Water and Sewer System Revenue Bonds, series 1974, in the amount of $2,000,000 Low bidder was Texas Commerce Bank of Houston et al, at an effective interest rate of 6.0895 (D) Electric Revenue Bonds, series 1974, in the amount of $1,500,000 Low bidder was Underwood, Neuhaus & Company,~Inc. & Associates et al~ at an effective interest rate of 6.30539 June 25, 1974 Continued 2. The following Ordinances were presented: (A) ORDINANCE NO. 74~24 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION STRF~ET IMPROVEME/Y~ BONDS Motion was made by Schneider, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 74-25 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS Motion was made by Kibler, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye" and Neu voted "aye". Motion carried. (C) ORDINANCE NO. 74-26 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS Motion was m~de. by Kibler,, ~econded by Schneider that the Ordinance be passed. On roll call~vote~'~,~bl~ted "aye", Schneider voted "aye" and Neu voted "aye". Mo~eion carried. ~'- -~ % '~ (D) ORDINANCE NO. 74-27 ORDINANCE AUTHORIZING THE ISSUANCE OF ELECTRIC REVENUE BONDS Motion was made by Schneider, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 3:40 p.m. MAYOR Municipal Building Jtme 29, 1974 Emergency meeting of the City Council, Saturday, June 29, 1974 at 9:15 a.m. in the Municipal Building. PRESENT: Mayor Neu, Mayor Pro 'rem Jester, Council Members Schneider and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. The following Ordinance was presented: (A) ORDINANCE NO. 74-28 AN ORDINANCEAMENDING ORDINANCE NO. 74-12 ADOPTED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, MARCH 19, 1974, BY EXTFdxrDING THE EFFECTIVE DATE OF SAID ORDINANCE. Motion was made by libler, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 9:35 a.m. Municipal Building July 2, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 2, 1974 at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider and Kibler; City Manager, Assistant City Manager and Assistant City Secretary. ABSENT: City Secretary and City Attorney. The Mayor opened the meeting by reading a Resolution from the City Council in appreciation of recently deceased Council Member Lillian Miller. There follows that Resolution: AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF JULY, A.D. 1974. THE STATE OF TEXAS COUNTY OF DENTON I IN APPRECIATION OF COUNCILWOMAN CITY OF DENTON I =. LILLIAN MILLER WHEREAS, the Council of the City of Denton has lost one of its most valued members, Mrs. Lillian Miller, who served as the first woman Council- member from April 9, 1973 until her untimely death on June 27, 1974; and ' '~ I~HEREAS, Lillian Miller served her community above and beyond the mere efficient discharge of her duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of her colleagues and associates; and }~HEREAS, she was the kind of individual who gave not only her time and money but took a sincere interest in the life and wellbeing of all the people with whom she came into contact and dedicated herself to the community. NOW, ]]~EREFORE, BE IT. RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the sincere and warm appreciation for Mrs. Lillian Miller, felt by the citizens and officers of the City of Denton, cause this Resolut- ion to be formally transcribed into the official minutes of the City of Denton, Texas, dedicated to the rememberance of Councilwoman, Mrs. Lillian Miller. PASSED AND APPROVED this the 2nd day of July, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: - /s/ Ray Jackson for Brooks Holt BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. July 2, 1974 Continued 1. Motion was made by Schneider, seconded by Jester that the minutes of the regular meeting of June 18, 1974 be approved. Motion carried. 2. Motion was made by Kibler, seconded by Jester that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-92, the petition of Mr. Aubrey R. Bradley requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at 161g Highland. This property is further described as being located on the southeast corner of Avenue C and Highland. The City tax records designate this property as City Block No. 380. Lot Nos. 1 and 2. (B) S-93, the petition of Mr. H. L. Williams requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at the southwest corner of Avenue E and West Prairie. The City tax records designate this property as City Block No. 3018, Lot Nos. 15 and 16. Motion carried. 3. PUBLIC HEARINGS: A public hearing was held on the proposal that eight strips of land containing a total of 1,957.8 acres be annexed to the City of Denton, Texas. The proposed strips would be: (A) East along U.S. 380 Highway (B) North along Sherman Drive (C) North along Locust Street (D) West along U.S. 380 Highway South along 1-35 Highway (F) East and south adjacent to our boundary line with Argyle (G) South along our boundary line with Corinth (H) ~ast to Shady Shores The Planning and Zoning Commission recommended favorable Council action on this proposal for the following reasons: (A) These annexation strips would more nearly define the ultimate Denton corporate limits for 20-year development. (B) Greater control could be exercised over development which occurs on major highways leading into Denton. (C) The city would ihave a stronger voice in reviewin~ land subdivisions which occur near Denton. (D) The incorporation of additional small communities near Denton would be discouraged by this proposed annexation. The Planning Commission is particularly concerned about the possibility of future incorporations to the south or east of Denton. (E) Future residents of this area should be citizens of Denton and should receive the services and benefits from such an association. (F) The proposed a~exations to the south are consistent with our agreements with the cities of Argyle and Corinth. The Planning and Zoning Commission recommended the following time schedule for annexation which is consistent with state statutes: June 4, 1974 Receive report from Plamning Commission. Direct the City Attorney to schedule a public hearing on the proposed annexations. July 2, 1974 Hold public hearing to consider all aspects about 'the proposal. July 16, 1974 Rew~ew the proposal and initiate annexation procedures if a favorable vote is recorded. August 20, 1974 Complete annexation by 4/5 vote of City Council. After hearing staff proposals and 1 proponent and 3 speaking in opposition, the public hearing was concluded. No official action was taken. July 2, 1974 Continued 4. Eight members of the Familias Unidas De Denton, Emilio Lopez Gonzalez, Gavino Satello, Jesus Noriega, Domingo Davilia, Bert Hilliard, Mrs. Loudres Virden, Mrs. Virgina Smith and Dr. Rolando Vela, spoke before the Council protesting Police harassment of Mexican-Americans on the evening of Saturday, June 22, 1974 at the organizations's dance held at the Denton Civic Center. The following statement from Julian Rodriguez, Secretary of Familias Unidas De Denton, who was unable to attend the meeting, was read by Gavino Satello and requested that the statement be made a part of the minutes: TO: Members of the City Council, City of Denton, Texas FROM: Familias Unidas De Denton SUBJECT: Police Harassment of Mexican-Americans On Saturday, June 22, 1974, Familias Unidas De Denton, an organization dedicated to the betterment of the Mexican-American Community and the Denton Cormnunity as a whole, sponsored a dance at the Denton Civic Center. As required by city ordinance, two off-duty officers were hired by Familias Unidas to assure order was kept. This organization has sponsored several dances and at no other dance has an event occurred which has required police assistance. ~t these dances, Familias Unidas has also had some of its members walk the dance area and act as "peace officers". At previous dances, the police officers have always been very cooperative and allowed members of Familias Unidas to take care of any problems arising. Officers Moore and Waddill were the two police officers hired for the dance on the 22nd of June. These two officers did not perform their duties as the other officers had done during the past dances. Instead these two police officers began to harass and intimidate the people by asking for I.D.'s and "papers". I arrived at the dance at approximately 8:30 with my four year old boy. I obtained a coke for him and he sat down at a table while I walked around the area. After awhile, I returned and decided to take him home as he was getting sleepy. I took him tomy sister's as my wife was working. I returned at approximately 10:30. At around 11:20 I saw the police take a man out the back door. Expecting these officers to act as the other officers had done at previous dances, I went to see if perhaps I could be of some service. Instead I was grabbed by Officer Moore and a flashlight was shoved in my face. Officer Moore was shouting that I'd better get back inside. I answered that I would as soon as he took the flashlight out of my face. At this point, Officer Moore asked if I had "papers". I didn't answer this question and instead again asked him to remove the flashlight. Officer Moore did so and I returned to the dance. Once more when I was inside and standing by the door, Officer Moore tried to grab my arm but missed. Subsequently, rather than be arrested, I left the dance and went to pickup my boy. Therefore, we, officers and members of Familias Unidas, ask that a full invest- igation be conducted into the actions of Officers Moore and Waddill on the night of the 22nd of June, 1974. We further ask that these two officers be suspended without pay until the results of this investigation are made public. We believe that an investigation will show that Officers Moore and Waddill did not act as police officers but instead as storm troopers and should be dismissed from the Denton Police Department. Mr. J. T. Jones also addressed the Council as a proponent of the Denton -- Police Department, stating that in his opinion the Denton Police would not deliberately harass any citizen. Following all discussion, the ~yor called for a motion asking the City Manager and the Police Chief to conduct a thorough investigation of the events of june 22, I9?41-"~otion was made by Jester, seconded by Schneider that the City ~anager and the Police Chief conduct the investigation and report to the Council. ~otion carried. July 2, 1974 Continued 5. Mr. Jo~_n Barnes, President of the Denton Recycling Co~nittee, made a presentation to the City Council, stating that the Denton Recycling Con~nittee had been disbanded due to the lack of funds to carry out such a program, and urged that' the City Council and City Staff continue their research into the feasibility of implementing a recycling program within the City. He also stated that the Denton Recycling Committee had a balance of $200 in their treasury and pledged that amount to the City to be used in researching the feasibility of recycling. Bobette Higgins, of the Institute of Environmental Studies of NTSU appeared before the Council also recommending that the City conduct a feasibility study on recycling. 6. Ray Jackson, Administrative Assistant, discussed Section 23 of the U.S. Housing Act of 1937 with the Council. Jackson informed the Council that 320 Section 23 housing units were available for application through Department of Housing and Urban Development in Dallas. Jackson said that the housing units would be privately owned, privately constructed and privately managed and that the Denton Public Housing Authority would enter into an annual contributions contract with HUD to provide rental assistance to eligible low income elderly tenants. The Public Housing Authority has requested the City Staff to make application for 160 of these units. The following Resolution was presented: AT A P~EGULAR M~ETING OF TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON TH~ 2ND DAY OF JULY, A.D. 1974 RESOLUTION WHEP~EAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development, is authorized to provide financial assistance to local public housing agencies in providing low-rent housing by leasing dwelling units in privately owned structures; and WHERF~S, said Section 23 provides that the provisions thereof shall not apply to any locality unless the governing body of the locality has by resolution approved the application of such provisions to such locality. NOW, TH~P~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, · EXAS AS FOLLOWS: That the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended to Denton, Texas is approved. PASSED AND APPROVED this the 2nd day of July, A. D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, T~XAS ATTEST: /s/ Ray Jackson for Brooks Holt BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY Aq~ORNEY CITY OF DENTON, TEXAS Motion was made by Schneider, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. July 2, 1974 Continued The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN T~ ,MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF JULY, A.D. 1974. RESOLUTION WHEREAS, it is the desire of this locality to improve housing presently available, and take strides toward the goal of providing a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development has been authorized to provide financial assistance to local communities toward partial fulfillment of the above stated goal; and WHEREAS, the Housing Authority of the City of Denton, Texas has been created and designated to be a public housing agency for application and receipt of such financial assistance, now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council and staff strongly endorse said public housing project and by evidence of the execution of this instrument express their desire to cooperate, facilitate and work expeditiously with the involved Federal agencies administering this program toward its completion; and That said Council acknowledges its approval and intent to make available the professional and administrative personnel within its staff to assist and direct such program, including the use of required office space and facilities. PASSED AND APPROVED this the 2nd day of July, A. D. 1974. /s/ BILL NE]J, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ Ray Jackson for Brooks Holt BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPRO%q~]D AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Jester that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 7. Jimmie Jones, Director of Community Development discussed issuing a quit claim deed from the City of Denton to Doctors' Building Company for property _ located at the Southeast corner of Normal and Scripture Streets, designated as City Block 4012, Lot Nos. 24, 25 and 26. After hearing a report of approval by the Planning and Zoning Commission, motion was made by Jester, seconded by Kibler that the quit claim deed be approved and the Mayor be authorized to sign same. Motion carried. 244 July 2, 1974 Continued 8. The following Ordinances were presented: (A) ORDINANCE NO. 74-29 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE IV REGULATING AND CONTROLLING THE BARRICADING OF CONSTRUCTION OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY; PROVIDING FOR ENFORCEMt2qT; AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 74-30 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; INCORPORATING THE MANUAL FOR PARKING LOTS, BARRICADES AND DRIVEWAYS INTO THE WRITTEN POLICIES OF THE CITY FOR PURPOSES OF THIS ARTICLE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Schneider, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 9. Doug Blackburn, Director of Utilities, discussed final payment to General Electric Company in the amount of $7,380.50 for Switchgear and Bus Duct furnished in connection with the Unit #5 Expansion of the Steam Plant. Mr. Blackburn reported that all work had been completed and payment was approved by the Utilities Board. Motion was made by Jester, seconded by Schneider that final payment to General Electric in the amount of $7,380.S0 be approved. Motion carried. 10. Doug Blackburn discussed staff recommendations concerning the purchase of certain Electric Distribution facilities within the City limits from Texas Power & Light Company. The facilities currently serve 83 electric consumers. There are 12 idle meter sockets and 7 left in meters. Texas Power & Light has offered to sell these facilities to the City of Denton for $89,836. The staff reconmends that the City purchase these facilities. Motion was made by Jester, seconded by Schneider that the City purchase the electric facilities from Texas Power & Light and that the Mayor be authorized to sign. Motion carried. 11. The following vouchers in excess of $1,000 be approved for payment: Shaw Equipment Co. in the amount of $7,618.61 Shaw Equipment Co. in the amount of $1,498.26 Darr Equipment Co. in the amount of $3,224.50 Federal Copper & Aluminum Co. in the amount of $1,846.20 Motion was made by Kibler, seconded by Jester that the vouchers be approved for payment. Motion. carried. 12. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF JULY, A. D. 1974. RESOLUTION WHEREAS, on the 22nd day of June, 1971, and the 2nd day of July, 1973, by prior Resolutions of this Council, the Mayor of said City was authorized to pledge the proceeds due the City of Denton under Paving Assessment Program No. 6, and Yhe assessment for University Drive West, and to July 2, 1974 Continued execute a promissory note for the total thereof payable to the First State Bank of Denton, Texas, payable one year from the date of execution of said note, at a rate of four (4%) per cent annual interest; and W~REAS, payments have been made upon said note reducing the balance thereon now _ due and payable at said banking institution; and W~RFJ~S, it is determined that it is still in the best interest of said City that said note previously executed by the Mayor in behalf of said City extend the terms of, said note ~for an additional one year period, now therefore BE IT RESOLVED BY THB CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That said note previously executed and described above be renewed and extended for an additional one year period at five and one-half (5 1/2%) per cbnt~aprn~ ual interest thereon; and That Bill Neu, Mayor of the City of Denton is hereby authorized to execute said note and to pledge said proceeds above described for the payment thereof. PASSEl) AND APPROVED this the 2nd day of July, A. D. 1~74 /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/Ray Jackson for Brooks Holt BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPRO%~D AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATrORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 13. Motion was made by Kibler, seconded by Sckneider that Miller Davidge be appointed as the new member of the Denton Public Housing Authority, filling the vacancy created by the recent death of Bruce Davis. Motion carried. 14. The City Manager discussed the proposed agreement between the City of Denton and North Central Texas Council of Governments to administer Comprehensive ~k~power Program. The objective of the proposed Man Power Program for the fiscal year 1975 is to employ as many as possible of the unemployed, under employed and disadvantaged citizens of Denton of all age groups. The program is currently funded for one year and will be renewable through 1977. Motion was made by Schneider, seconded by Kibler that the Comprehensive Mm~power Program with the North Central Texas Council of Governments be approved. Motion carried. 246 July 2, 1974 Continued 15. Isabell Miller, President of the League of Women Voters, spoke to the Council urging that the Council appoint a woman to fill the vacated position of Council Woman Lillian Miller. Reverend Boyce Brannan spoke to the Council urging that the Council consider the abandonment of the consumption, exchange and sale of alcoholic _ beverages in the Community Building. At 9:50 p.m. the Council recessed into an Executive Session to consider personnel matters. The Council reconvened back into public meeting at 10:30 p.m. and adjourned. ..~.;-' ~'~ MAYOR ASSISTANT C I~_~TARY Municipal Building July 3, 1974 Special Meeting of the City Council, City of Denton, Texas, Wednesday, July 3, 1974 at 8:30 a.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Ncu, Mayor Pro Tem Jester, Council Members Schneider and Kibler; City Manager, Assistant CityManager ABSENT: City Secretary and City Attorney 1. The following Resolution was presented: AT A SPECIAL MF~TING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ONTHE 3RD DAY OF JULY, A.D. 1974. RESOLUTION OF APPOINTMENT WHEREAS, this Council has been advised of the untimely death of Council- woman Mrs. Lillian Miller, who passed away on Thursday, June 27, 1974; and ~gqEREAS, Mrs. Miller was elected in her capacity as a Council Member April 9, 1973, for a two year term of office; and WHEREAS, pursuant to the Charter provisons of said City, more specifically Section 2.04, it is incumbent upon this body to fill said vacancy, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That L. A. NELSON be appointed effective this date to fill the unexpired term of Council Member Mrs. Lillian Miller as authorized pursuant to the law of this State and City. PASSED AND APPROVED this the 3rd day of July, A. D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS July 3, 1974 Continued ATTEST: /s/ Ray Jackson for Brooks Holt BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Schneider that the Resolution be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 51eeting adjourned at 8:45 a.m. Municipal Building July 9, 1974 Joint meeting of the County Commissioners and the City Council of the City of Denton, Texas, Tuesday, July 9, 1974 at 7:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Nelson, Schneider and Kibler; City Manager, Assistant City Manager, and Assistant City Secretary; County Judge Tom Todd, and County Commissioners Switzer, Elbert, Salmon a~d Sparks, and County Clerk, Mary Jo Hill. ABSENT: City Attorney and City Secretary 1. L.A. Nelson was sworn in as a new Council Member, filling the vacancy created by the recent death of Council Member Lillian Miller. 2. Donald Provost, Comptroller for Flow Hospital, presented the 1974-75 Budget for Flow Memorial Hospital. The budget presented for the year 1974-75 is based on an average daily patient census of 98, a decrease of 22 from 1973 and a decrease of 10 from 1974. These decreases are projected due to the opening of Westgate Hospital and the anticipated opening ~f the n~w hospital in Lewisville in May, 1975. Provost reported $4,344,000 pr~cted gross patient revenues which is an anticipated reduction in revenues of $416,000. This reduction would partially be offset by an increase in prices of $297,000 (7%). Net operating revenues is~ projected to be $3,983,000 and operating expenses are projected at $4,408,184 with a projected net loss of $378,000 for the year 1974-75. Provost stated that t~e budget included increases in expenses due to the new minimum wage increase, workmens co~pensation increase, increased utility rates and a $40,000 increase for anesthesiologist. No official action was taken on the budget. 3. Doctor Kenneth Ford, Director of the City-County Health,Unit and Doctor Robert Croissant discussed the 1974~75 City-County Health Unit Budget with the Council and Commissioners. Doctor Croissant reported that the budget presented was the minimum budget to accomplish minimum needs of the City-County Health Unit. Last years budget was $80,000. The City-County Health Unit requested a budget of $137,000 for this fiscal year, ~hich included the hiring of a full time administrator at an ar~nual salary of $13,000. Also the addition of another nurse, which was pending approw~l of the requested budget. The City Council and the County Commission gave tenative approval to the 1974-75 budget of $110,000, which was $2?,000 reduction of that requested by the City-County Health Unit. Motion was made by Sc~meider, seconded by Nelson that ten~tive approval be given to a $110,000 budget for the City-C~unty Health Unit, and requested that th~ County. Commission~and the City Council consider reorganization and implementing better control over the City~-Cmmty Health Unit. Motion carried. 4. The last item considered was the County Fire Contract. The City Manager discussed the concerns of the City under the present City-County Fire Contract. The Manager reported that at present the Fire Department is considerably under staffed and that there have been occasions when all the firemen have been out fighting fires, leaving no backup firemen to answer another call. ~r. White also stated that the primary use of booster trucks ~ for answering County fire calls, and that the a~nual cost to man a booster truck 24 hours a day is approximately $67,000. The City currently receives an average of $1,700 per year from the County for fire se~ice. The City ~anager said the City was going to have to ask for an increase from the Cmmty. July 9, 1974 Continued Judge Todd requested that the City present their proposal to the Commission and that they would give it full consideration and see if some agreement could be reached. Meeting adjourned at 11:40 p.m. MAYO~ Municipal Building July 16, 1974 Regular meeting of the City Council, City of Denton, Texas, July 16, 1974 at 7 p.m. in the Council Chambers of the ~imicipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Kibler and Nelson; City Manager, Assistant City Manager, City Attorney and Assistant City Secretary. ABSENT: City Secretary 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of July 2, 1974 be approved. Motion carried. 2. BIDS: (A) #8170 Rain Suits Motion was made by Jester, seconded by Schneider that all bids be rejected because none of the bids met the required specifications, and that the City Staff re-advertise for bids. Motion carried. (B) #8166 Infrared Thermometer Motion was made by Schneider, seconded by Nelson that the bid be awarded to Mikron Instrument Company of Ridgewood, New Jersey in the amount of $1,445, FOB Denton. Motion carried. (C) #8163 Ditching Machine Motion was made by Nelson, seconded by Jester that the bid be awarded to Peerless Equipment Company at a net price of $18,756.00. Motion carried. 3. REFERRALS: Motion was made by Jester, seconded by Kibler that the following petition be referred to the Planning and Zoning Commission for its reco~endation: (A) S-94, the petition of Mr. Ralph A. Hughes requesting that he be granted a specific use permit for the operation of a private club in a General Retail District at 909 Sunset Drive. This property is further described as being located on the south side of Sunset Drive approximately 265' west of Alice. The City tax records designate this property as City Block No. 453, the west 45' of Lot No. 5, all of Lot No. 6, all of Lot No. 7 and the east 9' of Lot No. 8. Motion carried. July 16, 1974 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1239, the petition of the Baker- Crow Company requesting that a 183.5 acre tract of land be considered for annexation and a Planned Unit Development classification. The said tract generally rm~s parallel with the City limit line between I~35E and the intersection of Hobson Lane and F.M. 2181 and contains 107.2 acres within the City and 76.2 acres outside the City limits. The zoning requested is subject to the 76.2 acres being Jnnexed to the City of Denton. After hearing 1 proponent, Jerry Johns, and no opposition, and a report of approval by the Planning and Zoning Commission, motion was made by Nelson, seconded by Kibler that the petition for the annexation of 183.5 acre tract be approved with the following conditions and that the Legal Staff be instructed to prepare the necessary documents: (1) That the property owner shall dedicate a 120' right-of-way for this roadway as a part of his planned unit development with the southern and eastern boundary lines exactly coinciding with the designated southern and eastern boundary line for proposed Loop 288 highway. Construction of paving on this alignment shall be negotiated between the developer and the City Council. (2) That the owner provide an acceptable engineering solution for the relocation of a major sgnitary sewer line on the general retail site and that the plans be submitted to 'the Community Development Department for approval. Also, the owner shall have all financial responsibility for the revision. (3) That the developer submit a plat showing the existence of utility easements 1000' from the east end of the proposed building site. (4) That the development generally follow the master plan that is made a part of the planned unit development. Motion carried 4 to 1. (B) A public hearing was~held on Z~1240, the petition of Mr. Warren Clark, Trustee, requesting that a 152.49 acre tract of land be considered for annexation and a Planned Unit D~elopment classification. This tract of land is bound on the east by 1-35~, on the south by Denton State School, and on the west by F.M. 2181. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Schneider, seconded by Kibler that the petition be approved with the following conditions and that the City Attorney be instructed to prepare the necessary legal documents, and to re-write item 4: (1) Land use shall be specifically limited to self-contained and totally enclosed manufacturing processes and/or warehouses, and/or office park. The development shall be a "campus-type" industrial park which incorporates well designed buildings, landscaping, adequate parking and well screened storage areas. (2) A land use plan shall be required before developing and subdivid- ing the light industrial tract. (3) Performance standards governing LI and PD as currently stated in the current zoning ordinance of the City of Denton shall expressly apply to future development of the light industrial tract. (4) Heavy industry is expressly prohibited. Transport and retail uses are permitted only as incidental and necessary uses. No sales, storage, repair or manufacture of automobiles, trailers, mobile homes, boats or machinery shall be allowed. Motion carried. July 16, 1974 Continued (C) A public hearing was held on Z-1238, the petition of Mr. Franklin D. Davis requesting that the zoning classification at 3200 Donna Road be changed from the Single-Family (SF-16) to the Single-Family (SF-10) classification. This property is further described as bering approximately three acres located at the north end of Donna Road on the east side. The City tax records designate this property as City Block No. 4076A, Lot Nos. 5A and 6. (D) A public hearing was held on S-91, the petition of Mr. Franklin D. Davis, requesting that he be granted a specific use permit for the operation of a day nursery or kindergarten school in a Single-Family (SF-10) district at 3200 Donna. This property is further described as being approximately three acres located at the north end of Donna Road on the east side. The City tax records designate this property as City Block No. 4076A, Lot Nos. 5A and 6. The zoning change was specifically requested to inable the request for a specific use permit for a day nursery. After hearing 1 proponent, Nick Foster and 4 speaking in opposition, Royce Coleman, William Painter, Mrs. William Painter and Sidney Rogers, a petition in opposition containing 20 signatures of the home owners and a report of approval by the Planning and Zoning Commission concurrent with the issuance of the day nursery specific use permit, motion was made by Jester, seconded by Kibler that the request for rezoning be denied based on the fact that citizens should have a right to expect the zoning to remain the same as it was when they purchased their homes. Motion carried, with all Council Members voting aye. 5. Motion was made by Schneider, seconded by Jester that Tommy Caruthers be appointed to fill the current vacancy on the Building Code Board for a term of 1974-1976 and that Jerry Bell be appointed as an alternate for the Building Code Board for the same period. Motion carried. 6. The City Manager discussed authorizing the City Staff to advertise for bids for construction of a new Raw Water Line from Garza-Little Elm Reservoir to the Water Treatment Plant. The City Manager added that the bonds have been sold to finance this project and it has been reviewed by the Utilities Board. Motion was made by Jester, seconded by Schneider that the staff be authorized to advertise for bids for the construction of a new Raw Water Line from Garza-Little Elm Reservoir to the Water Treatment Plant. Motion carried. 7. Presentation of a National Safety Awar~ by the Mayor was made to Jack Gentry, representing the Fire Department for the Department not having an on the job accident for 224,920 man hours from 9-6-72 to 12-31-73. The Mayor also presented an award to Officer Hodge, representing the Police Department, in recognition of the Department not having an on the job accident for 507,528 man hours from 5-3-70 to 12-31-73. 8. The City Manager discussed the staff recommendations that the Council approve the actions of the Texas Municipal Power Pool Commission as follows: (A) Execute agreements with a group composed of First Southwest Company, Financial Advisor;~'I~, Huguenin, Boothman and Morrow, Board Counsel; Kuhn, Loeb & Co., Managing Underwriter; and Mudge Rose, Smith and Guthrie, Counsel to Managing Underwriter to study alternatives and recommend to the Pool Committee procedures and methods of financing Pool facilities. Cost of the first phase of the study not to exceed $15,000. (B) Authorize Paul Curmingham, Executive Director of M.M.P.P. to employ two staff engineers. (C) Authorize T.M.P.P. Executive Director to contact Mr. Rodney Lee of the firm of Naman, Howell, Smith and Chase of Waco to prepare an agreement for presentation at the next Pool Committee to retain Mr. Lee and his firm as legal counsel for the Pool. July 16, 1974 Continued This Power Pool is made up of the Cities of Denton, Garland, Bryan, Greenville and Brazos Electric Power Company. The City ~nager emphasized that the fuel crisis has added emphasis to the need for back-up energy resources. The City Staff and the Utilities Board recommended approval. Motion was made by Nelson, seconded by Schneider that the City of Denton, as a member of the Power Pool, ratify their approval of the actions of the Power Pool. Motion carried. 9. City Attorney Ralph~anndiscussed the~pr0psal that eight strips of land, containing a total of 195.78 acres be annexed to the City of Denton. A public hearing was held on the proposed annexation on July 2, 1974. Since that time a restraining order was placed on the following three tracts of land: (A) East and south adjacent to our boundary line with Argyle (B) South alongour boundary line with Corinth East to Shady Shores The City did not take further action on these three tracts at this time. However, state statutes require that no less than 10 nor more than 20 days from the date of the public hearing the Council must take action and instruct the Attorney to proceed with posting publication notices and preparing the necessary legal documents on the remaining five tracts which are as follows: (A) East along U.S. 380 Highway (B) North along Sherman Drive (C) North along Locust Street (D) West along U.S. 380 Highway (E) South along 1-35 Highway ~4otion was made by Jester, seconded by Schneider that the City Attorney proceed with posting publication notices and preparing the necessary legal documents. Motion carried. 1~. Bob Swafford, Director of the Parks and Recreation Department, proposed the establishment of a reservation system for use of the City's tennis courts. Motion was made by Jester, seconded by Schneider that the Parks and Recreation Board's proposed tennis court reservation system be adopted and implemented on July 22, 1974 for a three month trial period. Motion carried. 11. Bob Swafford, Director of the Parks and Recreation Department, discussed the proposal that the City approve the acceptance of a grant for a recreation program in disadvantaged areas of the City in the amount of $35,000 from the Texas Department of Cammunity Affairs. The Recreation Support Program funds are for the purpose of providing recreation opportunities to economically disadvantaged youth, too young to obtain employment. The term recreation includes , but is not limited to: playground activities, organized sports and games, arts and crafts, informational tours, cultural field trips, etc. The only stipulation is that not more than $100 can be spent per item. Motion was made by Jester, seconded by Schneider to accept the grant subject to the above stipulatiaa. Motion carried. 12. Motion was made by Kibler, seconded by Schneider that the following vouchers in excess of $1,000 be approved for payment: Southwest Laboratories $1,180.00 Darr Equfpment Company $8,440.99 Beatt? Engineering $1,197.92 Gulf Oil Company $5,577.57 Motion carried. July 16, 1974 Continued 13. OTHER MATTERS: (A) Mr. Gavino Satillo, member of Familias Unidas De Denton, addressed the Council, inquiring as to the status of the investigation of alleged harassment of members of Familias Unidas De Denton. Mr. White, City Manager, responded that he had not concluded his investigation and was not prepared to make a report at that time, but a thorough report would be forthcoming. (B) At 9:10 p.m. the Council went into Executive Session to discuss persormel and financial matters related to the City-County Health Unit. At 11 p.m. the Council reconvened into an open meeting and made a statement that no action had been taken and no decisions had been made. Meeting adjourned at 11:05 p.m. MAYOR ASSIS~ ¥ Municipal Building August 6, 1974 Regular Meeting of the City Council, City of Denton, Texas, Tuesday, August 6, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Nelson, Schneider and Kibler; Assistant City b~nager, Assistant City Attorney and City Secretary. ABSENT: City Manager and City Attorney 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of July 16, 1974, the special meeting of June 29, 1974 and the joint meeting between the CityCouncil and County Commissioners on July 9, 1974 be approved. Motion carried. 2. BIDS: (A) #8171 Side Loading Containers Motion was made by Kibler, seconded by Jester that the bid be awarded to Dempster Brothers Manufacturing Company of Cleburne at a low bid of $18,475 for 100 containers. Motion carried.~ 3. REFERRALS Motion was made by Schneider, seconded by Nelson that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1241, the petition of Mr. Joe B. Evans, requesting that the zoning classification at the west 3000 block of Hwy. 380 be changed from the Agricultural (A) classification to the General Retail (GR) classification. This property is further described as being approximately 2 1/2 acres of land located on the southeast corner of Hwy. 380 and Masch Branch Road. ~e City tax records designate this property as City Block No. 4028-1, Lot No. 11. (B) Z~1242, the petition of Connie M. Altemus, requesting that the zoning classification of 2105-2021 Bernard be changed from the Single-Family (SF-7) classification to the General. Retail (GR) classification. This property is further described as being located on the east side of Bernard approximately 200' south of Acme Street. The City tax records designate this property as City Block 350-E, City Lot Nos. 31-33, and 36.2. (C) S-95, the petition of ~r. Steven J. Harsfald, requesting that he be granted a specific use permit for the operation of a private club in a Light Industrial District at 501 Londonderry. This property is further described as being located on the north side of Londonderry approximately 300' east of Sam Bass Boulevard. The City tax records designate this property as City Block No. 233-C, Lot No. 1.2. Motion carried. 4. PUBLIC HEARINGS (A) A public beaming was held on S-93, the petition of Mr. H. L. Williams, requesting that he be granted a specific use permit for the operation of a private club in a General Retail District at 2109 W. Prairie. This property is further described as being located approximately 50' west of the southwest corner of Avenue E and W. Prairie. The City tax records designate this property as City Block No. 3018, Lot 15. After hearing 1 proponent and 1 in opposition and a recommendation of approval from the Planning and Zoning Commission, motion was made by Jester, seconded by Schneider that the petition be tabled until such time that the owner acquires the required parking of an additional 36 spaces as indicated in the following conditions: August 6, 1974 Continued (1) The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. (2) This permit shall cease to exist whenever the petitioner no longer owns and/or operates the private club. (3) The occupancy of the club in accorda~ce with the Uniform Building Code, shall be limited to 108 people at any one time. (4) 71~e required parking of 1 space per 3 seats shall be applicable to the club in accordm~ce with Article 15,B-18, in the Zoning Ordinance. In accordance with the occupancy of this club, the required parking shall be 36 spaces and properly designated for this use. (5) The operating hours shall be between 6 p.m. and 12 p.m. (6) The area to be occupied by the private club shall be limited to the area sho:*zn as private club on the site plan. . ~v~ t ion carried. ,~ 5. The following Ordinance was presented: ORDINANCE NO. 74-31--Safety~Kleen Corp. AN ORDINANCE ;iNNEXING A T]~ACT OF LAN]) CONTIGUOUS AN]) ADJACENT TO T~ CITY OF DEN'FON, TEK>~.~:, BEING ALL TI{IT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 5.362 ACRES LYING ~',~,ID BEING SITUATED IN Tt~ COUNTY OF DF~NTON, STA~FE OF TEXAS AND BEING IN T~P~ M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAbIE AS "PD" PLANNED DEVELOPb ~tNT DISTRICT PROPERTY; ~ DECLARING AN EFFECTi~nE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll ca].l vote Schneider voted "aye", Nelson voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. The Council considered an Apportionment Agreement ~ith the To~n of Shady Shores, Texas, a Municipal Co~poration. Following a briefing by Ed Moore, Assistant to Convaunity Development Director, motion was made by Nelson, seconded by Kibler that the Agreement be approved and that the Mayor be authorized to sign such agreement. Motion carried. 7. The Assistant City Manager spoke relative to a proposed ordinance prepared by the City Attorney relative to control of private clubs. The Council concurred with the Mayor that it was advisable to table the matter for further study until the next regular meeting. 8. The Council considered quit claim of a 16' utility easement at 1810 Woodbrook to Ra.vmo~nd S. Waite. ':(No ~llj,.lities are presently located within the easement nor are any pla~med. Mr. Waite.~eceived written verification of this fact from the Utility Department, General' Telephone and Lone Star Gas.) Following a report recommending approval by the Pla~ming and Zoning Commission, motion was made by Kibler, seconded by Nelson to approve such a quit claim deed and to authorize the Mayor to sign same. Motion carried. 9. 2~he Council considered the petition by Marion Roberts, et al, requesting reinstating parking on Cedar Street between McKinney and'W. Oak Streets. Following a report that the Traffic Safety Conm~ission approves such a change, motion was made by Jester, seconded by Sclmeider that the request be approved with the following condition: (A) 2]~at parking on the west side of Cedhr Street between b'IcKi~mey and W. Oak be reinstated as a two-hour zone from 8 a.m. to 4 p.m. seven days per week. Motion carried. August 6, 1974 Continued 10. ~o Council considerod removal of parking on Frame Street between Sc~nitz and Vine. The ]Yaffic Safety Coordinator briefed the Co~mcil, and several residents of the area spoke in favor of the change. Motion was made by Sc]meider seconded by Kibler that the removal of parking on Frame, between Schmitz and Vine be approved with the follmving conditions: (A) No parking at any time on the east side of Frame. (B) No parking from 8 a.m. to 5 p.m. on weekdays on the west side of Frame. Motion carried. ~.'btion was then made by Nelson, seconded by Schneider to request the Traffic Safety Commission to undertake a study of E. College Street between Bell Avenue a~d Frame Street. ~btion carried. 11. Motion was made by Jester, seconded by Schneider that Raymond Pitts, Ray ~Iassey and Jerry Gage be named to the Board of Equalization for one year (these three men also serve the Denton Independent School District in the same capacity). ~4otion carried. 12. Motion was made bv Kibler, seconded by Sclmeider that the following vouchers be approved for pa)ment: Western Utility Sales $2,179.20 Western Utility Sales $1,048.00 Trans-Tex Supply Co. $1,552.00 Texas Surplus $6,030.73 ($5,895.39 will be reimbursed to the City of Denton from other cities in the Cotmty--the City of Denton's share will be $~5.~4) Mo[ion carried. 13. ~e Council adjourned at 7:50 p.m. into Executive Session to discuss personnel matters and returned, to the Council Chambers at 8:25 p.m. to announce that no decision had been reached. Meeting adjourned at 8:2£ p.m. Municipal Building August 13, 1974 Emergency Meeting of the City Council, City of Denton, Texas, Wednesday, August 13, 1974 at 4:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Member Schneider; City Manager and City Secretary. ABSEMI': Council Members Kibler and Nelson, Assistant City Manager and City Attorney. 1. The Mayor requested a report from the Chairman of the Personnel Committee of the Council, Mayor Pro Tem Jester, who recommended that Earl Coleman, local attorney, be employed, if possible, to assist the City on certain suits in which the City is involved. Motion was made by Jester, seconded by Schneider that Earl Coleman be employed, if possible, for additional legal counsel on certain law suits in which the City is involved. Motion carried. The Council then adjourned for an executive session at 4:45 p.m. to confer with Mr. Coleman. The Council reconvened at 5:24 p.m. in regular session. Mr. Jester advised that Mr. Coleman indicated acceptance for the following cases: (A) John B. Spalding vs. The City (B) John B. Spalding and David R. Fitch et al vs. Lone Star Gas (C) Cornelius Holden as next of kin of Dorothy Mathis and Clayton Mathis vs. Pargas and The City of Denton Motion was made by Jester, seconded by Schneider that Mr. Coleman be employed for the suits as indicated above, Motion carried. ).leeting adjourned at 5:29 p.m. ~unicipal Building August 20, 1974 Regular meeting of the City Cou~cil, City of Denton, Texas, Tuesday, August 20, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Schneider, Nelson and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Nelson that the minutes of the regular meeting of August 6,~ 1974 and the emergency meeting of August 13, 1974 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on S-92, the petition of Mr. Aubrey R. Bradley, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at 1615 Highland. This property is further described as being located on the southeast corner of Avenue C and Highland. The City tax records designate this property as City Block No. 380, Lot Nos. 1 and 2. After hearing 1 proponent but no opposition and a recommendation of approval from the Planning and Zoning Commission, motion was made by Nelson, seconded by Schneider that the petition be approved subject to the following conditions as recommended by the Planning and Zoning Commission: (1) The operatio~ of this private club shall require registration and license approval by the Texas Liquor Control Board. (2) This permit shall cease to exist whenever the petitioner no longer owns and/or operates the private club. (3) A site plan shall be required to show the building layout, parking and seating for the operation of the private club. (4) The occupa~cy of the building, in accordance with the Uniform Building Code, shall be limited to 88 people. (5) The required parking of 1 space per 3 seats shall be appl-icable to the club in accordance with Article 15, B-18, in the zoning ordinance. In accordance with the occupancy of this club, the required parking shall be 29 spaces and properly designated for this use. Motion carr~'.4 ~o' 1 :~ (B) A ~blic hea~'ing was held on S-94, the petition of Mr. Ralph A. Hughes, requesting that he be granted a specific use permit for the operation of a private club in a General Retail District at 909 Sunset Dr. This property is further described as being located on the south side of Sunset Drive approximately 265' west of A~ice. The City tax records designate this property as City Block No. 453, the west 45' of Lot No. 5, all of Lot No. 6, all of Lot No. 7, and the east 9' of Lot No. 8. After hearing~ 1 'proponent, 3 speaking in opposition and a recommendation of approval by the Planning and Zoning Commission, motion was made by Kibler, seconded by Schneider that the petition be denied. Motion carried unanimously. August 20, 1974 Continued 3. Carl Young, Southeast Denton resident, requested that the City make it possible for alcoholics to receive counseling services from the North Texas State University Behavioral Center, attending such sessions one hour per day for a total of fourteen sessions, with permission of the City Judge, rather than paying fines or laying out fines in the City jail. He added that after sessions of counseling they could contact the Texas Rehabilitation Commission for a job opportunity. Following questioning by Council members, the Mayor stated that the Council would study Mr. Young's request. 4. BIDS: (A) #8174 Sale of Obsolete Transformers Motion was made by Jester, seconded by Schneider that item 1 be awarded to Greenville Transformer Company at a high bid of $4,676.75. Motion carried. (B) #8175 Construction of Raw Water Line Following a briefing by the City Manager, ~tion was made by Kibler, seconded by Jester that the bid be awa~.ded to Steed Construction Company, low bidder, in the amount of $1,323,034.50, with completion in 265 calendar days, excl~ing item number 3 of bid proposal. Motion carried. (C) P.O. #23388 Spare parts for circulating l~aterPump at Power Plant (one source item) The Director of Utilities stated that many manufacturers do not keep all parts in stock but start production when an order is received. Motion was made by Nelson, seconded by Schneider that a purchase order to DeLaval Turbine, Inc. be approved for the purchase of spare parts in the total amount of $37,082.50. ~tion carried. 5. The Council considered the final PD site plan for a 5.36 acre tract of land at Cooper Creek Road and T & P Railroad for the Safety Kleen Corporation. Motion was made by Jester, seconded by Schneider that the final ?D site plan for the Safety Kleen Corporation be approved. Motion carried. 6. The Director of Community Development presented a status report on Denton's Comprehensive Plan 1974-94 and then stated that the plan should be ready in October. The Mayor con~plimented the Community Development Department for its outstanding work. 7. The Director of Community Development briefed the Council on a drainage study being conducted by Freese & Nichols, consulting engineers, stating that the study should be ready~? November for Council review with final adoption in January. 8. The following Ordinance was presented: ORDINANCE NO. 74-32 AN ORDINANCE CHANGING CERTAIN PROVISIONS OF ARTICLE V OF ORDINANC~ NO. 74-12 PRIOR TO ITS EFFECTIV~ DATE OF SEPTEMBF~R 1~ 1974. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. August 20, 1974 Continued 9. Motion was made by Jester, seconded by Schneider that the following four vouchers be approved for p~,yment: Empire Paper Company $1,097.10 Cummins Supply $1,621.09 Ernst & Ernst $2,480.00 Gulf Oil Corp. $5,598.35 Motion carried. 10. Motion was made by Kib]er, seconded by Jester that the Tax Adjustment Report for August, 1974 in the amount of $234.71 be approved. Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 74-33 AN ORDINANCE OF THE CITY OF DF2CI'ON, TEXAS, APPROVING A WRITTEN AGREEMENT APPORTIONING OVERLAPPING AREA OF EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF SHADY SHORES, TEXAS, IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 12. The following Resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF AUGUST, A.D. 1974. RE S O L UT I ON WHEREAS, the first year of the Denton Police Department's Narcotics and Dangerous Drugs Enforcement Unit has been an unqualified success in the apprehension of violators of the state drugs laws; and WHEREAS, as a result of the Unit's work, the con~nunity is gaining an awareness of the problems associated with Narcotics and Dangerous Drugs and the necessity of citizen participation in their control; BE IT RESOLVED BY THE COUNCIL OFT HE CITY OF DENTON, TEXAS: That the City Council of the City of Denton strongly endorse the Narcotics and Dangerous Drug Unit of the Denton Police Department and pledge its continuing support to this program at the same level as its current oper- ation beyond the Unit's present two year funding ~nd for so long as the Unit shall serve as an effective instrument in combating the unauthorized possession, purchase and use of dangerous drugs. PASSED AND APPROVED this the 20th day of August, A.D. 1974. /s/ A~TEST: BILL NEU, MAYOR /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY Motion was made by Nelson, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. August 20, 1974 Continued (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF AUGUST, A.D. ]_974. RESOLUTION THE STATE OF TEXAS ~ COUNTY OF DENTON ~ IN APPRECIATION OF FLOYD GRAHAM CITY OF DENTON ~ I~4EREAS, Floyd Graham died Sunday the 18th day of August, 1974 at the age of 71 years; and ICHEREAS, Professor Floyd Graham during the course of his life contributed greatly to his country and community through unselfish professional and community service as the creator of a world renowned music program and a less well known, but equally successful leader of his con~nunity which he served as both Chief of the Denton Volunteer Fire Department and later as Fire Chief Emeritus of the Denton Fire Department; and ~HEREAS, Floyd Graham's awards and honors during his lifetime were many, a lifetime is not a sufficient length of time to honor such a man. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That even upon the death of this irreplaceable man the sincere and warm appreciation for Professor Floyd Graham felt by the people of the City of Denton be expressed and made an official part of the records of the City of Denton so that the City which Floyd Graham served so well might recognize him formally for the services, music, and memories that shall always be a part of Denton. PASSED AND APPROVED this the 20th day of August, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Jester that the Resolution be passed. On roll call vote Nelson voted "aye", Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 13. Motion was made by Jester, seconded by Schneider to request the City Manager to explore avenues for re-evaluating property in the entire City of Denton for tax purposes and to approach and confer with the Denton Independent School District and the County of Denton to ascertain the possibility of their joining with the City of Denton in such a re-evaluation, and to explore the possibilities of outside re-evaluation help, and to obtain approximate costs and report most logical avenues of procedure in conducting such a re-evaluation. Motion carried. August 20, 1974 Continued 14. The Council retired to the Municipal Conference Room for an Executive Session at 9:37 p.m. and returned to the Council Chambers at 11:50 p.mo to announce that no decision had been reached. Meeting adjourned at 11:52 p~m. MAYOR Mu~Licipal Building August 28, 1974 Emergency Called Meeting of the City Council, City of Denton, Texas, Wednesday, August 28, 1974 at 6 p.m. in the Municipal Building. PR~BENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Sctmeider, Kibler and Nelson; City Manager and Acting City Secretary. 1. Motion was made by Jester, seconded by Schneider to approve the appointment of Jerry Gage as Right-of-Way Appraisal Agent and to authorize the City Manager to prepare and sign a letter of agreement with Mr. Gage. Motion carried. 2. Motion was made by Nelson, seconded by Jester that Earl Coleman be employed to handle any condensation suits. Motion carried. Meeting adjourned at 6:32 p.m. Municipal Building September 3, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 3, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRES~ENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Nelson, Kibler and Schneider; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Schneider, seconded by Jester that the minutes of the regular meeting of August 20, 1974 and the Emergency Called Meeting of August 28, 1974 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1241, the petition of Mr. Joe B. Evans requesting that the zoning classification at the west 3000 block of Hwy 380 be changed from the Agricultural (A) classification to the General Retail (GR) classification. This property is further described as being approximately 2 1/2 acres of land located on the southeast corner of Hwy. 380 and Masch Branch Road. The City tax records designate this property as City Block No. 4028-1, Lot No. 11. After hearing 1 proponent but none in opposition and a report recommending approval by the Planning and Zoning Commission, motion was made by Nelson, seconded by Kibler that the petition be approved. Motion carried. (B) A public hearing was held on Z-1242, the petition of Connie M. Altemus requesting that the zoning classification at 2021-2107 Bernard be changed from the Single-Family (SF-7) classification to the General Retail (GR) classification. This property is further described as being located on the east side of Bernard Street approximately 200' south of Acme Street. The City tax records designate this property as City Block No. 350-E, City Lot Nos. 31, 32, 33 and 36.2. Three spoke in favor of passage of the petition and one spoke in partial opposition. Considerable discussion developed relative to a buffer zone on Bernard Street and the question was raised if the property would be improved as presented by the petitioner. Following a briefing by the Director of Community Development, who advised that the Planning and Zoning Commission recommended that the property be zoned General Retail with the exception that the westernmost 100' be changed to Multi-Family classification, motion was made by Nelson, seconded by Jester that the petitipn be tabled and referred back to the Planning and Zoning Commission with the recommendation that the Conmission give expedient consideration to a Planned Development treatment and application with as few restrictions as possible but with assurance that the presented plans of the petitioner be followed. Motion carried. $. The Council heard additional information from Mr. H. L. Williams who had requested a Specific Use Permit to operate a private club at Avenue E and W. Prairie, the matter having been tabled at the meeting of August 6th, 1974. Royce Coleman, Attozney for Mr. Williams, stated that property had been purchased and was adequate for 23 parking spaces. Motion was made by Nelson, seconded by Jester that the Specific Use Permit be approved subject to the following: (A) Operating hours shall be between 12 noon and 12 midnight. (B) Twenty-three parking spaces in addition to the existing parking will be constructed on the lot recently purchased, this lot to be hard surfaced and the parking spaces designated for club parking. September 3, 1974 Continued (C) Have registration and license approval by the Texas Liquor Control Board. (D) This permit shall cease to exist when the petitioner no longer owns or operates the private dlub. [E) The occupant of' the club will have to conform with the Uniform Building Code. (F)Area to be occupied by the club shall be limited to the area shown as private club on the site plan. Motion carried 4 to 1. 4. The Council considered approval of the City County Health Unit Budget for the fiscal year 1974-75. The City Manager briefed the Council. Following considerable discussion, motion was made by Schneider, seconded by Kibler that the matter be tabled until the County presents an administrat~en program for the unit. Motion carried. 5. The following annexation ordinance was presented: ORDINANCE NO. 74-34--Warren Clark AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO TH~ CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 152.49 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DF2~TON, STATE OF TEXAS AND BEING A PART OF THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 956 CLASSIFYING THE SAME AS PD PLANNED DEVELOPMENT DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Schneider that the Ordinance be passed. On roll call vote Kibler voted "aye", Schneider voted "aye", Jester voted "aye" and Neu voted '"aye". Motion carried with Nelson abstaining. 6. The following final a~nexation Ordinance was presented: ORDINANCE NO. 74-35--Baker-Crow AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO TH~ CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 76.24 ACRES LYING AND BEING SITIIATED IN TH~ J. FISHER SURVEY, ABSTRACT NO. 421 M.E.P. & P.R.R. COMPANY SURVEY, CLASSIFYING THE SAME AS "SF-10" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Schneider voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 7. The following final a~nexation ordinance was presented: ORDINANCE NO. 74-36--Planning Department AN ORDINANCE ANNEXING TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; THE DESCRIBED TRACTS OF LAND BEING THE LOTS, TRACTS OR PARCELS OF LAND CONSISTING OF 931.5 ACRES AITACHED HEKETO AND DESCRIBED HEREIN LYING AND BEING SITUATED IN THE COUNTY OF D[:2~TON, STATE OF TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBITS 1-5 AI~ACHED HERETO; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Nelson voted "aye", Schneider voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. September 3, 1974 Continued 8. The Council considered initiation of annexation proceedings on three tracts of land. These are: (A) A tract running east along the north side of Shady Shores Drive. (B) A tract running south along the west city limits line of the town of Corinth and west along north city limits line of Copper Caayon. lC) A tract running east along the north side of the town of Argyle and south along east side of Argyle. The Manager advised that a public hearing on the proposed annexation was held on July 2, 1974, and that the Council should instruct the staff to prepare appropriate ordinances that will be carried through legal requirements. Since a large group of land owners in the above mentioned areas were present, the Mayor gave an opportunity for them to speak. Four persons, all residents of the area, spoke, all in opposition. The Manager pointed out that agreements had been made with the governing bodies of Corinth, Argyle and Shady Shores to annex the proposed property for the mutual benefit of all concerned, explaining that thousands of dollars had been expended for planning in the area, for a solid waste disposal plant, as an example, and that the area must be controlled or it will control the City. Motion was made by Jester, seconded by Schneider to instruct the City Attorney to initiate annexation proceedings and prepare appropriate ordinances for the tracts of land involved. Motion carried unanimously. 9. Motion was made by Jester, seconded by Schneider that Randy Minnis be appointed to fill the vacancy on the ~ivil Service Cormnission. Motion carried. 10. The Council considered approval of vouchers and purchase orders in excess of $1,000. Following a briefing by the City Manager, motion was made by Schneider, seconded by Kibler that the following vouchers and purchase orders in excess of $1,000 be approved for payment: General Electric Company $12 357.00 Banner Chevrolet Company $ 9 578.11 C~m~ins Supply $ 4 442.14 Moore Business Forms $'1 365~70 Westinghouse Supply $ 2 911.60 Wesco, Inc. $ 2 167.00 Westinghouse Elec. Supply $ 3 288.00 Wesco, Inc. $ 1 260.00 Gulf Oil Corp. $ 5 315.04 Motion carried. 11. Motion was made by Kibler, seconded by Schneider that a public hearing on the 1974-75 City Budget be held at 7 p.m. on September 18, 1974 in the Council Chambers of the Municipal Building. Motion carried. 12. The Council adjourned into executive session at 9:25 p.m. The Council returned to the Council Chambers at 9:45 p.m. to announce that no decision had been reached. Meeting adjourned at 9:46 p.m. ~ ~ CI'FY SECRETARY Municipal Building September 17, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 17, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester and Council Member Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Nelson 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of September 3, 1974 be approved. Motion carried. 2. BIDS: (A) #8181 Envelopes Motion was made by Kibler, seconded by Jester that the bid be awarded to the over all low bidder, Hessie Envelope Company, at a total gross price of $1,288.70 net. Motion carried. (B) #8177 Electric Meters, Transformers and Meter Sockets Motion was made by Kibler, seconded by Jester that the bid be awarded as follows: Items 1 through 15 to Nelson Electric Company Items 16 through 25 to Electromagnetic Industries Items 26 through 29 and item 33 to Priester Supply Company Items 30 through 32 to Nelson Electric Supply Company Motion carried. (C) #8178 Copper-Nickel Tubing Motion was made by Kibler, seconded by Jester that the bid be awarded to the low alternate bidder meeting specifications, General Copper and Brass, for a net total price of $11,296.57. Motion carried. 3. The following Ordinance was presented: ORDINANCE NO. 74-37 (Joe Evans) AN ORDINANCE AMENDING TH~ ZONING MAP OF TH~ CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO T~ CODF~ OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO LOT NO. 11, BLOCK NO. 4028-1, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, ~ MORE PARTICULARLY DESCRIBED THE]KEIN; AND DECLARING AN EFFECTIV~ DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 4. The Manager presented a report at the request of Familias Unidas relative to allegations of harrassment of Mexican Americans by the Police Department, stating that Denton is composed of approximately 5% persons with Spanish surnames, and that during 1974 only 2.2% of all arrests made had been Spanish surnames. He also pointed out the increase of arrests for immigration violations. ~e Manager stated as follows: "To build a nucleus for better understanding, education and cormnunication, various members of the City Staff will work with "PoPo" Gonzales and other representatives of the Familias Unidas and at a future date the Council will be requested to broaden this program with a citizens committee to reach other areas of the community." September 17, 1974 Continued 5. The following resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF SEPTEMBER, 1974. RESOLUTION A~HORIZING APPLICATION FOR FEDERAL GRANT FOR S~WERAGE SYSTEM IMPROVEMENTS WHEREAS, the City of Denton, Texas deems it necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations pursuant thereto. NOW, THF~REFORE, BE IT RESOLVED by the City of Denton that Edwin Earl Jones, Water and Sewer Superintendent, or his successor, is hereby authorized and directed to make application for a grant under Public Law 92-500 and the rules and regulations pursuant thereto, and to sign the acceptance of the grant, when made, and any other necessary documents required to complete the project on behalf of the City of Denton. PASSED, APPROVED AND ADOPTED this 17th day of September, A.D. 1974. BILL NEU, MAYOR CITY OF DENTON, TEXAS A~FFEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPS4: W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Jester that the Resolution be passed. On roll call vote Jester voted "aye", Kibler voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF TH~ CITY OF D~NTON, TEXAS H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE I?TH DAY OF SEPTEMBER, 1974. RESOLUTION OF AGREEMENT TO CONSTRUCT SEWERAGE SYSTEM IMPROVEMENTS WHEREAS, the City of Denton, Texas, has made application to the Texas Water Quality Board and the Environmental Protection Agency for a federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto. NOW, THEREFORE, BE IT RESOLVED by the City of Denton that the application for which federal grant assistance has been requested pursuant to the Federal Water Pollution COntrol Act Amendments of 1972, Public Law 92-500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule. September 17, 1974 Continued · ~ -,,-~ ..... CtlfiDiTLI:i t'£EH DATE OF ACTION Ccneral Availal>ility of ~.nanc.~ng ~_~unds for applicants ~'i~ ..... of the .project costs Step 1 September 1, 1974 · Step 2 Sc tember 1, 1975 Step 3 September 1, 1976 Availability of Sites for the. Before Advertising project facilities for constru, ction bids. Step 1 Infiltration/Inflow Anal. ysis Initiated December 1, 1974 (1) Completed March 24, 1975 Submitted to State (TWQB) April 1, 1975 Prelimi~.o ary Infiltration/Inflow Evaluation Survey Study Plan (if needed) ~ May 15, ].975 (2) Completed May 30, '].9 75 Report Completed June 6, 1975 Submitted to State (TWQB) June 13, 1975 ]?ROJECT SCHEDULE ITEM ])ATE OF ACTION !~.filtration/Inflow Evaluation Survey (if needed) Initiated June 27, 1975(3) Completed Report Completed February 24 1976 ~ March 24, 1~76 Submitted to State (TWQB) April 1, 1976 Schedule, if I/I Schedule, if I/I Evaluation Survey Evaluation Survey is not Required is Required Environmental Assessment Initiated July 2, 1975 'July 2, 1976 Completed August 8, 1975 August 8, 1976 t~ublic tlearing Advertised August 151 1975 August 15, 1976 Public Hearing Conducted September 16, 1975 September 16, 1976 Environmental As s es smen t ]Finalized September 23, 1975 September 23, 1976 Submitted to State (%]~.~QB) September 30, 1975 S~ptember 30, 1976 RT~e Regional Planning f~gency Comments and Approvals Com>leted t - ~ October 15, 1975 .October 15, 1976 Submitted to State (TWQB) Octol~er 15, 197'5. October 15, 1976 September 17, 1~/4 t~ont~nue~ · ];'aci!it:y ]?lan (Including Final },:nF,.~neerbq~ Feasib:[lity Report) initiated April 1, 1975 April 1, 1976 Completed August 8, ].975 August 8, 1976 Re~ort Completed August 15, 1975 August 15, 1976 Public Hearing (30 Day Minimum period of Advertisement) September 16, ].975 September 16, 1976 S~bmitted to State (TWQB) October 15, 1975 October ].5, 1976 Step 2 Final Plans and Specifications Initiated December 1, 1975(4) December _1, 1976 Completed S.eptcmber 1, 1976 September 1, 1977 Submitted to State (TWQB) September 15, 1976 September 15, 1977 (1) Based on Grant offer by December 1, 1974. " (2) Based on Tt~QB and EPA review and comments within 45 days after submittal of infiltration/inflow analysis. (3) Based on authorization to proceed ~ithin~ 14 days after submitting survey study plan. (4) Based on authorization to proceed within 45 days after submit~ting Regional Planning Agency approvals. PROJECT SCHEDULE ITEM DATE OF ACTION S te.p 3 Advertise for Construction Bids within the days indicated after authorization to advertise for bids has been issued. 45 days Submit Bid Opening Documents within the days indicated after the bid opening date. 30 days Award Construction Contract within the days indicated after authorization to award the tract has been issued. 15 days Initiation of Construction within the days indicated after the award of the contract. 30 days Complete Construction within the days indicated after initiation of construction. 540 days BE IT FURTHER llESOLVED, that the City of Denton understands that the above project schedule must be approved by the Te?:as Water Quality Board and the Environmental Protection Age]Icy, and that once a project schedule has been approved, ]io changes will b'e authorized withou~ first receiving approval of the change from 270 September ].7, 1974 Continued ~Jhe Texas Water Quality Board and the Environmental Protection Agency, -~,~, APPI~OVED and ADOPTED this 17th day of September, A.D. 1974. CITY OF DENTON, TE~S ATTEST: CITY OF DENI~ON, TEXAS ~PPI{O~rED JS~TO LEf.~AL. FOP~.f: CITY 0I" "" '~"" D~h I ON , TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be , passed. On. roll call vote.Kibler voted "aye", Jester voted "aye" and Neu voted "aye" Motion carried.- - 6. The 'Council .considered. a prop6sai J~ 'recommegded by Freese And Nichols Engineering Firm'for full time inspe~ti0n and .testing of p~estre~}ed'concrete ' -9ylinder pipe and fittings for raw'water linb.. · Following considerable discussion, motion was made by Jester, seconded by K{bler that Trinity Engineering and Testing Corporation be hired on a full time basis at a total estimated cost of approximately $4,500 or .10¢ per linear foot. ~tion carried. 7. The Council considered the recommendation of the Airport Advisory. Board to hire an engineering fi~nn to prepare plans, specifications and to supervise the installation of a visual approach slope indicator lighting system for the Denton ~lm.icipal ~ir.port. Following a briefing by the Assistant City Manager, motion was made by Kibler, seconded by Jester t'hat the engineering firm of Hauptmann, Scholl and Madson be retained for this work at an estimated cost of $27,500. Wit~ gPants from FAA and TAC the City's share would be $3,450. Motion carried. 8. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF~NTON, TEXAS HELD IN THE MUNICIPAL BHILDING OF S~ID EITY ON THE 17th DAY OF SEPT~\~ER, A.D. 1974. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ RESOLUTION IN APPRECIATION OF CITY OF DENTON ~ GEORGE SCHNEIDER ~HEREAS, George Schneider was elected to the ~onore~ position of City Council- member initially in a special election in June, 1972, and subsequently re-elected to a full term in April, 1974; and September 17, 1974 Continued WHEREAS, the personal ~tesire of Councilman Schneider was recently expressed in his most untimely and regrettable resignation of such trusted responsibility; and ~]~REAS, The Mayor and City Council desire to publicly recognize Mr. Schneider for the valuable insights contributed by him in the affairs of our progressive community toward its continued development and growth; and WHEREAS, George Schneider is especially deserving of a special vote of thanks for a job "Well Done", now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation of this Council be extended to the said George Schneider on behalf of all of the citizens of our community who have appreciated the time and effort expended unselfishly by him in their behalf, and that the City of Denton does hereby officially and sincerely wish him continued success and happiness in all future endeavors. PASSED AND APPROVED THIS 17th day of September, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. The Mayor presented a plaque of appreciation to Mr. Schneider and lauded the outstanding contributions he has made to the progress of the City. Mr. Schneider expressed his appreciation for the opportunity to serve his City and work with the Council, City Manager and members of the City Staff. 9. Ray Jackson, Administrative Assistant, presented a proposal agreement to provide technical assistance services to the City of Denton, Texas by the U. S. Civil Service Commission, Division of Intergovernmental Personnel Programs, Dallas Region, the program consisting of tnvo phases: Phase 1--evaluation and research which consists of analysis of the general perso~management system to include training, safety, staffing, recruitment, employee development, etc. A thorough study of the present classification and compensation systems and equal employment opportunity will be conducted. The analysis will result in written recommendations. Estimated cost is $500, and will require three to four weeks to complete. Phase II--implementation of selected reco~Lendations to include the development of classification and co~pensation systems and equal employment opportunity and affirmative action plans. The Civil Service Commission will provide technical assistance and guidance in Phase II at an approximate cost of $3,500. The actual development and preparation of the systems and plans will be accomplished by the City Staff. Phase II will take approximately three months to con~plete, with the project to begin on or about September 30, 1974. Motion was made by Jester, seconded by Kibler that Phase I be approved. Motion carried. 272 September 17, 1974 Continued 10. Motion was made by Kibler, seconded byJester that the following vouchers be approved for payment as recommended by the City Manager: Denton Electric Co~mpany $1,714.00 Wallace and Tiernan $4,236.00 Bailey Meter Company $1,248.00 Nelson Electric Supply $1,256.12 Gulf Oil Corp. $7,997.26 Temple, Inc. $2,252.50 James Magill Sporting Goods $3,408.50 (The Magill amount will be refunded from a federal grant) Motion carried. 11. Mrs. Isabel Miller, representing the League of Women Voters, requested that the Council consider a woman to replace Mr. Schneider on the City Council, pointing out the value to the Council and to the City of such an appointment. 12. The City Manager presented the following letter from Charles J. Tracy, Acting District Engineer of the Fort Worth District Corps of Engineers: Department of The Army Fort Worth District, Corps of Engineers P. O. Box 17300 Fort Worth, Texas 76102 September 11, 1974 Mr. James W. White City Manager Municipal Building Denton, Texas 76201 D~ar Mr. White Please refer to the following: a. Your letter to Colonel Floyd Henk of 9 October 1973 regarding Aubrey Reservoir and providing assurances of cooperation in the project by the City of Denton for inclusion in our General Design Memorandum submission for the project. b. Colonel Henk's letter of 10April 1973 to Honorable Bill Neu trans- mitting the draft water supply contract for Aubrey Lake for your review and consideration. c. Colonel Henk's letter of 14 May 1973 to Honorable Bill Neu trans- mitting the draft recreational development contract for Aubrey Lake for your review and consideration. We have been working on additional studies and data for the project which the Chief of Engineers requires before he will approve the General Design Memorandum and start of construction of the project. We are finalizing our data and report and expect to submit the report to the Division Engineer for review about 23 September 1974. As a result of our studies and findings, I am going to recommend construction of a larger project at Aubrey than the one presented in the General Design Memorandum. This larger project will have the top of the conservation pool at 632.5 feet msl and a conservation storage capacity of 799,600 acre-feet in lieu of an elevation of 627.0 feet msl and a storage capacity of 650,300 acre- feet in the prior project. This larger project provides for full site development for water supply at Aubrey and transfer of the maximum amount of flood control storage from Lewisville to Aubrey without requiring major September 17, 1974 Continued alterations at Lewisville to increase the water supply yield from Lewisville. The larger project will yield a net increase in water supply from the two lakes of 126 cfs (81.44 mgd) in lieu of the 104 cfs (67.22 mgd) net increase in the prior project. Based on our current estimates at July 1974 prices, the project will cost about $144,500,000, with about $89,700,000 of this cost being allocated to water supply. Based on the annual charge for water supply derived in our cost allocation study, water in the project costs about 12.0 cents per 1,000 gallons. The separable construction costs for the recreation feature of the project are estimated at $18,703,000, of which the local interests' share will be about $9,351,500 (50%). Based on the armual charge for local interests' share of the recreation feature costs derived in our cost allocation study ~nd translated as additional cost of water supply, water would cost an additional 2.9 cents per 1,000 gallons. The total cost to local interests in terms of water supply would be about 14.9 cents per 1,000 gallons. Our cost allocation studies have not yet been reviewed by our higher authorities. Upon acceptance of our report and approval of the General Design Memorandum and the cost allocation, we will revise the draft water supply and recreation contracts, included as appendix IV and appendix II, respectively, in the General Design Memorandum. We expect the contract format and general language to remain essentially unchanged, but the costs and other numerical data will be revised. We expect to mail revised contracts for the City's acceptance early in October 1974. The sharing of costs between Dallas (74%) and Denton (26%) will remain as before unless we receive a different division from you. In response to this letter, we need now from the City of Denton, for submission with our report on 23 September 1974, a letter of assurances similar to your letter of 9 October 1973, reference a above, that the City is willing and able to cooperate in the Aubrey project at the increased size and cost, ~nd that the City intends to contract for the water supply and recreational development as required. Sincerely yours, Charles J. Tracy LTC, CE Acting District Engineer Following a discussion, motion was made by Jester, seconded by Kibler to authorize the City M~nager to sign and mail a letter in reply to the letter from the Corp of Engineers assuring cooperation by the City of Denton. Said letter follows: September 17, 1974 Lt. Col. Charles J. Tracy Acting District Engineer Fort Worth District, Corps of Engineers P. O. Box 17300 Fort Worth, Texas 76102 -- Dear Colonel Tracy: We have received and discussed with your staff the details of your letter of September 11, 1974 relative to your proposed recommendation to the Chief of Engineers for a larger project for Aubrey Lake than proposed in the General Design Memorandum. We understand this larger project will have the top of the conservation pool at 632.5 feet msl and a conservation storage capacity of 799,600 acre-feet in lieu of an elevation of 627.0 feet msl and a storage capacity of 650,300 acre-feet in the prior project. This larger project provides for full site development for water supply at Aubrey and transfer of the maximum amount of September 17, 1974 Continued flood control storage from Lewisville to Aubreywithout requiring major alterations at Lewisville to increase the water supply yield from Lewisville. The larger project will yield a net increase in water supply from the two lakes of 126 cfs (81.44mgd) in lieu of the 104 cfs (67.22 mgd) net increase in the prior project. The City of Denton wishes to assure the U. S. Army Corps of Engineers that it is financially able and willing to cooperate in order to permit you to proceed with the design and construction of Aubrey Lake. We understand that our responsibilities are as follows: (1) Obtain without cost to the United States all water rights needed for storage and use of water for project purposes, (2) Resolve any conflects in water rights necessary for effective operation of the project, (3) Use the water in a manner consistent with Federal and State laws, (4) Hold and save the United States free from damages due to the storage and withdrawal of water by the users, (5) Pay the United States, in accordance with the provisions of the Water Supply Act of 1958, as amended, for the first costs and the annual operation, maintenance, and replacement costs allocated to water supply storage, (6) Administer project land and water areas for recreation and fish and wildlife enhancement, and participate in the cost of development, operation, maintenance, and replacements for these purposes in accordance with the Federal Water Project Recreation Act (PL 89-72). We understand that the draft contracts for recreation and water supply, referred to as appendixes II and IV to the General Design Memorandum, respectively, are not final and wilt ultimately be based on the actual cost of the project. We further understand that contracts must be negotiated between the two sponsoring cities and the United States prior to the initiation of construction and that these contracts will be based on more detailed data than is now available in the General Design Memorandum. In fact, recreation facilities must be delineated in such detail to allow the equitable distribution of first costs and annual charges between the two sponsoring cities. Also, we understand that the magnitude of recreational development will be mutually agreed upon by the Corps of Engineers and the two sponsoring cities. Sincerely, City of Denton James W. White City Manager Motion carried. 13. The Council adjourned into Executive Session at 8:15 p.m. and reconvened into public session at 9:00 p.m. Motion was made by Kibler, seconded by Jester that the Auditing Firm of Ernst & Ernst be hired as outside auditors for the City of Denton for the Fiscal year ending September 30,~ 1974 as reco~ended by the City Manager. Motion carried. 14. The Council then adjourned into an Executive Session at 9:05 p.m. The Council reconvened into public session at 9:26 p.m. to announce that no decision had been made. Meeting adjourned at 9:28 p.m. CITY SECRETARY Municipal Building September 18, 1974 Special Meeting of the City Council, City of Denton, Texas, Wednesday, September 18, 1974 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Member Kibler; City Manager _ Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Nelson 1. Motion was made by Jester, seconded by Kibler that Terrell W. King III be appointed to fill the unexpired term of George Schneider, who resigned on September 13, 1974. Motion carried. Motion was then made by Jester, seconded by Kibler that the meeting of September 13, which was recessed, be adjourned. Motion carried. 2. The Mayor requested that the City Manager offer his comments relative to the proposed 1974-75 Municipal Budget before opening the public hearing. The City Manager gave highlights of his budget message, pointing out such things as spiraling costs, difficulties in determining material costs and giving specific examples of these increasing costs and proposing an 11% increase in basic electric rates, 15% in water and sewer rates and 50¢ per month in residential sanitation services and adjustment on commercial containers based on size and regularity of service. He also pointed out that the budget also provides for a 5% salary increase effective ,January 1, 1975 for City employees, pointing out that there are many difficult tasks during times of economic instability and future uncertainties to set priorities, levels of service, rates and changes that support the cost of providing that service. The Manager also mentioned the time and a half overtime pay requirement. 3. The Mayor opened a public hearing on the 1974-1975 Budget. Lieutenant Gary Matheson, representing the Denton Police Association, presented a booklet entitled Police Salary Crisis and requested a Police salary increase (the booklets referred to by Lieutenant Matheson and handed to all members of the Council can be found in Packet #4730 in the City S~cretary's File in the Municipal Building). Lieutenant Matheson presented comparative salaries of Denton and other cities in or near the Dallas-Fort Worth Metroplex. No other person appeared before the Council during this public hearing. The Mayor closed the public hearing and asked if Council Members would care to make statements relative to the request of the Denton Police Association. Mayor Pro Tem Jester stated that he symphasized with the Police and Fire Departments, adding that this also goes for all municipal employees. He stated that he would endeavor to find money for Police and all other city employees. Council Member Kibler concurred with the statement of Mr. Jester, adding that Denton had fine City employees and a fine Police and Fire Department. He added that he realized that the City employees are under paid but that it is very difficult to raise the requested funds. He further stated that the Council would endeavor to place salaries in li. ne, W~%h other ¢i~ies in~ %he az~a. Meeting adjourned at 7:50 p.m. MAYOR CI~I~ ~:3ECRETARY -.~ j Municipal Building September 20, 1974 Emergency Meeting of the City Council, City of Denton, Texas, Friday, September 20, 1974 at 12 noon in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Member Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Nelson 1. The Mayor announced that the Council would adjourn for an Executive Session. The Council returned to the Council Chambers at 12:15 p.m. 2. The City Manager briefed the Council on procedures for adopting the 1974-75 Municipal Budget and the Mayor made the following statement: For sometime the City Council has been concerned about City employee salaries in all departments. We were concerned about them at this time last year when the budget was adopted with a 5% increase. As the year wore on we managed to adjust salaries by another 5% in May. This increase was not budgeted. Today we have the same concerns. The budget as submitted represents figures we know we can live with, and does not promise raises we are not sure can be delivered. There are some things on the horizon which indicate that some form of salary adjustment may be made during the year. (A) At our last Council Meeting we authorized approval of a contract to provide an in-depth study throughout the City personnel system. (B) Revenue sharing lis being discussed in Congress now. It should be resolved Within the next few months. As ~sooh. as we.know how this is finally passed our financial planning can be reconsidered. We are hoping that part of this financial assistance can be directed toward salary adjustments. ~]~e adoption of this budget does not represent the end. It can be amended as time and conditions merit as it was last May. 3. The following Ordinance was presented: ORDINANCE NO. 74- 38 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 19'74, ENDING ON SEPTEMBER 30, 1975; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1975; LEVYING TAXES FOR THE YEAR 1975 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 4. The City Secretary administered the Oath of Office to Terrell W. King III, newly appointed Council Member replacing George Schneider. Mr. King took his place on the Council. S. Council Members Jes'ter and Kibler both stated that they were concerned with wages currently..being paid all Municipal Employees and reiterated that they would make every eff6rt to-inc~rease wages for all employees of the City. Meeting adjourned at 12:35 p.m. MAYOR Municipal Building October 1, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 1, 1974, at 7:00 p.m., in the Council Chambers of the ~unicipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Nelson and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of September 17, the special meeting of September 18, and the emergency meeting of September 20, 1974 be approved. Motion carried. 2. BIDS: (A) #8180 Tree Trimming (Electric Distribution) Motion was made by Jester, seconded by Kibler that the bid be awarded to the overall low bidder, Blume System Tree Experts, for the total hourly rate of $26.10, and at an estimated total cost of $12,528.00. Motion carried. 3. Edwin O. Fulton who operates a business on the old Fort Worth Highway just south of the railroad underpass, appeared relative to serious drainage problems in the area. Also speaking was Thomas Lowry who gave a history of drainage in the subject area. Motion was made by Jester, seconded by Kibler to instruct the City Staff to contact Acme Brick Company and the Denton Office of the Texas Highway Department to endeavor to devise means to solve such drainage problems. Motion carried. 4. The following Ordinance was presented: Ordinance No. 74-39 tiN ORDI~IANCE AMENDING CHAPTER 24, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING THERETO SECTION 24-89; PROVIDING LEGAL PRESUMPTION IN RELATION TO THE PROSECUTION OF TRAFFIC OFFENSES AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Nelson that the Ordinance be passed. On roll call vote King voted "aye'~, Nelson voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. S. The City Manager recommended a study session to better acquaint the City Council relative to the proposed Ordinance amending the sanitation rates and certain provisions of Chapter 12 Article 1. The Council concurred. 6. The Manager briefed the Council on a proposed Ordinance amending the Code of Ordinances pertaining to the Plumbing and Mechanical Code of the City of Denton. Motion was made by Jester, seconded by King that the proposed Ordinance be tabled for further study. Motion carried. 278 Octeber 1, 1974 Continued 7. ~he following Resolution was presented: AT A REGULAR M~F~TING OF TH~ CI~ COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF OCTOBER, A.D. 1974. RE S O L U T I ON WHEREAS, the design of present law enforcement radio communications systems does not permit efficient restructuring of the network; and ~H~P~EAS, the structure of the statewide system has been determined and implement- ation of regional systems will continue on the basis of the statewide concept established by the Texas Criminal Justice Division, Office of the Governor, State ef Texas; and WHEREAS, the North Central Texas Council of Governments has submitted bidding specifications to prospective vendors, and the Executive Board, after considering the bids, has determined the low compliant bidder; and WHEP~EAS, it is the opinion of this City Council that the best interest of the citizens of the City of Denton will be served by participating in this cooperative program. NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, THAT: (1) The City of Denton desires to participate in the cooperative purchase of law enforcement radio communications equipment, Phase III. (2) T~e North Central Texas Council of Governments is authorized to enter into binding contract with the low compliant vendor and to purchase communications equipment in behalf of the City of Denton. (3) This City understands that the Texas Criminal Justice Division is providing seventy-five (75%) per cent funding and that the amount of Fourteen ~ousand Three Hundred Eighty-Five and 12/100 (14,385.12) Dollars is our matching share of the purchase of the equipment and the administrative and engineering cost of the project. (4) To indicate the City's desire to participate in this program, a copy of this resolution will be forwarded to the North Central Texas Council of Governments. (5) The City's matching share will be forwarded to the North Central Texas Council of' Governments upon notice of grant award. PASSED AND APPROVED this the 1st day of October, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY A~0RNE~ CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by King that the Resolution be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. October 1, 1974 Continued 8. The Council considered a petition for removal of parking on Linden Drive between Ponder Street and Bryan Street. The Director of Community Development stated that The Citizens Traffic Safety Commission studied the matter and reported that parking on Linden Drive was more of a nuisance to citizens of the area rather than a safety factor. There were several Linden Drive residents present who stated that rubbish, bottles and other objectionable items were often thrown in their yards, and that cars had been run across portions of their yards and that driveways are frequently blocked. The Mayor stated that he understood the problem, but eliminating the problem in this area could tend to move it to another area. Motion was made by Kibler to remove parking on both sides of Linden Drive from Ponder Street to Bryan Street on week days between 8 a.m. and 5 p.m. on a six month trial basis. Motion died for ladk of a second. Motion was made by Jester, seconded by King to apply the appropriate "no parking" paint on curbs five feet on each side of driveways on Linden Drive from Ponder Street to Bryan Street and that the City Staff contact school officials to advise them of the Council action. Motion carried. 9. The Director of Community Development advised the Council that the Planning and Zoning Commission has recommended a second series of Neighborhood Meetings. The Council concurred with the recommendation of the Planning and Zoning Commission. 10. The Council considered the petition of Mrs. Connie M. Altemus requesting that the zoning classification at 2021-2107 Bernard be changed from the Single Family (SF-7) classification to the General Retail. (Tabled at previous meeting.) Following a presentation by Mrs. Altemus, motion was made by Nelson, seconded by Jester that the requested petition be approved. Motion carried. 11. Motion was made by Kibler, seconded by Nelson to approve Change Order #2 in the increased net contract amount of $1,289.56 to A. E. Mitchell Company for construction at the Water Treatment Plant, making.~the, revised, contract amount $1,157,292.55. Motion carried. 12. The Council considered approval of a contract for foundation and retainage dykes for the 110,000 barrel fuel oil tank at Caddo Mills for the Texas Municipal Power Pool. Denton's share of cost is to be 12 7/8% of the total price of $64,513.00 or $8,244.76. Following a briefing by the City Manager, motion was made by Kibler, seconded by Nelson to approve the contract. Motion carried. 13. The Director of Utilities requested that the request of James L. Helm for sewer services outside the city limits not be considered at this time since the Utility Board tabled the matter. Request was granted. 14. The Coun~ci!.~.cons~dered approval of expenditure of $47,951.43 from Revenue Sharing for the pur6has~ of equipment. Following a briefing by the City Manager, motion was made by Nelson, seconded by Jester to approve expenditure of $47,951.43 from Revenue Sharing for the purchase of equipment. Motion carried. 1S. The Council considered approval of the transfer of $50,000 in General Funds to the General Obligation Interest and Redemption Fund from the Motor Pool Fund. Motion was made by Nelson, seconded by Jester to approve the transfer of $50,000 in General Funds to the General Obligation Interest and Redemption Fund from the Motor Pool Fund. Motion carried. 280 October 1, 1974 Continued 16. Motion was made by Nelson, seconded by Jester that the following purchase orders and vouchers be approved for payment: PURCHASE ORDERS Mercury Pr-~;-~g & Lithographing Co. $1,250.00 Ben Ivey ()il Company $7,557.12 Welco Services, Inc. $5,680.53 Eye-Gate $1,470.50 Singer Education Division $1,350.50 Hoffman Info~nation Systems $ 2,693.85 General Electric Company $2,504.00 Campsite $2,499.00 VOUCHERS Underwood' s Pit Bar-B-Q $1,720.00 Darr Equipment Company $4,817.57 Allis- Chalmers $1,875.56 Westinghouse Electric Supply $1,786.05 Motion carried. Councilman Nelson requested that all vouchers and purchase orders presented to the Council be documented fully. 17. The City Manager presented excerpts from a memo from County Judge, Tom Todd and reviewed action previously taken by the Council relative to the City- County Health Unit, adding that if the Council is satisfied with the Health Unit ope:ation to authorize the Manager to approve payment on a month to month basis for a total of $50,000 and that the Council receive regular progress reports on the Health Unit ' s operation. Motion was made by Jester, seconded by Nelson to continue funding the Health Unit on a month to month basis for a total of $50,000 for the fiscal year 1974-75 and that the Council receive regular progress reports. Motion carried. 18. Motion was made by Jester, seconded by Kibler that Warren Hoffpauir be appointed to the Civil Service Commission. Motion carried. 19. The Council adjourned into Executive Session at 9:15 p.m. and reconvened into public session at 10:13 p.m. to report that no action was taken. Meeting adjourned at 10:15 p.m. CITY SECRETARY Municipal Building October 15, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 15, 1974, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler, King and Nelson; Assistant City Manager, City Attorney and City Secretary. AJ3SENT: City Manager 1. Motion was made by Kibler, seconded by King that the minutes of the regular meeting of October 1, 1974 be approved. Motion carried. 2. BIDS: (A) #8189 Circulator Desk for Library Motion was made by Jester, seconded by Kibler that the bid be awarded to the low bidder, Bob Belcher, in the amo~mt of $1,126. ~ot.ion carried. (B) #8183 69 KV Relay Metering Motion was made by Nelson, seconded by Kibler that the bid be awarded to the low bidder, Westinghouse Electric Supply at a total price of $21,984, including one day of engineering service. Motion carried. 3. The following Ordinances were presented: (A) Ordinance No. 74-40 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMIT ON PORTIONS OF DALLAS DRIVE; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Nelson that the Ordinance be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Motion was then made by Jester, seconded by Nelson that warning signs be installed on Teasley Lane, stating that a dangerous intersection is ahead. Motion carried. (B) Ordinance No. 74-41 (Connie M. Altemus) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 4, 5, 6, 7, 8, 31, 32, 33 AND 36.2, CITY BLOCK NO. 350-E AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MoRE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nelson, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 4. The Assistant City Manager briefed the Council on the procedures for handling weed violations. The Mayor asked if any of the persons notified by registered mail of costs of abating weeds were present to show cause why they should not make payment. None were present. October 15, 1974 Continued The following Ordinance was presented: ORDINANCE NO. 74-42 AN ORDINANCE LEVYING AN ASSESSMF~ ON TH~ REAL AND TRUE OWNERS OF PROPERTY DESCRIBED HEREIN; FINDING ~TD DETERMINING THAT UPON EACH AND EVERY PARCEL OF PROPERTY DESCRIBED H~REIN THERE EXISTED A NUISANCE AS DEFINED IN SECTION 12-26 OF THE CODE OF ORDINANCES; FIXING A CHARGE AND DETERMINING THAT SAM~ IS REASONABLE AND NECESSARY, ~XND FIXING A LIEN AGAINST ALL DESCRIBED PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, AND RATE OF IN~F. REST AND THE CONDITIONS OF DEFAULT. Motion was made by Nelson, seconded by Jester that the Ordinance be passed. On roll call vote Kibiler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" ~d Neu voted "aye". Motion carried. 5. After a briefing by the Assistant City Manager, the following Resolution was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF OCTOBER, A.D. 1974. RESOLUTION WHEREAS, on October 1, 1974, the Texas Highway Commission passed a certain Minute Order No. 69406 relating to the reconstruction of grading, structures and surfacing on Carroll Street from Hickory Street to U.S. Highway 377, in Denton, Texas, a distance of approximately 0.8 miles; and WHEREAS, said minute order del:ineated therein certain provisions that the State Highway Department wi~/1 carry out regarding said project; and WHEREAS, said order further listed specific responsibilities to become the obligation of the City of Denton upon implementation of said project; NOW, TH~P~EFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton, Texas, through this Resolution, acknowledgesits acceptance of the proposal tendered to it by the State Highway Commission, as evidenced by its Minute Order No. 69406, and the terms and conditions contained therein, to which reference is made for all purposes, and again reiterates its intent and desire to enter into an agreement with said highway department to forthwith initiate and implement said Carroll Street project. PASSED AND APPROVED this the 15th day of October, A. D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CItY OF DF~NTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by King that the Resolution be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" m~d Neu voted "aye". Motion carried. October 15, 1974 Continued 6. The Director of Community Development informed the Council on the Planned Neighborhood Meetings. He advised that radio station KDNT had offered to air one or more of the meetings and that the Denton Independent School Board had indicated an interest in taking part in some of the meetings. The Council agreed to invite the School Board to participate and to give approval to KDNT to broadcast. 7. The Director of Community Development reported on the progress of the Comprehensive Plan. He stated that theme were a few minor problems that would soon be corrected. The Mayor suggested that the formal adoption of the plan be postponed until January, 1975 to give citizens and staff members an opportunity to suggest possible changes. The Council concurred. 8. Motion was made by Kibler, seconded by Jester that the following purchase order and vouchers in excess of $1,000 be approved for payment: ~ouchers Ben Ivey Oil Company $2,519.04 Transportation Enterprises, Inc. $1,004.39 Bailey Meter $1,888.68 Beatty Engineering Company $1,897.84 Purchase Order Gaylord Brothers, Inc. $1,941.00 Motion carried. Councilman Kibler suggested that bids for maintenance of air condition- ing be obtained from local concerns. 9. Mr. Harold Brueckner, Comptroller of Denton Savings Association, advised the Council that a financial proposal had been presented by his associat- ion to the City, offering to sell a large amount of treasury obligations, with the institution guaranteeing re-purchase of these obligation~. He added that the financial gain to the City would be an extra $60,000 a year. He stated that this type of agreement has been entered into by other cities. Councilman Nelson questioned Mr. Brueckner. No official action was taken. 10. The Council adjourned into Executive Session at 8:15 p.m. to confer with the City Attorney. 11. The Council reconvened into public ~ession at 8:28 p.m. The Mayor reported that the Council had considered a gate rate increase proposal by Lone Star Gas Company to the Texas Railroad Commission, and the City Attorney asked the Council if the City desired to participate in a hearing in Austin on the matter. Motion was made by Jester, seconded by Kibler to join the Texas Utility Advisory Council in opposing the proposed gate rate increase and to authorize the City Attorney to represent the City of Denton at said hearing. Motion carried. Meeting adjourned at 8:40 p.m. __~ ~ . MAYOR Municipal Building November 5, 1974 Regular meeting of the City Co~mcil, City of Denton, Texas, Tuesday, November 5, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler and King; City Manager, Assist~mt City Manager, City Attorney and City Secretary. ABSENT: Council Member Nelson 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of October 15, 1974 be approved. Motion carried. 2. BIDS: (A) #8184 VASI System II Motion was made by Jester, seconded by Kibler that the Council recommend to the FFA that the bid be awarded to Metroplex Industrial Constructors, Inc., Fort Worth, Texas, at a low bid[ of $19,423 for the total project with FFA paying 75%, TAC 12 1/2% and City of Denton 12 1/2%. Motion carried. (B) #8192 "Bunker" Coats, Boots, & Helmets Motion was made by Kibler, seconded by Jester that the bid be awarded to W. H. Lumpkin at an overall low bid of $4,449.30. Motion carried. (C) #8193 Police Uniforms Motion was made by Kibler, seconded by King that items 1, 2, 3 and 5 be awarded to Craven's Dry Goods at a bid of $1,471.09. Motion carried. (D) #8194 Chemical Feeder Motion was made by Jester, seconded by Kibler that the bid be awarded to Wallace and Tiernan at a low bid of $1,208.00. Motion carried. (E) #8186 Asphalt Kettle Motion was made by Jester, seconded by King that the bid be awarded to Cooper Machinery Company at a low bid of $2,242.30 with 30 day delivery ARO. Motion carried. (F) #8190 Rep]~acement Parts For Traffic Signals Motion was made by Jester, seconded by Kibler that the bid be awarded to Signal Engineering at a pric:e of $1,389.45. (single source) Motion carried. (G) #8185 69 KVAir Switch Motion was made by Kibler, seconded by Jester that the bid be awarded to ~arner Electric with the lowest and best bid of $5,982.00. Motion carried. 3. REFERRALS: Motion was made by Kibler, seconded by King that the following two petitions be referred to Planning and Zoning for its recommendations: [A) Z-1244, the petition of Mr. Frank N. Hall, requesting that the zoning classification of the 2400-2500 block of Hinkle be changed from the Single Family (SF-10) to~ ~he M~lti-Family (MF-2) classification. This property is further descri~e~ g~ bein~approximately 28 acres located on the southeast corner of Headlee'an~ Hinkle Streets. The City tax records designate this property as City Block No. 444, Lot No. 6. November 5, 1974 Continued (B) Z-1245, the petition of Mr. John O. Duncan, requesting that the zoning classification at the 3500 block of E. University Drive be changed from the Agricultural (A) classification to the Commercial (C) classification. This property is further described as being approximately 3/4 acre located on the southwest corner of E. University and Mayhill Road. The City tax records designate this property as City Block No. 187-3, a portion of Tract No. 1. Motion carried. 4. PUBLIC HEARING: (A) A public hearing was held on Z-1243, the petition of Mr. J. H. Briscoe, requesting that the zoning classification for 2120 University Drive be changed from the Agricultural (A) to the General Retail (GR) classification. This property is further described as being approximately 19.5 acres of land located on the northeast corner of University Drive and Bonnie Brae Street. The City tax records designate this property as City Block No. 4071, Lot No. 3. After hearing 1 proponent but none in opposition, motion was made by Jester, seconded by Kibler that the petition be approved. Motion carried. 5. The matter of a completed telephone consultant report made by Mr. Joe M. Nall was introduced by the Mayor, who suggested that a study session be arrm~ged. The Council concurred. 6. The following Ordinance was presented: ORDINANCE NO. 74-43 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 12, ARTICLE I, AS HEREIN DESIGNATED; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. ~otion was made by Jester, seconded by King that the Ordinance be passed. On roll call vote Kibler voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 7. The Council considered recommendations of The Citizens Traffic Safety Commission to remove on-street parking on N. Locust Street from Congress to University. Following considerable discussion, motion was made by Jester, seconded by Kibler to direct the City Attorney to prepare an ordinance removing parking on the west si~e of N. Locust Street from College Street to University Drive, and to allow parking on the east side of N. Locust to a safe point south of University, to be determined by the Traffic Department, and to reset the lane lines toward the west to provide eleven foot lines from Congress to University. Motion carried. 8. The Council considered a petition requesting 30 minute parking on a portion of Oakland Street. The Citizens Traffic Safety Commission recommended denial. Motion was made by Jester, seconded by Kibler that the matter be tabled for further study. Motion carried. 9. Motion was made by Kibler, seaonded by Jester that the following Purchase Orders and Vouchers be approved for payment: PURCHASE ORDERS: #23495 Cummins Supply Company $1,908.00 #24002 Can Tex Industries $1,115.00 VOUCHERS: #14371 Priester Supply Company $1,370.00 #7161 Ben Ivey Oil Company $2,033.60 #7167 Ben Ivey Oil Company $7,163.52 #089-62482 ~eneral Electric Company $2,067.28 Motion carried. Now~mber 5, 1974 Continued 10. Motion was made by Jester, seconded by Kibler that the Tax Adjustment Report for October, 1974 be approved. Motion carried. 11. Bill Williamson, local citizen, praised the work of the Council and thanked them for their devotion to duty. 12. The City Attorney presented to the Mayor guidelines for appointments to City Boards and Commissions. (Document filed in Packet #4732 in the Official City Records) 13. The Council adjourned[ into Executive session at 8:20 p.m. 14. The Council reconvened into public session at 9:18 p.m. 15. The following Resolution ~as presented: AT A REGULAR MEETING OF THE CI]~ COUNCIL OF TH~ CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF NOVEMBER, A.D. 1974. RESOLUTION WHEREAS, the City of Denton has been compensated by Employers Casualty Company on behalf of Farrow Company, Incorporated in the amount of Eight T~ousand Eight H~dred Eighty-One Dollars and Nine Cents ($8,881.09); and WHEREAS, the aforesaid compensation makes the City of Denton whole as to its losses which arose out of a series of incidents connected with a certain contract entered into between Farrow Company, Incorporated and the City of Denton on July 21, 1971. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, T~XAS: that the City of Denton releases its claims a~ising from harm done to the City of Denton in connection with the performance of said contract be transferred and assigned to Farrow Company, Incorporated. PASSED AND APPROVED this the 5th day of November, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by King that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 16. Motion was made by Jester, seconded by King that a Release and Assignment to the Farrow Company, Inc. be approved. Motion carried. (Document filed in Packet #~732 in the Official City Records) Meeting adjourned at 9:25 p.m. 0 ~~ ~~~ Municipal Building November 19, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 19, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Kibler and Nelson; City Manager, City Attorney and City Secretary. ABSENT: Assistant City Manager 1. Motion was made by Jester, seconded by Nelson that the minutes of the regular meeting of November 5, 1974 be approved. Motion carried. 2. BIDS: (A) #8202 Locust Substation Paving Motion was made by Nelson, seconded by Jester that the bid be awarded to Floyd Glenn Smith Construction Company at a total price of $4,100.00, however, that the price could fluctuate as the square footage of paving could be more or less than the estimated 3,000 feet. Motion carried. (B) #8198 Transformer Repairs Motion was made by King, seconded by Nelson that the bid be awarded to Greenville Transformer Company, the lowest and best overall bidder. Motion carried. (C) #8197 Street Lighting Apparatus Motion was made by Jester, seconded by Kibler that the bid be awarded as follows: Item 1 to Cummins Supply for ninety pieces of Alum pole at a low bi~$188.25 each ($16,942.50 total). Item 2 to Cummins Supply for fifty Aluminum Arms at a low bid of ~-~each ($1,360.00 total). Items 3 & 4 to Wesco of Fort Worth at a low bid of $25.95 each for both types of 175 Watt M.V. street light heads for a total of $1,297.50, with the net total of all four items being $19,600.00. Motion carried. 3. Mr. Ralph Leach, Program Director for SPAN, gave a history of the progress of the project since its inception in Denton County on February 1, 1974, pointing out the increased services that have been rendered each month. Mr. Leach then gave his plans for 1975 and a recommended budget of $41,529.00. The Mayor congratulated Mr. Leach and all of the people who had made the project a success. 4. The following Ordinances were presented: (A) ORDINANCE NO. 74-44 (Planning & Zoning Department) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO TH~ CITY OF DENTON, TEX~S; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 94.5 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DF~NTON, STATE OF TEXAS; CLASSIFYING THE SAMBAS "A" AGRICULTURAL DISTRICT PROPERTY; AND D~CLARINGAN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye", with King abstaining. Motion carried. November 19, 1974 Continued (B) ORDINANCE NO. 74-45 (Planning & Zoning Department) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 227.9 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote .Nelson voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye", with King abstaining. Motion carried. (G) ORDINANCE NO. 74-46 (Planning & Zoning Department) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 351.4 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye", with King abstaining. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 74-47(J. H. Briscoe) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NO. 3, CITY BLOCK NO. 4071, AS SHOWN THIS DATE ON Tt~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBEJ) THEREIN; AND DECLARING AN EFEECTIVE DATE. Motion was made by Kibler, seconded by King that the Ordinance be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. VOUCHERS: Motion was made by Jester, seconded by King that the following three vouchers be approved for payment: #7175 & #7179 to Ben Ivey Oil Co. in the total amount of $4,775.68 #708849 to Moore Business Forms in the amount of $1,057.09 #952 to Farrow Company, Inc. in the amount of $1,404.27 Motion carried. 7. Motion was made by Kibler, seconded by Jester that the Tax Adjustment Report for November, 1974 in tile amount of $606.73 be approved. Motion carried. 8. The following Resoi/ution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEX~S, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF NOVEMBER, A.D. 1974. RE S O L UT I ON WHEREAS, an election of Trustees to serve designated terms of office of the Texas Municipal League Workmen's Compensation Joint Insurance Fund is present-. ly necessary; and November 19, 1974 Continued WHEREAS, the Board of Trustees elected on this ballot will represent each member city of said league and their employees in a representative capacity to provide each employee and his family e~rployment insurance benefits; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the following candidates be elected to said office as hereinafter designated and for the terms of office as listed below: GROUP ONE Term expires December 31, 1975. Alfred H. Koebig, Mayor, Seguin, Texas W. E. Routh, City Manager, Alvin, Texas R. Marvin Townsend, City Manager, Corpus Christi Texas , GROUP TWO Term expires December 31, 1976. N. Alex Bickley, City Attorney, Dallas, Texas Norman McK. Barker, Finance Administrator, Austin, Texas J. Bruce Aycock, City Attorney, Amarillo, Texas GROUP THREE Term expires December 31, 1977. Bill B. Storey, Director of Personnel, Pasadena, Texas Richard D. Brown, Executive Director, TML Carl White, Director of Finance, San Antonio, Texas PASSED AND APPROVED this the 19th day of November, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ W. P~ILPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Nelson voted "aye", Kibler voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 9. The Council adjourned into Executive Session at 8:15 p.m. 10. The Council reconvened into public session at 9:45 p.m. to announce that no decision had been made. Meeting adjourned at 9:47 p.m. CITy SECRETARY ~V~nicipal Building December ~, 1974 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 3, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Jester, Council Members Kibler and King; City Manager, Assistant City Manager, Assistant City Attorney and Acting City Secretary. ABSENT: Mayor Neu, and Council Member Nelson 1. Motion was made by Kibler, seconded by King that the minutes of the regular meeting of November 19, 1974 be approved. Motion carried. 2. BIDS: (A) #8204 Polymer Motion was made by Kibler, seconded by King that the bid be awarded to Calgon Corporation in quantity purchases and amounts as follows: 1~5 drums per shipment ............... $166.50 per drum 6~10 drums per shipment .............. $162.00 per drum 11 & up per shipment ................. $157.50 per drum Motion carried. (B) #8203 Roof Repairs Motion was made by King, seconded by Kibter that the bid be awarded to Bell Roofing and Sheet Metal Company at a low bid of $1,650. Motion carried. 3. P~EFERRALS: (A) Motion was made by Kibler, seconded by King that Z-1246, the petition of Mr. Miller Davidge, requesting that the zoning classification at 1311 and 1317 Ector Street be changed from the Single Family (SF~10) classification to the General Retail (GR) classification. This property is further described as being located on the south~mst corner of University Drive and Ector Street. The City tax records designate this property as City Block No. 4039, Lot Nos. 1 and 2, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1244, the petition of ~. Frank N. Hall, requesting that the zoning classification of the 2400~2500 block of Hinkle be changed from the Single'Family (SF-10) to the Planned Development (PD) classification. ~is property is further described as being approximately 28 acres located on the southeast corner of Headlee and Hinkle Streets. The City tax records designate this property as City Block No. 444, Lot No. 6 After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Kibler, seconded by King that the petition be approved. Motion carried. (B) A public hearing was held on Z-1245, the petition of Mr. John O. Duncan, requesting that the zoning classification at the 3500 block of E. University Drive be changed from the Agricultural (A) to the Commercial (C) classification. This property is further described as ~eing approximately 3/4 acre located on the southwest corner of E. University and Mayhill Road. The City tax records designate this property as City Block No. 187-3, a portion of Tract No. 1. After hearing 1 proponent and none in opposition, and a report of approval by the Planning and Zoning Commission, motion was made by King, seconded by Kibler that ~the petition be approved. Motion carried. December 3, 1974 Continued 5. The Council considered an ordinance amending the health code and ordinances of the City of Denton. The City Manager reco~nended that a study session be held on this ordinance due to its length. Motion was made by Kibler, seconded by King that the City Manager arrange a joint meeting between the Council and the City-County Health Unit. Motion carried. 6. The Council heard a report on the status of Blount-Industrial Street Project. The Manager stated that the staff had negotiated a sale on several pieces of property for right of way, but that it was not ready for signatures, adding that all but 3 or 4 pieces of property had been negotiated, and that the City would be in a position to sign a contract by the next Council meeting. The Council discussed recommendations concerning extension of a contract for chemical supplies and consulting services for using sewage effluent at the Steam Plant for a 1 year period. The Manager stated that the City and the Chemical Co~pany~who is the reco~nended supplier, have the right to re-negotiate the contract. Motion was made by Kibler, seconded by King that the present contract be continued to United Chemical Company at same price as existing contract. 3~tion carried. 8. The Council considered approval of purchase orders and vouchers in excess of $1,000. Motion was made by Kibler, seconded by King that the following vouchers and purchase orders be approved for payment: PURCHASE ORDER Joe C~bler Service Co~pany .................... $1,516.86 VOUCHERS Ernst & Ernst ................................. $8,350.00 Commercial Body Corporation ................... $4,300.00 Ben Ivey Oil Company .......................... $2,972.06 Texas Surplus Property Agency ................. $2,401.58 (The net amount to be paid on the voucher to Texas Surplus by the City of Denton is $88.66. The remainder is to be paid by the County of Denton and other Denton County Towns.) Motion carried. 9. The Council considered a proposed contract with American LaFrance for fire apparatus preventive maintenance service. The Manager recommended that the City enter a trial contract for 1 year at a cost of $21.50 per hour plus 20~ per mile for the specialist who must travel from his company headquarters. It was estimated that 2 days at most will take care of the 4 engines and 1 snorkel. Motion was made by King, seconded by Kibler that the contract be approved. Motion carried. I0. The Council adjourned into Executive Session at 7:40 p.m. and returned to p~lic session at 9:58 p.m. to report that no official action was taken. Meeting adjourned at 10:00 p.m. ~ ~ C I~YZSECRETARY ~kmicipal Building December 17, 1974 Regular meeting of the City Co~mcil, City of Denton, Texas, Tuesday, December 17, 1974, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESE~r: Mayor Neu, Mayor Pro Tern Jester, Council Members Nelson, Kibler and King; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary. 1. Motion was made by Kibler, seconded by King that the minutes of the regular meeting of December 3, 1974 be approved. Motion carried. 2. BIDS: (A) #8212 Self Priming Sewage Pump Motion was made by Nelson, seconded by Jester that the bid be awarded to the low bidder, Bowles & Eden Supply of Dallas, at a price of $5,956.46. Motion carried. (B) #64-8196 Tension Puller Motion was made by Nelson, seconded by Kibler that item 1 be awarded to Gooch Research and Development Corp., of Fort Worth, the lowest and best bidder meeting specifications, at a net price of $10,025. Motion carried. 3. REFERRAL: (A) S-96, the petition of Mr. Michael W. George, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at 911-A Avenue C. This property is further described as being located in the Carriage Square Shopping Center. City Tax records designate this property as City Block No. 378. Motion was made by Jester, seconded by King that the petition be referred to the Planning & Zoning Commission for its recommendation. Motion carried. 4. The Mayor commended ~ad Martin for being grand prize winner of the Denton Police Department Safety Poster Contest. The Mayor also presented Brad an outstanding achievement certificate. 5. The Council considered the appeal of William P. Philips, Jr. that was denied by the Planning and Zoning Commission to quit claim a portion of a utility easement at 2200 Sm~thridge. During a lengthy discussion, the Council was advised that the City Staff recommended denial, ~e Utilities Department felt that the proposed encroachment would make the easement unuseable, the Community Development Department opposed any vacating of an easement needed for public services, the Utilities Board firmly opposed such a compromise and the Planning and Zoning Commission on two occasions denied the request by a unanimous vote. Motion was made by Nelson, seconded by Jester that the appeal be tabled. Motion carried. 6. The following Resolutions were presented: (A) AT A REGULARMKETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THEMUNICIPAL BUILDING OF SAID CITY ONTHE 17TH DAY OF DECF~ER, A.D. 1974 December 17, 1974 Continued RESOLUTION WHEREAS, on the 30th day of November, 1974, the President declared a "major disaster" in the State of Texas under the provisions of Public Law 288, 93rd Congress, and ~qEP~EAS, the City of Denton, is a public entity within said State; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Denton that the Federal Disaster Assistance Administration be and hereby is requested to arrange to have the appropriate Federal Agency perform the following work: open, clean and repair existing drainage facilities; open, clean and repair existing sanitary sewage facilities; open, clean and repair existing water mains; repair and maintain resulting damage to streets; effect debris clearance of various public facilities; and repair, reconstruct and replace damaged electrical distri- bution facilities and miscellaneous public works facilities. This body certifies that, to the best of its knowledge and belief, the requested work is ~ligible under Public Law 288, 93rd Congress, and agrees to (a) provide without cost to the United States all lands, easements, and right-of-way necessary for accomplishment of the approved work~ and (b) hold and save the United States free from damages due to the approved work and with respect to debris remoyal shall indemnify the Federal Government against any claim arising from such removal. PASSED AND APPROVED this the 17th day of December, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, T~XAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /$/ W. P~LPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 17TH DAY OF DECEMBER, A.D. 1974. RESOLUTION ~H~REAS, under the Home Rule Charter of the City of Denton, Texas, the City Council as the governing body of said City is vested with and may exercise all powers granted a home rule city by the Constitition of the State of Texas, as well as all power of local self-government not prohibited by the Constitution or laws of the State of Texas; and 294 December 17, 1974 Continued WHEREAS, this governing body is of the opinion said City and the other participants in the Texas Municipal Power Pool can effect investment and operating economies by pooling the use of reserve electric capacity in their respective systems and by joint development and/or construction and/or ownership and/or operation of electrical generating and transmission facilities, and fuel supplies for these facilities, which would generate and transmit electricity for their systems; that a non-membership non-profit corporation should be formed to assist the Pool in accomplishing these goals; that the providing of such services, facilities and fuel would be to the best interest of the City and its inhabitants; and that a non-membership, non-profit corporation organized for the aforementioned purposes would be in the interest of the general public, would promote social welfare and would serve a public purpose. NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. Messrs. Ross A Segrest, Paul R. Cunningham and J. Rodney Lee are hereby requested to form and create a non-membership, non-profit corporation under the Texas Non-Profit Corporation Act to be known as the "Texas Municipal Power Pool, Inc.", in order that such corporation may assist the Texas Municipal Power Pool and its participants in effecting investment and operating economies by pooling the use of reserve electric capacity in their respective systems and by joint development and/or construction and/or ownership and/or operation of electrical generating and transmission facilities, and fuel supplies for these facilities, which will generate and trm~smit electricity for these systems. SECTION II. The non-membership, non-profit corporation, when formed, shall not be entitled to receive any funds of the City raised or to be raised by taxation, nor shall such corporation receive any o~er revenues from any presently existing sources of the City. Provided, however, the City, either directly or indirectly, may purchase goods, including electricity, and services from the non-profit corporation. PASSED AND APPROVED this the 17th day of December, A.D. 1974. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FO~M: /s/ W. RALPH MANN, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", King voted "aye", Jester voted "aye" m~d Neu voted "aye". Motion carried. December 17, 1974 Continued 7. Consulting Engineers: (A) The Council considered approval of employment of consulting engineers. Following a briefing by the City Manager, who recommended approval, and a report that the Utilities Board had approved, motion was made by Nelson, seconded by King that the City employ Freese and Nichols of Fort Worth, water and sewer engineers, and that the M~yor be authorized to sign the contracts. Motion carried. (B) Following a briefing by the City Manager and the Director of Utilities recommending approval and a recommendation of approval by the Utilities Board, motion was made by King, seconded by Nelson that the City employ Black & Veatch, electrical engineers, and that the Mayor be authorized to sign the contracts. Motion carried. 8. Motion was made by Kibler, seconded by Jester that the Tax Adjustment Report for December, 1974 in the amount of $2,231.67 and the Supplement Tax Roll for December, 1974 in the amount of $697.00 be approved. Motion carried. 9. Motion was made by Jester, seconded by Kibler that the following Purchase Orders and Vouchers in excess of $1,000 be approved for payment: PURCHASE ORDERS Lee Jarmon Ford $2,359.31 Trans-Tex Supply $1,561.75 VOUCHERS ~ U.S. Post Office $2,000.00 North Central Texas Council of Governments $1,500.00 Ben Ivey Oil Company $4,36?.06 Westinghouse Corp. $1,048.00 U. S. Postmaster $1,000.00 Puritan Chemical Company $1,009.46 U. S. Postmaster $1,000.00 Motion carried. 10. Councilman Nelson indicated concern relative to whether or not maps had been supplied to Fire and Police Departments to reflect the recently annexed areas of the City. The City Manager stated that the matter would be worked out in the best possible manner. 11. The Council adjourned into Executive session at 9:1S p.m. and returned to public session at 10:S0 p.m. to report that no official action had been taken. Meeting adjourned at 10:SS p.m. MAYOR 29(; Municipal Building Jaz~uary 7, 1975 Regular meeting of the City Covz~cil, City of Denton, Texas, Tuesday, January 7, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Kibler and Nelson; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary~ 1. Motion was made by King, seconded by Nelson that the minutes of the regular meeting of December 17, 1974 be approved. Motion carried. 2. BIDS: (A) #8215 Hydraulic Lift Motion was made by Nelson, seconded by Kibler that the bid be awarded to the lowest bidder meeting specifications, Chenco Supply, in the amount of $1,467.30. Motion carried. (B) #8215 Stock Trailer Motion was made by Jester, seconded by Kibler that the bid be awarded to the low bidder, Pat LeBeau, W. W. Trailer Sales, in the amount of $1,069. Motion carried. 3. RBFBRRAL: Motion was 'made by Kibler, seconded by Nelson that the following petition be referred to the Plarming and Zoning Commission for its recommendation: (A) $,-45, the request of the Department of Community Development that the specific use permit for the operation of a licensed private club at 1502 W. Hickory be revoked. THis property is further described as being located on the northwest corner of Avenue B and W. Hickory Street. City tax records designate this property as City Block No. 386, Lot Nos. 15 and 16. Motion carried. 4. PUBLIC HEARING: (A) A public hearing was held on S-96, the petition of Mr. Michael W. G~orge, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district at 911-A Avenue C. This property is further described as being located in the Carriage Square Shopping Center. City tax records designate this as City Block No. 378. After hearing 1 proponent and none in opposition and a report of reconrnendation of approval by the Planning and Zoning Commission, motion was made by Nelson, seconded by Jester that the petition be approved with the following conditions: (1) That the specific use permit be issued to Bahrain Moazzami and that same be non-transferable. (2) That the specific use permit not take effect until completion of acquisition of ownership of Milano's Restaurant. (3) That immediately' upon the acquisition of ownership, Specific Use Permit S-86 be cancelled. (4) That the pet~tioner comply with all State liquor license require- ments~ pe~ta~' to the transfer of ownership. (5) That the petitioner comply with all codes and ordinances of the City of Denton. Motion carried 4 to 1. January 7, 1975 Continued 5. The Manager suggested that a proposed ordinance requiring the fencing of junk, salvage and automotive wrecking yards not be considered until the Council had the opportunity to study the ordinance in detail. The Council concurred. 6. The following Resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF JANUARY, A.D. 1975. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Jack Owen, Assistant City Manager of the City of Denton, Texas is hereby authorized to execute for and in behalf of the City of Denton, Texas, a public entity established under the laws of the State of Texas, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 606, 91st Congress). PASSED AND APPROVED this the 7th day of January, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS At)PROVED AS TO LEGAL FORM: /s/ JOHN K. NARSUTIS, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Nelson voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF JANUARY, A.D. 11975. RESOLUTION WHEREAS, the proper installation and maintenance of railroad grade cross- ings is a matter of public concern; and WHEREAS, the opportunity to participate with the State of Texas in the improvement of the Sycamore Street crossing is now available through the City- County Railroad Grade Crossing Protection Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTON, TEXAS: That the City of Denton execute a certification statement to the Texas State Highway Department and enter into a contract for the purposes herein expressed and obligate itself in the full amount of Three Thousand Two Hundred and No/100 ($3,200.00) Dollars for the improvement of the Sycamore Street Railroad Grade Crossing. January 7, 1975 Continued PASSED AND APPROVED this the 7th day of January, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JOHN K. NARSUTIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (C) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF JANUARY, A.D. 1975. RE SO L UT I ON WHEREAS, it is necessary for the City of Denton to obtain pemission from the Texas and Pacific Railroad Company to occupy and use premises owned and controlled by the Texas and Pacific Railroad Company; and WHEREAS, a Wire Line License is necessary to accomplish the use required by the City of Denton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That it enter into a Wire Line License with the Texas and Pacific Rail- Road allowing the City of Denton to place a 69 KV and 13/2 KV electric power line at Daugherty Street, Mile Post 210, Denton, Texas. PASSED AND APPROVED this the 7th day of January, A.D. 197S. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JOHN K. NARSUTIS, ASSISTANT CITY ATr0RNEY CITY OF DENTON, TEXAS Motion was made by Kibler, seconded by Jester that the Resolution be passed. On roll call vote Nelson voted "aye", Kibler voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. January 7, 1975 Continued 7. The Council considered prohibiting parking from 8 a.m. to 5 p.m. on the north side of Sycamore between Avenue D and Avenue E. The Director of Community Development stated that the street was very narrow and the commuter buses at NorthTexas State University had safety problems, adding that the Citizens Traffic Safety Commission had recommended removal of parking. Motion was made by Jester, seconded by King that parking on the north side of Sycamore between Avenue D and Avenue E be prohibited from 8 a.m. to 5 p.m. ~otion carried. 8. The Council considered a staff report on drainage problems at Highway 377 at the railroad underpass. The Director of Community Development presented alternate plans for solving the problem. Motion was made by Jester, seconded by Kibler that alternate plan #2 be approved and that the City contact the o~ner of the property relativ~ to re-cut of a channel that existed across the property. ~otion carried. 9. The Director of Comm~mity Development handed Council Members the report of the 1974 Neighborhood Meeting Series and reviewed an opinion questionaire survey. He also suggested that a public hearing be called for February 4, 1975 on t~e 1974 Denton Comprehensive Plan. Motion was made byJester, seconded by King that a public hearing be called for February 4, 1975 at 7 p.m. Motion carried. 10. Motion was made by Nelson, seconded by King that the following vouchers and purchase orders in excess of $1,000 be approved for payment: VOUCHERS: U. S. Postmaster $2,000.00 U. S. Postmaster 1,000.00 U. S. Postmaster 2,000.00 Terrill Wheeler Printing Co. 3,400.00 North Central Texas Council of Govts. 1,740.00 Texas Municipal League 1,025.00 PURCHASE ORDERS: Microcard Editions $2,560.00 Nelson Electric 1,274.00 Ben IveF Oil Company 5,944.12 Motion carried. 11. In accepting the resignation from Mr. N. J. Stabile from the Planning and Zoning Commission, the Mayor publicly thanked Mr. Stabile for his service to the City. The Council concurred. 12. Mayor Pro Tem Jester, Chairman of the Nominating Committee, recommended that Steve Selby be appointed a member of the Civil Service Commission and George Becket be appointed to the Plumbing and Mechanical Board. Motion was made by Jester, seconded by Kibler that the recommendations be accepted. Motion carried. 13. The City Manager briefed t~e Council relative to a Phase II contract with the Civil Service Commission for a personnel study, stating that the price would be $5,350. Motion w~s made by Nelson, seconded by Jester that a contract wit~ the Civil Service Commission in the amount of $~,350 be approved and the Mayor be authorized to sign. Motion carried. January 7, 1975 Continued 14. The Council adjourned into Executive Session at 8:20 p.m. 15. The Council reconvened into public session at 11:00 p.m. and the following Resolution was presented: (A) AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ONTH~ 7TH DAY OF JANUARY, A.D. 1975. R E S 0 L U T I O N WHEREAS, it is a public necessity to obtain certain properties for street improvements and capital improvements in the City of Denton; and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of One Hundred Eighty Three Thousand One Hundred Forty and 05/100 Dollars ($183,140.05) costs of closing included; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: THAT money be expmtded from the Street Improvement Bond Fund to U. S. Life and Title Company in the total amount of One Hundred Fifty One Thousand Six Hundred Twenty-Seven Dollars ($151,627.00), and that Thirty-One Thousand Five Hundred Thirteen and 05/100C Dollars $31,513.05) be expended from the Electric Bond Fund to Plano Title Cor~>any for the properties more particularly described in the addendum affixed hereto. PASSED AND APPROVED this the 7th day of January, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY ~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JOHN K. NARSUTIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS: U. S. Life & Title Company: William B. King 208 West McKinney Appraised $10,344.00 Closing Costs 144.00 $10,488.00 Walter D. Parks, Jr. 723 Wainwright Appraised $ 2,265.00 Closing Costs 84.00 $ 2,349.00 January 7, 1975 Continued Ina Kimbrell 341 East Sycamore $12,500.00 Appraised 156.00 $12,656.00 Billy Ray McKee, 337 East Sycan~re et al Appraised $11,625.00 Closing Costs 155.00 $11,780.00 W. A. Calvert Lot 13 Faught Addition Appraised $ 6,000.00 Closing Costs 122.00 $6,122.00 Ernest M. Porter, 222 Bolivar et ux Appraised $19,900.00 Closing Costs 182.00 $20,082.00 Bradford Gibson McKinney Street Appraisal & Costs $47,500.00 $47,500.00 COUNTY CLERK'S OFFICE FOR EMINENTDOMAIN AWARDS: Albert Leo Champio~;)J~ ' 801 Wainwright $ 7,900.00 Claude Miller, et ux 807 Wainwright $10,250.00 Johnnie Lee Franklin 205 East Mill $14,500.00 Johnnie Lee Franklin, et al 809 Wainwright $ 8,000.00 2. ELECTRIC BOND FUND: Plano Title Company: R. M. Evers & James Sub-Station Site hmsford, Trustee North Locust & t~rcules Appraisal $31,500.00 Closing Costs 13.05 $31,513.05 Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Nelson voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 11:10 p.m. ~Vmunic ipal Building Ja~uary 8, 1975 Emergency public necessity meeting of the City Council January 8, 1975 at 12:05 p.m. in the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members King and Nelson; City Secretary ABSENT: Council Member Kibler 1. Motion was made by Jester, seconded by King that Paul Isham, Denton Attorney, be employed as City Attorney of the City of Denton effective January 13, 1975. Motion carried unanimously. Meeting adjourned at 12:10 p..m. CITY SECRETARY Municipal Building January 21, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 21, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members Kibler, King and Nelson; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of January 7, 1975 and the emergency meeting of January 8, 1975 be approved. Motion carried. 2. BIDS: (A) #8210 Cars & Pickups Following a briefing by the City Manager, motion was made by King, seconded by Jester that the bid be awarded as follows: Item #l-Police Cars-10 Units to Chester Morris Chrysler-Plymouth, the low bidder as follows: (a) six units with four barrel carburetor, dual exhaust with roof wiring--S4,336.95 each for a total of $26,021.70. (b) three units with four barrel carburetor, dual exhaust with right and left.hand spotlight-~$4,401.80 each for a total of $13,205.40. (c) one unit with four barrel carburetor, dual exhaust with left hand spotlight only~-$4,366.80. Item #2-Staff Car-1 Unit to Chester Morris Chrysler-Plymouth, low bidder in the amount of $3,768.34. Item #3-1/2 Ton Pickup-One Unit to the low bidder, Banner Chevrolet in the amount of $3,089.06. Item #4--1/2 Ton Pickup-4 Units to the low bidder, Banner Chevrolet in the amount of $3,332.14 each for a total of $13,328.56. Motion carried. (B) #8214 Utility Bills Motion was made by Jester, seconded by Kibler that the bid be awarded to Moore Business Forms, Inc. at a price of $37.14 per thousand for a total of 250,000 bills, making a total price of $9,285.00. Motion carried. (C) #8220 750 M.C.M. AC Cable Motion was made by Kibler, seconded by King that the bid be awarded to Wesco of Fort Worth for 3 x 1000' cable at a total amount of $5,445. Motion carried. 3. The following Ordinances were presented: (A) ORDINANCE NO. 7S-1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDER- ING AN ELECTION TO BE HELD ON THE.[1ST DAY OF APRIL, A.D., 1975, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FOR ~HE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH TH~ PROVISIONS OF ARTICLE January 21, 1975 Continued 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ki~bler, seconded by Jester that the Ordinance be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 75-2 AN ORDINANCE REMOVING PARKING ON THE NORTH SIDE OF SYCAMORE STREET BETWEEN AVENUE D AND AVENUE E; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by Kibler that the Ordinance be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 4. The following Resolutions were presented: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF JANUARY, A.D. 1975. RESOLUTION WHEREAS, the City of Denton has been compensated by Employers Casualty Company on behalf of Farrow Company, Incorporated for danmge done to its water pumps, pumping equipment and machinery; and 1~tdEREAS, Employers Casualty Company and Farrow Company, Inc. pursued reimbursement of the monies they paid to City of Denton from their pipe supplier, American Metal Fabricating, Inc.; and WHEREAS, the claim of Farrow against American Metal Fabricating, Inc. has been settled and they desire a release from City of Denton; and WHEREAS, the City of Denton does hereby release, surrender and forever give up unto American Metal Fabricating, Inc., its successors and assigns, any and all claims, right or cause of action which it has or may have arising out of or in any way connected with damage done to its equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton releases its claims against American Metal Fabricating, Inc. arising out of said contract in favor of Farrow Conpany, Incorporated and that any rights arising from harm done to the City of Denton in connection therewith. PASSED AND APPROVED this the 21st day of January, A.D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS January 21, 1975 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Nelson that the Resolution be passed. On roll call vote Kibler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carired. (B) AT A REGULAR MEETING OF THB CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF ~AID CITY ON TH~ 21ST DAY OF JANUARY, A.D. 1975. RESOLUTION WHEREAS, THE Housing and Community Development Act of 1974 was signed into law on August 22, 1974; and WHEP~S, the act provides one hundred percent (100%) Federal share block grant funds for co~nunity development projects; and WHEREAS, sections of the City of Denton have urgent community development needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton intends to apply for funding under the Community Development Act. PASSED AND APPROVED this the 21st Day of January, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by Jester that the Resolution be passed. On roll call vote Kibler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (C) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF JANUARY, A.D. 1975. RESOLUTION WHEREAS, the City of Denton intends to file an application for block grant funds under Title I of the Community Development Act of 1974; and WHEREAS, it is now considered necessary to incur certain costs in the planning and preparation of the said application. January 21, 1975 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AS FOLLOWS: SECTION I. The incurrence of necessary costs for the planning and preparation of said application is hereby authorized. SECTION II. It is specifically recognized and understood that reimbursement for such incurred costs is dependent upon the appropriation and availability of funds under Title I of the said Community Development Act of 1974, and also the timely submission of the said application in accordance with Section 570.303 of Title 24 of the Code of ~ederal Regulations. SECTION III. It is specifically recognized and understood that the costs incurred as described in this resolution shall not exceed ten percent of the applicant's entitlement amount under the said Title I, and all of such costs will be fully documented in the applicant's files. SECTION IV. This resolution shall take effect immediately. PASSED AND APPROVED this the 21st day of January, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (D) RESOLUTION WHEREAS, an Application for Federal Assistance dated November 6, 1974 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at Denton Municipal Airport; WHEREAS, the FAA has issued a Grant offer which, if duly accepted, provides a commitment of $18,679.00 in federal funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas (termed "Sponsor" herein) to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED that Sponsor does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the City Manager (Title) is hereby authorized and directed to execute the Grant Offer on behalf of Sponsor. PASSED, ADOPTED, AND EFFECTIVE THIS 21st day of January, 1975 January 21, 1975 Continued CERTIFICATION I do hereby certify that the foregoing is a true and correct copy of a resolution duly passed and adopted by Sponsor's Governing Body. /s/ (Signature) January 22, 1975 ~' (Date of Certificate) Brooks Holt, City Secretary (Printed/Typed Name and Title) APPROVED AS TO LEGAL FORM: /s/ PAUL ISHAM, CITY ATTORNEY Motion was made by Jester, seconded by Nelson that the Resolution be passed and the City Manage~r be aF~horized~to sign same. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 5. Motion was made by Nelson, seconded by Kibler that King Cole be appointed Assistant City Secretary. Motion carried. 6. Motion was made by Nelson, seconded by Jester that the following vouchers and purchase orders be approved for payment: PURCHASE ORDERS Priester Supply Co~rpany $3,649.80 Sam Laney Firestone Tires, Inc. 1,066.62 VOUCHERS U. S. Postmaster $2,000.00 U. S. Postmaster 2,000.00 Shaw Equipment Company 1,663.32 Darr Equipment Company 2,822.40 Earl Coleman 6,280.00 Ben Ivey Oil Company 4,?68.40 Motion carried. ?. Motion was made by King, seconded by Nelson that the Tax Adjustment Report for January, 197S in the amount of $1,015.07 and the Supplement Tax Roll for January, 1975 in the amount of $232.90 be approved. Motion carried. 8. The Council adjourned into Executive Session at 8:S5 p.m. and reconvened into public session at 9:20 p.m. 9. Motion was made by Jester, seconded by King to extend the employment of Lain Grissom, now past 65, for a period of one year in the Water and Sewer Department. Motion carried. 10. Motion was made by Nelson, seconded by King that Tim Banks, local attorney, be appointed Municipal Judge for the City of Denton. Motion carried. Sleeting adjourned at 9:25 p.m. C I ~Y '~ECRETARY Municipal Building February 4, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 4, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tern Jester, Council Members King, Kibler and Nelson, City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by King, seconded by Nelson that the minutes of the regular meeting of January 21, 1975 be approved. Motion carried. 2. BIDS: (A) #8223 Under Frequency Relays Following a briefing by the Director of Utilities, motion was made by Jester, seconded by Kibler that the bid be awarded to l~Tesco of Fort Worth for 8 relays at $443.00 each for a total of $3,544. ~otion carried. (B) $8222 Water Meters for the year Following a briefing by the City Manager, motion was made by King, seconded by Jester that the bid be awarded as follows: Item #1 to Bowles & Edens at $27.65 each Item #2 to Gamon-Calmet at $69.61 each Item #3 to Gamon-Calmet at $140.18 each Item #4 to Gamon~Calmet at $206.51 each Item #5, 6 & 7 to Hersey Products at $739.80 for 3" meters, $1,134.00 for 4" meters and $2,271.60 for 6" meters. Item 8 to Muesco, Inc. at $300.00 each Motion carried. 3. P~EFERRALS: Motion was made by Jester, seconded by Kibler that the following three petitions be referred to the Planning & Zoning Commission for its recommendations: (A) Z-1247, the petition of Mr. Farris Wilson, requesting that the zoning classification at 2308 Denison be changed from the Single Family (SF-7) classification to the mo Family (2F) classification. This property is further described as being located on the southeast corner of Denison and Fain. City tax records designate this property as City Block No. 442, Lot No. 13.1. (B) S-98, the petition of Mr. Tim Harrington, requesting that he be granted a specific use permit for the operation of a licensed private club in a General Retail (GR) district in the 1600 block of Eagle Drive in the University Plaza Shopping Canter. This property is further described as being located on the southeast corner of Avenue C and Eagle Drive. City tax records designate the University Plaza Shopping area as City Block No. 378, Lot No. 1. (C) S-99, the petition of Mr. S~th Watson, requesting that he be granted a specific use permit for the operation of a drive-in restaurant ~n a General Retail (GR) district in the 1700 block of West University Drive. This property is further described as being on the south side of University Drive approximately 240' west of Malone. City tax records designate this property as .City'Block No. 4019-2, Lot No. 19. Motion carried. February 4, 1975 Continued 4. PUBLIC HEARING: (A) A public hearing was held on S~45, the petition of the Community Development Department, requesting that the specific use permit of the operation of a licensed private club at 1502 West Hickory be revoked. This property is further described as being located on the northwest corner of Avenue B and West Hickory Street. City tax records designate this property as City Block No. 386, Lot Nos. 15 and 16. After hearing 1 proponent and no opposition and a report that the Plam~ing and Zoning Commission recommended approval of the petition, motion was made by Jester, seconded by Kibler that the petition to revoke the permit be approved. Motion carried. 5. The following Resolution was presented: AT A REGULAR MBETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION ~ER~S, the Department of Community Development of the City of Denton has prepared a Comprehensive Plan for the City of Denton for the years 1974-1994; and ~ERF~S, the Planning and Zoning Commission of the City of Denton recommends to the City Council that the 1974-1994 Denton Comprehensive Plan be adopted as written by the Community Development Staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The 1974-1994 Denton Comprehensive Plan be adopted as written by the Community Development Staff. PASSED AND APPROVED this the 4th day of February, A.D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. Motion was made by Jester, seconded by Kibter that the following citizens be appointed to Municipal Commissions as follows: Jack Gray--Citizens Traffic Safety Support Commission Bill Allen--Planning and Zoning Commission Grant Jacobson--Civil Service Commission Motion carried. Februa~ 4, 1975 Continued 7. Rev. Raymond Campbell appeared recommending that Councilmen be elected from single districts rather than at large but that the Mayor be elected at large. At the request of the Mayor, the City Attorney explained how such a change could take place, pointing out that the Council could call a Charter Amendment Election or the election could be called by a Citizens petition. The Mayor advised Rev. Canrpbell that the Council would take the matter under advisement and would have a report by the next regular meeting. 8. Council Members concurred that it would be adviseable not to consider approval and acceptance of the annual audit by Ernst & Ernst since more time was needed for study. 9. Following a briefing by the City Manager, motion was made by Kibler, seconded by King to authorize final payment of $14,675 to Austin Building Company for general construction of the Unit #5 addition to the Steam Power PLant. Motion carried. 10. The Council considered the request of the Texas Title Company for a quit claim of certain easements acquired with the purchase of distribution facilities from Texas Power and Light Company since these easements are no longer needed. Council Member Nelson raised some questions relative to the matter and the Mayor suggested that a decision be tabled until the next regular meeting. The Council concurred. 11. Motion was made by King, seconded by Jester that a purchase order to Mechanical Southwest, Inc. of Dallas for two Falk gear reducers in the amount of $4,498 be approved for payment. Motion carried, 12. Following a briefing by the City Manager, motion was made by Jester, seconded by King that the purchase request to General Electric Company for spare ~arts forunit #5 at the Steam Plant be approved for payment in the amount of 21,390.51. Motion carried. 13. Motion was made by Nelson, seconded by Kibler that the following vouchers and purchase orders in excess of $1,000 be approved for payment: VOUCHERS Denton Machine & Welding $1,897.20 Jagoe Public Company 2,550.75 Gulf Oil Company 8,136.00 PURCHASE ORDERS Lee Jarmon Ford, Inc. $1,449.10 Motion carried. 14. The following Resolutions were presented: (A) AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION WHEREAS, an application for state assistance dated November 6, 1974 has been submitted to the Texas Aeronautics Commission requesting state participation in the cost of certain improvements at Denton Municipal Airport; and February 4, 1975 Continued WHEREAS, the Texas Aeronautics Co~ission has issued a grant offer which, if duly accepted, provides a committment of Three Thousand Four Hundred Fifty Dollars ($3,450.00) in state funds for developments specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas, to accept this grant offer; and ;~RF~S, the Department of Transportation, Federal Aviation Administration has issued a grant offer for federal participation in the cost of certain i~rove- ments at Denton ~V~nicipal Airport; and WHEREAS, the City of Denton, Texas, has accepted that grant offer and entered into a grant agreement with the Department of Transportation, Federal Aviation Administration, and that said agreement is attached to this resolution and made a part hereof; (SEE NOTE BELO~W) NOW, THEREFORE, BE IT P~ESOLV~ BY ~ COUNCIL OF TH~ CITY OF DENTON, T~XAS, THAT: The City of Denton does hereby accept the provisions of said grant offer from the Texas Aeronautics Con~nission, and, to evidence this acceptance, the City Manager of the City of Denton, Texas, is hereby authorized and directed to execute the grant offer on behalf of the City of Denton. PASSED AND ~PPRO~FED this the 4th day of February, A. D. 1975. /s/ BILL N~U, ~JAYOR CITY OF DENTON, T~XAS A~TEST: /s/ N~-~rant A~r~ement referr?d to BROOKS HOLT, CITY SECP~ET~d~Y in ~ara~r~h #5 is f~l~8 ~n ~l~et CITY OF DENTON, TF~S N~er ~737. and ~s at~ached_t0 this Resolution. APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A~ORN~Y CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR F~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN T~ ~h4UNICIPAL BUILDING OF SAID CITY ON T)~ 4TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION I~EREAS, the City of Denton has received a grant offer from the Department of Transportation, Federal Aviation Administration (FAA) for federal participation in the cost of certain improvements at Denton ~Emicipal Airport; and ~HEREAS, the City of Denton has accepted the grant offer from FA~ and has entered into a grant agreement; and ~P~EAS, the City of Denton solicited bids for the construction of said improve- ments at the Denton Municipal Airport; and ;F~ER~S, it is determined that Metroplex Industrial Constructors, Inc., of Fort Worth, Texas should be awarded the bid for the construction of the improvements at the Denton~kmicipal Airport; February 4, 1975 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The construction of improvements at the Denton Municipal Airport be awarded to Metroplex Industrial Constructors, Inc., of Fort Worth, Texas, and that the City Manager of the City of Denton be authorized to enter into and sign the contract with Metroplex Industrial Constructors, Inc, for said inrprovements. PASSED AND APPROVED this 4th day of February, A.D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" ~d Neu voted "aye". Motion carried. 15. The Council adjourned into Executive Session at 8:12 p.m. 16. The Council reconvened into Public Session at 8:40 p.m. to announce that no decision had been Meeting adjourned at 8:43 p.m. MAYOR CITY SECRETARY Municipal Building February 18, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 18, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESTO: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Nelson and Kibler; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of February 4, 1975 be approved. ~4otion carried. 2. Mayor Neu, in behalf of the Council, presented retirement plaques to George W. Bush, who retired after 47 years of service in the Water and Sewer Department and to Carlos W. Anthony who retired from the Electric Production Department after 20 years of service. Carl Castleberry, who retired after 28 years as a Police Officer, was not present because of a serious illness. 3. (A) Tom Hall, representing the Credo Choir of the First United Methodist Church, requested permission to paint house numbers on curbs of City streets the first 2 weeks in April. (B) Cecil Durham, an officer in the Amigos de las Americas of Denton, also requested permission to paint house numbers on curbs. Motion was made by Jester, seconded by King to approve both requests and that the appropriate permits be issued. Motion carried. 4. Dr. J. C. Matthews, President of t~e Denton County Bicentennial Commission, requested that the following Resolution be presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF~FFON, TEXAS, HELD IN ~-~ MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION ~qEKEAS, it is the desire of the City of Denton to participate in the celebration of this Nation's Bicentennial Anniversary; and WHERF~&S, participation wit~ the Denton County Bicentennial Co~nission appears to present the greatest opportunity for a meaningful observance of the Bicentennial; NOW, THEREFORE, BE~ IT P~ESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, THAT: It join the Denton County Bicentennial Commission in the observance of the historic 200th anniversary of the United States of America and the City of Denton pledges to lend its support in the furtherance of this Bicentennial Celebration. PASSED AND APPROVED this the 18th day of February, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS A~FEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF D~NTON, TF~S Motion was made by Nelson, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. February 18, 1975 Continued 5. The City Attorney rew~ewed requirements necessary to call an election to amend the City Charter. 6. Curtis Bagley spoke in behalf of Citizens for Responsive City Government relative to a Charter revision~ which proposes that City Council seats be filled in an election by place rather than at large, and should a vacancy occur on the Council it would be filled through a special election unless the remainder of the vacated term is less than 6 months. Mr. Bagleypresented a petition containing 850 signa~es and indicated concern that the number of registered voters in the corporate limits had not been determined. A representative of the League of Women Voters, Sue Smith, voiced support of the citizens group. Keith Shelton asked that an election to consider the two requested amendments be called for April 1, since time requirements for a petition with adequate number of names would make the petition process impossible. Mayor Pro Tem Jester stated that he would make a motion to appoint a Charter Revision Committee at the first meeting of the new Council after the April 1 election. Reverend Raymond Campbell, a resident of southeast Denton, stated that if a revision committee is formed at least 1/3 of its members should be from southeast Denton. He added that the present at large system and the by place system does not transcend racial barriers. He added that his group might need to utilize the courts for a decision. No official action was taken. 7. BIDS: (A) #821~ Employee Hospitalization Insurance The matter of a contract for hospital insurance was brought before the Council. The Manager briefed the Council relative to costs, pointing out that increased benefits ~ould go into effect under the best proposal submitted without cost increase. Motion was made by Nelson, seconded by King that the matter be tabled for further study until the next regular meeting. Motion carried. (B) #8224 Transformers and Circuit Breakers Motion was made by King, seconded by Nelson that the bid be awarded to the low bidder, Wesco at a bid of $119,936, with a 48 week delivery, and that all bids on the 69 KV circuit breaker be rejected. Motion carried. (C) #8226 Cement L~e and Road Material Following a briefing 'by the Assistant City Manager, motion was made by Jester, seconded by King that the bid be awarded as follows: Items 1 & 2 Gene Gohlke Building Products Item 3 Gene Gohlke Building Products for small quantity local pick up - Texas Lime for large quantity single shipment. Item 4 Gene Gohlke Building Products Item 5 Texas Industries Item 6 Round Rock Lime Item 7 Gene Gohlke Building Products Item 8 Texas Industries in smaller quantities FOB TXI Denton Plant and Gi£ford Hill in large truck load quantities Item 8A Davis Sand and Gravel Item 9 & 10 Texas Industries in smaller quantities FOB TXI Denton Plant and Gifford Hill in large truck load quantities February 18, 1975 Continued Item 11 Vulcan Materials Items 12 & 13 Boyd Excavation Items 14, 15 & 16 Wright Asphalt Item 17 No bids received Item 18 Wright Asphalt Items 19 & 20 Gifford Hill Item 21 Vulcan Materials Item 22 Trinity Division General Portland Items 23,24,25 & 26 Vulcan Materials Items 27 & 28 Ail bids rejected Motion carried. 8. Motion was made by Jester, seconded by Kibler that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1248, the petition of Mr. David L. Gleeson, requesting that an 83.8 acre tract of land be considered for annexation and Single Family (SF-10), Two Family (2F), Multi-family (MF-1), and General Retail (GR) zoning classificat- ions. The said tract of land is located on the east side of F.M. 2181 at the intersection of F.M. 2181 and Ryan Road. (B) Z-1249, the petition of Mr. Lewis Behringer and Mr. David Goodell requesting that the zoning classification at 503-507 Pearl Street, 311-313 Carroll Boulevard, and 516 West Oak Street be changed from the ~ulti-family (MF-1) to the Office (O) classification. This property is further described as being three lots on the southwest corner of Pearl and Carroll and two lots on the north side of West Oak approximately 400 feet west of Carroll Boulevard. City tax records designate this property as City Block No. 475, Lot Nos. 8, 9, 10.2~ 11 and 12. Motion carried. 9. The Council considered the quit claim request of Mr. and Mrs. Wilburn Pearson on Lot 22, Block 2019 of Southridge Addition. (The easement is on the north side of their lot at 209 Pennsylvania Drive. This easement has no utilities installed in it. The City of Denton has no plans to install any utilities in this easement, and Lone Star Gas Company and General Telephone Company have both said they have no plans to use this easement.) Following a briefing by the Director of Utilities, who stated that the matter had been reviewed by the Planning and Zoning Commission and recommended for approval by the Utilities Board, motion was made by King, seconded by Nelson that the request of Mr. and Mrs. Wilburn Pearson for a quit claim deed be approved. Motion carried. 10. The City Attorney presented a report on the effect of the recent Rail- Road Co~nission order which approved a gas gate rate hike for Lone Star Gas Company. The Director of Utilities stated that the ruling would involve all cities served by Lone Star Gas Company and would effect considerably the gas rates for homes and businesses and would also cause an increase in electrical rates. The City Attorney stated that the Texas Utility Advisory Council's legal committee offered to represent Texas cities served by Lone Star Gas Company to oppose the rate change at a hearing before the Railroad Commission. The cost to the City would be approximately $200.00. Motion was made by Jester, seconded by Kibler to approve participation with the Texas Utility Council's legal committee for the purpose of contesting the recent order of the Railroad Commission and the request of Lone Star Gas for another gate rate increase. Motion carried. February 18, 1975 Continued 11. Motion was made by Jester, seconded by Kibler that the Tax Adjustment Report for the month of February, 1975 in the amount of $1,251.07 and the Supplemental Tax Roll for February, 1975 in the amount of $19.55 be approved. Motion carried. 12. The Council Considered a purchase order in excess of $1,000 for spare parts for boiler number 5 at the Steam Plant. Motion was made by Jester, seconded by King that the Purchase Order to Combustion Engineering Comp~Lny for spare parts for boiler #5 in the amount of $3,516.19 be approved for payment. Motion carried. 13. Motion was made by Jester, seconded by Kibler that a minute order accepting the audit by Ernst & £rnst for 1974 be approved. Motion carried. 14. Motion was made by Jester, seconded by Kibler that a study session be held Wednesday, March 12, 19~5 to brief land owners on the Bell extension and McKinney street projects. Motion carried. 15. Motion was made by Nelson, seconded by Jester to direct the City Attorney to prepare an ordinance to establish an ~conomic Development Commission composed of not less than 5 members, with the ordinance to include rules and by-laws of the Commission and that the ordinance be formulated and presented to the Council by the next regular meeting. Motion carried. Council member Nelson added that we should desire excellence not just good for the City of Denton and that we were not reaching and searching for its greatest potential, adding that this does not mean just for industries or universities but excellence for the entire community. 16. The Council adjourned into executive session at 9:35 p.m. 17. The Council reconvened into public session at 11:42 p.m. and the following Resolution was presented: AT A REGULARMEETING OF THE CI3~ COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION WHEREAS, heretofore, the City of Denton, Texas, acquired by purchase a certain tract of land described as follows: Ail that certain lot, tract or parcel of land being a part of the S.C. Hiram Survey, sitm~ted in the City and County of Denton, State of Texas, and being particularly described as follows: BEGINNING at the intersection of Wilson and Lakey Streets, on the east side of Lakey Street, and the south side of Wilson Street; THENCE south S2 1/2 feet along Lakey Street for corner; THENCE east 140 feet fbr corner; THENCE north 52 1/2 feet for corner; THENCE west 140 feet along the south side of Wilson Street to the place of beginning, and being the same property conveyed to A. G. Davis and wife, Alice Davis, to G. W. Martin by deed dated January 2, 1924, of record in Volume 185, Page 479 of the Deed Records of Denton County, Texas; and I~ltEREAS, said City of Denton, Texas acquired said land originally for the purpose of streets and rights-of-way in order to use a portion thereof to improve and straighten Wilson Street and Lakey Street in said City of Denton, Texas; but the remainder of said land is not needed by the City of Denton, Texas for public purposes; and February 18, 1975 Continued ~EP~S, thereafter, the City of Denton, Texas had found it necessary and imperative to take a certain tra~t of land belonging to Claude Miller and wife, Leslie W. Miller, located on Wainwright Street, and described as follows: Ail that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being a part of Lot No. Eight (8) in Block "A", of BlountADdition to said City of Denton, as shown on plat of record in Volume 75, Page 54, Deed Records of Denton County, Texas, and being described by metes and bounds as follows: BEGINNING on the west boundary line of said Lot No. Eight (8), in said line 33 feet north of the southwest corner of a lot or parcel of land conveyed by Joe S. Gambill and wife to George Hughley by deed dated January 3, 1911; THENCE north with the west boundary line of said lot 57 feet for corner; THENCE east about 145 feet to the east boundary line of said Lot No. Eight (8)' , THENCE south with the east boundary line thereof, 57 feet for corner, the northeast corner of the George Hughley lot; THENCE west with his north boundary line about 145 feet to the place of beginning. SAV~ AND EXCEPT: Ail that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, in the ~m. Loving Survey, Abstract No. 759, being a part of Lot 8, in Block "A", Blount Addition to City of Denton, Texas, and said Lot 8 being conveyed by Mrs. Cora J. Gross to Claude Miller by deed dated October 26, 1943, and recorded in Volume 304, Page 127 of the Deed R~cords of Denton County Texas, and being more particularly described as follows: BEGINNING at the northwest corner of said Miller Tract, said point of beginning lying in the east right-of-way line of Wainwright Street and being 710.0 feet south of the south right-of-way of Highland Street; THENCE east with the north boundary line of said tract, 8.0 feet to a point for a corner; THENCE south 8.0 feet east of and parallel with the west boundary line 50.0 feet to a point for a corner in the south boundary line; THENCE west, with the south boundary line, 8.0 feet to a point for a corner; THENCE north with the west boundary line of said Miller Tract, 50.0 feet to the place of beginning, and containing 0.009 of an acre of land, more or less; and WHEREAS, the said City of Denton, Texas has filed a Condemnation Suit to acquire said land from said Claude Miller and~ife, Leslie W. Miller, and said cause is pending in the County Court at Law of Denton County, Texas, and the said City of Denton, Texas, acting by and through its City Council has determined that it would be advantageous for said City of Denton, Texas to convey that portion of the tract herein described to said Claude Miller and wi£e, Leslie N. Miller by way of exchange for the land described in said Condemnation Proceeding, and next hereinabove described with the City of Denton, Texas to have a credit amount o£ the market value of the remainder o£ said £irst tract herein described, exclusive of that portion needed by the City of Denton for street purposes ~hich will be needed; and February 18, 1975 Continued WHEREAS, the City of Denton, Texas has obtained an appraisal of that portion of said land proposed to be conveyed to the said Claude Miller and wife, Leslie W..Miller. Said appraisal having been made by Jerry A. Hinsley, competent appraisers residing in the City and County of Denton, State of Texas, who are wholly disinterested in said matter, and said appraisers have approved market value of said land to be the sum of One Thousand Seven Hundred Twenty- Five and No/100 ($1,725.00); a~d ~REAS, the City Council has duly determined that said Appraisal represents the fair market value of said land being conveyed to Claude Miller and wife, Leslie W. Miller, and deems it to be highly advantageous to the City of Denton to sell said property not needed by the City of Denton, Texas, to said Claude Miller and wife, Leslie W. Miller, with the City of Denton, Texas to be entitled to a credit of said amount against and to apply toward the amount of compensation determined to be due the said Claude Miller and wife, Leslie W. Miller by the City of Denton, Texas by Final Judgment of the County Court at Law of Denton County, Texas, or by agreement of the parties. TH~REFOP~, B~ IT RESOLV?aD BY T}~ CITY COUNCIL OF TH~ CITY OF DF3~TON, TEXAS, T~L~T: The Mayor of the City of Denton, Texas be authorized and directed to execute, acknowledge and deliver to Claude Miller and wife, Leslie W. Miller ~ Special Warranty Deed attested by the City Secretary of the City of Denton, Texas, conveying to said Claude Miller and wife, Leslie W. Miller the following described property: Ail that certain lot, tract or parcel of land being a part of the S. C. Hiram Survey, situated in the City and County of Denton, State of Texas, and being particularly described as follows: BEGINNING at the intersection of Wilson and Lakey Streets, on the east side of Lakey Street and the south side of Wilson Street; THENCE south 52 1/2 feet along Lakey Street for corner; THENCE east 140 feet for corner; THENCE north 52 1/2 feet for corner; THENCE west 140 feet along the south side of Wilson Street to the place of beginning, and being the same property conveyed by A. G. Davis and wife, Alice Davis to G. W. Martin by deed dated January 2, 1924 of record in Volume 185, Page 479 of the Deed Records of Denton County, Texas. SAVE AND EXCEPT: ~hat the City of Denton, Texas hereby reserves unto itself, its successors or assigns, the north 2 1/2 feet of said tract, and the west 5.0 feet of said tract, with such property so reserved to be used by the City of Denton, Texas for street purposes. The consideration for the execution, acknowledgment and delivery of said deed is the exchange of property as all or partial consideration to Claude Miller and wife, Leslie W. Miller for land acquired for street right-of-way and now being condemned in the case of the City of Denton, Texas versus Claude Miller and wife, Leslie W. Miller pending in the County Court at Law of Denton County, Texas. Claude Miller and wife, Leslie W. Miller shall pay to the City of Denton, Texas, the sum of One Thousand Seven Hundred Twenty-Five and No/100 ($1,725.00), whether in cash or by way of credit in ~avor of the City of Denton on the amount of the Final Judgment of said Court. PASSED AND APPROVW~D THIS the 18th day of February, A. D. 1975. Is/ BILL NEU, MAYOR CITY OF D~NTON, TF~XAS February 18, 1975 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by King that the Resolution be passed. On roll call vote Kibler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 11:45 p.m. I'~YOR CITY SECRETARY Municipal Building March 4, 1975 Regular meeting of the City Co~mcil, City of Denton, Texas, Tuesday, March 4, 1975 at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tern Jester, Council Members Nelson and King; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Neuland Com~cil Member Kibler. 1. Motion was made by Nelson, seconded by King that the minutes of the regular meeting of February 18~, 1975 be approved. Motion carried. 2. Motion was made by Nelson, seconded by King that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1250, the petition of Mr. Harold Wells, requesting that the zoning classification of a 36 acre tract in the 1000 block of Loop 288 be changed from the Single Family (SF-10) to the Single Family (SF-7) and Multi- family (MF-1) classifications. The said tract of land is located to the south of Audra Lane between Loop 288 and Mayhill Road. City tax records designate this property as City Block No.. 187-3, Lot No. 2. Motion carried. 3. PUBLIC ~ARINGS: (A) A public hearing was held on Z-1247, the petition of Mr. Farris Wilson, requesting that the zoning classification at 2308 Denison be changed from the Single Family (SF-7) classification to the mo Family (2F) classification. This property is further described as being located on the southeast corner of Denison and Fain. City tax records designate this property as City block No. 442, Lot No. 13.1. After hearing 1 prc~onent and none in opposition and a report that the Planning and Zoning Commission recommended approval with no conditions, motion was made by King, seconded by Nelson that the petition be approved. Motion carried. (B) A public hearing was held on S-98, the petition of Mr. Tim Harrington, requesting that he be granted a specific use permit for the operation of a licensed private club in the 1600 block of Eagle Drive in the University Plaza S~opping Center. This property is further described as being located on the southeast corner of Avenue C and Eagle Drive. City tax records designate · the University Plaza ~hopping area as City Block No. 378, Lot No. Motion was made by Nelson, seconded by King that the petition be tabled since no one was present to speak for the petition. Motion carried. (C) A public hearing was held on the acceptance of assessment paving petitions for Spring Valley Drive, Morningside Drive, Moonlight Drive, Twilight Drive, Sena Street between Bradley and Malone, Ruddell Street between East McKir~ney and East Oak, Greenlee Street between Avenue C and Knight, and Ross Street between Bolivar and Carroll. The City~V~nager briefed the Council and informed the interested persons present relative to procedures to follow in an assessment paving program. He stated that the amount of interest to be paid by property owners on a monthly pay basis was not firm. He also reviewed the legal steps necessary in the assessment process, recommending that the Council pass a minute order directing the Staff to proceed with necessary engineering design. ~yor Pro Tem Jester asked for remarks, pro or con from interested persons present. Fourteen persons, residents of the subject streets spoke, ~ith thirteen in favor of the assess~ent and one in opposition. Motion was made by Nelson, seconded by King that ~he petitions be formally accepted by the City Council and that the City Engineer be directed to proceed with all necessary engineering design work for the acceptance of bids in mid su~ner of 1975. Motion carried. March 4, 1975 Continued 4. Rodney Ames, representing the Denton Jaycees related plans of the organization to construct a safety city to teach children traffic safety, stating that they would like to build a safety city on a piece of land just south of the present kiddie rides in F~vers Park. He added that the Jaycees would construct the safety city and then give it to the City of Denton. He stated that the School District, businessmen of the City, the Fire Department and the Police Department indicated their approval of such a project. Mayor Pro Tem Jester stated that the Council would take the matter under advisement. The Council concurred. 5. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN ~IqE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A.D. 1975. RESOLUTION ~ERt~S, the Federal funds have been made available through the State of Texas for Traffic Engineering Studies aimed at the problems defined in the 1966 National Highway Safety Act; and ~ERt~S, the City of Denton desires to apply for a grant for a Traffic Engineering Study to identify the problems, needs, and countermeasures for improving traffic safety; and ~{EREAS, the City of Denton plans to implement the recommendations of this Traffic Engineering Study, insofar as feasible, for improvement to traffic safety; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Jim White, City Manager, be, and is hereby authorized to execute the necessary application instruments to apply to the Governor's Office of Traffic Safety Safety and ar~y other agency for grant funds to fund a Traffic Engineering Study for the City of Denton. PASSED AND APPROVED this the 4th day of Ymrch, A. D. 1975. /s/ TOM D. JESTER, JR. MAYOR PRO TEM ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by King that the Resolution be passed and that the Mayor Pro Tem be authorized to sign. On roll call vote King voted "aye", Nelson voted "aye" and Jester voted "aye". Motion carried 6. Doland Olson, District Supervisor for the Texas Department of Agriculture and Jack Bomar of the Department appeared relative to the City of Denton cooperating in a program to control the imported fire ant. He asked that the City contribute 30~ per acre for acres within the City limits and to sign a letter of agreement allowing aircraft to fly over the City for the purpose of spraying at less than FAA minimum altitude when necessary. Motion was made by King, seconded by Nelson that permission be granted for aircraft to fly over the City at less than FAA minimum altitude when necessary, and that the City wouldmake efforts to participate on the basis of 30¢ per acre for acres within the corporate limits. Motion carried. March 4, 1975 Continued 7. The following Ordinance was presented: ORDINANCE NO. 75-3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADDING A NEW ARTICLE III TO CHAPTER 2 OF THE CODE OF ORDINANCES ENrFITLED "RESEARCH AND ECONOMIC DEVELOPMENT BOARD"; PROVIDING A DECLARATION OF POLICY; PROVIDING FOR CREATION OF A RESEARCH AND ECONOMIC DEVELOPMENT BOARD AND PROVIDING FUNCTIONS FOR SAID BOARD; PROVIDING A SEVERABILITY CLAUSE, AND DECI~RING AN EFFECTIVE DATE. ' Motion was made by Nelson, seconded by King that the Ordinance be passed with a nine member Advisory Board to serve for three year terms with the exception that the initial board would draw for terms--three for 1 year term, three for 2 year term and three, for 3 year term, and that five members would constitute a quorum. On roll call vote Nelson voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 8. The following Ordinance was presented: ORDINANCE NO. 75-4 (John Duncan) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY BLOCK NO. 187-3, A PORTION OF TRACT NO. ONE (1), AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.. Motion was made by King, seconded by Nelson that the Ordinance be passed. On roll call vote King voted "aye", Nelson voted "aye" and Jester voted "aye". Motion carried. 9. The following Resolutions were presented: (A)~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BDILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A.D. 1975. RESOLUTION WHEREAS, a need exists within the City of Denton to reduce major crime through a close contact and cooperative effort between the Denton Police Department and the citizens of Denton; and WHEREAS, funding is available from the Texas Criminal Justice Council to assist the City of Denton in supporting a Police Crime Prevention Uni~, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Applications be made to the Texas Criminal Justice Council to assist the City of Denton in financing a Crime Prevention Unit. PASSED AND APPROVED this the 4th day of March, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR PRO TEM ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Nelson that the Resolution be passed. On roll call vote Nelson voted "aye", King voted "aye" and Jester voted "aye". Motion carried. March 4, 1975 Continued (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF FEBRUARY, A.D. 1975. RESOLUTION WHERF&S, a need exists within the Police Department of the City of Denton~ for Multi-Channel Monitoring and Recording Equipment; and I~EREAS, funding is available from the Texas Criminal Justice Council to assist the City of Denton in the purchase of this needed equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE ,CITY OF DENTON, TEXAS, THAT: Application be made to the Texas Criminal Justice Council to assist the City of Denton in the purchase of Communications Multi-Charmel Monitoring and Recording Equipment for the Denton Police Department. PASSED AND APPROVED this the 4th day of March, A. D. 1975. /si TOM D. JESTER, JR., MAYOR PRO TEM CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ P--~-UI7 C.ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was nmde by Nelson, seconded by King that the Resolution be passed. On roll call vote King voted "aye", Nelson voted "aye" and Jester voted "aye". Motion carried. (C) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, A.D. 1975. RESOLUTION ~ERt~S, the incorporated municipalities of Bryan, Greenville, Garland and Denton, Texas, each are classed as a "public entity" within the meaning of that term, as defined in Article 1435a, Vernon's Annotated Texas Civil Statutes and under the provisions of the aforementioned law, public entities have heretofore been given the authority and right to jointly provide electric facilities for the generation and transmission of electric power; and ~4ERt~S, the City Council of the City of Denton, Texas, has determined that the purpose and intent of Article 1435a could best be utilized and effected by public entities through a joint powers agency created by public entities and controlled by them through the appointment of directors; and ~ERt-i~S, legislation has been prepared which this governing body feels would be beneficial in the accomplishment of the purposes heretofore approved by the Legislature of the State of Texas, and it appears to this governing body that appropriate safeguards are included in the Bill to protect the interest of the public; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: March 4, 1975 Continued The City Council of the City of Denton, Texas' governing body does hereby approve the proposed Bill (attached hereto and made a part of this resolution for all purposes) which provides for ~ amendment to Article 1435a, Vernon's Annotated Texas Civil Statutes. This governing body does co~mnend to the Legislature of the State of Texas the provisions of the Bill and requests that consideration be given to its early passage. The City Secretary is hereby authorized to furnish copies of this resolution to the City's Senators and Representatives in the 64th Legislature. PASSED AND APPROVED this the 4th day of March, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR PRO TEM CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPS: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Nelson that the Resolution be passed. On roll call vote King voted "aye", Nelson voted "aye" and Jester voted "aye". Motion carried. (D) AT A REGULAR MEETING OF TH~ CITY COUNCIL OF TH~ CITYYOF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MARCH, 1975. RE S 0 L U T I ON WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, the Administrator of the United States Environmental Protection Agency' has by regulation published guidelines for the identification of those areas which, as a result of urban~industrial concentrations or other factors, have substantial water quality control problems (40 CFR Part 126); and WHEREAS, the Dallas/Fort Worth area satisfies the criteria contained in the Act and guidelines and designation of the area pursuant to Section 208 and those guidelines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF ~H~ CITY OF DENTON, TEXAS, THAT: T~e City of Denton recognizing that the Dallas/Fort Worth area has substantial water quality control problems, supports designation of the area pursuant t~ Section 208 and the EPA guidelines, and intends to join with other affected general purpose units of local government within the boundaries of the'area to develop and implement a plan which will result in a coordinated waste treatment management system for the area. March 4, 1975 Continued PASSED AND APPROVED this the 4th day of March, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR PRO CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by King that the Resolution be passed. On roll call vote King voted "aye", Nelson voted "aye" and Jester voted "aye". Motion carried. 10. The Council considered approval of an easement to Delhi Gas Pipeline Company across two tracts of land at the site of the Water Treatment Plant and the Steam Electric Generation Plant. Motion was made by King, seconded by Nelson that the easement be granted, with the exception that the easement would be terminated if or when the City of Denton ceases to do business with Delhi Gas Pipeline Conrpany. Motion carried. 11. Motion was made by Nelson, seconded by King that the following vouchers and purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS Bailey Meter Company (P.O. #25106) $2,557.80 ITE Imperial Corporation (P.O. #18517-A) $15,650.00 VOUCHERS Gulf Oil Company $2,??9.64 U. S. Postmaster $2,000.00 U. S. Postmas~ter $2,000.00 Earl Coleman ~ $3,339.50 North Central Texas Council of Govts. $1,011.19 Motion carried. 12. BIDS: (A) #8239 Sale of two houses Motion was made by Nelson, seconded by King that the bid be awarded to the high bidder, Joyce Harmon of Aubrey, at a high bid of $506.00, and that on future bids a minimum bid price be set by the City. Motion carried. 13. The Council adjourned into Executive Session at 9:35 p.m. 14. The Council reconvened into public session at 9:50 p.m. to report that no official action had been taken. Meeting adjourned at 9:55 p.m. MAYOR ~ ~ITY SECRETARY Municipal Building March 12, 1975 Joint Meeting of the City Council and the Planning and Zoning Commission, March 12, 1975 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council--Mayor Neu, Mayor Pro Tem Jester, Council Members King, Kibler and Nelson; City Manager, Assistant City Manager, City Attorney and City Secretary Planning & Zoning Commission--Commission Members Manning, McNatt, Hill and Powell ABSENT: Planning and Zoning Commission Member Allen 1. A public hearing was opened by the Mayor to inform citizens on plans and give them an opportunity to express their views relative to the Bell and McKinney Street projects. 2. The Manager gave an overview of the projects, stating that during construction, sections of the streets would be temporarily closed. The Director of Community Development, using an overhead projector, showed the routes of the two streets and the type of construction planned. Three citizens eypressed concern for the probable elimination of parking spaces in front of their businesses on East McKinney. They were informed that the City would do anything possible to retain as many parking spaces as possible. No official action was taken. Meeting adjourned at 8:15 p.m. MAYOR CITY SECRETARY Municipal Building March 24, 1975 Special Meeting of the City Council, March 24, 1975 at 12:00 noon in the City Manager's Conference Room of the Municipal Building. PRESENT: Mayor Neu, Council Members King and Nelson; City Manager, City Attorney, Assistant City Secretary, City Insurance Representative, John Maxwell and Administrative Aide. ABSENT: Mayor Pro Tem Jester and Council Member Kibler 1. A study session was held on the matter of a contract for employee hospitalization insurance for the City of Denton. Two representatives each from Blue Cross Blue Shield Insurance Company and American National Life Insurance Company spoke, stating why they felt their group policy was the better bid for City of Denton employees. No official action was taken. Meeting adjourned at 1:30 p.m. A~SSTSTANT- CITY SECRETARY Municipal Building ~rch 25, 1975 Regular meeting of the City Comlcil, City of Denton, Texas, Tuesday, March 25, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Nelson and Kibler; City Manager, City Attorney and Assistant City Secretary. ABSENT: Assistant City Manager and City Secretary 1. Motion was made by King, seconded by Kibler that the minutes of the regular meeting of March 4, 1975, the joint meeting of the Council and Planning and Zoning Con~nission of March 12, 1975 and the special meeting of March 24, 1975 be approved. Motion ca~rried. 2. BIDS: (A) Employee Hospitalization Insurance Following a briefing by the City Manager, motion was made by Jester, seconded by King that a contract be entered into for group hospitalization and life insurance with Blue Cross Blue Shield at a premium of $143.541, with the City's share $76,740. Motion carried. (B) #8228 Solid ~ste Containers Following a brie~i~ by the City Manager, motion was made by Nelson, seconded by Kibler that the bid be awarded to the low bidders as follows: Item 1 to Duncan Imiustries at $1,945.00 Item 2 to Duncan Im~ustries at $8,970.00 Item 3 to Duncan Im~ustries at $1,794.00 Item 4 to Duncan Im~ustries at $4,725.00 Item 5 to Industrial Disposal Supply at $5,530.00 Motio~ c~ ~'. i ~' 3. PUBLIC HF~RINGS: (A) A public hearing was held on S-99, the petition of Mr. Seth Watson, requesting that he be granted a specific use permit for the operation of a drive-in restaurant in a General Retail (GR) district in the 1700 block of West University Drive. This property is further described as being located on the south side of University Drive approximately 250 feet west of Malone. City tax records designate this property as City Block No. 4019~2, Lot No. 19. After hearing 1 proponent and 1 in opposition, and a report of approval by the Planning and Zoning Commission, motion was made by Nelson, seconded by Kibler that the petition be approved with the following conditions: (1) A six foot tall solid fence shall be required between the residential property and the drive-in restaurant facility to prevent obnoxious lighting from the cars into the residential area. The fence cannot be built in the utility easement adjoining the south property line. (2) Trash storage cannot be kept any closer than 20 feet to the south property line as illustrated in the site plan for the proposed Sonic Drive-in. (3) This permit voids automatically if the proposed use is not a drive-in restaurant. The site plan shall be made a part of the acceptance of the permit. (4) The specific use permit is issued to the Sonic Drive-in Systems and shall expire if the ownership changes. Motion carried. March 25, 1975 Continued (B) A public hearing was held on the acceptance of assessment paving petitions for Fain Street between Carroll and Bolivar, Hinkel Drive between Greenbriar and Sanger Road, Boyd Street between Wayne and Lattimore, West Prairie Street between Bonnie Brae and Avenue H, and Bernard Street between Roselawn and Willowwood. After hearing 4 proponents and 1 in opposition on W. Prairie Street, motion was made by Jester, seconded by Kibler that the assessment paving petitions be approved. Motion carried, with Nelson abstaining only on the West Prairie petition. 4. The Mayor presented a retirement plaque to Ben Stuckey, who retired after 30 years of service in the Electric Production Department. 5. Ralph Leach, Director of SPAN, appeared requesting the City Council to provide funding for the year 1975 in the amount of $2,900. Motion was made by King, seconded by Nelson to approve the request for $2,900. Motion carried. 6 The Mayor presented safety awards to the Electric Production Department . and to the Fire Department. 7. The Council considered.the recommendation of the A~rport Advisory Board for a contract for a Cessna dealership and flight school at the Denton Municipal Airport. The City Mmnager suggested that the matter be tabled and recommended that a study session be held. The Conncil concurred. 8. Two members of the Denton Jaycees requested to be heard relative to their previous request for a safety city program. Motion was made by Jester, seconded by Kibler that the Denton Jaycees be granted permission to operate a safety city program at a site to be determined by the Parks Board and the City Staff. Motion carried. 9. The Council considered a contract with Pritchard and Abbott to join the Denton Independent School District for tax equalization on industrial and utility properties. Following a briefing by the City Manager, motion was made by Jester, seconded by King that such a contract be approved. Motion carried. 10. The Council considered the petition of Mr. Tim Harrington, requesting that he be granted specific use permit S-98 for the operation of a licensed private club in the 1600 block of Eagle Drive in the University Plaza Shopping Center. (This matter was tabled at the last Council meeting.) After hearing 1 proponent and none in opposition, motion was made by Nelson, seconded by King that the petition be approved with the following conditions: (A) The operation of this private club shall require registration and license approval by the Texas Liquor Control Board. (B) The permit shall cease whenever the petitioner, Mr. Tim Harrington, is no longer the operator of the private club. (C) A site plan shall be required to show the ~uilding layout, parking and seating for the club. This plan is to be submitted to the Community Development Department. (D) In accordance to the Uniform Building Code, the maximum occupancy of the club shall be limited to 131 persons at any one time. (E) The required parking shall be based upon one space for every three seats in conformance with the site plan. Motion carried 4 to 1. March 25, 1975 Continued il. The Council considered changing the traffic and parking patterns around the old Post Office. Following a briefing by the Director of Community Development, motion was made by Nelson, seconded by Jester that the following changes be approved as recommended by the Traffic Safety Committee: (A) Pecan Street between Locust and Austin be changed to two-way pattern. (B) That the no parking zone on the north side of Pecan between North Locust and Austin be changed to two hour parking. (C) That angle parking on North Locust in front of the old Post Office be changed to a parallel parking two hour zone. Motion carried. 12. Following a briefing by the Director of Community Development, motion was made by Nelson, seconded by Jester to approve removal of a no parking zone around the old Robert E. Lee School, establishing unrestricted parking, as recommended by the Traffic Safety Committee. Motion carried. 13. Following a briefing by the Director of Community Development, motion was made by Jester, seconded by Kibler to approve the removal of parking on the north side of Eagle between Welch and IOOF. Motion carried. 14. Motion was made by Nelson, seconded by Jester to approve plans and specifications for the Bell-McI~inney paving project. Motion carried. 15. The following Resolution was presented: AT A REGULAR MEETING OF THE CI~ COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF MARCH, A.D. 1975. RE S 0 LUT I ON WHEREAS, the Housing and Community Development Act of 1974 provides funds for use by local governments in a wide range of community development activities; and WHEREAS, the Act establishes categories of eligible applicants including hold- harmless, metropolitan city, urban county, SMSA Discretionary Balance, and metropolitan Discretionary Balance Funds; and WHEREAS, a series of miscalculations and misjudgments have occurred which result in a total depletion of SMSA Discretionary Balar~ce Funds; and WHEREAS, the City of Denton is ~unong forth-three cities and one county in the Dallas-Fort Worth SMSA which have submitted preapplications for SMSA Discretion- ary Balance funds; and WHEREAS, the City of Denton request for $377,600 will help meet urgent local community development needs and preserve Denton as a viable urban community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City Council of the City of Denton, Texas hereby calls upon the Secretary of the U.S. Department of Housing ~md Urban Development to utilize maximum flexibility possible to shift funds from th~.~ "transition or urgent needs fund" and "HUD Secretary's Discretionary Fund" to meet the needs of SMSA Discretionary Balance applicants during fiscal year 1975. That the City Council of the City of Denton urges Senators Lloyd Bentsen and John Tower, Congressman Ray Roberts and the other members of Congress to consider passage of a special emergency Co~wnunity Development appropriation earmarked for SMSA Discretionary Balance areas. March 25, 1975 Continued That this Resolution should in no case be misinterpreted as recommending any action which would reduce the funding currently available to hold-harmless, metropolitan city, urban county, and non-metropolitan discretionary balance applicants. That this Resolution shall take effect immediately upon its passage and approval. PASSE]) AND APPROVED this the 25th day of March, A.D. 1975. /s/ BILL NEU, MAYOR CITY OF DF~NTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY S~CKETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: is/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by King that the Resolution be passed. On roll call vote Kibler voted "aye", King voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 16. Motion was made by Nelson, seconded by King to approve an agreement to start construction on a raw water line through the City of Lake Dallas. The Mayor motioned to amend the previous motion and Nelson seconded to authorize the City Manager to sign further amendments to the contract, if such contract did not involve additional funds. Motion with amendment ~carried. 17. Motion was_~m~e by ~elson, seconded by Jester to approve the request of the Texas Titl~c~'~ny~-~'quit claim of certain easements acquired with the purchase of ~r~ di~mb~t~on facilities from Texas Power and Light Company since these easements are no longer needed. Motion carried. 18. Motion was made by King, seconded by Nelson that the Tax Adjustment Report for March, 1975 in the total amount of $4,807.83 be approved. Motion carried. 19. Motion was made by Nelson, seconded by Jester that the following vouchers and purchase orders in excess of $1,000 be approved for payment: VOUCHERS Adams Brothers Construction Co. Inc. $1,638.04 Caruthers Oil Co. (P.O. #25019) 2,281.55 Jagoe-Public Co. (P.O. #24885) 3,206.25 Gulf Oil Corp. (P.O. #25055) 5,870.97 PURCHASE ORDER A11 is - Chalmers 2,612.00 Motion carried. March 25, 1975 Continued 20. The Council considered a gas exchange contract between the TY~P and Lone Star Gas. Following a briefing ~d a report of approval recommendation by the Utilities Board, motion was made by Nelson, seconded by King to approve the contract. Motion carried. 21. The following Ordinance was presented: ORDINANCE NO. 75-5 AN ORDINANCE AMENDING CHAPTER 115 OF THE CODE OF ORDINANCES OF THE CIndY OF DENTON, TEXAS, BY ESTABLISHING ANEW SECTION 15-10 ENTITLED "TRESPASSING ON NORTH LAKES PARK PROPERTY PROHIBITED"; PROVIDING A SEVERABILITYCLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE~ Motion was made by Kibler, seconded by King that the Ordinance be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 22. Motion was made by Nelson, seconded by King that Jerry Gage be employed as an appraiser for acquisition of right of way for South Carroll Boulevard as recommended by the City Manager. Motion carried. 23. The Council adjourned into Executive Session at 9:00 p.m. 24. The Council reconvened to public session at 9:50 p.m. to announce that no official action had been taken. Meeting adjourned at 9:52 p.m. MAYOR \ ASSISTANT CITY SECRETARY Municipal Building April 1, 1975 t~gular meeting of the City Council, City of Denton, Texas, Tuesday, April 1, 1975, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members King, Kibler and Nelson; City Manager, Assistant City Manager, City Attorney and Assistant City Secretary. ABSF~V£: City Secretary 1. Motion was made by Kibler, seconded by Nelson that the minutes of the special meeting of March 25, 1975 be approved. Motion carried. 2. BIDS: (A) #8240 Water & Sewer Supplies Motion was made by Nelson, seconded by Jester that the bid be awarded as follows: Section A: Clay Pipe: Item 1-5 low bidder of Can-Tex Industries Section B: Brass Goods: Item 6-18 low bidder of Western Utility Sales Item 19 low bidder of East Texas Service Corp. Section C: Ball Valves: Item 20-21 low bidder of Western Utility Sales Section D: Pipe Clamp Full Circle: Item 22-34 low bidder of R. H. Baker Company Section E: Full Circle Tapped Clanrps: Item 35-44 low bidder of Bowles & Eden Section F: Pipe Repair Clamps: Item 45-50 low bidder of Bowles & Eden Section G and H: Compression & Meter Couplings: Item 51-58 low bidder of Bowles & Eden Section I: Ductile Iron Pipe: Item 59-63 low bidder of U.S. Pipe & Foundry Section J: Cast Iron Pipe: Item 64-68 low bidder of Lone Star Steel Section K: Fire Hydrants & Extensions: Item 69-74 low bidder of Bowles & Eden Section L: C.I. Gate Valves: Item 75-79 low bidder of Bowles & Eden Section M: Tapping Valves: Item 80-88 low bidder of Bowles & Eden Section N: Tapping Saddle for Concrete Pipe: Item 89-105 low bidder of Gifford-Hill American Section O: Tapping Saddle For Cast Iron Pipe: Item 106-127 low bidder of Bowles & Eden April 1, 1975 Continued Section P: Manhole Rings & Lids: Item 128-129 low bidder of Bass & Hayes Foundry Section Q: Bronze Gate Valves: Item 130-135 low bidder of East Texas Service Company Section R: Valve Boxes and Extensions: Item 137-142 low bidder of Bowles & Eden Section S: Meter Boxes: Item 143-146 low bidder of Bass & Hayes Section T: CI-ClayAdapters: Item 147-149 low bidder of Bowles & Eden Motion carried. (B) #8251 42" Water Transmission Line Following a briefing by the Director of Utilities, motion was made by Nelson, seconded by Jester that the bid be awarded to the low bidder, Brown & Blakney at a low bid of $223,691.00 Motion carried. (C) #8241 Yearly Lamp Supply Following a briefing by the City Manager, motion was made by Jester, seconded by King that the bid be awarded as follows: Item 1 and Item 4 through 16 to Westinghouse Electric Supply Item 2 and 3 to Cummins Supply Motion carried. (D) #8234 Tension Puller Rope Motion was made by Nelson, seconded by King that the bid be awarded to the lowest bidder meeting specifications, Ticknor Sales at a bid of $1,037 FOB Denton. Motion carried. ' (E) #8244 Solid Sleeve Motion was made by Kibler, seconded by King that the bid be awarded to the low bidder Trans Texas Supply for all five items. Motion carried. 3. Motion was made by Jester, seconded by Kibler that the following petition be referred to the Pla~ming and Zoning Commission for its recommendation: (A) Z-1251, the petition of the Community Development Department, requesting that the zoning classification in the 700-900 blocks of Interstate 35~ be changed from Planned Development (PD) to Commercial (C) classification. This property is further described as being approximately 12 acres of land located on the north side of 1-35E between Teasley Lane and the Holiday Inn. City tax records designate this property as City Block No. 283, Lot Nos. 7, 7.1 and the southern portion of Lot No. 5. Motion carried. April 1, 1975 Continued 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1250, the petition of Mr. Harold ~ells, requesting that the zoning classification of a 30 acre tract in the 1000 block of Loop 288 be changed from the Single Family (SF-10) to 28 acres of Single Family (SF-7) classification and 2 acres of Multi Family (MF-1) classification. The proposed Multi-family (MF-1) zoning fronts Loop 288. The said tract of land is located to the south of Audra Lane between Loop 288 and Mayhill Road. This east boundary of the proposed Multi-Family (MF-1) zone to Mayhill Road. After hearing 3 proponents and 5 in opposition and receiving a petition with 27 signatures indicating opposition, motion was made by Nelson, seconded by Jester that the petition be denied. Motion carried. (B) A public hearing was held on Z-1246, the appeal of Mr. Miller Davidge, requesting that the zoning classification at 1317 Ector Street be changed from the Single Family (SF-10) to the General Retail (GR) classification and that the zoning classification at 1311 Ector Street be changed from the Single Family (SF-10) to the Office (O) classification. This property is further described as being located on the southwest corner of University Drive and Ector Street. City tax records designate this property as City Block No. 4039 ' City Lot Nos. 1 and 2. After hearing 1 proponent and 5 in opposition, motion was made by Nelson, seconded by King that the appeal be granted. Kibler voted "no" and Jester abstained. The motion failed and the petition was denied. (4 ayes required to pass) (C) A public hearing was held on the acceptance of assessment paving petitions for Bernard Street between Greenlee and 1-35E, Greenlee Street between Neff and Avenue A, Donna Road, Del Drive, Riney Road between Del and Highway 77, Rose Street between Paisley and Fritz, Fritz Street between Rose and Frame, Davis Street between Crawford and the end of the existing paving, Oakwo~d Street between the east end of the street and the existing paving. After hearing 5 proponents and 2 opponents, 1 on Rose Street and 1 on Donna Del, and a discussion of problems on Oakwood, motion was made by Jester, seconded by Kibler to accept the petitions with the exception of Oakwood. Motion carried. 5. The following Ordir~nces were presented: (A) ORDINANCE NO. 7S-6 AN ORDINANCE PROHIBITING PARKING IN EXCESS OF TWO CONTINUOUS HOURS ON THI~ NORTH SIDE OF PECAN STREET BETWEEN LOCUST STREET AND AUSTIN 'STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 7S-7 AN ORDINANCE ESTABLISHING TWO HOUR PARALLEL PARKING ON THE EAST SIDE OF LOCUST STREET BETWEEN PECAN AND MCKINNEY STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Kibler, seconded by Jester that the Ordinance be passed. On roll call vote Nelson voted "aye", King voted "aye", Kibler voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. The following Ordinance was presented: 0RDINANCE NO. 75-8 AN ORDINANCE REMOVING pARKING ON THE NORTH SIDE OF EAGLE DRIVE BETWEEN WELCH STREET AND I.O.O.F. STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by King that the Ordinance be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. April 1, 1975 Continued 7. The following Ordinance was presented: ORDINANCE NO. 75-9--Farris Wilson AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 13.1, CITY BLOCK NO. 442, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CI/~f OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jester, seconded by King that the Ordinance be passed. On roll call vote Kibler voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (Nelson not present for roll call vote. ) 8. The Council considered the request of Michie Thaten for quit-claim of utility easement on property o~aled by Mr. Thaten lying north of Londonderry Lane approximately 645' east of Sam Bass Blvd. Following a briefing by the Director of Utilities, recommending approval, motion was made by King, seconded by Nelson that the quit claim request be approved. Motion carried. 9. The Council considered the request of Steed Construction Company for a thirty day extension of time on the contract for construction of a 30 inch Parallel Raw Water Line. Following a briefing by the Director of Community Development, who stated that it was a reasonable request because of the heavy rains, motion was made by Kibler, seconded by Jester that a 30 day extension time be approved for Steed Construction Compa~y. Motion carried. 10. Motion was made by King, seconded by Nelson that the following voucher in excess of $1,000 be approved for payment: Eagle Oil Company (P.O. #25141) $2,080.00 Motion carried. 11. The Council considered the recommendation of the Airport Advisory Board on a contract for Cessna Dealership and flight school at the Denton Municipal Airport. The Mayor briefed the Council and considerable discussion followed. Motion was made by Nelson, seconded by King that the matter be tabled. Motion carried, with Jester abstaining from both the discussion and the voting. 12. The Council considered appointment of Board Members for the Research and Economic Development Board. Motion was made by Jester, seconded by Kibler that the following Denton citizens be appointed to the Research and Economic Development Board: Dr. L. L. Armstrong R. John Nelson Rowe Meador Ralph Flesher George Schneider Richard W. Brunson Mary C. Gay Roy Busby Bob Jones Motion carried. 13. Motion was made by King, seconded by Kibler that the meeting adjourn. Motion carried. Meeting adjourned at 10:45 p.m. ~ ~ · ~ MAYOR ~(SSISTANT CITY SECRETARY Municipal Building April 7, 1975 Special meeting of the City Council, Monday, April 7, 1975 at 12 noon in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Member King; City ~nager, Assistant City Manager, City Attorney and City Secretary. ABSENF: Council Members Nelson and Kibler. 1. The following Ordinance was presented: ORDINANCE NO. 75-10 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 1, 1975, TO ELECT THREE CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City Of Denton, Texas, on the 1st day of April, 1975, for the purpose of electing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly convassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: Irving K. Pershing 401 votes Elinor Hughes 2,133 votes Barbara Smith 233 votes Ray Stephens 1,915 votes Bill Neu 1,453 votes Joe Mitchell 1,989 votes Richard O. Stewart 1,412 votes Harral E. Landry 645 votes Stanford "Bud" Hauptmann 789 votes William Matthew Jamerson 465 votes William S. Nash 842 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Elinor Hughes, Joe Mitchell and Ray Stephens have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this the 7th day of April, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ~FTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS April 7, 1975 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A1TORNEY CITY OF DENTON, TEXAS Motion was made by Jester, seconded by King that the Ordinance be passed. On roll call vote King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. Meeting adjourned at 12:15 p.m. C iT~/~E~ETARY ~ -- Municipal Building April 15, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday April 15, 1974 at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Neu, Mayor Pro Tem Jester, Council Members Kibler, King and Nelson; City Manager, Assistant City Manager, City Attorney and City Secretary; New Council Members Elinor Hughes, Joe Mitchell and Ray Stephens. 1. Motion was made by Jester, seconded by Kibler that the minutes of the regular meeting of April 1, 1975 and the special meeting of April 7, 1975 be approved. Motion carried. 2. BIDS: (A) #8243 Line Marking Machine Motion was made by King, seconded by Kibler that the bid be awarded to the low bidder meeting specifications, Martin Equipment Company at a bid of $1,821.82 less 10% discount if paid in 10 days. Motion carried. (B) #8248 Street Light Fixtures Motion was made by Kibler, seconded by King that the bid be awarded to the low bidder meeting specifications, Westinghouse Electric Supply Company with prices firm for one year. Motion carried. (C) #8249 P.V.C. Sprinkler Pipe & Fittings Motion was made by Jester, seconded by Nelson that the bid be awarded to the low bidder meeting specifications as follows: Item 1--to Corr-Tech, Inc. for a total of $1,448.75 Item 2--to Trans-Tex Supply for a total of $323.30 Item 3--to Trans-Tex Supply for a total of $1,111.94 Motion carried. 3. REFERRALS: Motion was made by Jester, seconded by Kibler that the following 2 petitions be referred to the Planning and Zoning Commission: (A) Z-1253, the petition of Clark Lyde requesting that the zoning classification at 910 to 1022 Cleveland Street and 515 and 521 Eagle Drive be changed from the Single Family (SF-7) to Multi-family (MF-1) classification. This property is further described as being 11 lots on the west side of Cleveland Street between Eagle Drive and Collins Street. The petition also includes two lots that front the south side of Eagle Drive. The City tax records designate this property as City Block No. 316, Lot Nos. 25-35, 38 and 39. (B) Z-1252, the petition of the Community Development Department requesting that the zoning classification in the 3400 to 3800 blocks of West University Drive be changed from the Planned Development (PD) to the Agricultural (A) classification. This property is further described as being approximately 49 acres on the north side of University Drive situated between the Santa Fe Railroad tracks on the east and Ranch Estates on the west. The City tax records designate this property as City Block No. 4070-1, Tract Nos. 7 and 7C. Motion carried. April 1S, 1975 Continued 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1248, the appeal of Mr. David Gleeson requesting that an 83.8 acre tract of land be considered for annexation and Single Family (SF10), Two Fmnily (2F), Multi-Family (MF-1) and General Retail (GR) zoning classification. The said tract is located on the east side of F.M. 2181 and Ryan Road. Mr. Gleeson spoke in favor of the petition stating that his organization would pay for extension of utilities when development began. Following considerable discussion and a report from the Director of Community Development stating that the Planning and Zoning Commission had denied the petition but that they would recommend annexation and agricultural zoning. Council Members questioned the Director of Community Development relative to several phases of the request. Motion was made by Nelson, seconded by King that the appeal be granted. On roll call vote motion carried 4 to t. (B) A public hearing was held on the acceptance of assessment paving petitions for Lindsey Street from 1-35E to Fort Worth Drive, Avenue D from 1-35E to Underwood, Oakwood Street between the east end of the street and the existing paving. One citizen spoke in opposition to the Lindsey Street paving and one who had considerable footage on both Lindsey and Bernard Street stated that she did not have adequate income to pay for the assessment. On the Oa~ood Street petition, Archie Roach requested that his petition be withdrawn and three spoke in favor. There was no one speaking for or against the paving assessment on Avenue D. Motion was made by King, seconded by Nelson to accept the petitions on Avenue D and on Oakwood and to table the Lindsey Street petition. Motion carried. S. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A.D. 1975. RE S O L U T I ON I.~HEREAS, on the 4th day of ~rch, 1975, the City of Denton passed a Resolution authorizing the application to the Texas Criminal Justice Council for assistance in financing a Crime Prevention Unit; and WHEREAS, fu~iding would be made available from the Texas Criminal Justice Council to assist the City of Denton in supporting a Police Crime Prevention Unit if the City of Denton agreed to consider adopting minimum security codes during the second year of the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: If the Texas Criminal Justice Council assists the City of Denton in financing a Crime Prevention Unit the city agrees to consider adopting minimum security codes during the second, year of the project. April 15, 1975 Continued PASSED AND APPROVED this the 15th day of April, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DF~NTON, TF~XAS ATTEST: /s/ B~OKSHOLT, CITY SECRETARY CITY OF DENTON, TEXAS _APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TF~XAS Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 6. The Council considered the final plans for the Good Samaritan Village east of Hinkle Drive. Following a briefing by the Director of Community Development, motion was made by Jester, seconded by Kibler that the final plans be accepted. Motion carried. 7. The Council considered the request of ~@. and Mrs. Frederick S. Opaskey for permission to tie on to the City of Denton sewer system and electric system for service to a house they intend to build outside the City limits. The Director of Utilities stated that the Utilities Board and the City staff recommended approval of this request. Motion was made by Jester, seconded by King that the request be granted. Motion carried. 8. Joe Northern, businessman at 109 Avenue A, requested that promises given by the City 5 years ago be carried out, adding that he wanted the new members to be advised as to what promises had been made so action could be taken. Northern also stated that North Texas State University had agreed to provide corner property at Avenue A and W. Hickory for easy access to Fry Street from Avenue A and that Mulberry would be widened. Motion was made by Jester, seconded by Nelson that the Council direct the staff to contact North Texas State University officials concerning property to be used to carry out the previous agreement. Motion carried. 9. The Council considered the request of the Utilities Department to pay First Texas Corp. for "oversize" cost for installation of 1366 feet of 16" concrete cylinder water line in Hobson Lane rather than an 8" cast iron line in connection with Phase I of the Forrestridge Development. It was pointed out by the Director of Utilities that the oversize cost would be $9,741.98 which would be paid from bond funds. Motion was made by King, seconded by Kibler that the request be granted. Motion carried. April 15, 1975 Continued 10. The Council considered change order #1 for contract for VASI-II System at the Denton Municipal Airport in the increased amount of $250.00 Following a briefing by the City Manager, motion was made by Jester, seconded by King that change order #1 be approved. Motion carried. 11. The Council considered a contract with Denton Flying Services, Inc. for Cessna dealership and flight school at the Denton Municipal Airport. (This item had been tabled at previous meetings) Contractor David Johnson objected to paragraph "A" on page 5 of the proposed, contract. The Mayor instructed the City Attorney and the contractor to confer to rephrase paragraph "A" on page 5. Following considerable discussion with questions and answers, motion was made by Nelson, seconded by King that the contract be approved and the Mayor authorized to sign with sub paragraph "A" on page 5 of the contract to read as follows: It is understood and agreed that Second Party can price and sell its gasolim~ ~ aviation fuel at any price it so desires; however, during the first 24 months of this lease, if Second Party prices its gasoline, and/or other types of aviation fuel, sold at or on the within leased premises, at a price lower than that for equivalent fuels sold by Aerosmith Denton Corporation, at the time Second Party initiates its sales of such fuel and so long as Aerosmith Denton Corporation does not raise its prices, then Second Party will immediately pay two (2¢) per gallon on the gasoline and/or fuel to First Party. Motion carried with Jester abstaining. 12. The Council considered approval of an F.A.A. grant application for airport improvements and designate m~gineer. The Council was briefed by the Assistant City Manager, who stated that the funds possibly could be available from F.A.A. in the amount of $407,080.50. Motion was made by King, seconded by Nelson that application for an F.A.A. grant be approved, with recommendation that the Engineering firm of Shimek, Roming, Jacobs, & Finklea be designated subject to F.A.A. approval. Motion carried. 13. The following Resolution was presented: Resolution Accepting A Grant Offer WHEREAS, an Application for Federal Assistance dated November 6, 1974 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at Denton Municipal Airport; WH~S, the FAA has issued a Grant Offer which, if duly accepted, provides a co~itment of $12,000.00 in federal funds for development specified therein; and WHEREAS, it is determined to b~ in the interest of City of Denton, Texas to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLV~ that Sponsor does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto and incorporated herein £~r all purposes, and, to evidence this acceptance, the City Manager is hereby April 15, 1975 Continued authorized and directed to execute the Grant Offer on behalf of Sponsor. PASSED, ADOPTED, AND EFFECTIVE THIS 15TH DAY of April, 1975. Certification I do hereby certify that the foregoing is a true and correct copy of a resolution duly passed and adopted by Sponsor's Governing Body. /s/ BROOKS HOLT CITY SECRETARY, CITY OF DENTON, TEXAS April 16, 1975 APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A~ORNEY Motion was made by Nelson, seconded by Jester that the Resolution be passed and the Mgr. authorized to sign. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 14. Popo Gonzales, head of Familias Unidas De Denton, and Rev. Raymon~ Campbell requested that a committee be appointed by the City to deal with public relations problems with Blacks and Chicanos. Reverend Campbell requested a Grand Jury investigation of the local police because minorities were concerned with civil rights and civil liberties in the community. A written report was presented on an incident involving three black girls who were stopped by the Police and transported to the Police Department where they were interrogate~. Terry Noel, a black student at North Texas State University related an alleged experience he had with two Denton Police officers, accusing them of verbally abusing him. He stated that the Police had searched his apartment without a warrant. Council Member Nelson asked the City Manager if there was any reason why a report could not be completed by the next regular meeting. Mr. White answered t~mt the~ report would be ready. Motion was made by Nelson, seconded by Kibler that the Manager make arrangements for a full and extensive investigation and to report to the Council the findings at the regular meeting on May 6, 1975. Motion carried. 15. Following a briefing by the City Manager, motion was made by Kibler, seconded by King that the following vouchers and purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS Marley Company (P.O. #25356) $16,140.00 American LaFrance (P.O. #25319) $12,900.00 VOUCHBRS T. S. Smith (P.O. #24874) $ 1,675.00 Gulf Oil C~rp. (P.O. #25162) $ 5,717.31 Motion carried. April ZLS, 1975 Continued 16. Motion was made by Jester, seconded by Kibler that the Tax Adjustment Report for April, 1975 be approved as follows: Personal Property Automobiles $494.60 Real Estate $ 61.37 Business Personal $ 5.55 Mobile Homes $ 27.20 $588.72 Supplemental Tax Roll for 1975 $ 25.33 Motion carried. 17. The following Resoilut_-'Lons were presented: (A) AT A REGUL~{ ~ETING OF THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, HELD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 1ST DAY OF APRIL, A.D. 1975. RE S O L U T I ON I~r~EREAS, the accurm~lation of rifles a~d shotguns obtained by the police department of the City of Denton in the course of their criminal investigations has become substantial; and WHEP~EAS, the rifles and shotgxuns listed in the attached schedule were accumulated prior to 1970 and the passage of legislation dealing with the disposal of rifles and shotguns; and WHEREAS, a registered letter was sent to the last known owner of each of the weapons; and WHEREAS, after a good faith effort to notify the owners of the weapons was made the weapons listed on the schedule attached hereto have remained unclaimed; and WHEREAS, it appearing that the weapons have been abandoned the containued existence of the rifles and shotguns provides the possibility that they may fall into the hands of criminals to the detriment of the City of Denton; NOW, THEREFORE, BE IT RESOLV]~ BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Chief of Police provide for the sale of such rifles and shotguns named in the schedule attached hereto at a city auction and that he fail not in accomplishing the sale. PASSED AND APPROVED this the 1st day of April, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DFJ~TON, TEXAS APPROVED AS TO LEGAL FOR~: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS NOT~: List of guns referred to in above resolution is filed in packet #4742 in the official records of the City of Denton. April 15, 1975 Continued Motion was made by Jester, seconded by Kibler that the Resolution be passed excluding caps and ball guns. On roll call vote King voted "aye", Kibler voted "aye", Nelson voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. (B) AT A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, ~EXAS, HELD IN ~HE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF APRIL, A.D. 1975. RESOLUTION ~EREAS, the accumulation of guns obtained by the police department of the City of Denton in their criminal investigations has become substantial; and ~REAS, the guns listed in the attached schedule were accumulated prior to 1970 and the passage of legislation dealing with the disposal of guns; and WHEREAS, a registered letter was sent to the last known owner of each of the weapons ~ and W~REAS, after a good faith effort to notify the owners of the weapons was made the weapons listed on the schedule attached hereto have remained unclaimed; and ~[EREAS, it appearing that the weapons have been abandoned the continued existence of the guns provides the possibility that they may fall into the hands of criminals to the detriment of the City of Denton; NOW, TH~REFOP~E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DF~NTON, TF~XAS, T~AT: ~e Chief of Police provide for the destruction of the weapons named in the schedule attached hereto and that he fail not in accomplishing their destruction. PASSED AND APPROVED this the 1st day of April, A. D. 1975. /s/ BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS NOTE: List of guns referred to in above resolution is filed in packet ~4742 in the official records of the City of Denton. Motion was made by Jester, seconded by Kibler that the Resolution be passed. On roll call vote Kibler voted "aye", Nelson voted "aye", King voted "aye", Jester voted "aye" and Neu voted "aye". Motion carried. 18. The three new Council Members, Elinor Hughes, Joe Mitchell and Ray Stephens took the Oath of Office. April 15, 1975 Continued 19. Retiring Council Members Neu, Nelson and Kibler relinquished their chairs to the new Council Members. The City Secretary took the chair and opened nominations for Mayor. Mayor Pro Tem Jester was nominated by Terrell King III and Mrs. Elinor Hughes was nominated by Ray Stephens. Jester was elected Mayor by a vote of 3 to 2. The City Secretary relinquished the chair to the Mayor who opened nominations for Mayor Pro Tem. Mrs. Elinor Hughes was nominated by Ray Stephens and Terrell King III was nominated by Joe Mitchell. King was elected by a vote of 3 to 2. 20. The following three resolutions were presented: (A) AT A REGUL~RMEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A.D. 1975. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ KESOLUTION IN APPRECIATION CITY OF DENTON ~ OF L. A. NELSON WHEKEAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to L. A. Nelson for his valuable public service as a member of the City Council from July, 1974 until his term expired in April, 1975; and WHEREAS, L.A. Nelson has unselfishly contributed his time and effort in an outstanding and exemplary manner whild serving as a member of the City Council; and ~H~REAS, L. A. Nelson has continually represented the citizens of Denton in a fair, i~partial and considerate manner, always open, receptive and sensitive to the needs and comments of his constituents; and WHEREAS, the Mayor and City Colmcil desire to publicly recognize Mr. Nelson for the valuable insights contributed by him in the affairs of our progressive conmunity toward its continued development and growth; now therefore, BE IT RESOLVEDBY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the sincere and warm appreciation of this Council be extended to the said L. A. Nelson on behalf of all of our citizens of our community who have appreciated the time and effort expended unselfishly by him in their behalf, and 'that the City of Denton, Texas does hereby officially and sincerely with him continued success in all future endeavors; and BE IT FURTHER KESOLVED, that in appreciation of unselfish service extended by the Honorable L. A. Nelson, let this Resolution be formally conveyed to him in a permanent manner by causing this Resolution to be transcribed into the official minutes of the City of Denton, Texas, and forwarding to him a true copy hereof. PASSED AND APPROVED this the 15th day of April, A.D. 1975. /s/ MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, T~XAS April 15, 1975 Continued (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A.D. 1975. 'I~ STATE OF TEXAS ~ COUNTY OF DENTON [ RESOLUTION IN APPRECIATION CITY OF DENTON [ OF BILL NEU I~REAS, the Council of the City of Denton is losing one 6f its most valued members, Bill Neu, who was elected thereto in April, 1969, and served on said Council until April, 1975; and ~REAS, Bill Neu, has always served above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect and admiration of his subordinates and fellow Councilmen; and W}~REAS, Bill Neu, has been very active as a member of this Council, which elected him Mayor of the City of Denton in April of 1972 which office ' continued until April 1975, indicating the esteem this Council holds for him; and ~REAS, The City of Denton has been extremely fortunate inhaving enjoyed the dedicated and outstanding services of Mayor Neu for the several years he has been with the City, and shall continue to solicit his future counsel, services, and support which we know will be forthcoming; T}~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation for Bill Neu, felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by causing this Resolution to be transcribed into the official minutes of the City of Denton, Texas, and forwarding to him a true copy hereof; and BE IT FURTHER RESOLVED, that the City of Denton does hereby officially and sincerely extend its best wishes to the Honorable Bill Neu, for a long and successful career as a member of our co~nunity, and as a civic leader. PASSED AND APPROVED this the 15th day of April, A. D. 1975. /s/ N~YOR CITY OF DENTON, TEXAS ATTESt: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS M)PROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS April 15, 1975 Continued (C) AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THEMUNICIPAL BUILDING OF SAID CITY ONTHE 15TH DAY OF APRIL, A.D. 1975. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ Resolution In Appreciation CITY OF DENTON ~ Of Morris Kibler WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Morris Kibler for his valuable public service as a member of the City Council from June, 1972 until his term expired in April, 1975; and WHEREAS, Morris Kibler, has uru~elfishly contributed his time and effort in an outstanding and exemplary manner while serving as a member of the City Council; and WHEREAS, Morris Kibler, has cm~tinually represented the citizens of Denton in a fair, impartial and considerate manner, always open, receptive and sensitive to the needs and comments of his constituents; and WHEREAS, the Mayor and City Cmmcil desire to publicly recognize Mr. Kibler for the valuable insights contributed by him in the affairs of our progressive community toward its continued development and growth; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation of this Council be extended to the said Morris Kibler on behalf of all of our citizens of our community who have appreciated the time and effort expended unselfishly by him in their behalf, and that the City of Denton, Texas does hereby offiically and sincerely wish h~ continued success in all future endeavors; and BE IT FURTHER RESOLVED, that in appreciation of unselfish service extended by the Honorable Morris Kibler, let this Resolution be formally conveyed to him in a permanent manner by causing this Resolution to be transcribed'into the official minutes of tt~ City of Denton, Texas, and forwarding to him a true copy hereof.. PASSED ANDAPPROVED this the 15th day of April, A. D. 1975. /s/ MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Mitchell that the above Resolutions be passed. On roll call vote Hughes voted "aye", Mitchell voted "aye", Stephens voted "aye", King voted "aye" a~d Jester voted "aye". Motion carried. April 15, 1975 Continued 2]_. The Mayor presented engraved plaques to the retiring Council Members, Neu, Nelson and Kibler. 22. Council Member Stephens requested that the staff explore the possibility of the Council Agenda being published in the media on Sunday prior to the meeting on Tuesday. No action was taken. 23. The Council adjourned into F~xecutive Session at 11:30 p.m. and reconvened into public session at 1:30 p.m. to report that no official action was taken. Meeting adjourned at 1:35 p.m. MuzLicipal Building April 25, 1975 Emergency Meeting of the Ci~F Council, City of Denton, Texas, Friday, April 25, 1975 at 11:45 a.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Hughes and Mitchell; City Manager, Assistant CityManager, City Attorney and City Secretary. 1. The Council considered approval of contracts between the Texas Municipal Power Pool and the City of Denton. The Manager briefed the Council relative to: (a) A joint lignite agreement (b) The employment of a geologist (c) The lease options of land owners of the lignite fields near Bryan, Texas. An extensive question and answer period followed the Manager's briefing, with the Director of Utilities participating. Motion was made by' Hughes, seconded by King to approve a supplement to the budget of Texas Municipal Power Pool in the amount of $150,000, with the City of Denton's share of this amount approximately 11.9%, and to approve, as recommended by the Public Utilities Board: (a) A joint lignite agreement (b) The employment of Grote as geologist (c) The lease option of land owners Motion carried. Meeting adjourned at 1:30 p.m. Municipal Building May 6, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 6, 1975, at 7:00 p.m0 in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Mitchell, Stephens and Hughes; City M~nager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by King, seconded by Hughes that the minutes of the regular meeting of April 15, 1975 and the emergency meeting of April 25, 1975 be approved. Motion carried. 2. BIDS: (A) #8263 Vegetation Control Following a briefing by the Assistant City Manager, motion was made by Stephens, seconded by Mitchell that the bid be awarded to the low bidder meeting specifications, Jim Neal Co, any, at a price of $35.00 per acre per application, the total cost being $6,300, if the total estimated 90 acres is treated twice during the year. Motion carried. (B) #8256 Chemicals Motion was made by King, seconded by Stephens that the bid be awarded as follows with item #7 to be deleted for re-evaluation: Itenm 1-11 McKesson Chemical Company Items 2, 3, 6, 8 & 10 Thompson-Hayward Chemical Company Items 4 & 5 Van Waters & Rogers Item 9 Texas Lime Company Item 12 Stauffer Chemical Company Motion carried. (C) #8256-1 Van-Vehicle Motion was made by Mitchell, seconded by Hughes that the bid be awarded to the low bidder, Banner Chevrolet, at a price of $4,212.29. Motion carried. (D) #8254 Tractor and Mower Motion was made by Mitchell, seconded by King that the bid be awarded to the low bidder as follows: Item 1, Tractor to Den-Tex Ford at $5,349.50 Item 2, 1-3 Point Hitch, 3 Reel Gang mower to Colonial Motors of Dallas, at $1,829.00 Motion carried. (E) #8253 Push Type Mowers Motion was made by Stephens, seconded by King that the bid be awarded to Jerry's Marine of Denton, at a bid of $204.90 each, total of $1,024.50 for 5 mowers. Motion carried. May 6, 1975 Continued 3. REFERRALS: Motion was made by King, seconded by Hughes that the following two petitions be referred to ~e Planning & Zoning Con~nission for its recommendations: (A) S-101, the petition of Mr. James McKissack, requesting that he be granted a specific use permit to operate a private club at 113 Avenue A. The property is located on the east side of Avenue A between Hickory and Mulberry Streets. The private club is proposed for the site formerly occupied by Harvey's Jug. City tax records designate this property as Block No. 364, Lot Nos. 17 and 17.1. (B) Z-1254, the petition of the Community Development Department requesting that the zoning classification of six lots located in the 1900 block of West Oak Street be changed from the Multi-family (MF-1) to the Single Family (SF-~) classification. This property is located on the north side of West Oak Street near the intersection of Bradley Street. The request includes 1920, 1914, 1910, 1902 and 1822 West Oak and also one lot located 125 feet north of Oak Street behind 1822 West OM<. City tax records designate this property as Block No. 4023, Lot Nos. 22.1, 22-26. Motion carried. 4. George Schneider appeared to request that the Council meet with the newly appointed Research ~d Economic Development Board as soon as possible to give guidance to the group~ He added that the group had a brief meeting but will wait for the Council to set goals. Council Member Stephens suggested that other occupational groups be represented on the board, suggesting perhaps three additional members. Mr. Schneider answered that these people could be utilized as members of special committees of the board. 5. Rev. William Jamerson appeared relative to a report on an investigation of Denton Police brutality. He stated that his group would not give up until justice is done. The Mayor advised that the matter had been referred to the grand jury. 6. PUBLIC HEARINGS: (A) A public hearing was held on Z-1249, the appeal of Mr. Lewis Behringer and Mr. David Goode]l, requesting that the zoning classification of 503-507 Pearl Street, 311-313 Carroll Boulevard and 516 West Oak Street be changed from the Multi-family (~4F-1) to the Office (0) classification. This property is further described as being three lots on the southwest corner of Pearl and Carroll and two lots on the north side of West Oak approximately 400 feet west of Carroll. City tax records designate this property as City Block No. 475, Lot Nos. 8, 9, 10.2, 11 and 12. Motion was made by King, seconded by Hughes that the hearing be continued until the next regular meeting as requested by the petitioner's representative, Bob Crouch. ~Dtion carried. (B) A public hearing was held on Z-1251, the petition of the Community Development Department, requesting that the zoning classification in the 700-900 blocks of Interstate 35E be changed from the Planned Development (PD) to the Commercial (C) classification. This property is further described as being approximately 12 acres of land located on the north side of 1-35 between Teasley Lane and the Holiday Inn. City tax records designate this property as City Block No. 283, Lot Nos. 7, 7.1, and the southern portion of Lot No. 5. No proponents or opponents spoke and a report was given by the Director of Community Development that the Planning and Zoning Commission recommended approval because of the following reasons: May 6, 1975 Continued 1. No plan exists for the property. 2. All adjacent property is zoned Commercial and is not restricted with any conditions. 3. It is felt that the conditions of a 100 foot setback and the prohibition against metal buildings serves no useful purpose. In fact, the 100 foot setback requirement could conceivably cause problems if the land were developed in that way. Since all adjacent property is required to provide only a 50 foot setback, if a building were to be set back 100 feet it would be facing the neighbor's rear yard. Motion was made by Stephens, seconded by Mitchell that the petition be approved. Motion carried. 7. The Council considered the request to transfer ownership title of Fish-O-Rama, Inc., located at Hickory Creek Park, to Mr. and Mrs. Robert Brmvning, Jr. and Robert Browning III. Robert Browning, Jr. was present and stated that he understood all conditions required. Motion was made by Mitchell, seconded by Stephens to approve transfer ownership title of Fish-O-Rama to Mr. and Mrs. Robert Browning, Jr. and Robert Browning III., and to authorize the Mayor to sign. Motion carried. 8. Harlan Jones, Division Manager of General Telephone Company, appeared relative to a telephone rate increase. The Mayor requested the City Attorney to review General Telephone's request, that a study session be held by the Council, and that the City Manager arrange a meeting of the Council with the Research and Economic Development Board to discuss the request. The Council concurred. 9. The Council considered the request of the Coast Guard Auxiliary to place a 12' x 20' Morgan Building at Hickory Creek Park on land now leased to HundleyMarina. James Elium III, Commander of the Flotilla S9, stated that Mr. Hundley had agreed to the request and that the Parks and Recreation Board recommended approval. The Mayor requested that a lease agreement between Hundley and the Coast Guard Auxiliary be approved. Motion was made by Stephens, seconded by Mitchell that the request be approved and that the City Attorney be directed to prepare the necessary conditions. Motion carried. 10. Motion was made by King, seconded by Mitchell that Mayor Jester be designated Voting Representative from the City of Denton to the North Central Texas Council of Governments for the year 1975-76. Motion carried. 11. The Council considered recommendations on the personnel policy of group hospitalization insurance. Motion was made by Mitchell, seconded by King that the following policy on group hospitalization and life insurance be approved: (A) Ail employees, active or retired, are eligible for health and life insurance until both the employee and spouse become eligible for Medicare. May 6, 1975 Continued (B) The existing policy with Blue Cross-Blue Shield has a guaranteed conversion policy for all personnel leaving the City which is non-cancellable except for failure to pay premiums. (C) All employees and retired employees and spouse upon becoming eligible for Medicare are guaranteed a Medicare Supplemental Policy with Blue Cross-Blue Shield. Motion carried. 12. The Council cons~idered an Ordinance annexing land contiguous and adjacent to the City of Denton as requested by David Gleeson. The City Attorney stated that more than 21 days had passed since the original public hearing was held on April 15, and that another hearing must be held in order to meet State statute requirements. He also stated that the land must be annexed prior to zoning. Motion was made by King, seconded by Mitchell that the Council take necessary steps for a hearing on annexation and that a letter of apology for the delay and inconvenience be sent to Mr. Gleeson. Motion carried. 13. The following Resolution was presented: AT A REGULAR MEETING OF TF~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAII) CITY ON THE 6TH DAY OF MAY, A.D. 1975. RESOLUTION WHEREAS, the City of Denton is installing an eight inch (8") sewer line which will cross under right-of-way and trackage owned by the Texas & Pacific Railway Company at Mile Post 209.69; and WHEREAS, the railway compa~y is willing to permit the City of Denton to cross under the right-ow~way at Mile Post 209.69, providing the City of Denton enters into a pipeline license agreement with the railway company, and pay the sum of One Hundred Dollars ($100.00) for the license; and WHEREAS, it will be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the pipeline license agreement; and WHEREAS, the Texas & Pacific Railway Company has requested the Mayor of the City of Denton to sign the lic. ense agreement on behalf of the City of Denton; now, therefore, B~ IT RESOLVED BY THE CITY COL~CIL OF THE CITY OF DENTON, TEXAS THAT: The Honorable Mayor Tom D. Jester, Jr., be authorized to sign a Pipeline License Agreement with the Texas & Pacific Railway Company for installation of an eight inch (8") sewer line under the trackage and right-of-way at Mile Post 209.69 in Denton, Texas PASSED AND APPROVED this t~e 6t~ day of M~y, A.D. 1975. /si TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY S~CRETARY CITY OF DENTON, TEXAS May 6, 1975 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Hughes that the Resolution be passed. On roll call vote Mitchell voted "aye", Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 14. The Council considered approval of a contract for material testing services on Bell-McKinney Street paving project with Trinity Engineering Testing Co~). The Director of Community Development briefed the Council. Council Men~)er Stephens suggested that other bids be obtained before making a final decision. Motion was made by Stephens, seconded by Hughes to postpone awarding of a contract until quotes from other firms have been received. Motion carried. 15. The Council considered bids submitted relative to the awarding of the Bell-McKinney paving project. The Director of Conmunity Development briefed the Council, stating that the City staff strongly recommended that the concrete pavement alternate bid of J. L. Bertram Construction Company be accepted as the lowest and best over all bid. Motion was made by Hughes, s~conded by Mitchell that the bid be awarded to J. L. Bertram Construction Company for concrete pavement at a low bid of $839,842.26. Motion carried. 16. The Council considered approval of a proposal by Truett Laboratories for a maintenance agreement relative to Micro-organisms at the Waste Water Disposal Plant. Following a briefing by the Director of Utilities and a lengthy discussion, motion was made by King, seconded by Hughes that a contract with Truett Laboratories be approved as recommended by the Utilities Board and the City Staff. Motion carried. 17. The Council considered approval of a purchase request for telemetering equipment to be installed in connection with the North Interchange at North Elm and Hercules in the amount of $18,450. The Director of Utilities briefed the Council, and during the discussion that followed, Council member Hughes asked for a report of costs of TMPP for the City of Denton. The Manager stated that this information is available. Motion was made by Stephens, seconded by Hughes that a purchase order to Leeds and Northrup Company for one lot of telemetering equipment in the amount of $18,450 be approved. Motion carried. 18. Motion was made by King, seconded by Hughes that Tom Harpool, Chairman of 'the Utilities Board, be appointed Denton representative to meet with the Denton-Collin County Small Cities Association. Motion carried. May 6, 1975 Continued 19. Motion was made by King, seconded by Hughes that the following vouchers and purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS The Marley Company $1,600.00 (To be reimbursed by Insurance) Wilson Cormpany (P.O. #25486) $1,588.40 VOUCHERS Cummins Supply (P.O. #25323) $1,075.50 Shaw Equipment (P.O. #25154) $2,092.35 Gulf Oil Corp. (P.O.. #25340) $5,709.89 U. $. Postmaster $2,000.00 U. S. Postmaster $2,000.00 Motion carried. 20. Motion was made by ]Ling, seconded by Stephens that Council member Elinor Hughes and Bill Utter be designated as official Regional Transportation Policy Con~nittee Members for 1975-76. Motion carried. 21. Con~nents and Recommendations by Council Members: (A) Council member Hughes submitted a draft to the City Attorney of a proposed minute order which would require all Council members, the Mayor, Board members or City employees to account for any travel money received for trips, schools and seminars they attend at City expense. The City Attorney was instructed by the Council to prepare a minute order in the appropriate form for consideration at the next regular meeting. Council member Hughes also referred to proposed ordinances that had not been approved or dis~proved. She suggested that the proposed swimming pool ordinance be acted upon at the next regular meeting, and that the staff advise commercial pool owners and private pool owners giving lessons the date the proposed ordinance will be considered. (B) Mayor Pro T~a King requested that the Director of Con~nunity Development prepare a draft of an ordinance to change the amount of land necessary for Planned Development. (C) Council member Stephens thanked the staff for their work in preparing material for the retreat. He suggested that such material be placed in the City-County Library along with other City documents of public interest. He also requested that copies of minutes of the Council, Boards and Commissions be placed in the Library m~d be included in the Council members' packets. (D) The Mayor suggested that a Charter Revision Commission consisting of fifteen members be appointed, with five Council Members acting as Ex Officio members. The Commission would be a recommending group. Council member Hughes stated that the Council members should not be on the Commission. (E) Council member Mitchell stated that the City meet to discuss the creation of a tri-ethnic committee. The City Attorney was directed to draw up an appropriate form to create such a committee. May 6, 1975 Continued 22. The Council adjourned into F~ecutive Session at 10:45 p.m. 23. The Council reconvened into public session at 11:10 p.m. Motion was made by King, seconded by Mitchell that the Compromise and Settlement Agreement between the City of Denton and Industrial Indemnity Company arising out of the water production plant expansion contract with A.~E. Mitchell Construction Company be approved and the Mayor be authorized to e×ecute the Compromise and Settlement Agreement in behalf of the City, and that the sum of $57,531.99 be approved for payment to Industrial Indemnity Company. Motion carried. Meeting adjourned at 11:15 p.m. MAYOR ' ~// ~// Municipal Building ~.4ay 20, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 20, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, ~ayor Pro Tern King, Council Members Stephens, Hughes and Mitchell; City ~{anager,. City Attorney and City Secretary ABSENT: Assistant City Manager 1. Motion was made by Stephens, seconded by Mitchell that the minutes of the regular meeting of May 6, 1975 be approved. Motion carried. 2. BIDS: (A) #8256 Water Treatment Chemicals Motion was made by King, seconded by Hughes that the bid be awarded to the lowest and best bid meeting specifications, Stauffer Chemical Company, at a price of $118.62 per ton, FOB Denton. Motion carried. (B) #8266 Traffic Signal Poles & Hangers Motion was made by Stephens, seconded by King that the bid be awarded to the low bidder, General Electric Supply Company, for item 1, poles and item 2, hangers, at a total over all bid on both items of $14,500. Motion carried. (C) #8267 Traffic Controllers, Signals & Cable Motion was made by' King, seconded by Hughes that the bid be awarded to the low bidders as follows: Item 1 to Eagle Signal Corporation at $1,435 each Item 2 to Automatic Signal at $183.20 each Item 3 to Automatic Signal at $145.00 each Item 4 to Econolite at $510.00 per thousand feet Item 5 to Econolite at $312.00 per thousand feet Motion carried. (D) #8270 Boring under Railroad at Johnson & ~ill Streets Motion was made by Hughes, seconded by Stephens that the bid be awarded to the lowest and best bidder, C. B. Services Corporation at $20.00 per foot. Motion carried. 3. The following Resolutio:~ was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MAY, A.D. 1975. RESOLUTION WHEREAS, the City of Denton is ir~stalling a forty-two inch (42") water pipe line which will cross under right-of-way and trackage owned by the Missouri-Kansas-Texas Railroad Company at Mile Posts 7215.09 and 723.29; and WHEREAS, the railroad company is willing to permit the City of Denton to cross under the right-of-way at Mile Post 723.09 and 723.29 providing the City of Denton enters into a pipeline license agreement with the railroad company, and pay the sum of Three Hundred Ninety-Five and No/100 ($395.00) for the license; and WHEREAS, it will be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the pipeline license agreement; and May 20, 1975 Continued ~tEREAS, the Missouri~Kansas-Texas Railroad Company has requested the Mayor of the City of Denton to sign the license agreement on behalf of the City of Denton; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: The Honorable Mayor Tom D. Jester, Jr. be authorized to sign a Pipeline License Agreement with the Missouri-Kansas~Texas Railroad Company for installation of a forty-two inch (42") water pipe line under the trackage and right-of-way at Mile Posts 723.09 and 723.29 in Denton, Texas. PASSED AND APPROVED this the 20th day of May, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: Is/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Hughes that the Resolution be passed. ~x roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 4. REFERRAL: Motion was made by Stephens, seconded by Hughes that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) S-102, the petition of Mrs. Ella Dalton, requesting that a Specific Use Permit be granted for the operation of a day nursery at 808 Sherman Drive. This property is further described as being approximately 1.5 acres of land located on the east side of Sherman Drive near the intersection of Hurst Street. This site is presently occupied by Kiddie Korral. Motion carried. $. PUBLIC HEARINGS: (A) A public hearing was held on the acceptance of assessment paving petitions on Hettie Street between McKinney and Paisley Street, and on Peach Street between Fowler and Bell Avenue. Three persons spoke in favor of the petition on Hettie Street and 3 spoke in opposition, all three in opposition stating that they were unable to pay for paving costs. The Director of Community Development stated that 68% of the land owners on Hettie owning 74% of the footage had signed for paving. Motion was made by King, seconded by Hughes that assessment paving petitions on Hettie Street between McKinney and Paisley be accepted. Motion carried. One spoke in favor of the Peach Street petitions, stating that all land o~ers have signed except one who was not financially able. Council Member Stephens inquired if the City could arrange a longer pay out. Motion was made by Stephens, seconded by Hughes to accept the Peach Street paving petitions. Motion carried with King abstaining. May 20, 1975 Continued (B) A public hearing was held on Z-1249, the appeal of Mr. Lewis Behringer and Mr. David Goodeill, requesting that the zoning classification of 503-507 Pearl Street, 311-313 Carroll Boulevard, and 516 West Oak Street be changed from the Multi-Family (~F~i) to the Office Classification. This property is further described as being three lots on the southwest corner of Pearl and Carroll and two lots on the north side of West Oak. Five citizens in the West Oak, Pearl Street area spoke against the appeal, stating that the zoning would jeopardize the purpose of the thoroughfare, that beautiful historic homes were in the area and should be preserved for historic zoning. There were no proponents present. Motion was made by King, seconded by Mitchell that the matter be tabled for further study. ~otion carried 3 to 2. 6. Mr. Telmo Franko appeared before the Council to request that space in the City parks be set aside for soccer fields, stating that presently there were 250 boys in a soccer league and many more would be in the program if fields were available. The Mayor advised that the Council would investigate the possibilities, and suggested that Mr. Franko meet with the Parks Board. 7. Ralph Leach, representing SPAN, appeared before the Council concerning a possible grant for SPAN activities. He stated that two specially built buses with a 15 to 17 passenger capacity had been obtained from the State and that the State would own the buses. He added that SPAN had applied for Federal assistance and that the Federal Government would underwrite 80% of the cost of SPAN operation with 20% from local sources. He requested that Denton fund $991.25. Motion was made by ~ghes, seconded by King to fund the SPAN program in the amount of $991.25. Motio~ carried. 8. Teresa Downey appeared relative to parking exceptions for handicapped people. She suggested that parking stickers be issued handicapped persons since it was very difficult for them to move their cars every 2 hours. ~ Council Member Hughes stated that North Texas State University was ::~r~:ng--~ ~ ordinance to present to the Council relative to parking for the handicapped. The Mayor stated that the matter would be placed on a future agenda. 9. Paul A. Hyman appeared before the Council relative to the sale of ice cream, etc. on City streets. Motion was made by F~2ghes, seconded by Mitchell that the request be granted and the appropriate permit be issued after all required conditions have been met. Motion carried. 10. Kenneth Griffith, Chairman of the Denton Slow Pitch Association, and G. L. Seligmann appeared before the Council requesting additional apace for softball fields in City parks. They stated that over 60 softball teams were now playing and that there were over 1,000 participants. They stated that water and toilet facilities were needed at Fred Moore, Strickland and Denia parks. They stated that they would like a softball complex. Mr. Seligmann asked if North Texas State University could be contacted for playing space for make up games on weekends, and suggested use of space at Evers Park that is not being used by Little League. He stated that a single bond issue for parks expansion would be backed. Council Member suggested that the North Parks area was a possibility for additional fields. 11. Doug Hill, Denton Kiwanis appeared to request a permit for the annual fire works show on July 4, 1975. Hill stated that all requirements for approval had been met. Motion was made by Stephens, seconded by Mitchell that th~ permit be issued. Motion carried. May 20, 1975 Continued 12. Richard Spell, 1908 Stonegate, appeared relative to a drainage problem on Stonegate. During the discussion it was pointed out by the Manager that there were many problems in the area and to solve them would be very expensive~-that solving the problem in one area would cause problems in others. Following a discussion, ~the Mayor said that Mr. Spell's question had not been answered but that the City would try. 13. Motion was made by Stephens, seconded by King to authorize the Mayor to write a letter of approval to the North Texas Education and Training Cooperative to operate manpower activities within the boundaries of the City of Denton, the program to be provided by the Comprehensive F~mployment Training Act of 1973, as amended, and contracted through the Texas Department of Cormnunity Affairs. Motion carried. 14. The Council considered a proposed ordinance regulating operation and maintei~nce of public swin~ning pools. Moon Chen, Chief Sanitarian of the City County Health Unit, spoke in favor of the ordinance and Dick Kelsey, Attorney, representing 13 apartment owners, spoke in opposition. He stated that the ordinance was very oppressive and that the present ordinance was adequate. He added that passage of the ordinance would result in the shut down of most swimming pools, but that apartment owners were not opposed to reasonable restrictions. Motion was made by Hughes, seconded by Stephens to table the ordinance until a meeting between the Health Department, apartment owners and pool owners to attempt a compromise, with a 2 week notice to the pool owners as to the time o£ the meeting. ~he motion failed 3 to 2. Motion was then made by Mitchell, seconded by King that the ordinance be disapproved. Motion carried 3 to 2. 15. Motion was made by Stephens, seconded by Mitchell that an agreement be approved with the Coast Guard Auxiliary to place a Morgan building at Hickory Creek Marina and the Mayor be authorized to sign. Motion carried. 16. The following ordinance was presented: ORDINANCE NO. 75-11 (Community Development Department) ~ ORDINANCE AMENDING TH~ ZONING MAP OF TH~ CITY OF DENTON, TEXAS, AS SAM~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 7, 7.1 AND THE SOUTheRN PORTION OF LOT NO. 5, BLOCK NO. 283, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF TH~ CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREINI AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Hughes t~at the ordinance be passed. On roll call vote Mitchell voted "aye", Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 17. The following ordinance was presented: OP~DINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, ARTICLE V "WEF~DS ON PRIYATE PP~EMISES", SECTION 12~26, BY EXEMPTING ~ ZONED AGRICUL~J~AL FROM THE PROVISIONS OF SAID ORDINANCe; A~ DECLARING AN EFFECTIVE DAT~. Motion was made by King, seconded by Stephens that t~e ordinance passed. On roll call vote Hughes voted "aye", Stephens voted "a~e", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 18. Motion was made bF King, seconded b)~ Hughes to authorize the staff to take bids on bank depository for City funds. Motion carried. May 20, 1975 Continued 19. The following ordinance was presented: OPd)INANCE NO. 75-13 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A "CO~V~V~/NITY ETHNIC RELATIONS BOARD"; PROVIDING A DECLARATION OF POLICY~ PROVIDING FOR CREATION OF A CO~4UNITY ETHNIC RELATIONS BOARD AND PROVIDING FUNCTIONS FOR SAID BOARD; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Hughes that the ordinance be passed with the Board to be named "Community Ethnic Relations Board", to Be composed of 9 members and a chairman, vice-chairman and secretary to be selected from its own membership within 30 days after effective date of this ordinance. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 20. Motion was made by Stephens, seconded by Mitchell to approve a contract with J. L. Bertram Construction Company for the Bell~McKinney Project and to authorize the Mayor to sign same.. Motion carried. 21. The following Resolution was presented: AT A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON TEXAS~ HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MAY, A.D. 1975. P~SOLUTION WHEREAS, it is a public necessity to obtain certain properties for street improve~. ments in the City of Denton; WHYS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of Sixty~one Thousand Two Hundred Nineteen and 25/100 ($61,219.25) Dollars costs of closing included; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to U.S. Life and Title Company in the amount of Thirteen Thousand One Hundred Ninety and 25/100 ~$13,190.25); the amount of Nine Thousand Nine Hundred and No/100 $9,900.00) be expended to the County Clerk's Office for Eminent Domain Awards and the sum of Thirty-Eight Thousand One Htn~dred Twenty-Nine and No/100 ~$38,129.00) be expended as miscellaneous expenditures as per the attached addendum affixed hereto. PASSED AND APPROVED this the 20t2~ day of May, A.D. 1975. /s/ TOM D. JESTER, JR. MAYOR CITY OF DENTON, TEXAS AT~EST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A~TORNEY CITY OF DENTON, TEXAS May 20, 1975 Continued ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS: U. S. LIFE & TITLE COMPANY: F. H. Kent Pearl $5,284.00 Closing Costs 123.00 Mrs. Tracy H. Davis Pearl 3,814.00 Marion R. Roberts McKinney Closing Costs 185.75 Mrs. Pearl B. Stuart Pearl 3,608.00 Claude Miller Wilson Closing Costs 68.00 George C. Goen Pearl Closing Costs 107.50 $13,190.25 COUNTY CLERK'S OFFICE FOR EMINENT DOMAIN AWARDS: R. E. Jermings Blount $7,400.00 J. L. Franklin, et al Wainwright 1,000.00 J. L. Franklin East Mill 1,S00.00 $ 9,900.00 MISCELLANEOUS EXPENDITURES: Early B. Milstead Appraisals $1,675.00 Jerry L. Gage Appraisals 11,100.00 Marion R. Roberts Pearl 20,250.00 George C. Goen Pearl 4,400.00 Real Estate Services Testimony & 500.00 Appraisals Real Estate Services 812 Wainwright 150.00 Coleman, Philips & Service 54.00 Wh.i te $38,129.00 TOTAL $61,219.25 Motion was made by King, seconded by Hughes that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 22. The Council considered amendment to the ordinance creating the Research and Economic Development Board by adding six additional members. Council member Stephens suggested consideration of members in diversified categories of interest, stating that this would give the Board a wider spectrum and input to make the Board more effective. Mo~~d~Tb~Step~i~ ,~ _~ed by Hughes that the amendment to the ordinance be a~~'~kcal~te .StePhens voted "aye", Hughes voted "are", Mitchell voted '~?Gl~ed~'~YRy~'~ester voted "nay". Motion failed 3 to 2. 23. The following Minute Order was presented; May 2(1, 19~5 Continued M~NUTE ORDER That the City Council of the City of Denton, Texas, does hereby direct and instruct the City Manager and the Director of Finance to reimburse any Councilperson, Mayor, Board Member or City F~mployee of the City of Denton, Texas, for expenses incurred in furthering City business or resulting from an activity conducted on behalf of the City upon receipt of a properly documented and signed expense statement, that statement being the Expense Report Form 95976 presently required of City Employees and further to account for expemtiture of advanced funds through expense report statement signed by the person who incurs those expenses. /s/ TOM D. JESTER, JR., MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Stephens that the minute order be approved. Motion carried. 24. The Director of Cormnunity Development distributed copies of the drainage plan, drainage manual and soil survey for the Denton area. 25. The Council discussed a memo from the Planning and Zoning Commission regarding a joint meeting to discuss the southern portion of Loop 288 and alternatives to this project. The City Manager reconm~ended that such a session be arranged. The Mayor requested the Manager to set up the meeting for Tuesday., 27 at 4 p.m. The Council concurred. 26. Motion was made by King, seconded by Mitchell that payment in the amount of approximately $6,200 for participation in the Donton County Fire Ant Control Program be approved. Motion carried. 27. The Council considered replacement of variable speed pump control at the Waste Water Treatment Plant. Following a briefing by the City Manager and the Water and Sewer Superintendent motion was made by Hughes, seconded by King to authorize the purchase of a Eddy-Current Coupling tyt~e drive from Electric Machinery at a price of $2,334. Motion carried. 28. Motion was made by King, seconded by Stephens that the following vouchers and purchase order in excess of $1,000 be approved: PURCHASE ORDER Gulf Oil Corp. (P.O. #25650) 2 loads of Good Gulf Regular gasoline (16,000 gallons at .317 per gallon.) VOUCHERS Westinghouse Supply ([P.O. #25310) $2,3~7.20 Cummins Supply (P.O. #25241) $3,549.56 Gulf Oil Corporation (P.O. #25540) $9,027.32 Motion carried. 29. Motion was made by ~Mghes, seconded by Mitchell that the Tax Adjustment Report for May, 1975 in the amount of $5~0.18 be approved. Motion carried. 30. Council Member Stephens requested that the City Manager contact the Parks Board relative to plans for the North Lakes area. 31. The Council adjourned into Executive Session at 1:20 a.m. 32. The Council reconvened into Public Session at 1:50 a.m. to report that no official action was taken. Meeting adjourned at 1:55 a.m. CITY SECRETARY Municipal Building June 3, 1975 Regular meeting of the City Council, City.of Denton, Texas, ~uesday, June 3, 1975 at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Mitchell and Stephens: City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Mitchell that minutes of the regular meeting of May 20, 1975 be approved with the following corrections as pointed out by Council Member Hughes: (A) Item 8, Paragraph 2 to read (Council Member Hughes stated that North Texas State University was investigating an ordinance to present to the Council relative to parking for handicapped people.) (B) Item 10, Paragraph'2 to read (Council Member Stephens suggested that the North Lakes Park area was a possibility for additional fields.) Motion carried. 2. BIDS: (A) #8250 Distribution Transformers Motion was made by Hughes, seconded by King that the bid be awarded as follows: Item 1 at a total price of $4,040 and Item 2 at a total price of $7,320 to Curmnins Supply, and Item 15 at a total price of $12,025 to Vernon Sales. Motion carried. (B) #8265 Air Switches with Connectors Motion was made by Stephens seconded by Mitchell that the bid be awarded to Cummins Supply at a net price of $1,881.60. Motion carried. (C) #8272 Fence, North Interchange Motion was made by King, seconded by Stephens that the bid be awarded to the low bidder, Hurricane Fence Company, at a price of $7,647.48. Motion carried. 3. REFERRAL: (A) Motion was made by King, seconded by Mitchell that Z-1255, the petition of the Community Development Department, requesting that the zoning classification of the DentonMunicipal Airport property be changed from the Agricultural (A) to the Light Industry (LI) classification (this is a 520 acre tract located on the west end of Airport Road. This property borders F.M. 1515 on the north, east, and west.) be referred to the Planning and Zoning Commission ~or its recommendation. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1253, the petition of Mr. Clark Lyde, requesting that the zoning classification of 910 through 1022 Cleveland Street, and 515 and 521 Eagle Drive be changed from the Single Family (SF-7) to the Multi-family (MF-1) classification. This petition includes 11 lots on the west side of Cleveland Street between Eagle Drive and Collins Street and also two lots that front the south side of Eagle Drive. After hearing 1 proponent and 2 in opposition and a report of approval by the Planning & Zoning Commission, plus a report that 13 letters were received in favor of approval and 4 in opposition~ motion was made by Mitchell, seconded by Ki:~ that the pe~itioh be. approved.as r~commended by the Planning & Zoning Commission. Motion carr~ed.~.~ ~.~ June 3, 1975 Continued (B) A public hearing was held on Z-1225, the petition of Mr. Carnie Marsh, requesting that the zoning classification of 901 and 903 North Elm Street be changed from the Office (O) to the General Retail (GR) classification. This petition is for two lots located on the west side of North Elm Street. Terrell Wheeler Printing is located on the south side of the property. After hearing 1 proponent, but none in opposition, and a report of approval by the Planning and Zoning Commission and that 7 letters were received for and 2 against the petition, motion was made by Stephens, seconded by King that the petition be approved as recommended by the Planning and Zoning Con~nission. Motion carried. (C) A public hearing was held on S~101, the petition of Mr. James McKissack, requesting that he be granted a Specific Use Permit to operate a private club at 113 Avenue A. This property is located on the east side of Avenue A between Hickory and Mulberry Streets. The private club is proposed for the site formerly occupied by Harvey's Jug. After hearing 1 proponent and 1 in opposition, a report of approval by the Planning and Zoning Commissio~that 2 letters were received in favor and 5 in opposition, a discussion which pointed out that private clubs were licensed by the State Liquor Control Board, that the City's responsibility was to either approve or disapprove the zoning, not the moral~ aspects, motion was made by King, seconded by Mitchell that the petition be approved with the following conditions: (1) That the operation of this club by specific use permit shall require licensing and registration from the State Liquor Control Board. (2) That the permit be issued to James P. McKissack for as long as he continues to be owner and/or operator of the private club. (3) A site plan shall be required to show the building layout, parking and seat~ for the club. This plan is to be submitted to the Community Development Department. (4) In accordance to the Uniform Building Code, the maximum occupancy of the club shall be limited to 170 persons at any one time. (5) The required parking shall be based upon one space for every three seats in conformance with the site plan. Motion carried 4 to 1. (D) Motion was made by King, seconded by Hughes that Z~1248, the petition of Mr. David Gleeson, requesting that an 83.8 acre tract of land be considered for annexation and Single Family (SF-10), Two Family (2F), Multi- family (MF-1) and General Retail (GR) zoning classifications (this tract is located on the east side of F.M. 2181 at the intersection of F.M. 2181 and Ryan Road) be tabled. Motion carried. (E) Z-1249, the appeal of Mr. Lewis Behringer and Mr. David Goodell, requesting that the ~oning classification at 503-507 Pearl Street, 311-313 Carroll Boulevard and 516 West Oak Street be changed from the Multi-family (MF-1) to the Office (O) classification (this property is further described as being three lots on the southwest corner of Pearl and Carroll and two lots on the north side of West Oak Street approximately 400 feet west of Carroll) was withdrawn by the petitioner. June 3, 1975 Continued 5. Dr. Ronald Marino appeared to discuss inadequate tennis facilities in Denton. He suggested a central tennis center with 6 to 10 courts. He added that it was almost impossible for children to get on the few courts in Denton. Council Members Hughes and Stephens both suggested that Dr. Marino work through the Parks and Recreation Board for development of a master plan for recreation facilities in the North Lakes Park area. 6. Randall Biddy appeared before the Council to discuss utility rates. He presented letters from citizens relative to utility bills, particularly the lack of understanding of the fuel cost adjustment. Biddy also stated that an ordinance should be passed prohibiting utility funds to be expended for any purpose other than utilities. 7. Mr. David Johnson and his attorney appeared before the Council to review the approval of building plans for the Denton Flying Services, Inc., of Denton. Council Members questioned the incon~leteness of the plans and specifications Mr. Johnson presented. Mr. Johnson stated that the Airport Board had approved the plans. The Mayor pointed out that it was necessary that the complete plans be approved by the Council before signing of a contract. Council Member Stephens inquired as to the co~arison of his proposed buildings with the present airport buildings. Mr. Johnson answered that if the buildings were placed side by side an observer could not tell the difference. Mr. Johnson agreed to have the plans available for the Council by his architect at 9:30 a.m. Wednesday, June 4, 1975. 8. Linda Kester~on appeared, asking for additional tennis courts in the City. During the discussion the Mayor advised that a bond issue would be necessary and that a bond issue election could originate by citizen petition. 9. Harry Down, local developer, voiced his disagreement with the City Weed Control Ordinance. He presented pictures of weeds on and near City owned property. 10. The Council discussed a proposed expenditure of entitlement #6 funds for revenue sharing for the period of July 1, 1975, through June 30, 1976 in the amount of $466,671. The City Manager stated that a former Council had approved revenue sharing funds toreleas~ ,f~nds. for ~bonds yet to be sold for~ street ~improvement prozrams. Council Member Stephens asked that the Council and staff project capital improvement needs since there are many eligible projects that are approved under revenue sharing. In answer to a question by Council Member Stephens, the Manager stated that the Council can change the area of expenditure from revenue sharing but that revenue sharing is now in the present budget, and that a portion of the money is tentatively committed. Council Member Stephens stated that he would like to see figures before publication of fund allocations. 11. The Council considered approval of a contract for material testing services on the Bell-McKinney paving project. The Director of Community Development presented a list of bids by six testing firms and recommended Trinity Engineering Testing Corporation. Motion was made by Hughes, seconded by Mitchell to accept the recommendation of the staff and award the contract to Trinity Engineering Testing Corporation. Motion carried 4 to 1. June 3, 1975 Continued 12. The Council considered the recommendation of the Planning & Zoning Commission that a public hearing be scheduled to consider armexing four areas on the south side of City. Following a briefing by the Director of Comm~nity Development, motion was made by King, seconded by Mitchell to advertise a public hearing on annexation of the following areas: (a)West of Montecito Del Sur Addition between Montecito Addition and Ryan Road-68.13 acres (b) East of Montecito and Montecito Del Sur Addition to Teasley Road-250.28 acres (c) South of 1-35E and east of State School Road (Taliaferro' s Trailer Pa~k) ~ 20.55 acres (d)East-west strip between Argyle and Copper Canyon- 188.94 acres Motion carried. 13. The Council considered approval of consultants to prepare a presentation to the Railroad Commission on Docket No. 600 for the Texas ~unicipal Power Pool. Im briefing the Council the City Manager stated that the case before the Commission restricted use of natural gas for boiler fuel, and that a consultant hired by ~MPP would plead before the Railroad Commission that boiler fuel should not be restricted from natural gas. He added that Denton's share of the cost for consultants would be approximately $2,000. Motion was made by Hughes, seconded by Mitchell to approve participation with ~MPP for a consultant to appear before the Railroad Commission in the amount of $2,000. Motion carried. 14. The Council considered approval of addition to the Texas Municipal Power Pool Budget for Bryan Lignite Project. The City Manager advised the Council that because of increased activity in lignite leasing in the Bryan area it was necessary to increase efforts by consultants employed by the TMPP. It was also pointed out that an additional amount of $40,000 was needed as a supplement to the interim budget, with Denton's share $4,740. This was recommended by the Utilities Board. Motion was made by Mitchell, seconded by King to approve the supplement to the TMPP Budget and to approve expenditure of Denton's share in the amount of $4,740. Motion carried. Following the motion, Council Member Hughes stated that the Council should be made aware of changes in the budget. The City Manager stated that the budget, like any plan, must be flexible, and that when an emergency occurs the staff must change priorities. He added that the City must maintain management flexibility in its budget, and that a revised budget will be brought to the Co~cil. 15. The following Resolution was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DF~NTON, T~XAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON TH~ 3RD DAY OF JUNE, A.D. 1975. RESOLUTION WHEREAS, the City of Denton is desirous of constructing, maintaining and using upon and across the right-of-way of the Texas & Pacific Railway Company a retain- ing wall and to attach the same to the westerly side of the northly abutment of the underpass at the intersection of U. S. Highway 77 and the Railroad Company's tract at a point 1,336 feet northwest of Railroad Company's Mile Post No. 210, in the City of Denton, Denton County, Texas; and June 3, 1975 Continued WHERF~S, the Railroad Company is willing to permit the City to construct, maintain and use said retaining wall; and WHEREAS, it will be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the agreement entered into between the Texas & Pacific Railway Company, The State of Texas, and the City of Denton; and ¥~HEREAS, the other parties to this agreement have requested the Mayor of the City of Denton to sign the agreement on behalf of the City of Denton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, THAT: The Honorable Mayor Tom D. Jester, Jr., be authorized to sign an agreement with the Texas & Pacific Railway Company and The State of Texas for the construction, maintenance and use upon and across the right-of-way of the railway company for the construction of a retaining wall and to attach the same to the westerly side of the northerly abutment of the underpass at the intersection of U. S. Highway 77 and Railway Company's Track at a point 1,336 feet northwest of the Railroad Company's Mile Post No. 210, in the City of Denton, Denton County, Texas. PASSED AND APPROVED this the 3rd day of June, A. D. 1975. /s/ TOM D. J~STER, JR., MAYOR CITY OF DENTON, TEXAS A~TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHA~, CITY A~TORNEY CITY OF DENTON, TEXAS Motio~s~de by S~phe~conded by Hughes that the Resolution be passed. O~Rl~Mit~vot~ "aye", Stephens voted "aye", Hughes voted "aye~~~%~~voted "aye". Motion carried. 16. Moti~~ was nm~-~y Stephens, seconded by Mitchell that the following Purchase Order in'excess ~ $1,000 be approved for payment: Utility Equipment Co. (P.O. #2S462) $1,180.93 Motion carried. 17. Council Member Stephens asked if the City has taken an active part in the Bicentennial Celebration plans, and suggested that Dr. J. C. Matthews, Chairman of the Bicentennial Committee of Denton County be invited to attend a Council meeting to discuss Bicentennial Celebration plans. The Mayor advised that the City had passed a Resolution and presented a copy to Dr. Matthews, indicating the City's intention to participate in the celebration. June 3, 1975 Continued 18. The Council adjourned into Executive Session at 11:22 p.m. and reconvened into public session at 9:30 a.m. June 4, 1975, with Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary present. 19. The City Manager briefed the Council relative to a salary increase of 3% for all City employees effective June 1, 197S. He added that this represents an approximate cost of $40,000. The Mayor endorsed the proposed pay raise, stating that it was most important to all City employees. Council Member Stephens inquired as to where the money would come from. The Manager answered that these funds were saved through belt tightening in each City Department. Motion was made by Stephens, seconded by Hughes to approve a 3% raise for all employees effective June 1, 197S with the understanding that every effort be made to provide an additional raise on October 1, 1975. Motion carried. 20. Bob Miller, architect for the Denton Flying Service presented plans for their proposed structures at the Municipal Airport. Airport Advisory Board Members John Moellinger and A1 Crawford were present to state that the Airport Board had recommended that the plans be accepted. Motion was made by Stephens, seconded by Mitchell to authorize the Mayor to sign a contract with Denton Flying Service with the understanding that the main hangar be not less 'than 100' x 125', that the T-hangar be not less than 30' x 480' with a capacity of m~t less than 15 airplanes-that the Building Inspection Department approve the site location and plans~that the Engineering Department survey and provide exact field notes represented by dash lines on exhibit B of the contract and that the field notes become a part of the contract and the buildings conform to the plans furnished by the architect. Motion carried. (Plans filed in packet #4744-City Secretary's File) Mayor Jester left for a scheduled court session and was not present for the vote. Meeting adjourned at 10:40 a.m. I~YOR CITY SECRETARY Municipal Building June 17, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 17, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tern King, Council Members Hughes, Mitchell and Stephens; Assistant City Manager, City Attorney and City Secretary. ABSENT: City Manager 1. Motion was made by King, seconded by Stephens that the minutes of the regular meeting of June 3, 1975 be approved. Motion carried. 2. BIDS: (A) #8273 Gasoline & Oil Motion was made by Hughes, seconded by Stephens that the bid be awarded as follows, as recommended by the Staff: Caruthers Oil Company Items 3, 7 & 8 Ben Ivey Oil Company Item 4 Gulf Oil Company Items 1, 2, 5 & 6 Motion carried with Jester abstaining. lB) #8276 Crawler/Loader with Ripper Motion was made by Stephens, seconded by King that the bid be awarded to Shaw Equipment Company, the low bidder, at a price of $83,039 less $31,539 trade-in for rig #2500, leaving a net total of $51,500. Motion carried. 3. REFERRAL: (A) Motion was made by Hughes, seconded by King that S-100, the petition of Mr. Jimacie N. Beard, requesting that he be granted a Specific Use Permit for a mobile home park at 2504 Spencer Drive (this property is located on the south side of Spencer Drive across from the American Legion Building-this mobile home park is intended for one mobile home only) be referred to the Planning and Zoning Commission. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1254, the petition of the Community Development Department requesting that the zoning classification of three lots in the 1900 Block of West Oak Street be changed from the ~lti-family (MF-1) to the Single Family (SF-7) classification. This property is located on the north side of West Oak Street near the intersection of Bradley Street. The request includes 1920, 1914 and 1910 West Oak Street. After hearing 3 proponents but none speaking in opposition and a report by the Director of Community Development that the Planning and Zoning Commission had recommended approval and that 44 letters had been mailed to the surrounding land owners with 35 indicating approval and 3 in opposition, motion was made by King, seconded by Stephens that the petition be approved. Motion carried. (B) A public hearing was held on Z-1248, the petition of Mr. David Gleeson, requesting that an 83.8 acre tract of land be considered for armexation and Single Family (SF-10), Two Family (2F), M~lti-Family [MF-1] and General Retail (GR) zoning classifications. This tract is located on the east side of F.M. 2181 at the intersection of F.M. 2181 and Ryan Road. Motion was made by Stephens, seconded by King that the petition be tabled since the petitioner or a representative was not present. Motion carried. June 17, 1975 Continued 5. Dr. J. C. Matthews, Chairman of the Denton County Bicentennial Committee, stated that Denton County had received State and Federal Bicentennial approval, with 15 of the 23 incorporated towns and cities in the County asking for such approval. Dr. Matthews pointed out some of the projects that were underway for the celebration were public p~ks, transportation, architectural studies of houses and buildings, 3 projects on Emily Fowler Library, historical maps of Denton County, Denton County historical art center and restoring cemeteries. He stated that the Committee ~s in dire need of financial help. Council Member Stephens asked Dr. Matthews what he recommended that the City Council do. Dr. ~atthews answered that he recommended $2,000. The Mayor stated 'that the Council would consider the matter and hoped that the City could come up with financial aid. 6. Mr. James E. Frisby appeared relative to drainage problems in the Lindsey-McCormick Street area of the City. He inquired as to why the City had not honored the agreement with the Highway Department to take care of the drainage indicated in their original agreement with the Highway Department when 1-35E was constructed. He was particularly concerned that a drainage ditch was very near the foundation of a house he owns on Lindsey Street. He asked that the City secure easements and construct drainage as agreed to with the Texas Highway Department in 1957. The Mayor assured Mr.. Frisby that the Council would try to help and would contact him soon. 7. Ronnie Roberts, President of Denton Boys Baseball, stated that at present there were 54 baseball teams playing in Denton, with 850 to 900 boys involved. He added that there were many participating volunteer organizations with 50 volunteers who worked with the boys, and that the teams have sponsors and that boy's baseball provides all insurance. He stated that the City provided officials and playing fields. He voiced concern that Denton is halfway from where it ought to be in the num~ber of lighted diamonds, adding that Pee Wee teams were playing on unlighted fields and that 4 Little League and Pee Wee lighted diamonds were needed, 2 in Pony League and 1 regulation size park for the older boys. The Mayor stated thai; a bond issue approval would be necessary for these capital i~provements, and Council Member Hughes suggested that Mr. Roberts meet with the Parks and Recreation Board. 8. Mr. Desi Ortiz appeared relative to the use of Federal Revenue Sharing funds. He voiced concern that funds were not available for social services such as the aged and poor, education, social development, housing and community development, economic development and public transportation. He said that a public hearing had not been arranged, although it was required by law. Council Member Hughes stated, in defense of the Council, that there has been clarification on public hearings, that City and Revenue Sharing could be heard at the same hearing, and that a hearing should be held as soon as possible. The City Attorney stated that Mrs. Hughes was basically correct, that the Revenue Sharing Budget and over all budget would be heard together; that the Revenue Sharing Planned Use Report would be publicized in the official newspaper, indicating the intention of City spending revenue sharing funds. The proposed fund items mentioned on the report can be changed at a later date. This will give citizens an opportanity to speak. The City Attorney added that Revenue Sharing funds carmot be expended for projects where State or Federal funds are appropriated and it prohibits welfare payments. Council Member Stephens suggested an advisory group be appointed to make recommendations on how Revenue Sb~ring should be spent. June 17, 1975 Continued 9o Mrs. Carol Riddlesperger and Bill William_son appeared before the Council regarding the Retired Senior Volunteer Program, stating that there are 180 senior citizens in the program. Slides were shown, showing the type of volunteer services of RSYP, and it was pointed out that the program needed funds and also office space to work in. The Mayor stated that all information he had relative to RSVP had been good. 10. Council Member King reported to the Council that appointments to various boards and commissions had not yet been finalized and asked that appointments be postponed until next week at a special called session. The Council concurred. 11. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF JUNE, A.D. 1975. RESOLUTION WHEREAS, heretofore the City of Denton, Texas, acquired by purchase a certain tract of land described as a tract of land deeded from William B. King and Elizabeth H. King to the City of Denton as shown in Volume 731, Page 335 of the Deed Records of Denton County, Texas, and dated December 20, 1974; and WHEREAS, said City of Denton, .Texas acquired said land originally for the purpose of streets and right-of-ways in order to use a portion thereof to improve and widen East McKinney Street in the City of Denton, Texas; but the remainder of said land is not needed by the City of Denton, Texas, for public purposes; and WHEREAS, thereafter, the City of Denton, Texas has found it necessary and imperative to take a certain tract of land belonging to Jackie T. Brown, Dale Brown and Kenny Hilger, located on East McKinney Street, and described as follows: All that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Company Survey, Abstract No. 18S, and being part of a tract of land as conveyed from Vivia Whitlock to Humble Oil & Refining Company by deed dated May 2, 1947 and recorded in Volume 335, Page 394 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGI~YNING at the southeast corner of said tract, said point also being the intersection of the west right-of-way line of North Elm Street and the present north right-of-way line of McKinney Street; THENCE west along the present north right~of-way line of McKinne~z Street, same being the south boundary line of said tract, a distance of 95.0 feet to a point for a corner; THENCE north, a distance of 18.0 feet to a point for a corner; THENCE east, 18.0 feet north of and parallel with the south boundary line of said tract, same being the north right~of-way line of McKinney Street, a distance of 95.0 feet to a point for a corner in the east boundary line of said tract, same being the west right-of-way of North Elm Street; THENCE south along the east boundary line of said tract, same being the west right-of-way line of North Elm Street, a distance of 18.0 feet to the place of beginning and containing 1,710.0 square feet of land, more or less. June 17, 1975 Continued WHEREAS, the City of Denton, Texas, acting by and through its Council has determined that it would be advantageous for said City of Denton, Texas to convey a portion of the tract herein described that was purchased from Mr. & Mrs. King to the said Jackie T. Brown, Dale Brown and Kenny Hilger by way of exchange for the land to be purchased from Jackie T. Brown, Dale Brown and Kenny Hilger as next hereinabove described; and WHEREAS, the City of Denton, Texas has obtained an appraisal of that portion of the land proposed to be conveyed to the said Jackie T. Brown, Dale Brown and Kenny Hilger, said appraisal[ having been made by Jerry L. Gage, competent appraiser residing in the City and County of Denton, State of Texas, who is wholly disinterested in said ~tter, and said appraiser has appraised the market value of said land to be the sl~n of Five Thousand Dollars C$5,000.00); and WHEREAS, the said appraiser has determined the fair m~rket value of the damages to the property owned by Jackie T. Brown, Dale Brown, and Kenny Hilger for the portion of said tract to be taken by the City of Denton for street right-of-way purposes to be the sum of Eight Thousand Seven Hundred and Ninety Dollars ($8,790.00); and WHEREAS, the City of Denton, Texas and Jackie T. Brown, Dale Brown and Kenny Hilger have agreed to exchange the property and for the City of Denton, Texas, to pay the additional sum ofTtmee Thousand Five Hundred Dollars ~3,500.00) to Jackie T. Brown, Dale Brown and Kenny Hilger for the value of the land to be taken by the City of Denton from the said Jackie T. Brown, Dale Brown and Kenny Hilger. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Mayor of the City of Denton, Texas be authorized and directed to execute, acknowledge and deliver to Jackie T. Brown, Dale Brown and Kenny Hilger, a special Warranty Deed attested by the City Secretary of the City of Denton, Texas, conveying to the said Jackie T. Brown, Dale Brown and Kenny Hilger the following described property. ALL that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of' Texas, and being part of the B.B.B. & C.R.R. Conrpany Survey, Abstract No. 185, and being part of a tract of land as conveyed from William B. King and wife, Elizabeth H. King to the City of Denton, Texas, by deed dated December 20, 1974 s_nd recorded in Volume 731, Page 335 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the west boundary line of said tract, said point being 25.0 feet north of the southwest corner of said tract and 120.0 feet west of the west right-of-way line of North ~lm Street; THENCE north, along the west boundary line of said tract, a distance of 75.0 feet to a point for a corner, same being the northwest corner of said tract; THENCE east, along the north boundary line of said tract, a distance of 25.0 feet to a point for a corner, same being the northeast corner of said tract~ THENCE south along the east boundary line of said tract, a distance of 75.0 feet to a point for a corner; THENCE west, 25.0 feet north of and parallel with t~e south boundary line of said tract, same being the present north right~of-way line of McKinney Street, a distance of 25.0 feet to the place of beginning and containing 1,875.0 square feet of land, more or less. June 17, 1975 Continued The consideration for the execution, acknowledgement and delivery of said Deed is exchange of property as partial consideration to Jackie T. Brown, Dale Brmm and Kenny~ ~ilger for land acquired for street right-of-way, and the City of Denton, Texas will pay the additional sum of Three Thousand Five Hundred Dollars ($3,500.00) in cash so that the exchange of property and the additional cash will amount to the total consideration for the property to be taken from Jackie T. Brown, Dale Brown and Kenny Hilger. PASSED AND APPROVED this the 17th day of June, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. tSHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Mitchell that the Resolution be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 75-14 (Carnie Marsh) AN ORDINANCEAMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAMEWAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAPAPPLIES TO LOTS S AND 6, CITY BLOCK NO. 423, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell voted "aye", Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 13. The following Ordinance was presented: ORDINANCE NO. 75-15 (Clark Lyde) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 25 THROUGH 35 AND LOTS 38 AND 39, CITY BLOCK NO. 316, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by King that the Ordinance be passed, enroll call vote Stephens voted "aye", Hughes voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. .[4. The following Ordinance was presented: ORDINANCE NO. 75,,16 AN ORDINANCEREMOVING PARKING ON THEWEST SIDE OF STUART ROAD BETWEEN HERCULES LANE AND DRIFTWOOD TRAIL; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by King that tie Ordinance be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. June 17, 1975 Continued 15. The following Ordinance was presented: ORDINANCE NO. 75-17 AN ORDINANCE AMENDING CHAPYF~ 4, ARTICLE III (DOG), SECTION 4-41, 'bOGS NOT PERMIT~F~DAT LARGE" OF TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDINGYA PENALTY; PROVIDING A SEFERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Hughes that the Ordinance be passed. On roll call vote Stephens voted "aye", Hughes voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 16. The following Ordinance was presented: ORI)INANCENO. 75-18 AN ORDINANCEAMENDING CHAPteR 19, ARTICLE II "BILLIARD TABLES", SECTION 19~23, BY INCLUDING LICENSEES; PROVIDING A S~FERABILITYCLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell voted "aye", Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 17. The Director of Comm~mity Development briefed the Council and presented a copy of the NTSU-Denton Transit Improvement Plan to each member of the Council, stating that there was no need for action by the Council at this meeting and that there was another booklet to be presented for study. 18. The Council considered the petition of Jack Bell and others requesting that the City quit claim Richardson Street. The Council was briefed by the Assistant City Manager and Director of Community Development who state:d that the Planning and Zoning Commission had approved the quit claim deed with the stipulation that 2 lots be replatted so that all property would have access to the public right-of-way. The Mayor asked if! a~y one in the audience was opposed to the quit claim deed. There was no response. The Mayor suggested that the City Attorney report at the next regular meeting relative to the division of the quit claimed street to abutting property owners. The Council concurred. 19. The Director of Community Development distributed copies of the 1975 National Electrical Code. The Mayor suggested that the matter be placed on the July 1, 1975 Council meeting and that persons concerned with the Code be advised of a hearing when the adoption of the Code will be considered. The Council concurred. 20. The Council discussed Revenue Sharing Entitlement #6 funds for the 1975-76 fiscal year. The Assistant City Manager stated that the General Revenue Sharing Use Report must be published and said that citizens' views on the proposed use of Revenue Sharing funds would be heard until August 1 and that the publishing of the Planned Use Report will not bind the City to the figures included in the report. Council Member Hughes stated that it would be wise for citizens to be advised of the hearing several days prior to the date of the hearing. Motion was made by King, seconded by Mitchell to approve the advertising of the General Revenue Sharing Planned Use Report. Motion carried. June 17, 1975 Continued 21. The Council considered the recommendation of the Public Housing Aut]~rity for the City of Denton to apply for Title II, Section 8 funds of the 1974 Housing and Comnunity Development Act. The Assistant City Manager stated that action had been taken by the Housing Authority to submit an application to HUD requesting all or part of the $254,000 allocated for Denton County by this Act, adding that it was the intent of the Denton Housing Authority to provide low income housing for Denton's underprivileged elderly. ~'~.~ma~=~l-.Member Steph~n~ a~z~F-if ~M~ma]H lnn~ into thc possibility No official action was taken. 22. PURCHASE ORDER AND EMERGF4NCY PURCHASE REQUEST: (A) Motion was made by Stephens, seconded by Hughes that P.O. #25927 for spare parts for unit #4 generator to General Electric Company be approved in the amount of $1,790. Motion carried. (B) Motion was made by King, seconded by Hughes that an emergency purchase request for the glectric Utilities Department in the total approximate amount of $6,109 for breaker controls for fan on Unit #3, wiring, control switch, etc.~ damaged in a fire at the Power Plant on June 16, 1975 be approved. Motion carried. (P. O. #25954) Meeting adjourned at 10:15 p.m. Mm~icipal Building June 24, 1975 Emergency Executive Session of the City Council, City of Denton, Texas, Tuesday, June 24, 1975 at 1:30 p.m. in the Conference Room of theM unicipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Hughes and Mitchell; City M~mager and City Secretary. 1. An Executive Session was held to discuss persor~el. 2. The Council convened into public session in the Council Chambers at 3:10 p.m. Motion was made by King, seconded by Mitchell that the following Denton citizens be named to the Cmmmm~ity Et~nic Relations Board: Julian Rodriguez Gloria Pruett Leo Estrada Rev. Bertrand Bailey Mrs.. Lillie Bell Hunter Sheldon Pendarves Bruce Sweatmon Judy Stewart Father Joe Schumacher Motion carried. Meeting adjourned at 3:20 p.m. ...... '3 MAYOR Municipal Building July 1, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 1, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PP~ES~.~NT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Hughes that the minutes of the regular meeting of June 17, 1975 and the emergency meeting of June 24, 1975 be approved with the following changes on the meeting of June 17, 1975 under item 21, paragraph 3 to read as follows: "Council Member Stephens asked if we should look into the possibility of expanding the project to other groups in addition to Denton's underprivileged elderly. Motion carried. 2. BIDS: (A) #8274 Batteries and Tires for one year Motion was made by Hughes, seconded by Stephens that the bid be awarded as follows: Items 1, 2 & 3 to E.S.B., Inc., the lowest evaluated bidder on batteries. Tires to the low evaluated bidder, Briscoe Tire Company CCooper Tires) on all tires except truck radial steel belted, which are awarded to the low bidder, Sam Laney, Inc. (Firestone Tires) as recommended .by the Staff. Motion carried. (B) #8276~ U~tility Power Poles Mot~ion wak mad~~ by King, 'seconded by Mitchell that the bid be awarded to Colfax_ Creosot.~ng as follows: 35 ft. Class 4 $ 61.95 each 40 ft. Class 3 $ 91.50 each 45 ft. Class 3 $108.75 each 50 ft. Class 3 $126.10 each 55 ft. Class 3 $144.45 each Motion carried. 3. REFERRAL: Motion was made by Mitchell, seconded by Hughes that the following petition be referred to the Planning and Zoning Commission for its reco,,ul~endation: (A) Z-1255, the petition of Mr. Joe Belew, requesting that the zoning classification of two lots in the 1300 block of Greenlee Street be changed from the Single Family (SF-7) to the Commercial (C) classification. The tract, comprising approximately 1.3 acres, is located on the south side of Greenlee Street near the intersection of Greenlee and I~35E. A service station adjoins the west side of this property. Motion carried. 4. PUBLIC HFARINGS: (A) A public hearing was t~eld on S~184, the petition of the Community Development Department, requesting that a Specific Use Permit be granted for the operation of an airport on the Denton Municipal Airport property. This is a 520 acre tract located on the west end of Airport Road. This property borders F i[515 on the north, east and west. July 1, 1975 Continued After hearing 1 proponent and none in opposition and a briefing by the Director of Conmmmity Development, who reported approval by the Planning and Zoning Commission, motion was made by Mitchell, seconded by King that the petition be approved. Motion carried. (B) A public hearing was held on S-102, the petition of Mrs. Ella Dalton, requesting that a Specific Use Permit be granted for the operation of a day nursery at 808 Sherman Drive on property zoned Single Family (~F-10). This is a 1.5 acre tract located on the east side of Sherman Drive near the intersection of Hurst Street. This site is presently occupied by Kiddie Korral. After hearing 1 proponent and none in opposition, motion was made by Mitchell, seconded by King that the petition be approved with the following conditions as recommended by the Planning and Zoning Commission: (1) This pe~nit shall be issued to and shall cease whenever Preschool Educational Centres of America represented by John Dalton is no longer the owner and/or operator of the day nursery.. (2) The pemnit shall be limited to the care and keeping of only 65 children. (3) A state license shall be required for the operation of the day nursery~ (4) There shall be one parking space per employee and three additional ~aces provided for visitors. (5) That a buffer area shall be required in the rear portion of Lot 31, Block 138-2, enclosing 100 feet from the eastern- most rear property line. Motion carried. (C) A public hearing was held on the request to consider adoption of the National Electrical Code 1975 as recommended by tke Electrical Code Co~nittee. The Council was briefed by the Director of Community Development and the Electrical Code Conm~ittee. The Chairman of this Committee, Willie Williams, recommended deletions that are pointed out in the proposed ordinance and stated that the local electricians supported the code. The Chief Building official of the City also stated support. The following Ordinance was presented: ORDINANCE NO. 75~19 AN ORDINANCEAMENDING THE CODE OF TH~ CITY OF DENTON BYADOPTING TH~NATIONAL ELECTRICAL CODE, 1975 EDITION, WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING PENALTIES FOR VIOLATIONS OF ~ NEW CODE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed as recommended by th~ Electrical Code Committee and that the Ordinance become effective 60 days from the day of passage. On roll call vote Stephens voted "aye", Hughes voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 5. Richard Lowe appeared relative to soccer facilities, stating that with the rapid growth of the number of participants space for the program~as inadequate. Council Member Hughes asked if a level piece of land were available what would the cost be to make it playable for soccer. He answered that $500 to $600 would be adequate. July 1, 1975 Continued 6. The following Ordinance was presented: ORDINANCE NO. 75-20 (Community Development) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS _ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 25, 26 AND A PART OF LOT NO. 24, CITY BLOCK NO. 4023, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF T~ CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Stephens that the Ordinance be passed. On roll call vote Hughes voted "aye", Mitchell voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN IH ~-NICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF JULY, A.D. 1975. RESOLUTION WHER]~S, on the 2nd day of July, 1974, by prior Resolution of this Council, the ~yor of said City was authorized to pledge the proceeds due the City of Denton under Paving Assessment Program No. 6, and the assessment for University~ Drive West, and to execute a promissory note for the total thereof payable to the First State Bank of Denton, Texas, payable one year from the date of execution of said note, at a rate of five and one-half (5 1/2) per cent annual interest; and WHEPd~S, payments have been made upon said note reducing the balance thereon now due and payable at said banking institution; and WHEREAS, it is determined that it is still in the best interest of said City- that said note previously executed by the Mayor in behalf of said City extend the terms of said note for an additional one year period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CDUNCIL OF THE CITY OF DENTON, TEXASI That said note previously executed and described above be renewed and extended for an additional one year period at five and one~half (5 1/2%) per cent annual interest thereon; and that Tom D. Jester, Jr., Mayor of the City of Denton, is hereby authorized to execute said note and to pledge said proceeds above described for the payment thereof. PASSED AND APPROVED this the 2nd day of July, A. D. 1975. /s/ TC~ D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by King that the Resolution Be passed. On roll call vote Mitchell voted "aye", Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. July 1, 1975 Continued 8. The Council discussed a proposed Resolution relative to forming a Citizens Advisory Committee to study the Charter and make suggestions. The number of members to compose the Committee was discussed. Motion was made by Stephens, seconded by Hughes that the Resolution be passed with the Committee consisting of 15 members, 3 to be named by each Council Member and with Council[ Members serving as ex-officio non voting members. On roll call vote Stephens voted "aye", Hughes voted "aye", Mitchell voted "nay", King voted "nay" and Jester voted "nay". Motion failed 3 to 2. The Mayor suggested r~hat the matter be placed on the agenda for the next Council meeting. 9. The following Ordinate was presented: O}~DINANCE NO. 75-21 AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANGING AND ESTABLISHING THE MAXIMUM PRIMA FACI~ SPEED LIMIT ON U.S.. HIGHWAY 380 FROM TH~ INTERSECTION WITH INTERSTATE HIGHWAY 35 TO THE W~ST CITY LIMITS OF THE CITY OF DENTON; PROVIDING A PENALTY; AND PROVIDING ANEFFECTIVE DA~. Following a briefing by the City Manager, motion was made by Stephens, seconded by King that the Ordinance be passed. On roll call vote F~ghes voted "aye", Mitchell voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 10. The Council considered recommendation of the Parks & Recreation Board to accept a neighborhood park north of Windsor between Stuart Road and Sherman Drive from Denton Loan and Inw~stment Company. In a briefing by the Assistant City Manager it was stated that the park would be a neighborhood type and would be mostly green space with a minimum amount of equipment. }~ stated that by accepting the offer, the City would have a small park and a ~ans to improve the drainage on Windsor b? removing a section of the curb and constructing a shallow drainagewa? from Windsor to Cooper Creek. Motion was made by King, seconded by Mitchell that the property north of Windsor between Stuart Road and Sherman Drive be accepted as a gift to the City by the Denton Loan and Imzestment Company, as recommended by the Planning and Zoning Commission. Motion carried. 11. The Council considered approval of change order #1 to the contract with Steed Construction Company for construction of the Parallel Raw Water Line in the increased amount of $8,430.02. After a briefing by the Director of Utilities and a report that the Utilities Board recommended approval, motion was made by Mitchell, seconded by Hughes to approve Change Order #1 in the increased amount of $8,430.02 for Steed Construction Company. Motion carried. 12. The Council considered approval of recommendations on change order #2 to the contract with Steed Construction Company for construction of Parallel Raw Water Line. Following a briefing by the Director of Utilities, motion was made by Stephens, seconded by K~g to approve part 2 in the increased amount of $240.00 and part 3 in the h~creased amount of $500.00 but to reject part 1 as recommended by the staff a~I-~ies Board. Motion carried. July 1, 1975 Continued 13. The Council considered approval of change order #1 on paving contract with J. L. Bertram Construction Company for Bell & McKinney Streets. Motion was made by King, seconded by Hughes that change order #1 be approved in the decreased amount of $24,173.30 as recommended by the staff. Motion carried. 14. The Director of Utilities distributed a report prepared by Black and Veatch on electrical rates for the Denton Municipal Utilities. The Mayor suggested that Monday, July 14, 1975 at 5:30 p.m. be tentatively set as the date for a meeting with the Utilities Board and Consulting Engineers, and open to the public. The Council concurred. 15. The Council considered approval of a request for water service outside the City limits by Mr. Troy Glenn. The Council was briefed by the Director of Utilities, pointing out that the utilities would be extended at the expense of Mr. Glenn. Motion was made by Stephens, seconded by Mitchell that the request for water service outside the City limits for Mr. Glenn be approved. Motion carried with Jester abstaining. 16. The following Resolution was presented: AT A REGULARMEETING OF ~I~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, H~LD IN TH~ MUNICIPAL BUILDING OF SAID CItY ON TH~ 1ST DAY OF JULY~ A.D. 1975. A RESOLUTION BY THE GOVERNING BODY OF THE CITY OF DENTON, TEXAS, RELATING TO TH~ GIVING OF NOTICE OF THE INTF~ OF THIS GOVERNING BODY TO ADOPTA CONCURP~ENTORDINANCE TO PROVIDE FOR TH~ CREATION OF A MUNICIPAL POWER AGENCY; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHE~S, under the provisions of law, public entities meeting certain requirements may provide for the creation of a Municipal Po~er Agency after issuance and publication of a notice of intention to do so; and ~AS, this municipality is a public entity in that this City is a political subdivision of the State; and WHEREAS, this municipality has the authority to and is engaged in the generation of electric energy for sale to the public and has continuously had such authority and has been continuously so engaged since the acquisition of its first electric generating equipment in the year 1905; and WHEREAS, it is no~ proper to provide for the issuance of the notice of intentio~ of this governing body to participate in the creation of a joint powers agency; now, therefore, BE IT P~ESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION'i: Each of the recitals contained in the preamble hereof are found to be true and are adopted as the findings of this governing body. SECTION 2: The Mayor is authorized to issue and cause to be published the "Notice of Intention to Adopt a Concurrent Ordinance" (~hich is attached hereto as Exhibit A and made a part hereof for all purposes). Such notice, and the content thereof, are hereby approved. SECTION 3: The aforementioned notice shall be published once a week for two ~2) consecutive weeks, the date of the first publication to be at least fourteen (~4) days prior to the date established in the notice as the date this governing body proposes to adopt the concurrent ordinance. ~ublication shall ~e made in a newspaper of general circulation in this City, published herein. · ~ly 1, 1975 Continued SECTION 4: This resolution s~ll be in effect from and after its passage. PASSED AND APPROVED this the 1st day of July, 1975. /s/ TOM D. JES'f~R, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS EXHIBIT A NOTICE OF INTENTION TO ADOPT A CONCURRENT ORDINANCE NOTICE IS HEREBY GIVEN that the governing body of the City of Denton, Texas, proposes to meet in session at its regular meeting place in the Council Chambers of the .Municipal Building (within said City) at 5:30 o'clock, p.m., on the 18th day of July, 1975, at which time and on such date, such governing body proposes to pass and finally adopt a concurrent ordinance (as defined in Senate Bill 371, adopted by the 64th Session of the Texas Legislature, Regular Session, 1975) so as to provide for the creation of a Municipal Power Agency under the provisions of Article 1435a, as amended. It is proposed that the said Agency shall be composed of the territory within the corporate limits of the Cities of Bryan, Denton, Garland and Greenville, or within the boundaries of two or more of such public entities who so adopt a concurrent ordinance. THIS NOTICE is issued and given at the direction of the governing body of the City of Denton, Texas, this 1st day of July, 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS Following a briefing by the City Manager, motion was made by King, seconded by Hughes that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 17. The Council considered appointment of auditors for the fiscal year 1975-76. The Council was briefed by the City Manager, who recommended the auditing firm of Ernst & Ernst, a nationally known firm. Council Member Stephens asked if a local auditor could be used. The City Manager stated that national bond rating firms rely on auditing firms that are nationally recognized. Motion was made by Stephens, seconded by King to appoint Ernst & Ernst as auditors for the fiscal year 1975-76. Motion carried. July 1, 1975 Continued 18. Motion was made by Hughes, seconded by Mitchell that the following Vouchers and Purchase Orders in excess of $1,000 be approved for payment: PURCHASE ORDERS Moore Business Forms (P.O. #25959) $2,393.60 Moore Business Forms (p.o. #25997) $2,766.75 VOUCHERS U. S. Post Office $2,000.00 U. S. Post Office $2,000.00 Motion carried. 19. Mayor Pro Tem King, Chairman of the Nominating Committee presented the names of citizens recommended for membership on Boards and Commissions of the City of Denton Motion was made by King, seconded by Mitchell that the following recommended citizens be named to th_~datdicated Boards and Commissions: CITIZENS TRAFFIC SAFETY COvB4ITTE~.~._J PARKS & RECREATION BOARD Mike Campbell Pat Cheek Lovie Price John Douthitt Julie Dempsey Clyde Wright Mrs. L. A. Nelson BOARD OF ADJUSTMENT UTILITIES BOARD Allen Pearce Harve Merrill Tom Harpool George Reaves Stan Munson Jim Russell John Carrell (Alt.) PLANNING AND ZONING CC~ISSION Bob Manning AIRPORT ADVISORY BOARD Milton Hill Byron Smith Ann Powell A1 Crawford Skinney Crouch BUILDING CODE CO~ITTEE FLOW ~,©RiAL HOSFiTAL BOARD Fred Reed '~ ~. ~.~ o~ .... rs Bert Moore ~- ~' .... ''- ~ .... ~ Carroll Coen, Jr. Tom Miller ~ Jim Stone (Alt.) Chester Ingraham (Alt.) LIBRARY BOARD Dan Tranmell (County Commissioners Court) ELECTRIC CODE COMMITTEE Dr. Ray Stephens (City Council) J. J. Higdon Mrs. Pat Warde W. F. Williams Bob LaForte Pete Chumbley Mrs. S..,R. Smith Don Gill Mrs. Bob Jones Bill Burley Zeke Martin (Alt.) PUBLIC HOUSING AUTHORITY Paul Schueler (Alt.) Mrs. Howard Smith Herman Herod PLUMBING & MECHANICAL CODE BOARD George Hopkins Delbert Overstreet James Grisham Motion carried. 20. The City Manager briefed the Council and recommended approval of specifications of bids for bank depository for City funds. Motion was made by Stephens, seconded by Hughes to table the matter for further study. Motion carried. July 1, 1975 Continued 21. Mr. John Whitsell~ 409 Fulton, Denton Coordinator for Citizens Association for Sound Energy spoke relative to TMPP and its possible involvement in nuclear energy. 22. The City Attorney distributed copies of the Opinion and Order of the Texas Railroad Commission (gas utilities docket 588) relative to Lone Star Gas Co~rpany's request for a gate rate increase. 23. The Council adjourned into Executive Session at 10:10 p.m. 24. The Council reconvened into public session at 11105 p.m. to report that no official action had been taken. The meeting adjourned at 11:10 p.m. MAYOR C ITY~SECRETARY Municipal Building July 14, 1975 Joint Meeting of the City Council and the Public Utilities Board, Monday, July 14, 1975 at 5:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Jester, Mayor Pro Tern King, Council ~embers Mitchell, Hughes and Stephens; City Manager, Assistant City Manager, City Attorney and Assistant City Secretary. ABSENT: City Council: City Secretary PRESENT: Utilities Board: Ramey, Davis, Harpool ABSENT: Utilities Board: Munson and Silvey Doug Blackburn was called upon by the City Manager to give a brief history of the rate study, and introduce the consulting engineer. After the brief history, Blackburn introduced Forrest Cockrell of Black & Veatch/Consulting Engineers. Mr. Cockrell went over the high points of their comprehensive rate study and gave the City Council their reco~nendations for new rates. After a period of questioning the Utilities Board was called upon to make their recommendation to the City Council. The Utilities Board stated that they recommend approval of the new rates. Motion was made by Ramey, seconded by Davis that the City Council approve the new rates outlined in the study by Black & Veatch/Consulting Engineers. Motion carried. With no further business, the Utilities Board departed the meeting. There were several more questions which were answered by Mr. Cockrell, Mr. Blackburn and Mr. White. With no further business, motion was made by Mitchell, seconded by King that the meeting adjourn. Motion carried. Meeting adjourned at 7:40 p.m. MAYOR~~'~ ~ [iSSISTANT CITY SECP~ETARY M~nicipal Building July 15, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 15, 1975, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Mitchell, Hughes and Stephens; City Manager, City Attorney and Assistant City Secretary. ABSENT: Assistant City Manager and City Secretary. 1. Motion was made by Stephens, seconded by King that the minutes of the regular meeting of July 1, 1975 be approved with the following changes made on item 19, page 385: Flow Memorial Hospital Board should be removed from ~he list, as members were not appointed at this meeting. Motion carried. 2. BIDS: (A) #8288 Mosquito Insecticide Motion was made by Mitchell, seconded by King that the bid be awarded to Puritan Chemical Company at a low evaluated bid of .777 cents per gallon or $2,629.00 total.~ Motion carried. (B) #8282 Crane Scale for Warehouse Motion was made by King, seconded by Hughes that the bid be awarded to Nicol Scales, Inc. at a bid of $1,105.00. Motion carried. Mayor Pro Tem King suggested that we contact the bidders who failed to return bids and find out why, and if there is not a good reason for bids not being returned, they should be removed from the bid list, and then we should get a new list of bidders who will bid. (C) #8275 Warehouse Electrical Supplies Motion was made by ~ghes, seconded by Stephens that the bid be awarded as follows: Section 1--Service Drop XLP Insulated Aluminum Items 1-8--All bids rejected Section 2--Direct Burrial 15KV Cable Item 9--Westinghouse Electric at $393.00 per 1,000' Item 10--Ail bids rejected Item ll~-Westinghouse Electric at $939.00 per 1,000' Section 3--600 Volt Secondary Cable ~,~te~--West~ho~se-~.~t $602.00 per 1,000 ' ~ ~~~e~A~m~AAAC Cable ~?~ Items?.~13-16~-Westinghouse Electric Section 5--Wire Copper Insulated THW Items 17-19--Nelson Electric Section 6--Cable, copper type UF Direct Burial Items 20-22--Westinghouse Electric Section 7--Copper Wire Items 23-26--Nelsoz~ ~lectric Item 27--Westinghouse Electric Section 8--Conduit a~ Fittings-PVC and Galvanized Items 28- 54--Westir~ghouse Electric Section 9--Galvanized Guy Strand Items 55-57-~Westinghouse Electric Section 10~-Cutouts ~d Arresters Item 58--Cummins Supply Item 59--WESCO Item 60--Clmmins Supply Motion carried. July 15, 1975 Continued 3. P~EFERRAL: Motion was made by Mitchell, seconded by King that Z~1256, the petition of Mr. Clyde Pittman, requesting that the zoning classification of a tract in the 2800 block of Emerson Lane be changed from the Single Family (SF-10) to the Single Family (SF-7) classification (this is a 41 acre tract located east of Old North Road and south of Cooper Creek. City tax records designate the property as City Block No. 1004, Tract No. 2A.) be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on S-100, the petition of Mr. Jimacie Beard, requesting that he be granted a specific use permit for a mobile home park at 2504 Spencer Road. This property is located on the south side of Spencer Road across from the American Legion Building. This mobile home park is intended for one mobile home only. After hearing 1 proponent and none in opposition and a report of approval from the Planning and Zoning Commission, motion was made by Stephens, seconded by Hughes that the petition be approved with the following conditions: (a) That the mobile home park permit shall be limited for place- ment of only one mobile home. (b) That the permit shall be issued to and shall be valid so long as Mr. Jimacie N. Beard and family are the occupants of the mobile home. (c) City sewer and water service shall be required to be connected to the mobile home as they become available to the property. Motion carried. (B) A public hearing was held to consider annexation of four areas on the south side of the City. These tracts are as follows: ~1) West of Montecito Del Sur Addition between Montecito Addition and RyanRoad-68.13 acres. (2) East of Montecito and Montecito Del Sur Addition to Teasley Road-250.28 acres. (3) South of ~-35E and east of State School Road (Taliaferro's Mobile Home Park)-20.55 acres. (4) East-west strip between Argyle and Cooper Canyon~.188.94 acres. After hearing no proponents and 3 in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Mitchell, seconded by King that the hearing be tabled and that item #1 be deleted from consideration, to be considered separately at a later date. Motion carried. (C) A public hearing was held to consider acceptance of assessment paving petitions for Gober Street between Scripture Street and Sena. Consider acceptance of an assessment paving petition on Lindsey Street between I~35E and Fort Worth Drive. (This matter was tabled at the April 15, 1975 Council meeting.) After hearing no proponents nor opponents on the Gober Street petition, motion was made by King, seconded by Hughes that the petition be approved. Motion carried. After hearing 4 proponents and 2 opponents on the Lindsey Street petition, motion was made by King, seconded by Mitchell that the petition be approved with the exception that they would work out a favorable financing arrangement with Mrs. Hancock. Motion carried. 5. Mr. John Whitsell, representing CASE, appeared asking what the Council had done regarding his presentation at the meeting of July 1, 1975, pertaining to nuclear energy. The City Manager explained that the questions had not been answered. July 15, 1975 Continued 6. The Council considered a resolution creating the Charter Advisory Committee. Motion was made by Stephens, seconded by Hughes that a Charter Advisory Committee be created, consisting of 15 members, 3 members named by each Council Member, with Council Members serving as ex-officio non voting members. On roll call vote Stephens voted "aye", ~ghes voted "aye", Mitchell voted "nay", King voted "nay" and Jester voted "nay". Motion failed 3 to 2. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF~NTON, TF~XAS, HELD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 15TH DAY OF JULY, A.D. 1975. RESOLUTION WHEKEAS, the City Council of the City of Denton, Texas, desires to review the City Charter for the purpose of determining whether any amendments or revisions should be submitted to a vote of the citizens of Denton; and WHEREAS, it would be appropriate to form a Citizens Advisory Committee to study the Charter and make suggestions, if any, for proposed amendments; now, therefore, BE IT RESOLVED BY TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS: That a Citizens Charter Advisory Committee is hereby created consisting of fifteen (15) members appointed by the City Council to serve for an indefinite term until such time as the City Council abolishes th~ committee. Said committee ~ill review the present City Charter and assist the Council in determining whether any amendments should be recommended and submitted to a vote of the citizens of Denton. The committee will function at the direction of the Council and may develop such rules and regulations concerning their meetings as the committee or Council so desires. PASSED AND APPROVED this the 15th day of July, A. D. 1975. /s/ TOM D. JESTER, JR., ~AYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECP~ETARY CIndY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Mitchell that the resolution be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 7. The Council considered a proposed ordinance adjusting electric utility rates. The City Manager briefed the Council on what the consulting engineer~ from Black & Veatch had said in the previous Council meeting. Council Member Mitchell expressed hope that there would be an advertised public hearing, and that in no case ~ould the new rates be effective ~efore September 1, 1975 and preferably not until October 1, 1975. July 15, 1975 Continued Council Member Stephens asked that we invite the Consulting Engineer, Forrest Cockrell to attend the public hearing. Motion was made by Mitchell, seconded by Stephens that the ordinance be tabled and a public hearing be set and arrangements be made to have Forrest Cockrell at the public hearing. Motion carried. 8. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~JNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF JULY, A.D. 1975. R~SOLUTION WHEREAS, the City of Denton has awarded a contract to J. L. Bertram Construction Company for the improvements to McKinney and Bell-Blount-Industrial Streets; and ~EREAS, it is necessary for said company to operate a temporary concrete batching plant within the city limits; and WHEREAS, the zoning ordinance of the City of Denton authorizes the City Council to grant such use by Resolution, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: J. L. Bertram Construction Company is hereby granted permission to operate a concrete batching plant at Lot 3, Block 278~A of the City Tax Records of the City of Denton, Texas for a period of one (1) year from the date of passage of this Resolution. PASSED AND APPROVED this the 1Sth day of July, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS A~FEST: /s/ BROOKS HOLT, CITY S~CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made b~Mitc~l!~.~s~.e.~o~ded by King that the resolution be passed. On rol~l call V6te Hughes vote~ "aye", Stephens voted "aye", Mitchell voted "aye", King voted "ay_~" and Jester voted "aye". Motion carried. 9. The Council considered bids for bank depository. The City Manager presented new bid specifications to City Council Members for bank depository agreement due July 30, 1975. Motion was made by Stephens, seconded by Mitchell that the bid specifications be approved. Motion carried. 10. The City Manager briefed the Council on the right-of-way acquisition between the City of Denton and the State of Texas for the Loop 288 project. He recommended that the contract be tabled and that the City Council study the matter. Council Member Hughes asked that the Planning and Zoning Conm~ission be included in the study session. The Council concurred. July 15~ 1975 Continued 11. Motion was made by King, seconded by Mitchell that the Tax Adjustment Report for the month of June, 1975, in the amount of $2,395.33 be approved. Motion carried. 12. The following purchase orders in excess of $1,000 were considered for payment: (A) #26121--McNaughton Book Service Motion was m~de by Stephens, seconded by Hughes that the purchase order in the amount of $1,558.20 be approved for payment. Motion carried. (B) #26055--Gaylord Brothers, Inc. Motion was made by Stephens, seconded by King that the purchase order in the amount of $1,636.80 be approved for payment. Motion carried. 13. Motion was made by King, seconded by Stephens that the following citizens be named to the Board of Equalization: Ra~nond Pitts Robert Speake George Bertine Motion carried. 14. Carl Young appeared before the Council to discuss the disturbance at Fred Moore Park. Reverend Jamerson also appeared. The Council suggested that they refer their complaint to the Con~nunity Ethnic Relations Board. 15. The Council considered approval of deeds of quit~claim for Richardson Street. The City Manager briefed the Council. Motion was made by King, seconded by Mitchell that the Mayor be authorized to sign the quit claim deeds. Motion carried. 16. The Council adjourned into Executive Session at 10p.m. 17. The Council reconvened into Public Session at 10:30 p.m. to announce that no official action had been taken. Meeting adjourned at 10:35 p.m. MAYOR ASS CITY SF~CRETARY FOR CITY SECRETARY Municipal Building July 18, 1975 Called meeting of the City Council, City of Denton, Texas, Friday, July 18, 1975 at 5:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Council Members Stephens, Hughes and Mitchell; City Manager, City Attorney and Assistant City Secretary. ABSENT: Mayor Pro Tem King, Assistant City Manager and City Secretary. 1. Mayor Jester requested that the City Manager discuss the two ordinances and one resolution to be considered. 2. The following ordinances were presented: (A) ORDINANCE NO. 75-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVISIONS OF ARTICLE 143Sa, V.A.T.C.S.' CREATING SUCH AGENCY; DEFINING ITS BOUNDARIES; MAKING PROVISIONS , FOR A BOARD OF DIRECTORS AN~ THEIR METHOD OF SELECTION; PRESCRIBING A NAME FOR SUCH AGENCY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Motion was made by Mitchell, seconded by Hughes that the ordinance be passed. On roll call vote Hughes voted "aye", Mitchell voted "aye", Stephens voted "aye" and Jester voted "aye". Motion carried. (B) ORDINANCE NO. 75-23 AN ORDINANCE APPROVING THE OPERATING RULES, REGULATIONS AND BYLAWS OF THE TEXAS MUNICIPAL POWER AGENCY; PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Mitchell that the ordinance be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", and Jester voted "aye". Motion carried. 3. The following Resolution was presented: AT A SPECIAL COUNCIL MEETING OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF JULY, A.D. 1975. RESOLUTION ~HEREAS, THE City of Denton has passed a concurrent ordinance creating the Texas Ymnicipal Power Agency; and I~BREAS, two directors to' the Board of Directors of the Texas Municipal Power Agency shall be chosen by the. governing body of the City of Denton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton in accordance with Ordinance No. 75~.22 hereby appoints Douglas F. Blackburn to Place 3 for a term of one year, and James W. White to Place 4 for a term of two years as Directors to the Board of Directors of the Texas Municipal Power Agency. SECTION II. That this Resolution shall take effect immediately from and after its passage and it is so ordered. PASSED AND APPROVED this the 18th day of July, 1975. Ju~y 18, 1975 Continued Is/ Tf~M D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Mitchell that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye" and Jester voted "aye". Motion carried. Meeting adjourned at 5:55 p.m. ~MAYOR ASSISTANT CITY SE FOR CITY SECRETARY Municipal Building August 5, 1975 Regular meeting of the City Council, City of Denton, Texas, ~uesday, August 5, 1975, at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens and Hughes; Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Mitchell and City Manager 1. Motion was made by Hughes, seconded by King that the minutes of the joint meeting of the Council and the Utilities Board on July 14, the regular meeting of July 15 and the called meeting of July 18, 1975 be approved. 5~otion carried. 2. BIDS: (A) #8286 Ceramic Traffic Buttons Motion was made by King, seconded by Stephens that the bid be awarded to Cataphote Division of Ferro Corporation at a total price of $3,112.80. Motion carried. (B) #8289 Sale of Obsolete and Junk Transformers Motion was made by Hughes, seconded by Stephens that the bid be mvarded to the highest bidder, Liberty Motor Manufacturing Company of Chicago, Illinois, in the amount of $4,907.90. Motion carried. (C) #8284 Hydrostatic Roller Motion was made by King, seconded by Hughes that the bid be awarded to the low bidder, Conley=~Lott-Nichols, in the amount of $4,286.00 FOB Denton, Texas for a Mauldin Model 4000. Motion carried. 3. REFERRAL: Motion was made by King, seconded by Hughes that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-106, the petition of Mrs. Dolores Henneberger, requesting that she be granted a specific use permit for the operation of a private club at 220 W. University. This property is located at the northeast corner of the intersection of Bolivar Street and University Drive. The site is presently occupied by the Fun House. (B) Z-1258, the petition of Mr. Paul H~ywood, requesting that the zoning classification of a tract at 1203 Avenue A be changed from Single Family (SF-7) to Multi-Family (~-1) and Neighborhood Service (NS). This tract, comprising approximately 1.2 acres, is located at the southwest corner of Avenue A and Collins Street. Motion carried. 4. Continuation of a public hearing was held on annexation of three areas on the south side of the City as follows: (A) East of Montecito and Montecito Del Sur Addition to Teasley Road-250.23 acres. (B) South of 1-35E and east of State School Road (Taliaferro's Mobile Home Park)-20.55 acres. (C) East-west strip between Argyle and Copper Canyon-188.94 acres. Speaking against the annexation was Mary Trueblood who owns property in the area. The Mayor advised that the Council would proceed with annexation procedures August 19, 1975. August 5, 1975 Continued 5. The Council considered prohibiting parking on the east side of Bell from University to Sherman Drive and a 60' strip at the southwest corner of Bell and Sherman. Ms. Patricia A. Marceca requested that the 60' strip be extended to the full 112' of her lot at the southwest corner of Bell and Sherman. The Director of Cormnunity Development briefed the Council and stated that the Citizens Traffic Safety Commission recommended approval and the change recommended by Ms. Marceca would be satisfactory. Motion was made by Hughes, seconded by Stephens to approve the recommendation and to direct the City Attorney to prepare an appropriate ordinance to also include 112' rather than 60' as no parking at the southwest corner of Bell and Sherman Drive. Motion carried. 6. Dr. William H. Glaze of NTSU briefed the Council on a proposal for Denton to cooperate with Small[ Cities Association, North Texas State University Environmental Studies and the Co~mcil of Governments in future Sanitary Landfill site studies. Dr. Glaze stated that Denton's share of the cost would be $1,361, to be paid during the coming fiscal year, adding that he believed that other cities in the County would participate. The Assistant City Manager recommended to the Council that the City participate in the study. Motion was made by Hughes, seconded by King to authorize the City to participate in the study at a cost of $1,361. Motion carried. 7. The Council considered setting a public hearing on an Electric Rate Study. The Mayor suggested the public hearing be held on August 26, 1975 at 7p.m. The Council concurred. 8. The matter of bids .For the City's bank depository was discussed. The Assistant City Manager recommended that the City accept Alternative No. One of the bid of the First State Bank of Denton, the only bidder. Motion was made by King, seconded by Hughes that the First State Bank of Denton be approved as the depository of City funds through September 30, 1977 and that Alternative No. One on t_he bid be accepted. Motion carried. (Bid filed in packet #4746 in the official City records.) 9. Motion was made by King, seconded by Hughes that the following purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS #26269 to Pak-Mor Y~mnufacturing in the amount of $1,513.70 #26525 to Chester Morris Chrysler-Plymouth in the amount of $1,800.00 #26522 to Allis-Cha.lmers in the estimated amount of $3,000.00 Motion carried. 10. The Council considered approval of Texas Municipal Power Pool's action relative to additional expenditures for the Bryan Lignite Project. The Director of Uti'lities stated that the total cost would be in the amount of $150,000, with Denton's share being $17,820, adding that this had been approved by the Utilities Board. He stated that the funds would come from the current Utilities budget, and that this amount would be adequate until financing could be arranged by the Power Pool. Motion was made by King, seconded by Stephens to approve expenditure of $17,820 as Denton's share in '~he Bryan Lignite Project as recommended by the Denton Utilities Board. Motion carried. August 5, 1975 Continued 11. The Council considered approval of the Texas ~nicipal Power Pool action on the T~P Accounting System Study conducted by Peat, Marwick and Mitchell. The Director of Utilities briefed the Council and advised that Bill Davis, Assistant Finance Director of the City of Denton, serves on the Pool's Acco~mting Committee, and the study was approved by the Utilities Board. Motion was made by King, seconded by Stephens to accept the Accounting System Study prepared by Peat, Marwick and Mitchell. Motion carried. 12. The Council considered approval of the Texas ~4unicipal Power Pool action relative to participation in studies and evaluation of the Village Bend P~mped Storage and the De Cordova Bend projects. The Director of Utilities briefed the Council stating that this study was to determine if the project were feasible, and that Denton's share of the cost would be $2,970 of the total $25,000 cost--that R. W. Beck & Associates of Denver are expected to make the study and that the Denton Utilities Board recommended approval. Motion was made by Hughes, seconded by King to approve allocation of $2,970 for the study. Motion carried. 13. The following Resolution was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF ~HE CITY OF DENTON, TEXAS, H~LD IN TH~ ~JNICIPAL BUILDING OF SAID CITY ON TH~ STH DAY OF AUGUST, A.D. 1975. RESOLUTION ~HEREAS, the River and Harbor Act of 1965 authorized the construction, operation, and maintenance of Aubrey Lake on the Elm Fork of the Trinity River in the State of Texas; and ~EREAS, the City of Denton desires to and will contract with the United States of America for water storage space in Aubrey Lake and additional storage in Lewisville Lake; and WHEP~EAS, the City of Denton intends to make application to the Texas Water Rights Commission for a permit to appropriate water from Aubrey Lake and the additional storage in Lewisville Lake. NOW, THEREFORE, BE IT RESOLVF~D BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Jim White, City Manager of the City of Denton, Texas is hereby authorized to sign on behalf of the City of Denton the Applications for Permit to Appropriate Public Water from Aubrey Lake and Lewisville Lake and to file the same with the Texas Water Rights Commission and to execute all instruments necessary to such applications. PASSED AND APPROVED this the 5th day of August, A.D. 1975. /s/ TOM D. JESTER, JR., MAYOR A~FFEST: CITY OF DENTON, TF~XAS BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS ~d~PROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A~iTORN~Y CITY OF DENTON, TEXAS August 5, 1975 Continued Motion was made by Stephens, seconded by Hughes that the Resolution be passed as recommended by the Utilities Board, and to authorize the City Manager to sign and execute the necessary instrmnents. On roll call vote Hughes voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 14. The Council considered a quit claim deed to W. C. Trail on Mayhill Road. Motion was made by Stephens, seconded by King that the quit claim deed be approved contingent on receipt of money for relocation of a power line. Motion carried. 15. Mrs. Isabel Miller of the League of Women Voters and Don Smith, Treasurer of the Texas Civil Liberties Union, voiced concern relative to selection of a Charter Revision Committee. Both asked that .the Council fulfill its promises and that a wide ~ased committee be named so that the effort can get underway quickly. 16. The Council adjourned into Executive Session at 8:30 p.m. 17. The Council reconvened into Public Session at 9:25 p.m. to announce that no official action had been taken. Meeting adjourned at 9:28 p.m. Municipal Building August 19, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 19, 1975, at 7:00 p.m. in the Council Chambers of theM unicipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Mitchell and Stephens; City Manager, Assistant City Attorney and City Secretary. ABSENT: Assistant City Manager and City Attorney. 1. Motion was made by King, seconded by Mitchell that the minutes of tile regular meeting of August 5, 1975 be approved. Motion carried. 2. BIDS: (A) #8294 Grading and Drainage Project on Bonnie Brae and North Lakes Following a briefing by the City Manager, motion was made by Mitchell, seconded by Hughes that the bid be awarded to Weaver Construction Company at a low bid of $51,486.80 Motion carried. . 3. P~EFERRAL: Motion was made by Mitchell, seconded by King that the following petition be referred to the Planning ~md Zoning Co~nission for its recon~endation: (A) S-105, the petition of Mr. D. V. Foster, requesting that he be granted a Specific Use Permit to operate a private club at 1125 E. University Dr. The proposed private club is to be located in a shopping center at the northwest corner of E. University Drive and Ruddell Street. Motion carried. 4. PUBLIC HEARINGS: (A) Apublic hearing was held on Z-1257, the petition of Mr. Harry Down, requesting that the zoning classification of a tract in the 1600 block of University Drive be changed from General Retail (GR) to the Con~nercial (C) classification. This property is located on the northwest corner of University Drive and Cornell Lane and comprises approximately 1.75 acres. City tax records designate this property as City Block No. 4057, Lot No. 5. After hearing 1 proponent and none in opposition and a report from the Director of Community Development of approval by the Planning and Zoning Commission, motion was made by Mitchell, seconded by Stephens that the petition be approved. Motion carried. (B) A public hearing was held to consider the recommendation of the Traffic Safety Commission that parking be restricted on the south side of Cordell Street between Fulton Street and the drainage way, from 8:00 a.m. to 4:00 p.m., Monday through Friday. There were no opponents present. The Director of Community Development reported that the Planning and Zoning Commission recommended approval. Motion was made by Mitchell, seconded by Hughes that the recommendation of the Traffic Safety Commission that parking be restricted on the south side of Cordell Street, between Fulton Street and the drainage way, from 8:00 a.m. to 4:00 p.m., Monday through Friday be approved. Motion carried. (C) A public hearing was held to consider the petition of Mr. T. E. Uland, requesting that Fritz Street be renamed Uland Street between Rose Street and Railroad Avenue. One proponent spoke but none in opposition. The Director of Community Development reported that the Planning and Zoning Commission declined to make a recommendation, and added that Fritz was a gravel road and had not been dedicated to the City. Motion was made by Stephens, seconded by Hughes to approve the petition of Mr. T. E. Uland to rename Fritz Street Uland Street between Rose Street: and Railroad Avenue. Motion carried. August 19, 1975 Continued 5. Mrs. Bob Nunley appeared and announced the schedule of the Denton Community Chorus. She requested the interest of the Council and announced that the Chorus was temporarily movi~ their performance site to Strickland Jr. High School due to acoustical problem; in the Con~nunity Building. The Mayor thanked Mrs. Nunley and voiced appreciation for their contribution. 6. The Council considered recommendation of the Airport Advisory Board concerning contract changes between the City of Denton and Aerosmith Denton Corporation. The Council was briefed by King Cole, Administrative Assistant, who advised that the Airport Board had recommended a 30 year contract for Aerosmith Denton Corporation, stating tlhat Aerosmith Denton Corporation.was satisfied with the proposed 30 year contract. Council Men~er Stephens suggested a meeting of the Council and City Staff and the Airport Board for a long range planning session. Council Member Hughes stated that a 30 year contract concerned her, stating that airplane fuel prices could escalate to the point where the .02~ per gallon payment to the City would not be adequate. Motion was made by Mitchell, seconded by Stephens that the matter be tabled for further study. Motion carried. 7. The Council considered approval of parking lot revisions to allow for joint use of the City Hall and U. S. Post Office parking facilities and cost allocation for the necessary construction work. The City Manager stated that the cost of the project would be shared equally by the Federal Government and the City, and that the City would reduce its half of the cost by providing a portion of the labor. Motion was made by King, seconded by Hughes to approve revisions of parking lots and to authorize the Mayor to sign a letter of agreement with the Post Office Department and to approve the purchase of parking lot curb and gutter for Post Office/City Hall parking revisions from Concrete Contracting Company of Denton. Motion carried. 8. The Council reviewed correspondence from NTSU pertaining to a request to close the following public streets: November 1, 1975--Close Avenue D, between Chestnut and Highland. Close Prairie Street, between Avenue C and Avenue E. Begin construction of HPER Center on site astride of Avenue D and Prairie Street. (Plan #1). September 1, 1976--Close Avenue C between Chestnut and Highland. Begin construction of site development interconnecting the five buildings of the Music Center. Since several interested citizens were present relative to the street closing matter, the Mayor invited them to speak. Zeke Martin opposed the closing, stating that it would condemn his business property abutting Avenue C and Highland, and that Avenue C is the only major artery from University Drive to 1-35E. Robert Caldwell objected, requesting that the Council advise NTSU to either buy or condemn private property before any proposed street closing occurs. A representative of Gibson's Discount Store, voiced his opposition, stating that closing of Avenue C would have a drastic effect on his store. He presented a petition signed by 90% of the business people in the Carriage Square area. August 19, 1975 Continued The Ymyor suggested that interested persons should attend a public hearing on the closing request of NTSU before the Planning and Zoning Commission on Wednesday, August 20, 1975 at 4 p.m. Council Member Mitchell stated that the street closing presented many concerns, stating t~at widening ~f~ Avenue E is not needed unless Avenue C is closed. He added that 3 proposed projects--Sherman, Eagle and the extension of Carroll Blvd. were all more crucial than Avenue E. Mayor Pro Tem King also expressed concern relative to the proposed street closings. 9. Joe Northern appeared regarding the straightening of the access from Fry Street to Avenue A. Northern stated that a 5 year promise by the City Council had not been honored. Council Member Hughes stated that the Council should say yes or no to Mr. Northern. The City Manager advised that if Avenue C were closed, Avenue E wQuld have a priority for improvements, and work on Mr. Northern's request on Avenue A and Fry could be constructed along with Avenue E. No official action was taken. 10. The Council continued consideration of annexation of the following three tracts of land: (A) East of Montecito and Montecito Del Sur additions to Teasley Lane-250.28 acres (B) South of I-3S£ and east of State School Road (Taliaferro's Mobile Home Park)-20.S5 acres (C) East-west strip between Argyle and Copper Canyon-188.94 acres Four land owners in the affected area spoke, with two asking why they were not notified by mail of the proposed annexation. Motion Mitchell, seconded by King that the City make efforts to notify persons whose prQpertx_i~ considered for annexation. Motion carried. Motion King, Second~d5¥Hugh~s_.to auth0rize?.pubtishing of annexation ordinances and to continue annexationprocess. Motion carried. 11. The Council considered a property transfer with Mrs. E. R. Jacobs for land at the intersection of McCormick Street and Avenue A. Motion was made by Stephens, seconded by King that the transfer of property with Mrs. E. R. Jacobs at the intersection of McCormick Street and Avenue A be approved. Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 75-24 AN ORDINANCE REMOVING PARKING ON THE EAST SIDE OF BELL AVENUE FROM UNIVERSITY DRIVE TO SHERMAN DRIVE AND A 112 FOOT STRIP AT THE SOUTHWEST CORNER OF BELL AVENUE AND ~ERMAN DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DtiCL~{ING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Hughes voted "aye", Mitchell voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. August 19, 1975 Continued 13. The following Resolution was presented: AT A KEGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF AUGUST, A.D. 1975. RESOLUTION WHEREAS, the proper installation and maintenance of railroad crossings is a matter of public concern; and WHEREAS, the opportunity to participate with the State of Texas in the ~nprovement of the Sycamore Street crossing is now available through the City-County Railroad Grade Crossing Protection Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTON, TEXAS: That the City of Denton execute a certification statement to the Texas State Highway Department and enter into a contract for the purposes herein expressed and obligate itself in the full amount of Three Thousand Two Hundred Twenty and No/100 Dollars ($3~220.00) for the improvement of the Sycamore Street Railroad Grade Crossing. PASSED AND APPROVED this the 19th day of August, A. D. 1975. /s/ TOM D. J~STER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by King, seconded by Mitchell that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 14. The Council considered Lone Star Gas rate increase request. Mr. Garnet Gilbert, local Lone Star Gas Manager, read the request that was filed with the City. The Mayor suggested that the Council defer action until the City Attorney returns from vacation. The Council concurred. 15. Edward Coomes appeared with other Denton citizens requesting construction of a fire station in east Denton. The City Manager reviewed the original estimated cost for a fire station building and equipment and the estimated annual cost for operation, adding that a Federal grant might be available for such a project. Council member Mitchell suggested that Fire Chief Gentry meet with the Council at the next regular meeting to discuss the matter. August 19, 1975 Continued 16. The Director of Community Development presented copies of the NTSU-Denton Transit Improvement Plan to the Council. 17. Motion was made by King, seconded by Mitchell to approve a quit claim transfer of property to Morrison Milling Company for land at Prairie and Industrial as a part of Bell-McKinney paving project. Motion carried. 18. Motion was made by Mitchell, seconded by Hughes that the following Purchase Orders in excess of $1,000 be approved for payment: #23417 to Allis Chalmers in the amount of $20,360.00 #26488 to Borg-Warner Educational Systems in the amount of $7, 780.25 Motion carried. 19. Bob Smith and Jim Horn of Aerosmith Denton Corporation requested haste in approving a proposed new 30 year contract, stating that they had materials on hand to begin construction of 33 T-Hangars. The Mayor advised that the Council possibly could consider the matter at a special meeting on Tuesday, August 26. 20. The Council considered approval of Change Order #1 to the contract with Brown and Blakney for construction of the 42" water line. Following a briefing by the Director of Utilities, motion was made by Hughes, seconded by King that Change Order #1 with Brown and Blakney be approved in the increased amount of $1,146. Motion carried. 21. Council Member Stephens stated that he was concerned relative to a report ~hat a School Guard at Sherman and Kings Row was not being re-employed. The City Manager stated that a Guard would be at the appropriate school crossings, including Sherman and Kings Row. Council Member Stephens suggested that School and City Officials confer on a Recreational Master Plan. 22. The Council adjourned into ~xecutive Session at 10:35 p.m. 23. The Council reconvened into public session at 11:00 p.m. Motion was made by King, seconded by Mitchell that Charles Muirhead be appointed member of the Board of Adjustment. Motion carried. Meeting adjourned at 11:05 p.m. · MAYOR Municipal Building August 26, 1975 Special Meeting of the City Council of the City of Denton, Texas, Tuesday, August 26, 1975 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tern King, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary ABSENT: City Attorney 1. Motion was made by King, seconded byHughes to approve a contract with Aerosmith Denton Corporation as recommended by the Airport Advisory Board. Motion carried with Jester abstaining. 2. The Mayor opened a public hearing relative to the proposed rate increase for Denton Electric Utility. The Director of Utilities introduced Mr. Forrest Cockrell of Black & Veatch, Electric Consultants to the City of Denton, who reviewed the rate increase recommended by his firm. Cockrell stated: Less increase for small Users. and special winter rates for owners of all electric homes. The City would be unable to meet bond committments without an increase. Discouraged year by year rate adjustments. This could endanger bond committments. Denton's bond ordinance states City must maintain adequate rates. If the new rates create a surplus it would make possible an early retirement of bonds. Mentioned a possible sale of $2,000,000 in bonds in 1976, primarily for substations. Blackburn stated: Denton sells power to Texas Municipal Power Pool at generating plus marginalprofit. Electricity is sold to the Pool only when not required for Denton's needs. Pool members produce for Denton at a price based on price of production. There has not been a sale below our cost. Denton is no~nde:c tile j~urisdiction of the State Utilities Commission ~w~~~ retail sales outside the city limits. The May~invited.~itizens to speak. (A) Mrs. Doyle G~opus, a resident of Kayewood Street, was concerned about a "tremendous increase" in her utility bills from July billing to the current month. (B) Bob Sharpe, 3000 Montecito, felt that all electric home owners were being discriminated against and t~mt something should be done in behalf of electric home o~ners. (C) Mrs. Bill Nash~ 5017 Augusta, asked if the Power Plant was over designed in capacity, if a 2 million dollar bond sale was necessary and inquired as to where Denton stands in using lignite and atomic energy. August 26, 1975 Continued (D) Randall Biddy, 404 Campbell Lane, asked why bills jump month after month and questioned accuracy of utility bills. (E) J. B. Spalding, 2309 Yorkshire, voiced concern about different costs for small and large units, that Denton's growth rate has slowed, and if there was a law against an individual producing energy through solar or wind methods, questioned the late charge of 10% on utility bills and asked that the Council not raise the rates at this time. (F) Mr. Jim Burnett, 130 Bellaire, stated that since 1973 he and his wife had reduced their electric bills through conservation efforts, that many people were moving out of houses on Bellaire and other areas because of high utility bills and that it would be better to raise taxes than utility rates. The City Manager presented a concise over-view relative to the proposed rate increase, pointing out the following: (A) He and the Council regretted the necessity to increase the costs. (B) Fuel adjustment is not a profit it is an expense. (C) The utility rates are definitely not a rip off nor is the agreement to furnish power when necessary to members of the Power Pool. (D) The Nbnicipal Power Plant is owned by all the citizens of Denton and it is the responsibility of the Council and City Staff to maintain and operate the Plant in the best possible manner and to meet any and all bond committments. (E) The electric system has transferred many dollars to the General Fund ~ich has kept the City tax cost at a lower rate. (F) Reviewed facts and figures of the Electric Plant from 1970 and projected it to 1980. Council Member Stephens suggested that the Council defer consideration of the electric rate increase ordinance until the next regular Council meeting. Motion was made by Stephens, seconded by Mitchell to table action on the rate ordinance until the next regular Council meeting. Motion carried. ~eeting adjourned at 9:50 p.m. MAYOR Municipal Building September 2, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 2, 1975 at 7:00 p.m. in the Council Chan~ers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Stephens and Mitchell; City Manager, J~ssistant City Manager, City Attorney and City Secretary. 1. Motion was made by S'tephens, seconded by Hughes that the minutes of the regular meeting of August 19, 1975 and the special meeting of August 26, 1975 be approved. Motion carried. 2. Pat Cheek, Chairman of the Parks Board, appeared to present recommendations of the Board relative to a proposed bond issue in the amount of $1,800,000. She urged the Council to approve the calling of a bond election. Also present and expressing approval was Dr. Harold Reed, John Douthit and Gus Seligmann. Dick Huck, Director of Parks and Recreation, was introduced and urged approval of a bQnd issue election.. The Mayor stated that the Council would study the recommendations and would endeavor to be ready to place the matter on the next regular meeting agenda. 3. BIDS: (A) #8283 Substation Equipment Motion was made by King, seconded by Hughes that the bid be awarded as follows: Items 2A, 2B and 2C to System Control % Priester Supply at a total bid of $109,373.00. Items 2D, 2E, 2F, 2G, 2H, 2J and 2K to Tatnmn at a total bid of $6?,800.00. Motion carried. (B) #839? Anti-freeze For City Equipment Motion was made by Stephens, · seconded by Mitchell that the bid be awarded to the low bidder, B & W Sales Conrpany for Peak Summer-Winter Coolant at a price of $2.37 per gallon in SS gallon drums and $3.10 per gallon in one gallon cans. Motion carried. (C) #8302~ '.~i~a~LI~'For Parks and Recreation Program Motion was made by Hughes, seconded by Stephens that the bid be awarded to the low bidders as follOWs: Items one, two and three to Doak Walker Sport Center, Inc. of Dallas for approximately 400 jerseys with letters at $5.35 each, for a total of $2,140.00. Item four for 24 footballs from Magill Sport Center at $10.95 each for a total of $262.80, for a combined total cost of $2,402.80. Motion carried. 4. Motion was made by Stephens, seconded by Hughes that the following petition be referred to the Planning and Zoning Commission for its recommendation: S-10?, the petition of Mr. L. A. Nelson, requesting that he be granted a specific use permit for a mobile home park at 400 1-35E. Central Freight Lines now occupies the property and a mobile home park, with one mobile home, is also proposed for the site. Motion carried. September 2, 1975 Continued 5. PUBLIC HEARINGS: (A) A public hearing was held on S-106, the petition of Ms. Dolores Henneberger (Anderton Investments, Inc.), requesting that she be granted a specific use permit to operate a private club at 220 West University. This property is located at the northeast corner of the intersection of Bolivar Street and University Drive. The site is presently occupied by the Fun House. After hearing 1 proponent and 2 speaking in opposition, the Director of Community Development reported that the Planning and Zoning Co~nission had recommended approval and that 3 out of 9 voiced opposition by mail, including Asbury Methodist Church. Council Member Hughes requested the City Attorney to advise the Council as to the State law of private clubs and how the law was enforced. Council Member Stephens stated that it was his opinion that the public should decide on the sale of liquor. Heavy traffic on W. University would create a dangerous traffic situation, said J. E Allen, local citizen. . Motion was made by King, seconded by Stephens that the petition be denied. Motion carried. (B) A public hearing was held on the proposed Community Development Act grant application. There was no one speaking in opposition. The City Manager briefed the Council, stating that chances for a grant were rather slim but a grant might be approved in the future, adding that the application must be in the HUD office by October 1 but to COG immediately. Motion was made by Stephens, seconded by Hughes to approve submitting an application for a Community Development Act Grant. Motion carried. 6. Dr. David Speck, Chairman of the Library Board, recommended in behalf of the Board that the Council include the expansion of the present Library building should there be a current bond proposal election, asking that the Library building expansion be placed as a separate item on the proposal in the amount of $400,000. The Mayor thanked Dr. Speck and other members of the Board and stated that the Council would consider their request. 7. Wilford Pierce requested permission to place quality 26 gallon trash containers around the downtown square, the containers to be donated by the Knights of Pythias of Denton. The City Manager recommended that the Council accept this generous offer. Motion was made by Mitchell, seconded by King to accept the offer of the Knights of Pythias of Denton. Motion carried. 8. Don Beck appeared relative to the proposed $1,800,000 bond issue and introduced Ronnie Roberts, representative of boys' baseball, Dr. Marino, representing tennis enthusiasts, Dr. Bob Berg, representing backers of recreation centers. Mrs. Roberta Donsbach of SPAN, voiced, a need for a center for senior citizens. 9. Mrs. Sally Erdman, 302 Texas, appeared concerning health and nuisance problems caused by roosting black birds. She requested the assistance of the City to remove these birds. She presented an example of the problem in a cellophane covered box. The Mayor advised Mrs. Erdman that the Council would explore the possibility of the Police or Fire Department assisting, but also to investigate any other possible way to solve the problem. September 2, 1975 Continued 10. Jack Gentry, Denton Fire Chief, briefed the Council on Denton's fire fighting capabilities, giving -running time from existing stations to various location of fires. He stated that Denton needs more Firemen and that Central Station needed attention, adding that the City needed a station in the southeast and northeast sections. 11. The following ordinance was presented: ORDINanCE NO. 75-25 AN ORDINANCE AMF~NDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING NEW MONTHLY RATES FOR ELECTRIC UTILITY SERVICE;PROVIDING A PENALTY FOR OVERDUE PAYMF~; PROVIDING CERTAIN OTHER REGULATIONS AND STATEMENTS OF POLICY; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. The City Manager stated that a public hearing had been held where citizens were heard and a report was given by Denton's consulting engineer. He added that Denton now has a cash flow deficit and that the financial situation is critical. He asked for an ~mnediate effective rate increase date. The girector of Utilities gave comparative costs of electric operation since 1965, giving as an example the fact that natural gas costs 5 times more today than in 1972 and other supplies and equipment had increased drastically. The Director of Finance gave a brief report of the electric utility financial situation. Motion was made by King, seconded by Hughes that the ordinance be passed. Council Member Mitchell asked for further discussion before the vote, stating that he preferred a partial yearly increase. Council Member Hughes said she felt that a delay would endanger Denton's electric system. White--Such a delay could wreck our financial structure. Council Member Mitchell--Why has it been asked that the date of implementation be immediate? White--If we wait until cold weather we lose 2 months of higher usage. A roll call vote was then taken on the motion above by King, seconded by Hughes; Stephens voted "aye", Hughes voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 75-26 AN ORDINANCE REMOVING PARKING ON THE SOUTH SIDE OF CORDELL STREET FROM FULTON TO A POINT APPROXIMATELY 350 FEET WEST OF FULTON; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed as recommended by the Traffic Safety Commission. Oh roll call vote Mitchell voted "aye", Hughes voted "aye". Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. September 2, 1975 Continued 13. The following Ordinance was presented: ORDINANCE NO. 75-27 (Harry Down) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NO. 5, CITY BLOCK NO. 4057, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF TH~ CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by King that the ordinance be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 14. Motion was made by Stephens, seconded by King to approve advertising for bids on Paving Assessment Project #7. Motion carried. 15. The Council received Minute Orders from the Planning and Zoning Commission on the following: (A) Concerning historical zoning. (B) Proposal to close several streets in the NTSU area. No action was taken but the Mayor stated that a joint meeting with the Planning and Zoning Commission would be arranged as soon as possible. 16. The Council considered approval of the Texas Municipal Power Pool Committee's action concerning negotiations with Lone Star Gas Company. Motion was made by Hughes, seconded by Stephens to authorize the Power Pool Committee's action concerning negotiations with Lone Star Gas Con~pany as recommended by the Utilities Board, with Denton's share of the fee to be 20% of $19,000.00 or $3,800.00. Motion carried. 17. The Council considered approval of the Texas Municipal Power Pool Committee's request for testing quality of gas provided by Delhi Gas Pipeline Cmnpany. Motion was made by Mitchell, seconded by King to approve the Power Pool Committee's request for testing quality 9~ g~s provided by Delhi Gas Pipeline Company, with Denton's ~hare of the cos~ to be 20% of $1,000 or $200.00. Motion carried. ~ ..... ,? 18. The Council considered approval of the Texas Municipal Power Pool Conmittee's request for studies on Economic Dispatch. Motion was made by King, seconded by Mitchell to approve the Power Pool Conmittee's request for studies on Economic Dispatch, with Denton's share of the cost to be 11.9% of $13,200 or $1,570.80. Motimn carried. 19. The Council considered approval of the Texas Mmmicipal Power Pool Committee's request for a staff increase. Motion was made by Mitchell, seconded by King that the Power Pool Committee's request for staff increase be approved as follows: Financial Management- $24,000 per year; Bookkeeper-S500 per month; Land Man-S16,000 per year. Motion carried. tl 0 September 2, 1975 Continued 20. The Council considered approval of the Texas Municipal Power Pool Committee's acceptance of Caddo Mills Oil Terminal Storage Tanks and operating and maintenance agreement. Motion was made by Mitchell, seconded by King that the Power Pool Committee's acceptance of Caddo Mills Oil Terminal Storage Tanks and operating and maintenance agreement be ~pproved in the approximate amount of $2,1D0.00. Motion carried. 21. The Council considered approval of Change Order #3 on contract for construction of raw water line. Motion was made by Hughes, seconded by Stephens that Change Order #3 to Steed Construction Company in the increased amount of $836.21 be approved. Motion carried. 22. Motion was made by Stephens, seconded by King that the following Purchase Orders in excess of $1,000 be approved for payment: G. R. Haley Company $2,230.00 U. S. Post Office $2,000.00 U. S. Post Office $2,000.00 Motion carried. 23. The Council adjourned into Executive Session at 11:16 p.m. 24. The Council reconvened into Public Session at 11:55 p.m. Motion was made by King, seconded by Stephens to hire ~arl Coleman, local Attorney, to handle the legal aspects of right-of-way acquisition on Carroll Boulevard. Motion carried. Meeting adjourned at 12 midnight. MAYOR Municipal Building September 9, 1975 Called meeting of the City Council, City of Denton, Texas, Tuesday, September 9, 1975 at 7:00 a.m. in the Little Room at the Ramada Inn. Present: Mayor Jester M~yor Pro Tem King, Council Members Stephens, Hughes and Mitchell; City Manager, City Attorney and Assistant City Secretary; General Telephone Representatives Ted Coker, Revenues & Earnings Manager, Rex Bailey, Vice President Revenue Requirements and Harlan Jones, Division Manager. 1. Mayor Jester called the meeting to order and asked the City Attorney to discuss his response to General Telephone~s rate request. After the City Attorney's discussion General Telephone representatives were asked to 'respond to his presentation. They explained that they could not accept the City Attorney's recommendation, but that they were not that far apart on the negotiations. After several specific questions it was decided that the meeting should be continued in order to give the City Attorney and the General Telephone representatives more time to reach a solution. No official action was taken. The meeting adjourned at 8:35 a.m. Assi'stant 6ity Sscretary Municipal Building September 10, 1975 Joint meeting of the City Council and the Planning and Zoning Commission, City of Denton, Texas, Wednesday, September 10, 1975 at 4 p.m. in the Council Chambers of the Municipal Building. PRESENT: CITY COUNCIL: Mayor Jester, Mayor Pro Tem King, Council Members Mitchell, Hughes and Stephens; City Manager, City Attorney, Director of Community Development and City Secretary. PLANNING AND ZONING COMMISSION: Bob Manning, Chai~nan, Milton Hill, Ann Powell, A1 McNatl and Bill Allen. 1. The Council and the P ~ Z b~egan a discussion of thc proposed street closings as requested by NTSU. Jack Gray, local attorney, representing people to retain Avenue C, stated that the Supreme Court upheld a ~imilar case with the ruling that paramount use of streets and the best public interest were the determining factors. Gray stated that his law firm would represent the City in an Avenue C condemnation cas~ without charge in order to uphold paramount use of Avenue C in the best public interest. The Council and P & Z adjourned into Executive Session at 4:25 p.m. The Council and P & Z reconvened into Public Session at 5:20 p.m. White stated that there were two requests by NTSU--closing of portions of Avenue D and W. Prairie to begin in November of this year and closing of a portion of Avenue C in the Fall of 1976, and that NTSU had agreed that if the streets were closed tPpay for relocation of all utilities. 2. Th~ coUncil and P & Z discussed the proposed construction of Loop 288. The City Manager stated that the City must enter an agreement for right-of-way acquisition or the entire project could be cancelled. Under the proposed contract, the City would pay costs of an appraiser, 50% of the right-of-way, the cost of any condemnation suit and the State could accept or reject. The City would buy a small amount of right-of-way at a time over an indefinite period of time. The Mayor stated that the City could not afford to say no to the State. 3. Priorities for construction projects included in the 1973 street improvement project were discussed. The Director of Conm~unity Development briefed the Council and Planning and Zoning Commission and discussed already set priorities. No official action was taken. Meeting adjourned at 7 p.m. ~~_~~ Municipal Building September 11, 1975 Joint meeting of the City Council and the Parks Board, City of Denton, Texas, Thursday, September 11, 1975 in the Little Room of the Ramada Inn at 7 a.m. CITY COUNCIL: Mayor Jester, Mayor Pro Tem King, Council Members Mitchell, Hughes and Stephens; City Manager, Assistant City Manager and Assistant City Secretary. PARKS BOARD: Cheek, Logan, Reed, Douthit and Wright; Director of Parks and Recreation and Superintendent of Parks. 1. Mayor Jester called the meeting to order and asked Pat Cheek, Chairman of the Parks Board, to brief the Council on the proposed bond issue. She called on Dick Huck, Director of Parks and Recreation, to go over the specifics of the recommendations. The Park Board recommended a 1.8 million dollar program and further recommended that it not be cut. There followed questions and discussion as to the timing of the election. No official action was taken. Meeting adjourned at 8:30 a.m. ASSISTANT CITY SECRETARY Municipal Building September 16, 1975 Regular meeting of the City CoLmcil, City of Denton, Texas, Tuesday, September 16, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tern King, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Hughes that the minutes of the regular meeting of September 2, 1975 and the special meetings of September 9, 10 mid 11, 1925 be approved.. Motion carried. 2. BIDS: (A) #8301 Police Uniforms Motion was made by King, seconded by Mitchell that the bid be awarded as follows: Item one, long sleeve shirt at $10.92 each; Item two, short sleeve shirt at $9.97 each and Item three, pants at $19.95 each to Cravens of Denton; Item four, police caps at $8.50 each to Donovan Uniform Company of Dallas, for a combined total of $7,443.00 Motion carried. (B) #8303 Surveying Equipment Motion was made by Stephens, seconded by King that the bid be awarded to the low bidder meeting specifications, K ~ E Company, for the Zeiss for a total price of $2,457.60. Motion carried. (C) #8304 Se~l~ective Weed Killer ~'Motion '~.'.~made by King, seconded by Mitchell that the bid be awarded to the low bidde~ ~V~n' w~ters & Rogers in the amount of $6.75 per gallon for a total price of $1,687.50. Motion carried. 3. REFERRALS: Motion was made by Stephens, seconded by Hughes that the following four petitions be referred to the Planning and Zoning Commission for its recon~nendat ions: (A) Z-1259, the petition of Mr. Ken Ford, requesting that the zoning classification of 415 Jagoe Street be changed from the Multi-Family (MF-1) to the Office (0) classification. (B) Z-1260, the petition of Mr. B. G. ~?ler, requesting that the zoning classification of 2024 Denison be changed from the Single Family (SF-7) to the Office (O) classification. (C) S-109, the petition of Mr. B. G. Tyler, requesting that he be granted a specific use permit to operate a restaurant, without drive-in service, at 2024 Denison. (D) S-108, the petition of the Utility Department, City of Denton, requesting that they be granted, a specific use permit for an electrical substation on two lots at the southeast corner of F, lm and Taliaferro Streets. City Tax Records designate this property' as Block 413, Lots 36 & 37. Motion carried. September 16, 1975 Continued 4. Mr. George Schneider, representing the Research and Economic Development Board, advised that the Board had a broad base plan of activities, including local, regional and national, with local having first priority. He advised that the Board recommended the firm of Norsworthy, Mercer & Kerss, Inc. to handle advertising and public relations, and that detailed plans would be available at a future date for Council approval. Mr. Schneider introduced Mr. Melville Mercer, Chairman of the Board of Norsworthy, Mercer & Kerss, Inc., who showed slides of the original promotional program to sell "Dynamic Denton". Mercer stated that as a result of the program eight new industries came to Denton resulting in substantial monetary gain to the community. Mary Claude Gay, member of the Research and Economic Development Board, stated that expert assistance is needed and that $10,000 is required for N0rsworthy- Mercer and Kerss, Inc. to commit necessary staff for this long term project. Hughes--What kind of budget is the Research and Economic Development Board requesting? Schneider--S30,000. Hughes--How much in taxes resulted from the eight new industries mentioned? White~-$178,000 per year or 14% of what Denton received this year. Motion was made by King, seconded by Mitchell to approve the request of the Research and Economic Development Board for $10,000. Motion carried. 5. A public hearing was held on the 1975-76 Municipal Budget. The City Manager briefed the Council, stating as follows: (A) A ? million dollar gas bill accounts for most of the cost increase of electric production. (B) Yearly budget increases have been consistent with our growth. (C) We hope for stabilization of the economy. (D) We plan to hire 3 firemen, 3 policemen and 2 employees in the Solid Waste Department on January 1, 1976. (E) The item "Miscellaneous Accounts" in the budget is actually a reserve to go toward possible salary adjustments. (F) We hope to reduce personnel turn over by bringing salaries in line as close as possible. (G) The budget shows no expanded program in any area of service but does maintain present service. (H) There is an overdraft in utilities, but this is a cash flow problem. (I) We anticipate a transfer of one million dollars from the utilities to the general fund. Dr. John Nelson stated that the Council and management were charged with the responsibility of finances of the City. The Mayor closed the public hearing. The following remarks were made: Stephens--Recommended adding $2,000 to the budget for the Bicentennial Project and to delete $42,000 for an Electric Research Institute Membership. White-~We can also amend the budget in the amount of $2,000 for RSVP, and could add the $42,000 for Electric Research Institute Membership later, if it becomes necessary. September 16, 1975 Continued 6. The following Ordinar~e was presented: ORDINANCE NO. 75-28 AN ORDINANCEADOPTING THE ~JDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1975, AND ENDING ON SEPTEMBER 30, 1976; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1975; LEVYING TAXES FOR THE YEAR 1976 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Hughes that the Ordinance be passed with the following ~nenchnents: (A) Delete $42,000 for Electric Research Institute Membership. (B) Add $2,~00 for RSVP. (C) Add $2,000 for Bicentennial Project. The Mayor stated that City employees are under paid, requesting that the Council continue to consider funds for salary increases. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" ~md Jester voted "aye". Motion carried. 7. Jesse Coffey of ~e Denton County Health Planning Council offered the Council's services to the City Council. 8. L.G. Melton, local citizen, appeared relative to the proposed parks bond issue, asking that the election be delayed, that taxes not be raised and that policemen and firemen's salaries should be raised. 9. Th~ Mayor asked ~r Council comment on the proposed bond election. Hughes--I have received more phone calls relative to the proposed bond election than on any other matter. She said the amountof the bond issue was realistic. ~rank Medanich of the First Southwest Company, Financial Advisors for the City, briefed the Council on the process of a bond election. Hughes--Asked if the Council should include the Library request of $400,000. Medanich--It is not incorporated in the notices of this meeting. King--I believe ttmt the parks bond proposal only should be presented to the electorate at this time. The Mayor concurred. 10. The following Ordinance was presented: ORDINANCE NO. 75-29 ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS ~ COUNTY OF DENTON ~ CITY OF DENTON ~ WHEREAS, it is deemed, necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said' meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. September 16, 1975 Continued THE COUNCIL OF THB CITY OF DENTON HBRBBY ORDAINS: 1. That an election shall be held on October 7, 1975, in said City at the following designated polling place: THB CO~qUNITYBUILDING IN THE CIVIC CENTER. Said City shall constitute a single election precinct for said election, and the ~following election officers are hereby appointed to hold said election: Presiding Judge: J.L. Carrico Alternate Presiding Judge: Alma Trapp 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. That all resident, qualified electors of the City shall be entitled to vote at said election. 5. That notice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall and at two other places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. 6. That at said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $1,800,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear inter- est at such rates as shall be determined within the discretion of the City Council, for the purpose of purchasing and improving lands for park purposes; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 7. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, with the ballots to contain such provisions, markings, and language as required by law, and with such PROPOSITION to be expressed substantially as follows: PROPOSITION FOR ) ) THE ISSUANCE OF $1,800,000 OF PARK ) GBNBRAL OBLIGATION BONDS AGAINST ) Sept~nber 16, 1975 Continued 8. That it is hereby found and determined that the probable period of usefulness of the proposed !hnprovements covered by the aforesaid PROPOSITION is 30 years. 9. That Article 9, Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify: "(6) a determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas."; and The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $9,464,000, and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. Motion was made by King, seconded by Mitchell that the Ordinance be passed with the election to be held on Tuesday, October 7, 1975 and that Dr. J. L. Carrico be appointed as presiding judge and Alma Trapp as alternate presiding judge. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 1I. The Mayor named the retiring Municipal Board Members, stating that a plaque would be presented to each retiring member. He thanked them for their unselfish service. 12. ~he Council considered approval of plans and specifications for Paving Assessment Project #7. Following a briefing by the Director of Community Development, motion was made by King, seconded by Mitchell to approve plans and specifications for Paving Assessment Project #7. Motion carried. 13. The Mayor read. a Proclamation proclaiming the month of September as YMCA Parent Child Month in Denton. 14. The following Resolution was presented: AT A REGULAR N~ETING OF THE CIl~f COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF SEPTEMBER, A.D. 1975. RESOLUTION WHEREAS, General l~lephone Company has performed work on their under- ground installations on Bolivar Street and excavation and cutting of pavement has been done in order to do such work; and WHEREAS, General Telephone Company has contracted with Shaw Construction Conrpany to perform certain work on Bolivar Street; and WHEREAS, Shaw Construction Company has subcontracted paving work on Bolivar Street to Calvert Construction Company; and WHEREAS, the City of Denton is desirous of doing the paving work and Calvert is agreeable, upon the payment of the sum of Two Thousand $2,000.00) Dollars by the City of Denton, to assigning their rights and interest in their contract with Shaw Construction Company to the City of Denton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: September 16, 1975 Continued That Tom D. Jester, Jr., Mayor of the City of Denton, is hereby authorized to sign a contract between Calvert Construction Company and the City of Denton assigning Calvert's interest in its contract with Shaw Construction Company to the City of Denton, and the City is hereby authorized to pay to Calvert Construction Company the sum of Two Thousand ($2,000.00) Dollars as consideration for such interest° PASSED AND APPROVED this the 16th day of September, A. D. 1975. /s/ TOM D. JESTERs JR., MAYOR CITY OF DENTON, TEXAS A%TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Hughes that the Resolution be passed and the Mayor authorized to sign a contract with Calvert Construction Company. On roll call vote Mitchell voted "aye", Stephens voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 15. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF SEPTEMBER, A.D. 1975. RESOLUTION WHEREAS, it is a public necessity to obtain certain properties for street improvements and capital improvements in the City of Denton; and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of Twenty-Five Thousand Five Hundred Fifty-Three and Fifty Cents ($25,553.50)·Dollars costs, of closing included; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to U. S. Life & Title Company in the amount of Three Thousand Eight Hundred Ninety-Three and Fifty Cents ($3,893.50); the amount of Six Thousand Eight Hundred Fifty and No/100($6,850.00) be expended to the County Clerk's Office for Eminent Domain Awards and the sum of Fourteen Thousand Eight Hundred Ten and No.100 be expended as miscellaneous expenditures as per the attached addendum affixed hereto. PASSED AND APPROVED this the 16th day of September, A. D. 1975 TOM D. JESTER, JR., MAYOR A~EST: CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY September 16, 1975 Continued ADDENDUM OF PROPERTIES ~ EXPENDITURES 1. STREET IMPROVF2qENT BOND FUNDS: U. S. LIFE & TITLE COMPANY: St. Andrew Presbyterian Church Pearl $ 3,893.50 $ 3,893.50 2. COUNTY CLERK'S OFFICE FOR EJqlNENT DOMAIN AWARDS: Louise Cochran Bell Avenue $ 6,850.00 $ 6,850.00 Fxtension 3. MISCELLANEOUS EXPENDITURES: Earl Coleman Legal Services $ 1,285.00 Ronald Stone & Russell Bates Pearl 4,775.00 Real Estate Services Carroll Blvd. 8,750.00 Appraisals TOTAL MISCELLANEOUS .......... $14,810.00 $14,810.00 TOTAL EXPENDITURES ...... $25,553.50 Motion was made by Stephens, seconded by Hughes that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 16. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF SEPTEMBER, A-l). 1975 RE S O LUT I ON WHEREAS, T. E. Uland has been a resident of Denton for forty years; and WHEREAS, T. E. Uland owns al.1 the land South of Fritz Street from Vine to Rose; and WHEREAS, T. E. Uland has dedicated to the City the right of way for Fritz Street from Frame to Rose; and WHEREAS, The City Council deems it appropriate to change the name of Fritz Street to Uland Street in honor of T. E. Uland; NOW THEREFORE, BE IT RESOLV~ BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: Fritz Street is hereby changed to Uland Street. PASSED AND APPROVED THIS the 161~a day of September, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS September 16, 1975 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Mitchell that the Resolution be passed. On roll call vote Hughes voted "aye", Mitchell voted "aye" Stephens voted "aye", King voted "aye", Jester voted "aye". Motion carried. ' 17. The Council received a report of steps taken to control birds in the City,, The Council was briefed by the Assistant City Manager, who presented a detailed letter relative to the problem. Mr. Floyd Jenkins, a resident of Texas Street, presented an open invitation to nature lovers, health officials and the City Council to visit their wooded back yards any evening around 8 p.m. 18. The Council considered contracts between the City of Denton and Texas Municipal Power Agency. The Mayor stated that a study session meeting would be held on Friday, September 19, 1975 at 12 noon with the Public Utilities Board to consider the matter. The Council concurred that a study session meeting be set. 19. Motion was made by Stephens, seconded by Mitchell that the following purchase orders in excess of $1,000 be approved for payment: Bro-Dart, Inc. $1,883.38 Allis Chalmers $4,950.80 Motion carried. 20. The Council adjourned into Executive Session at 9:25 p.m. 21. The Council reconvened into Public Session at 9:49 p.m. to report that no official action was to be taken. Meeting adjourned at 9:50 p.m. MAYO~~-,~~' Municipal Building October 7, 1975 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, October 7, 1975 at 7 p.m. in the Council Chambers of the Municipal Building. PP~ESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by King, seconded by Hughes that the minutes of the regular meeting of September 16, 1975 be approved. Motion carried. 2. REFERRALS: Motion was made by King, seconded by Mitchell that the following five petitions be referred to the Planning & Zoning Con~nission for its recommendations: (A) S-112, the petition of Ms. Susan McGraw, requesting that she be granted a specific use permit to operate a day nursery in a University Zone at 806 Avenue D. This lot, comprising approximately .4 acres, is located on the west side of Avenue D. (B) Z-1261, the petition of Mr. Robert Speake, requesting that the zoning classification of a lot at 1926 N. Locust be changed from the Single Family (SF-7) to the Agricultural (A) classification. This property is located on the southeast corner of the intersection of Sherman Drive and Locust Street. (C) S-III, the petitioa of Mr. Michael George, requesting that he be granted a specific use permit for a licensed private club located in a Commercial zone at 601 Fort Worth Drive. This property, comprising approximately 1 acre, is located on the east side of Fort Worth Drive. This is the former location of Jay's Grill. (D) S-108, the petition of Mr. Robert Speake, requesting that he be granted a specific use permit to operate a plant nursery in an Agricultural (A) zone at 1926 N. Locust. This property is located on the southeast corner of the intersection of Sherman Drive and Locust Street. (F~) S-113, the petition of the First Assembly of God Church, request- ing that they be granted a specific use permit to operate a day care center at 2227 Carroll Boulevard. This property, comprising approximately 1.8 acres is located on the west side of Carroll Boulevard. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on S-105, the appeal of Mr. D. V. Foster, requesting that he be granted a specific use permit to operate a private club at 1125 East University Drive. The property in this request is located at the northwest corner of ~ast University Drive and Ruddell. There is an existing shopping center on this property and the private club is proposed for the east side of this shopping center. St~eakin~favor of the appeal was D. V. Foster, Attorney. Mrs. Doyle Copus aB~~or spok~ ~ opposition, and a petition containing names of 594 area r~sident~· wa~' ~ s presented to the Council. The Director of Community Development stated that out of 26 letters mailed to property owners 14 were returned in opposition and 3 in favor, adding that the Planning and Zoning Co~mmission had recommended denial. Motion was made by ~ughes, seconded by Stephens that the appeal be denied. Motion carried unanimously. October 7, 1975 Continued (B) A public hearing was held on Z-1258, the petition of Mr. Paul Haywood, requesting that the zoning classification of a tract at 1203 Avenue A be changed from the Single Fam/ly (SF-7) to the Multi-Family (~F-1) classification. ]~is tract, comprising approximately 1.2 acres, is located on the southeast corner of Avenue A and Collins Street. After hearing 1 proponent and none speaking in opposition and a report from the Director of Community Development stating that 28 notices had been mailed, with 7 in favor and 9 in opposition and a report that the Planning and Zoning Commission had recommended approval, motion was made by King, seconded by Mitchell that the petition be approved. Motion carried unanimously. (C) A public hearing was held on S-107, the petition of Mr. L. A. Nelson, requesting that he be granted a specific use permit for a mobile home park at 400 1-35E. Central Freight Lines now occupies the property and a mobile home park, with one mobile home is proposed for the site. After hearing 1 proponent and none in opposition and a report from the Director of Co~nunity Development of approval by the Planning and Zoning Commission, motion was made by Stephens, seconded by Mitchell that the petition be approved. Motion carried. (D) A public hearing was held on Z-1255, the petition of Mr. R. D. Welborn and Mr. J. L. Brown, requesting that the zoning classification of two lots in the 1300 block of Greenlee Street be changed from the Single Family (SF-7) to the General Retail (GR) classification. This tract, comprising approximately 1.3 acres is located on the south side of Greenlee Street near the intersection of Greenlee and 1-35E. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by King, seconded by Hughes that the petition be approved. Motion carried. 4. The Mayor read and presented a Special Achievement Recognition Award to Doug Hill, who conceived and~promoted' the fire works display presented at Fourth of July celebrations at Fouts Field, sponsored by the Kiwanis Club. 5. The Mayor read a Proclamation proclaiming October 12-18 as Legal Secretaries Week. 6. The Council considered resolutions approving the issuance of bonds by the Denton County-City of Denton, Texas Hospital Board; approving the sale of such 'bonds; making provisions for payment of maintenance and operating expenses of Flow Memorial Hospital by the City of Denton; ratifying and confirming creation of Hospital Board and contracts between the City of Denton and Denton County and the bylaws of the Hospital Board. The following Resolutions were presented: (A) A RESOLUTIONBYTHE COF~4ISSIONERS' COURT OF DENTON COUNTY, TEXAS, Rt!LATING TO PROVISIONS TO BE MADE BY DENTON COUNTY, TEXAS, WITH RESPECT TO THE HOSPITAL OPERATED BY THEDENTONCOUNTY-CITYOF DENTON, TEXAS, HOSPITAL BOARD; ~MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH. W~RF~\S, the City Council of the City of Denton, Texas, and the Commissioners' Court of Denton County, have heretofore executed a contract effective October 1, 1971, whereby both political subdivisions agreed to provide jointly funds for the operation of the Flow Memorial Hospital; and ;~REAS, the Denton County-City of Denton, Texas, Hospital Board, the operator of said hospital, as the joint agent of said City and County, is in the process of authorizing the issuance of bonds in order to provide for hospital improvements, and the prospective purchaser of one of the series of bonds has requested the existing arrangement of the City and County be clarified; now, therefore, October 7, 1975 Continued BE IT RESOLVED BY THE COF~ISSIONERS' COURT OF DENTON COUNTY, TEXAS: SECTION 1: The amount to be transferred annually to the Hospital Board by Denton County under the provisions of paragraph numbered I o£ the contract between the identical parties which was effective October 1, 1971, shall be the lesser of: (a) an amount equivalent to the principal of and interest on the Series 1975 mhd 'the Series 1975-A bends (in the process of being issued 'by 'the said Hospital Board), or (b) the amount that a tax of 10¢ on the $100 valuation would produce on the County tax roll (Assuming the then current rate of collection). SECTION 2: The amount to be transferred annually to the Hospital Board by the City of Denton shall be an amount equal to the an~unt paid by Denton County under Section 1. SECTION 3: The covenants of Sections 1 and 2 shall be effective during the time the Series 1975-A bonds are outstanding and unpaid. PASSED AND APPROVED, this the 6th day of October, 1975. /s/ COUNTY JUDGE, DENTON COUNTY, TEXAS ATTEST: /s/ COUNTY CLERK, DENTON COUbFI~, TEXAS APPROVED: /s/ MAYOR, CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY, CITY OF DENTON, TEXAS Motion was made by King, seconded by Stephens that the Resolution be approved. On roll call vote Hughes voted "aye", Mitchell voted "aye", Stephens voted "aye", King voted "aye" and Jester voted "aye". Motion carried. (B) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO MAKING PROVISION FOR THE OPERATION OF THE FLOW MEMORIAL HOSPITAL. WHEP~EAS, the City Council of the City of Denton, Texas, and the Commissioners' Court of Denton County, have heretofore executed a contract effective October 1, 1971, whereby both political subdivisions agreed to provide jointly funds for the operation of the Flow Memorial Hospital; and WHEREAS, the Denton County-City of Denton, Texas, Hospital Board, the operator of said hospital, as the joint agent of said City and County, is in the process of authorizing the issuance of bonds in order to provide for hospital inrprove- ments, and the prospective purchaser of one of the series of bonds has requested the existing arrangement of the City and County be clarified; now, therefore, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The resolution heretofore adopted by the Commissioners' Court of Denton County, Texas, a true copy of which is attached hereto as an Exhibit (and made a part hereof for all purposes) is hereby approved. October 7, 1975 Continued SECTION 2: The Mayor is authorized and directed to (i) furnish a certified copy of this resolution (with its attached Exhibit) to the County Judge of Denton County, and (ii) sign a copy of the attached Exhibit showing approval by the City of Denton, Texas, through this governing body. SECTION 3: This resolution shall be in force from and after its passage and it · s so resolved. PASSED AND APPROVED, this the 7th day of October, 1975. /s/ MAYOR, CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY ATTORNEY · Exhibits are filed in packet #4?$0 in the City Secretary's Office Motion was made by King, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell voted "aye", Stephens voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. (C) A RESOLUTIONBYTHE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ~%TIFYING AND CONFIRMING THE ESTABLISk~ OF THE HOSPITAL BOARD; APPROVING THE PROPOSED ISSUANCE OF BONDS BY THE DENTON COUNTY-CITY OF DENTON, TEXAS, HOSPITAL BOARD; APPROVING THE SALE THEREOF. ~EREAS, the Denton County-City of Denton, Texas, Hospital Board has been heretofore established under the provisions of Article 4494i-1, V.A.T.C.S., and as the Agent of the City and County operates the Flow Memorial Hospital; and ~RRIS, the Board of Directors has entered into negotiations with and proposes to authorize the issuance of bonds, but the same may be delivered only if approved by this governing body; now therefore, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The creation of the Denton County-City of Denton, Texas, Hospital Board under the provisions of Article 4494i-1 by the City Council of the City of Denton, Texas, and the Comissioners' Court of Denton County is hereby ratified and confirmed, and the contract heretofore executed by and between the City of Denton, Denton County and the Flow Memorial Hospital and the By-laws heretofore adopted by said Board of Directors and approved by said City and County are hereby approved, ratified and confirmed. SECTION 2: That the authorization, issuance and delivery of the two series of bonds under the terms and conditions set forth in the attached resolution (Exhibit A) of the Board of Directors of the said Board, is hereby approved. The Direct Loan Agreement by and between the Board and Secretary of Health, Education and Welfare (Exhibit B) is hereby approved. SECTION 3: The sale of the Denton County-City of Denton, Texas, Hospital Board Revenue Bonds, Series 1975, to the Secretary of Health, Education and Welfare at the price of par and accrued interest is hereby approved. SECTION 4: ~e sale of the Denton County-City of Denton, Texas, Hospital Board Revenue Bonds, Series 1975-A, to First Denton County National Bank and First State Bank of Denton at the price of par and accrued interest is hereby approved. October 7, 1975 Continued SECTION 5: T~is resolution shall be effective from and after its passage. PASSED AND APPROVED, this the 7th day of October, 1975. Mayor, City of Denton, Texas ATTEST: CItY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CI?Y ATTORNEY ~ Exhibits are filed in packet #4750 in the~City Secretary's Office Motion was made by King, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell voted "aye", Stephens voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 7. After receiving Minute Order from the Planning and Zoning Commission, the City Attorney gave his opinions relative to possible conflict of interest in the case of 3 Council Members voting on the North Texas State University street closing request. He stated that the 3 NTSU members did not have a legal conflict because he could not find a personal pecuniary interest regarding the street closings. However, he did state that there were other factors to be considered in this instance. Isham stated that many citizens had already concluded that there was a conflict and it was important that the Council maintain and retain the confidence of the public. Therefore, it was his opinion that even though there was not a legal conflict, the 3 NTSU Council Members should abstain from any consideration of the NTSU street closing request. Upon questioning of the Mayor, Council Members Stephens, Mitchell and Hughes stated that they would abstain. Isham then said the matter could not be acted upon by the Council because there was no possibility of a favorable vote being reached with 3 Council Members abstaining. 8. Jim Hawkins, speaking for Bill Angelo, appeared before the Council requesting renewal of a permit to paint house numbers on street curbs. Motion was made by Hughes, seconded by Stephens that the request be approved. Motion carried. 9. After reading the names of citizens by Mayor Pro Tem King, Chairman of the Nominating Committee, to serve as members of the Charter Revision Committee, motion was made by King, seconded by Stephens that the following citizens be named to the Charter Revision Co~nittee as r~commended by the Nominating Committee: Frances Pender Bill Brady Sue Smith Jack Brown Nick Stabile Lonnie Yarbrough George Hopkins Alex Finlay Mary Evelyn Huey Hugh Ayer John Thompson Rev. Jose Mata John Nelson Ruby Cole George Holladay Motion carried. Motion was then made b? King, seconded by Mitchell that the organizational meeting of the Committee be set on or about October 20, 1975. Motion carried. October 7, 1975 Continued 10. The Director of Community Development briefed the Council relative to drainage problems on South McCormick, stating that paving costs would be approximately $47,000. Motion was made by Mitchell, seconded by King to table the matter for further study.' Motion carried. 11. Motion was made by King, seconded by Mitchell to reappoint Dr. Charles Saunders, John Carter and Dr. George Holladay to the Flow Memorial Hospital Board. Motion carried. 12. The Council received Minute Orders relative to the NTSU-Denton Transit Improvement Plan from the Planning and %oning Comnission and the Citizens Traffic Safety Support Commission. Motion was made by King, seconded by Mitchell to table the matter for further study. Motion carried. 13. Motion was made by King, seconded by Stephens to accept resignation of Jack Gray from the Citizens Traffic Safety Support Con~nittee. Motion carried. 14. The following Ordinance was presented: ORDINANCE NO. 75-30 (Paul Haywood) AN ORDINANCEAMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED ASANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NO. 1, CITY BLOCK 353, AS SHOWN THIS DATE ON THB OFFICIAL TAX MAP OF THE CITY OF DRNTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 15. Motion was made by Stephens, seconded by Mitchell to approve an agree- ment between the City of Denton and the U. S. Coast Guard Auxiliary and to authorize the Mayor to sign. Motion carried. 16. The following annexation Ordinances were presented: (A) ORDINANCE NO. 75-31 AN ORDINANCEANNEXING A TRACTOF LAND CONTIGUOUS ANDADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 250.28 ACRES OF 1AND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE T. PEACOCK SURVEY, ABSTRACT NO. 1589, C. POULLALIER SURVEY .~STRACT NO. 1006AND J. FISHER SURVEY, ABSTRACT NO. 421, DENTON COUNTY, TEXAS CI&SSIFYING THE SAME AS '~" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried.. (B) ORDINANCE NO. 75-32 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 20.55 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AN~ BEING IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 950 AND GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. October 7, 1975 Continued (C) ORDINANCE NO. 75-33 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 188.9 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE J. SMITH SURVEY, ABSTRACT NO. 1180, F. RAMSEY SUrVEY, ABSTRACT NO. 1102, T & P RAILROAD COMPANY SURVEY~ ABSTRACT NO. 1S36, AND THE R. KNIGHT SURVEY, ABSTRACT NO. 702, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by King that the ordinance be passed. On roll call vote Stephens voted "aye", Hughes voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 17. The Council considered an Ordinance setting rates on water and sewer. The Council was briefed by the City Manager who stated that the rates had been recommended for approval by the Utilities Board. Motion was made by Stephens, seconded by Mitchell that the Ordinance be tabled until a study session has been held. Motion carried. 18. (A) The following Resolution was presented: A RESOLUTION BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO CERTAIN DOCUMENTS AND CONTRACTS BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THIRD PARTIES: RESOLVING THAT SUCH DOCUMENTS Bt~] FILED IN THE OFFICIAL RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this governing body has heretofore authorized the execution of a contract by and between this City and the Texas Municipal Power Agency; and WHEREAS, this Council has been supplied with other docu~nents relating to the same transactions which are to be executed by other parties, and this Council deems it proper that such documents be filed with the City Secretary of this City in order that an official record will be maintained of all of the proceedings contemplated in connection with the financings of said Agency; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That receipt of the documents entitled: (1) Preliminary Participation Agreement, (2) Contract for Development of Fuel Resources and Planning Electric Generation Facilities, (3) Contract for the Performance of Certain Duties, (4) Specification of the Manner in which Part of the Maintenance And Operating Expenses of the Corporation will be Paid by the Agency, (S) Articles of Incorporation of Texas Power Pool, Inc. (6) By-Laws of Texas Power Pool, Inc., (7) By-Laws of Texas Municipal Power Agency, and (8) Resolution by the Board of Directors of the Texas Municipal Power Agency, relating to the authorization and issuance of $10,625,000 "TEXAS MUNICIPAL POWER AGENCY REVENI~ BONDS, SERIES 1975". is hereby acknowledged and n~de a part hereof for all purposes. This resolution and such documents shall remain a part of the files of the city. SECTION 2: Nothing herein shall be construed as requiring the approval of this governing body of any document amendatory or supplemental to the instruments attached hereto unless the same is required by the "Contract for the Development of Fuel Resources, Planning Electric Generation Facilities and Performing Certain Duties", or unless the same is required by the documents attached hereto. ~ IDocuments filed in Packet #4750 in the City Secretary's File) October 7, 1975 Continued SECTION 3: This resolution shall be in force and effect from and after its adoption. PASSED AND APPROVED, this the 7th day of October, 1975. /si Mayor, City of Denton, Texas ATTEST: /s/ City Secretary, City of Denton, Texas Following a briefing by the City Manager and a report recommending approval by the Utilities Board, motion was made by King, seconded by Hughes that the Resolution be passed. On roll call vote Stephens voted "aye", Mitchell voted "aye", Hughes voted "aye", King voted "aye" and Jester voted "aye". Motion carried. (B) The following Ordin~an~was presented: ORDINAN.C. E NO. 75-34 .AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO A CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS, AND THE TEXAS MUNICIPAL POWER AGENCY; PRESCRIBING THE FORM OF CONTRACT AND AUTHORIZING THE EXEUCTION THEREOF FOR JJ~D ON BEHALF OF THE CITY OF DENTON; PROVIDING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll. call vote Mitchell voted "aye",_ Hu~hes_ voedt. "aye", Stephens voted "aye", King voted "aye" and Jester voted "'aye". Motl°n carried. 19. The Council considered applying for designation as a Bicentennial City. The Council was briefed by King Cole, Administrative Assistant, who pointed out requirements for designation as a Bicentennial City, adding that a Committee must be formed, a list of projects approved and an application submitted. Motion was made by Stephens, seconded by Hughes to proceed with efforts to obtain Bicentennial designation. Motion carried. 20. The Council considered approval of payment of Periodica'l Estimate No. 9 for construction of the Parallel Raw Water Line by Steed Construction Company. Following a briefing by the Director of Utilities, motion was made by King, seconded by Stephens to approve payment for Periodical Estimate No. 9 to Steed Construction Conppany in the amount of $140,014.41. Motion carried. 21. Motion was made by Stephens, seconded by Hughes that the following vouchers and purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS Brice Company P. O. #26868 $1,958.10 Chicago Pump FMC Corp. P. O. #26548 $2,781.33 General Electric Company P. O. #26980 $1,597.70 Chester Morris P. O. #26572 $1,132.47 VOUCHERS North Central Texas Regional Police Academy $1,500.00 U. S. Postmaster $2,000.00 Motion carried. Octeber 7, 1975 Continued 22. The Council adjourned into Executive Session at 10 p.m. 23. The Council reconvened into Public Session at 11:43 p.m. Motion was made by Mitchell, seconded by Hughes to recess the meeting until Thursday, noon, October 9~ 1975. Motion carried. 24. The Council reconvened into Executive Session at 12 noon on October 9, 1975. 25. The Council reconw~ned into Public Session at 1:40 p.m. Motion was made by Mitchell, seconded by Stephens that the Mayor be authorized to sign a contract with the Pearl Street Church of Christ for the purchase of property for right of way in accordance with the offer recom~ended by Attorney and authorized by t~le Council. Motion carried. The meeting adjourned at 1:415 p~m.--October 9, 1975 MAYOR Municipal Building October 16, 1975 Emergency Meeting of the City Com~cil, City of Denton, Texas, Thursday, October 16, 1975 at 12:45 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Mitchell and Stephens; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. An Executive Session was held relative to Right-of-Way acquisition and consultation with the City Attorney. 2. The Council adjourned into Public Session. 3. The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, A. D. 1975. RE S O LUT I ON WHEREAS, it is a public necessity to obtain certain properties for street improve- ments in the City of Denton; and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of Seventy Thousand One Hundred Ten and ~o/100(~70,110.00) Dollars costs of closing included; NOW, ~]4EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to U. S. Life & Title Company in the amount of Five Thousand Two Hundred Fifty and No/100 ($5,250.00) Dollars and the amount of Sixty-Four Thousand Eight Hundred Sixty and No/100 C$64,860.00) Dollars to Pearl Street Church of Christ as per the attached addendum affixed hereto. PASSED AND APPROVED this the 16th day of October, A. D. 1975. /s/ ATI'EST: TOM D. JESTER, JR., MAYOR /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY October 16, 1975 Continued ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS U. S. LIFE & TITLE COMPANY St. Andrew Presbyterian Churc~ McKinney Project (Southwest corner Pearl & 8' x 210' x 2' $5,250.00 Bolivar) 2. Pearl Street Church of Christ McKinney Project $64,860.00 TOTAL EXPENDITURES ....... $70,110.00 Motion was made by King, seconded byMitchell that the Resolution be passed. On roll call vote, Hughes voted "aye", Stephens voted "aye", Mitchell voted "aye", King voted "aye" and Jester voted "aye". Motion carried. 4. A Study Session was held relative to review of water rate study with Elvin Copeland of Freese and Nichols, consideration of improvement of Avenue A and W. Hickory, discussion of priorities of street and drainage improvements to be considered on the next bond sale on Sherman Drive, South Carroll and Avenue E and consideration of mass transit study. No official action was taken. Meeting adjourned at 6:30 p.m. Municipal Building October 21, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 21, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell and Hughes; City Manager, City Attorney and City Secretary. ABSF~F: Assistant City Manager. 1. Motion was made by King, seconded by Hughes that the minutes of the Regular Meeting of October 7, 1975 and the Emergency ~eting of October 16, 1975 be approved. Motion carried. 2. BIDS: (A) #8311 Clean and Paint Jail Motion was made by Stephens, seconded by Mitchell that the bid be awarded to the low bidder, H & B Painting and Contracting at a price of $1,353 and carpet cleaning to Sani~Steam, Inc. at a price of $37.00. Motion carried. (B) #8316 (P.O. #27152) Activated Carbon Motion was made by King, seconded by Hughes that the bid be awarded to Westvaco Chemical Division at a bid of $13,300, including freight, and that the purchase order be approved. Motion carried. 3. REFERRAL: Motion was made by King, seconded by Stephens that the following petition be referred to the Planning & Zoning Commission for its recommendation: (A) S-114, the petition of Mr. John Miller, requesting that he be granted a specific use permit to operate an institution of religious nature (Institute of Esoteric Enlightenment) at 305 Mounts Street. This property is located at the northwest corner of Gregg and Mounts Streets. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1259, the petition of Mr. K~n Ford, requesting that the zoning classification of a lot at 415 Jagoe Street be changed from the Multi Family ~F-1) to the Office (0) classification. This property is located near the southwest corner of Scripture and Jagoe. After hearing 1 proponent and 1 opponent, and a report from the Director of Co,~unity Development that the Planning and Zoning Commission recommended approval and a report that 31 notices were mailed to property owners, with 2 in favor and 12 in opposition, and a petition by 34 residents of the area who were opposed to the change, motion was made by Mitchell, seconded by King that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried unanimously. 5. The following Ordinance was presented: ORDINANCE NO. 75-35 AN ORDINANCE OF THE CITY OF DF~NTON, TEXAS CANVASSING ELECTION P~ETURNS OF AN ELECTION HELD ON THE 7TH DAY OF OCTOBER, A.D. 1975, AT THE CIVIC CENTER FOR PARK ~ND GENERAL OBLIGATION BONDS; AND D~CLARINGAN ~FFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll call vote, Hughes "aye", Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. October 21, 1975 Continued 6. The following Ordinance was presented: ORDINANCE NO. 75-36 AN ORDINANCEAMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING NEW SERVICE RA~ AND TAPPING CHARGE PROVISIONS FOR WATER AND SEWER SERVICE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARINGANEFFECTIV~DATE. Motion was made by Hughes, seconded by King that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 75-37 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHON~ SERVICE AND SERVICE CONNECTION CHARGES AND PROVIDING AN EFFECTIV~ DATE; PRESCRIBING 7%~ PROCEDURE AND CONTENTS FOR DETAILED ANNUAL REPORT AS TO SERVICE FURNISHED BY GENERAL TELEPHONE COMPANY OF THE SOUTHWEST; AND FIND~iNG AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO PUBLIC AS REQUIRF~ BYLAW. Following a briefing by the City Attorney recommending approval, motion was made by Mitchell, seconded by King that the Ordinance be passed. On roll call vote, Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 8. The following Ordinance was presented: ORDINANCE NO. 75-38 AN ORDINANCE FIXING AND DETERMINING TH~ GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO KESIDENTIALAND COM~RCIAL CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND PROVIDING FOR THE~qNNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED, AND DECLARING AN EFFECTIVE DATE. Following a briefing by the City Attorney, motion was made by Mitchell, seconded by King that the Ordinance be passed. On roll call vote, Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 9. Funeral Directors of Denton and some surrounding County towns were present. Buddy Stanley was spokesman for the group. He stated: That the ambulance situation had reached a crisis stage, and the funeral homes have said they would discontinue ambulance service on December 13, 1975. Recommended that the Denton Fire Department handle ambulance service. That the subscription type service by private companies would not go in Denton and Denton County. That Funeral Homes would sell their ambulances to the City at appraisal price. That Denton is the o~nly City in the area where funeral homes provide ambulance service. Mr. Stanley introduced Fire Chief Bradbury of Lewisville who recommended that the Denton Fire Department 'handle the ambulance service, adding that Lewisville's Fire Department was handling the matter very successfully. He offered his assistance to Denton in establishing such services in the Denton Fire Department. October 21, 1975 Continued 10. The following Ordinance was presented~ ORDINANCE NO. 75-39 ~N ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE V "SWIPING POOLS" OF CHAPTER 5 OF THE CODE OF ORDINANCES BY ADDING SECTIONS $-177 THROUGH 5-185 REGULATING THE OPBRATIONAND MAINTENANCE OF PUBLIC SWIFMING POOLS; PRESCRIBING STANDARDS AND REQUIREMENTS FOR THE OPERATION ANDMAINTENANCE OF PUBLIC SWIMMING POOLS AND SWIb~4ING POOL EQUIPMENT ANDAPPARATUS; PRESCRIBING DUTIESAND RESPONSIBILITIES OF THE HEALTH AUTHORITY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE. The City Attorney stated that the Attorney for the apartment owners was agreeable to the Ordinance and that the Director of Parks and Recreation of the City of Denton and the City-County Health Department were also agreeable. Motion was made by King, seconded by Mitchell that the Ordinance be denied. On roll call vote, Mitchell "aye", Stephens "nay", Hughes "nay", King "aye" and Jester "nay". The ~otion failed 3 to 2 . Motion was then made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "nay", Stephens "aye", Hughes "aye", King "nay" and Jester "aye". Motion carried 3 to 2. 11. The following Ordinance was presented: ORDINANCE NO. 75-40 (R. D. Welborn & J. L. Brown) AN ORDINANCE A~_~NDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~ WAS ADOPTED ASANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY O~)INANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT NOS. 3 AND 4, CITY BLOCK NO. 349, AS SHOWN THIS DATE~ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLy. DESCRIBED'THE~IN; AND DECLARING ANEFFECTIVE DATE. Motion was made by King, seconded by Hughes that the Ordinance be passed. On roll call vote, Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 12. The Council considered recommendations of the Airport Advisory Board regarding a contract between the City of Denton and Denton Flying Service, Inc. Following a briefing by the City Manager, motion was made by King, seconded by Mitchell that a contract with Denton Flying Service, Inc. be withdrawn and to instruct the City Attorney to notify Mr. Johnson of Denton Flying Service, Inc. Motion carried. 13. The Council considered the naming of the new street nowunder construct- ion which is generally referred to as Bell/Industrial/Blount/Dallas Drive extension. Following a briefing by the City Manager, motion was made by Mitchell, seconded by King to name the Bell/Industrial/Blount/Dallas Drive extension North Bell Avenue and South Bell Avenue. Motion carried. 14. The following Ordinance was presented: ORDINANCE NO. 75-41 AN ORDINANCE ESTABLISHING "NO PARKING" ZONES ON MCKINNEY STREET-PEARL STREET BETWEEN CARROLL BOULEVARD AND BELL AVENUE; AND BELL-INDUSTRIAL-BLOUNTANDDALLAS DRIVE BETWEEN MCKINNEY STREET ANDJOHNSON STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by King that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. October 21, 1975 Continued 15. The Council considered the recommendation of the Citizens Traffic Safety Support Commission that the parking meters be removed on Avenue B between Hickory and ~lberry Streets, and that the area be designated for two hour parking. Following a briefing by the Director of Community Development and a request for approval by an NTSU Student Government Representative, motion was made by King, seconded by Mitchell that the matter be tabled until further information is obtained. Motion carried. 16. Motion was made by King, seconded by Mitchell to accept the resignation of Leo Estrada from the Community Ethnic Relations Beard and to name Frank Davila as a replacement on this Board. Motion carried. 17. Motion was made by King, seconded by Mitchell that the following vouchers and purchase orders in excess of $1,000 be approved for payment: PURCHASE ORDERS Economy Pump Company (P. O. #26903) $1,031.73 Beatty ~ngineering Company (P. O. #26560) $1,299.58 VOUCHER U. S. Postmaster $2,000.00 Motion carried. Meeting adjourned at 9:25 p.m. Municipal Building November 3, 1975 Special Meeting of the City Council, City of Denton, Texas, Monday, November 3, 1975 at 7:00 p.m. in the Council Chambers of the Municipal Building. _ PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Stephens 1. The City Manager, the Director of Community Development and the City Attorney briefed the Council and the citizens present on the proposed Street Assessment Project #7. It was pointed out that the assessm6nt procedure was as follows: (A) Levy assessment upon completion of neighborhood paving project. (B) 30 day payment period before interest begins (C) Assessment added to t~x rolls 36 equal payments over a three year period at 8% interest The Staff proposal for assessments is as follows: (A) Make assessment for a three year period for all properties of 300' frontage or less. (B) Make assessment for a four year period for all properties of 301' to ~F0-0-~frontage (7 owners). (C) Make assessment for a five year period for all properties having moret-~n 401' of frontage (11 owners). 2. Mr. James A Hinsley, professional land appraiser, and Mr. Hugh Mixon, City of Denton Tax Assessor Collector, were introduced. They both stated that the increased value to the abutting properties in the assessment project will exceed the cost of the assessment to the property owners. Mr. Hinsley has over three years experience as a Professional Appraiser and Ileal Estate Broker, is a member of the American Society of Farm Managers and Rural Appraisers, the Texas Society of Farm and Ranch Managers, Associate member of Real Estate Appraisers, and was Field Appraiser for the Veteran's Land Board of Texas. He is a graduate of Texas Tech. He completed courses in Real Estate IA through the Institute of Real Estate Appraisal, attended seminars on shopping center appraisal, report writing on appraisals and condominium appraisal. Mr. Mixon has been the Tax Assessor Collector for the City of Denton for the past fifteen years. 3. The Mayor opened a public hearing on each street involved. (A) Davis Street - Between Crawford Street and Wood Street No one spoke. (B) Greenlee Street - Between Avenue A and Neff Street No one spoke. November 3, 1975 Continued (C) Greenlee Street - Between Avenue C and Knight Street Archie Roach--no Mrs. Donald Grahl and Mrs. Ronald Crabb--yes Letter from Nova B. Peers and Virginia Neal asking for 5 to 6 year pay out. (D) Oakwood Street - From Mercedes Street east to end of R.O.W. Floyd Hawkins was concerned with price but not against paving. (~) Ruddell Street - Between Mc~inney Street and Oak Street No one spoke. (F) Spring Valley Addition (All Streets in Addition) Bill Lynch-~yes and no James Storrie, Bill Travis, T. J. Fletcher and William Dean--yes (G) Sena Street - Between Malone Drive and Bradley Street Elinor Green and Leal Carter--yes (H) Peach Street - Between Bell Avenue and Fowler Street No one spoke (I) Gober Street - Between Scripture Street and Sena Street John H. Wells--yes Fain Street - Between Carroll Boulevard and Bolivar Street No one spoke ~K) Ross Street - Between Carroll Boulevard and Bolivar Street ~nnis T. Ford a~d Billie Peseca--yes Bertha Powell-~no because she was unable to pay (L) Hinkle Drive - Between Greenbrier Street and Sanger Road No one spoke ~M) Boyd Street - Between Wayne Street and Lattimore Street No one spoke (N) W. Prairie Street - Between Bonnie Brae and Avenue H Bob Hill--yes (O) Bernard Street ~ Between Rosela~n and Willowwood Jack Hammett, Seth Wilson, Murray Jenson, Lee Lambert and ~ue Ann Fagan--yes (P) Bernard Street - Between I.H. 35E (North Service Road) and Greenlee Street No one spoke (Q) Avenue D - Botween I.H. 35~ (South Service Road) and Underwood Street No one spoke November 3, 1975 Continued (R) Hettie Street - Between McKinney Street and Paisley Drive Royce Hilton for College View Baptist Church--yes Letter from Mae T. Green--unable to pay Letter from Edith Teague--unable to pay (S) Lindsey Street - Between I.H. 35E (North Service Road) and Fort Worth Drive Mrs. H. F. Hancock stated that she could pay for one assessment but could not pay for both. Charlene Hillman--yes (T)Rose Street - Between Paisley Street and Uland Street Uland Street - Between Frame Street and Rose Street Joe Hawley--yes Mrs. McGar--yes, but asked for new water line (U) Donna Street - From Hwy. 77 north to end of R.O.W. Dell Drive - Between Donna Street and Riney Road Riney Road - Between Hwy. 77 and Del Drive Sid Rogers, Joe Pelzel and Mrs. Willie Painter--yes Letter from Robert J. Klemmer and Jackson Concrete Co.--no 4. After all owners of property and others appeared before the Council, motion was made by Mitchell, seconded by King to direct the staff to prepare all necessary documents and ordinances for the Tuesday, November 4, 1975 Council Meeting and to include all streets in the assessment. Motion carried. Meeting adjourned at 9:10 p.m. MAYOR ~v~mic ipal Building November 4, 1975 Regular meeting of the City Cou~lcil, City of Denton, Texas, Tuesday, November 4, 1975 at ? p.m. in the Council Chambers of the Municipal Building. PRESF2~T: Mayor Jester, Mayor Pro Tern King, Council Members Hughes, Stephens and Mitchell; City Manager, Assistant City Manager, City Attorney and City Secretary. _ 1. Motion was made by King, seconded by Mitchell that the minutes of the regular meeting of October 21l, 1975 and the special meeting of November 3, 1975 be approved. Motion carried. 2. BIDS: (A) #8317 100 Horsepower Electric Motor Motion was made by Mitchell, seconded by Hughes that the bid be awarded to the low bidder, Southwest Electric, in the amount of $1,712 FOB Denton, with a 2 week delivery. Motion carried. (B) #8312 Hardware and Insulators for North Locust Interchmnge Motion was made by King, seconded by Mitchell that the bid be awarded to the low bidder, General Electric Supply, in the amount of $3,779.79 with a 30 day delivery schedule FOB Denton. Motion carried. (C) #8313 Fuel Solvent Motion was made by King, seconded by Hughes that the bid be awarded to Betz Laboratories at a bid of $1,067 plus $27.19 for freight, for a total of $1,094.19. Motion carried. 3. REFERRALS: Motion was made by Mitchell, seconded by King that the following petition be ref~%~ed to the Pla~ming and Zoning Conmission for its recommendations: '~t~__p_~ion ~ the Community Development Department, requesting t~t~ th~e~[h-i'n~ L~l-~ss~--T~Bn of the Denton Municipal Airport property be changed fr~xthe A'~icultural (A) to the Light Industry (LI) classification. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on S-Iii, the petition of Mr. Michael George, requesting that he be granted a specific use permit to operate a private club at 601 Fort Worth Drive. This property, comprising approximately one acre, is located on the east side of Fort Worth Drive. This is the former location of Jays Grill. After hearing 2 'proponents and 2 in opposition, and a report from the Director of Community Development that the Planning and Zoning Commission recommended approval, motion was made by Mitchell, seconded by King that the petition be approved with the following conditions: (1) That the permi, t b~ issued to ~illiam Hartley and be non-transferable. (2) That the private club shall require licensing and registration from the State Liquor Control Board. (3) That the required parking shall be based upon one space for every three seats in conformance with the site plan. (4) In accordance ~¢ith the Uniform Building Code, the maximum occupancy of th6~ e'lub shall be limited to 118 persons at any one time. Motion carried. November 4, 1975 Continued (B) A public hearing was held on S-113, the petition of First Assembly of God Church, requesting that they be granted a specific use permit to operate a day nursery at 2227 N. Carroll Boulevard. This property, comprising approximately 1.8 acres, is located on the west side of Carroll. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Stephens, seconded by Hughes that the petition be approved as recommended by the Planning and Zoning Commission with the following conditions: (1) That emergency evacuation plans be submitted to the Fire Chief for his approval and posted at a visual location on the premises. (2) That the permit be issued to First Assembly of God Church and be non-transferable. (3) That a State licenso be required for the operation of this nursery. (4) The parking shall conform to one paved space for every three (3) adult porsons to be normally accommodated in the establishment. That parking and driveway accesses be paved in accordance with City specification. (5) That the day nursery be limited to a maximum number of 30 children. (6) A sign no larger than 15 square feet may be permitted for outdoor advertisement. Motion carried. (C) A public hearing was held on S~112, the petition of Ms. Susan McGraw, requesting that she be granted a specific use permit to operate a day nursery at 806 Avenue D. This lot, comprising approximately .4 acres, is located on the west side of Avenue D. Rivendell Day Nursery is presently operating on this property. After hearing 1 proponent and nono in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Stephens, seconded by Mitchell that the petition be approved with the following conditions: (1) That a State license be required for the operation of this day nursery. (2) The permit shall apply only to Ms. Susan McGraw as the operator of the day nursery and shall not be considered as being transferable. (3) An emergency evacuation plan shall be required and approved by the Fire Marshall and posted in a visible location upon the premises. (4) The number cf, children for this day nursery shall be limited to a maximum number of 26. (5) The parking shall conform to one (1) paved space for every three (3) adult persons to be normally accommodated within the establishment. (Act. 15B-17) (6) A sign, no larger than ten (10) square feet, may be permitted for outdoor advertisement. Motion carried. November 4, 1975 Continued 5. Ron Siebler, Jim M~cY~us, Bob .Beare, Dr. William ~cCormick and Donnette Walker appeared before the Council to present Westgate Hospital's proposal for ambulance service for the City of Denton. Mr. Siebler presented Westgate's proposal for ambulance service (filed in packet #4752 in the official City Files) Mr. McManus asked 'that the Council not interfere in Westgate's proposed ambulance service, that he would assure responsibility for City and County services by December 13, with ambulances based at 3 locations. Mr. Beare stated that Westgate planned to operate an ambulance service one way or another, and asked that the Council not interfere. Dr. McCormick said that Westgate would operate a cardiac unit. He explained expertise and speed was necessary in cardiac cases. The Mayor advised 'that the Council would take the matter under cons ideration. 6. Jesse Coffey, in.behalf of the Denton County Health Planning Council, stated that the County and Cities establish an emergency medical service lodged in the Fire Department(s) as the operative base on or before December 13, 1975, cooperatively with the Lewisville Fire Department and the private sector where feasible and to utilize the cor~nunity's hospitals at the patient's personal request or on the basis of the patient's type or immediacy of care needed. That the County and concerned cities endorse and pursue the subscription proposal made by the Professional Ambulance Service of Dallas. Mr. Wallace Duvall, Flow Hospital Administrator, stated that he supports the Fire Department based services, and that the proposal by Westgate is not in the best interest of Flow Hospital nor the citizens or Denton County. Dr. J. H. Jones of the Denton County Medical Society agreed with the recommendation of the Health Planning Council. Howard Huntsman, Director of F~nergency Medical Services for the City of Dallas, offered his services to Denton. 7. Steven Fogg, North Texas Student, appeared relative to approving the removal of parking meters on Aw~nue B from ~ulberry to Hickory Street. Council Member Mitchell stated that he saw no need for removal of the meters. Following discussion, motion was made by Mitchell, seconded by King that the meters be removed and '~he area be designated as 1 hour parking. Motion carried 3 to 2. Council Member Stephens then offered an amendment to the motion to make the parking limit 1 1/2 hours. Motion was made by Stephens, seconded by Hughes that the amenc~nent to make 1 1/2 hour limit be approved. Motion f~iled 3 to 2. The original motion stands. 8. The following Ordinance was presented: ORDINANCE NO. 75-42 (K. L. Ford) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS NOS. 3 AND 4, CITY BLOCK NO. 4014, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by King that the Ordinance be passed. On roll call vote Step]hens "aye", Mitchell "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. November 4, 1975 Continued 9. The following Ordinance was presented: ORDINANCE NO. 757.43 AN ORDINANCE CHANGING THE NAME OF BELL-INDUSTRIAL-BLOUNT STREETS, PUBLIC STREETS, TO BELL AVENUE, AFTER FINDING THAT THE PUBLIC CONVENIENCE WOULD BE BEST SERVED BY HAVING A MAJOR THOROUGHFARE BEAR THE SAME NAME THROUGHOUT ITS FULL LENGTH; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by King that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 10. A proposed Ordinance to change the name of a portion of Bell Avenue was considered. Council Men~er Mitchell suggested that the street be named Harpool rather than Bell Place since the Harpool family through the years has contributed so much to the City, and the street would end at East McKinney at Harpool Seed, Inc ' Motion was made by Mitchell, seconded by Hughes that the proposed Ordinance be tabled in order to give time to contact property owners on Bell Avenue. Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 75-44 AN ORDINANCE ESTABLISHING "NO PARKING" ZONES ON BELL AVENUE BETWEEN MCKINNEY STREET AND EAGLE DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; ;~D DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by King that the Ordinance be passed. On roll call vote Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 12. The Council considered authorizing a Quit Claim Deed requested by Don Harrison, for a portion of a Utility easement in the Denton North Addition. Following a briefing by the Director of Community Development and a report of approval by the Planning & Zoning Commission, motion was made by King, seconded by Stephens that the Quit Claim Deed be approved and the Mayor be authorized to sign. Motion carried. 13. The following Ordinances were presented: (A) ORDINANCE NO. 75-45 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF DENTON, TEXAS KNOWN AS STREET PAVING ASSESSMENT PROJECT NO. 7; ORDERING TO BE PREPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS; DIRECTING THE GIVING OF NOTICE; DETERMINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF DENTON; PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF SUCH COST AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS; AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT; DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT; AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES. Motion was made by Fk~ghes, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. Noye~ber.. 4~. 19_75 Continued (B) ORDINANCE NO. 75~46 AN ORDINANCE CLOSING THE HEARINGS AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED IN STREET PAVING ASSESSMENT PROJECT NO. 7; FINDING AND DETEt~MINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WIT~.[N THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; PROVIlglNG FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COblPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR TIdE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. Motion was made by Mitchell, seconded by King that the Ordinance be passed. On roll call vote Stephens "aye", Hughes "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 14. The following Resolution was presented: AT A REGULAR MEETING OF THE CITF COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF NOVEMBER, A. D. 1975. RESOLUTION WHEREAS, the voters of the City of Denton authorized bonds for a street pavement assessment program; and WHEREAS, petitions have been received by the City of Denton for the paving of certain streets; and WHEREAS, the street paving assessment has been designated Street Paving Assessment Project No. 7; and WHEREAS, plans and specifications have been prepared and bids taken for the street improvements; and WHEREAS, Jagoe Public Compan? was the low bidder and the City Council desires to award the bid to Jagoe Public Company; NOW, THEREFORE, BE IT RESOLVED [BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the bid for Street Paving Assessment Project No. 7 be awarded to Jagoe Public Company and the Mayor be authorized to sign all necessary documents concerning the award of the bid. PASSED AND APPROVED this the 4t[h day of November, A. D. 1975. /s/ TOM D. JESTER, JR., .Mayor CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was nmde by King, seconded by Mitchell that the Resolution be passed. On roll call vote Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. November 4, 1975 Continued 15. Motion was made by Stephens, seconded by King that an Agreement with Jagoe Public Company of Denton to complete the drainage and paving improvements included as a part of the Paving Assessment Project #? be approved. Motion carried. 16. Motion was made by Mitchell, seconded by Stephens that the following vouchers and purchase orders in excess o£ $1,000 be approved for payment: North Central Texas Council of Governments $1,748.00 Yarway Company (P. O. #27193) $2,311.50 Bailey Meter Company (P. O. #27194) $1,560.00 Allis Chalmers Company (P. O. #27195) $2,980.00 Hi-WayMachinery Company (P. O. #26917) $1,009.22 Motion carried. 17. Motion wasmade by Mitchell, seconded by Hughes that final payment to close out the contract with Weaver Construction Company in the amount of $69,657.58 for dirt work at North Lakes be approved. Motion carried. 18. Motion was made by King, seconded by Stephens that the Tax Adjustment Report for October, 1975 in the amount of $1,795.82 be approved. Motion carried. 19. The Council adjourned into ~xecutive Session at 10:10 p.m. 20. The Council reconvened into Public Session at 12:05 a.m. to announce that no official action had been taken. Meeting adjourned at 12:10 a.m. Municipal Building November 18, 1975 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 18, 1975, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell and Hughes; City Manager, City Attorney and City Secretary. ABSENT: Assistant City Manager 1. Motion was made by King, seconded by Hughes that the minutes of the regular meeting of November 4, .1975 be approved. Motion carried. 2. BIDS: (A) #8314 Fire D~partment Supplies Motion was made by Hughes, seconded by King that the bid be awarded as follows, as recon~nended by ~he City Manager: Casco Industries, Inc.--Item S at $112.00 Fire Protection S~rvice Co.--Item 6 at $35.88 & Item 7 at $239.80 W. H. Lumpkin--Item 1 at $225.00, Item 4 at $25.00, Item 8 at $60.00, Item 10 at $183.60, Item 11 at $357.00, Item 12 at $915.60, Item 13 at $2,350.00 and Item 14 at $1,170.00. Motion carried. (B) #8318 Computer Forms Motion was made by King, seconded by Stephens that the bid be awarded as follows: Moore Business F~rms-~Items 1, 2, 3, 4 and 5 ~.~s ~- Item~'~~ ~-' (C) ~324 D~a-Fogger for Insecticide Motion was made by Stephens, seconded by Hughes that the bid be awarded to the low bidder meeting specifications, Puritan Chemical Company, at $1,345.00 FOB Houston, Texas. Motion carried. (D) #8325 Repair 12 Stage Boiler Feed Pump Motion was made by Mitchell, seconded by Stephens that the bid be awarded to the low bidder, Washington Iron Works of Sherman, Texas at $5,620. Motion carried. (E) #8322 High Pressure Polymar Hose Motion was made by Mitchell, seconded by Hughes that the bid be awarded to Arlington Equipment Company on a draw bid of $2.14 per foot in the total amount of $2,140. Motion carried. 3. REFERRAL: Motion was made by King, seconded by Hughes that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) S-liS, the petition of Mr. andY[rs. G. J. Beck, requesting that they be granted a specific use permit for the operation of a private club in the University Plaza Shopping Center at the southeast corner of Avenue C and Eagle Drive. The club is proposed for the site formerly occupied by the Mean Green Inn. Motion carried. November 18, 1975 Continued 4. PUBLIC H~ARINGS: (A) A public hearing was held on proposed amendments to the Denton Plumbing Code. Don Gill, local builder, stated that he appreciated the work of the Plumbing and Mechanical Code Board and that he concurred with the Board's recommendations. Bill Burley, President of Gay Roofing and Mechanical and V. P. of CBS Mechanical, suggested change in wording, stating that the proposed change 10 amending Table 10-3 and the proposed change 11 amending Table 10-4 would be more properly worded by using "number of fixture units" rather than "number of ~ixtures". Mr. Burley also stated that the new code permits plastic pipe in multiple housing and residential only and recommended that use of plastic pipe should be extended to some business buildings and that there was no need to pay premium prices for cast iron pipe. The Director of Community Development stated that there was no objection to using "number of fixture units". A letter was read from A. M. "Andy" Anderson, Master Plumber, agreeing that 7 members of the Board is good, but that the make up of the Board is wrong, reco~nending the following: 1 member from the City Plumbing Inspection Division 1 Master Plumber 1 Journeyman Plumber 1 Mechanical Contractor 1 Mechanical Engineer I Home Builder 1 Real Estate person (layman if you like) Motion was made by King, seconded by Hughes to approve amendments to the Denton Plumbing Code to use "number of fixture units" rather than "number of fixtures" as recommended, and that the Board be increased to 7 members now and to consider any other changes when appointments are made in June. Motion carried. 5. David Ross, Executive Vice President of the Chamber of Commerce, proposed "that the Council institute a 3% Motel Occupancy Tax through the passage of an Ordinance in conformance with State Law and to contract with the Chamber of Commerce to operate the program. The contractual agreement through a Convention/ Visitors Bureau would have the proper accounting and auditing requirements built in, in order that technically City Tax Funds would be spent properly and accounted for" The City Attorney was directed to look into Ordinances of like nature in other cities. 6. Charles Keener appeared before the Council concerning reducing speed limits on Sherman Drive. He read a letter from Mr. Joe Brooks, Principal of Ginnings Elementary School, who indicated his whole hearted approval of the reduction of speed limits on Sherman Drive. Motion was made by Mitchell, seconded by Stephens that the speed limits from Yorkshire to Stuart Road on Sherman Drive be lowered to 35mph as recommended by the Citizen's Traffic Safety Support Con~nission and to direct the City Attorney to prepare the appropriate ordinance. Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 75-47 AN ORDINANCE REMOVING PARKING METERS ON BOTH SIDES OF AVENUE B BETWEEN HICKORY AND MULBERRY STREETS AND ESTABLISHING ONE HOUR PARKING ON BOTH SIDES OF AVENUE B BETWEEN HICKORY AND MULBERRY STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE.' Motion was made by King, seconded by Hughes that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Hughes "aye", King "aye" ~nd Jester "aye". Motion carried. November 18, 1975 Continued 8. The following Resolution was presented: AT A P~GULAR MEETING OF TH~ CITY COUNCIL OF ~H~ CITY OF DENTON, TEXAS~ H~LD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 18TH DAY OF NOVEMBER, A.D. 1975. RESOLUTION WHEREAS, the Board of Equalization has met and completed its work in assessing the tax rolls and establishing -the values for the taxable property for the year 1975; and WHEREAS, those assessment rolls have been returned to the City Council, a copy of which is attached to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The assessment roll as submitted by the Board of Equalization for the City of Denton for t~e tax year 1975 is hereby approved and adopted. PASSED AND APPROVED this the 18th day of November, A.D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS A~TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 9. The following Resolution was presented: AT A REGULARMEETING OF TH~ CITY COUNCIL OF TH~ CITY OF DF~NTON, TEXAS, H~LD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 18TH DAY OF NOVEMBER, A.D. 1975. RESOLUTION WHEREAS, the City Council of the City of Denton has previously hired the firm of Pritchard and Abbott to appraise and evaluate the certain industrial and utility property owners within the city limits of the City of Denton, Texas, for the purposes of reevaluating their property for tax purposes; and WHEREAS, the City Council of the City of Denton intends to pursue a program of reevaluating and updating the values for tax purposes of other types of properties within the City of Denton, Texas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DF~NTON, TEXAS, THAT: The City Council intends to pursue and proceed with a plan for the reevaluation of all taxable property within the city limits of the City of Denton, Texas. November 18, 1975 Continued PASSED AND APPROVED this the 18th day of November, 1975. /s/ TOM D. JESTER, JR. MAYOR CITY OF DENTON, TEXAS A/TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DEMrON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY (F DENTON, TEXAS Motion was made by Mitchell, seconded by King that the Resolution be passed. On roll call vote Stephens"aye", Hughes "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 75-48 AN ORDINANCE CHANGING THE NAME OF A PORTION OF BELL AVENUE TO BELL PLACE; PROVIDING A SEFERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by King that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 11. The Council considered the adoption of a name for the major street being constructed over a portion of McKinney Street and Pearl Street as a part of the 1973 Bond Issue Improvement Plan. Following a discussion, motion was made by Stephens, seconded by Hughes that the Street be named Pearl Street west of Bolivar and McKinney Street east of Bolivar. Motion carried 3 to 2. 12. The Mayor read a Proclamation proclaiming the week of November 16-22 as Denton Key Club Week, and presented it to club representatives. 13. The Director of Comunity Development distributed copies of a Traffic Engineering Plan that is a part of a program sponsored by the Governor's Office of Traffic Safety. 14. r . ~... ~ . ~ ~ ..... :~ //qe C~uncll cqr~ldered~hange 1~ rates for water and sewer service to the town of .~~4~, ~~.~ ~~' Motions ma~v Stephens, seconded by Mitchell to direct the City Attorney to prepare a Minute Order notifying the town of Corinth of a change in water and sewer service rates. Motion carried. 15. The Council considered approval of participation in a Municipal Hlectric Job Safety and Training Program conducted by Texas A & M Engineering and Extension Service. Following a briefing by Jim Little, Electric Superintendent, motion was made by Stephens, seconded by Mitchell to approve participation in the prograph and approve payment for the fiscal year 1975-76 in the amount of $1,095 to Texas A & M University for the program. Motion carried. 16. The Council considered final payment to Brown and Blakney for construction of the 42" Water Transmission Line and close out contract. Motion was made by Hughes, seconded by Stephens to approve final payment to Brown and Blakney in the amount of $47,070.79. Motion carried. November 18, 1975 Continued 17. The Council considered approval of a change order to the J. C. Bertram Contract on McKinney Street as follows: an increase of $6,791 for an additional 300' of paving on Bolivar Street from Pearl Street to West Oak. Motion was made by Stephens, seconded by Hughes to approve the change order in the increased amount of $6,791 for an additional 300' of paving on Bolivar Street from Pearl Street to West Oak. Motion carried. 18. The Council considered approval of an Ordinance amending certain provisions of Chapter 25, Articile II--Electric Service. The City Manager stated that he wanted to bring the proposed Ordinance to the attention of the Council and stated that no action was needed at this meeting. 19. Motion was made by King, seconded by Stephens that the following vouchers and purchase orders in excess of $1,000 be approved for payment: VOUCHERS Freese and Nichols Consulting Engineers $5,000.00 U. S. Postmaster $2,000.00 PURCHASE ORDERS Gaylord Brothers, Inc. (P. O. #27308) $4,370.00 Westinghouse Supply Co. (P. O. #27295) $3,260.00 The American Companies (P. O. #27396) $2,819.51 Beatty Engineering (P. O. #27395) $1,200.00 Motion carried. 20. Motion was made by Stephens, seconded by Mitchell to direct the City Attorney to prepare a Resolution of appreciation from the Council, City Staff and City of Denton to Mr. Douglas Blackburn for a job well done as Director of Utilities since August 19, 1968. Motion carried. 21. The Council adjourned into Executive Session at 10:10 p.m. to discuss personnel and right-of-way. 22. The Council reconvened into Public Session at 11:40 p.m. to announce that no official action had been taken. Meeting adjourned at 11:45 p.m. MAYOR Municipal Building December 2, 1975 Rega~lar meeting of the City Council, City of Denton, Texas, Tuesday, December 2, 1975 at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Mitchell & Hughe~'City Manager, Assistant City Manager, City Attorney and City SecrStary. 1. Motion was made by Stephens, seconded by King that the minutes of the regular meeting of November 18, 1975 be approved. Motion carried. 2. Motion was made by Mitchell, seconded by King that the following 3 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1263, the petition of Mr. Clovis Morrisson, requesting that the zoning classification of three lots in the 1400 block of Eagle Drive be changed from the University (U) to the General Retail (GR) classification. The property in this request is located on the south side of Eagle Drive between Avenue B and Collier Street. (B) Z-1264, the petition of Mr. Joe Farina, requesting that the zoning classification of two lots on Londonderry Lane be changed from the Agricultural (A) to the Office (0) classification. This property, comprising approximately 1/3 acre, is located on the southwest corner of Londonderry and Teasley Lane. (C) S-116, the petition of the Veterans of Foreign Wars, requesting that they be granted a specific use permit to operate a licensed private club at 909 Sunset Street. This property is located on the south side of Sunset Street at the former location of the Flame Restaurant. Motion carried. 3. PUBLIC ~HEARINGS: (A) A public hearing was held on Z-1262, the petition of the Comunity Development Department, requesting that the zoning classification of the Denton Municipal Airport property be changed from the Agricultural (A) to the Light Industry (LI) classification. This is a 520 acre tract located on the west end of Airport Road. After hearing 3 residents of the airport area speaking relative to sewage problems in the area, but not indicating opposition to the zoning change, and a report from the Director of Community Development and the City Manager, motion was made by Kihg, seconded by Hughes that the petition be approved. Motion carried.~ (B~)- A public hearing was held on S-114, the petition of Mr.~John F. Miller, requesting that he be granted a specific use permit to operate an institute of religious nature (Institute of Esoteric Enlightenment) at 305 Mounts Street. This property, co~rprising approximately 1/3 acre, is located on the northwest corner of Gregg and Mounts. After hearing 2 proponents and 1 in opposition, a report from the Director of Community Development that land owners within 200' who had replied by mail were S in favor and 8 in opposition and a report of approval from the Planning and Zoning Commission, motion was made by King, seconded by Mitchell that the petition be denied. Motion carried. December 2, 1975 Continued 4. The following Ordinance was presented: ORDINANCE NO. 75-49 AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANGING AND ESTABLISHING TH~ MAXIMUM PRIMA FACIE SPEED LIMIT ON SHERMAN DRIVE FROM ITS INTERSECTION WITH STUART ROAD TO ITS INTERSECTION WITH YORKSHIRE DRIVE AND ESTABLISHING TWO ~CHOOL ZONES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Stephens that the Ordinance be passed. On roll call vote Hughes "aye", Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 5. The following Ordinan.ce was presented: ORDINANCE NO. 75- 50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE TRANSFER AND SALE OF CERTAIN PROPERTIES BELONGING TO THIS CITY TO THE TEXAS MUNICIPAL POWER AGENCY; DECLARING AN EMERGENCY; AND RESOLVING OTHER MATTERS IN CONNECTION THEKEWITH AND PROVIDING AN EFFECTIVE DATE. Motion was made by King, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 6. The following Resolution was presented: AT A REGULAR MEETING OF THE CI~f COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF DECF~MBER, A.D. 1975. RE S O L U T I ON ~4EREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established by the Federal Government; and WHEREAS, the City of Denton is fully eligible to receive assistance under this program; and WHEREAS, the City Council of the City of Denton is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this program; NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: SECTION I. That the City Council of the City of Denton hereby certifies that the City of Denton is eligible to receive assistance under Public Law 88-578; as augumented by Article 6081r, V.A.C.S. SECTION II. That the City Council hereby authorizes and directs its Mayor to represent and act for the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of this program. The Mayor is hereby officially designated as the City's representative in this regard. December 2, 1975 Continued SECTION III. The City Council hereby designated its Director of Finance as the~official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this program. SECTION IV. The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concern- ing the tracts of land to be known as Community Park Project including the following parks: NORTHLAKE PARK SOUTHRIDGE PARK DENIA PARK FRED MOORE PARK MACK PARK EVERS PARK in the City of Denton for use as park sites. That all the parks in the Conmunity Park Project are dedicated for public outdoor recreation purposes. PASSED AND APPROVED this the 2nd day of December, A. D. 1975. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, ~TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2ND DAY OF DECEMBER, A.D. 1975. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Cou~ncil desire~o, publicly express their sincere gratitude to Mr. Douglas F. Blackburn for his valuable public_service as Director of Utilities for the City of~!~f~~. , ~,~ ~_,~ ~ll~_~~"~-'~ WHEREAS, '~ 31~F~~knowledge with grateful appreciation the many hour '_ ? vi_c d time given towards the City, and wish to thank Mr. Blackburn for~. devo~!~ he has given to his po,sition during the seven years that he served as the Director of that Department~ December 2, 1975 Continued NOW, THEREFORE, on behalf of the people who have been and who will be, benefited by his service, the City Council and Mayor direct and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, that a copy of this Resolution be forwarded to him, the said Douglas F. Blackburn, as a token of our appreciation. P~SED AND APPROVED this the 2nd day of December, A.D. 1975. /s/ TOM D. JESTER, JR., MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Mitchell that the Resolution be passed. On roll call vo~ze ~ghes "aye", Stephens "aye", Mitchell "aye", King "aye" and Jester "aye".. Motion carried. 8. The Council considered the request of Robert Pierce for a Quit Claim Deed on Lot lC, Block 1 of Southridge Center. Motion was made by King, seconded by Mitchell that the request for a Quit Claim Deed be granted and the Mayor be authorized to sign. Motion carried. 9. The Council considered approval of a revised agreement for maintenance and operation of safety lighting systems with the State Highway Department. Motion was n~de by Stephens, seconded by Mitchell that the agreement be approved. Motion carried. 10. Motion was made by King, seconded by Hughes that the following Purchase Orders in excess of $1,000 be approved for payment: Air Hydraulics (P~. O. #27109) $1,300.00 American LaFrance (P. O. #27497) $1,500.00 (estimate) Keuffel & Esser (P. O. #27535) $2,457.60 General Electric Co. (P. O. #27534) $2,528.00 Motion carried. 11. Motion was made by Stephens, seconded by Mitchell that the Tax Adjustment Report for the month of November, 1975 in the amount of $1,268.04 be approved. Motion carried. 12. The Council adjourned into Executive Session at 9:25 p.m. 13. The Council reconvened into Public Session at 10:30 p.m. to announce that no official action was taken. Meeting adjourned at 10:32 p.m. ~~ MAYOR Municipal Building December 5, 1975 Emergency, Joint Meeting of the City Council and County Commissioners, Friday, December 5, 1975 at 1 p.m. in the Council Chambers of the Municipal Building. PRESENT: CITY COUNCIL Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Mitchell ,.~_ and Stephens, City Manager, City Attorney and City Secretary. COUNTY C~MMISSION Judge Tran~nell, ~ommissioners Switzer, Sparks, Elbert and Salmon. 1. The meeting was called relative to the problems of providing ambulance service for the City and County. 2. Bob Beare, Westgate Administrator, stated that the Board of Directors of Westgate Hospital had expressed hope that a Cooperative Hospital-based Ambulance Service could be established for a cooperative program involving the City, County, Flow Hospital and Westgate Hospital, and that Westgate has stated its intent to participate in a county-wide ambulance service by a December 13 deadline on a share and participate basis or on its own. ~I~ 3. A discussion period followed. Appearing before the Council were Wallace ~ Duvall, Flow Administrator, Dr. Charles Saunders, Chairman of Flow Hospital Board, ~%~ Dr. Bill McCormick of Westgate Hospital and Mrs. Sally Simpson, Flow Board Member. The merits and demerits of a Fire Department based or operated service were discussed. The County indicated that it could not expend money in competition with private enterprise and that it has no control over the Fire Department, that it had no money budgeted for this purpose. Council Member Hughes stated that no compromise between the two hospitals had been made and that the Denton City Council did not wish to take any action that would hurt either hospital. The City Manager on request presented again a plan of operation for ambulance service. In the discussion that followed, iS was pointed out time and again that a cooperative agreement must be resolved and that an Advisory Board would be advantageous. City Attorney, Paul Isham, stated that: (A) Westgate could not be told to do anything. (B) The City of Denton could have an exclusive franchisee. (C) There could be a joint service if Flow Hospital and Westgate could agree. (D) The two hospitals must come to an agreement. 4. Motion was made by King, seconded by Jester that the meeting adjourn until concerned parties return with a concrete agreement proposal of their own to work out the problems involved, and if they cannot agree they are on their own. Motion carried 3 to 2. Meeting adjDurned at 3:20 p.m. _MAYOR !56 Municipal Building December 16, 1975 Regular meeting of the City Co~cil, City of Denton, Texas, Tuesday, December 16, 1975, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Stephens and Mitchell; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Hughes that the minutes of the regular meeting of December 2, 1975 and the joint meeting between the Council and County Con~nissioners on December 5, 1975 be approved. Motion carried. 2. BIDS: (A) #8310 Supervisory and Data Control Equipment for Electric System Following a briefing by Ernie Tullos, Electrical Engineer, and a statement by the City Manager that this purchase was a bond fund expenditure, and his report that Black & Veatch Consulting Engineers had evaluated the bid~, motion was made by Mitchell, seconded by Stephens that the matter be tabled for further study. Motion carried. (B) #8329 Electric Metering Equipment Motion was made by Hughes, seconded by King that the bid be awarded as follows as recommended by t~e Staff: Items 1-15 (Electric Meters) to Texas Meter and Device, Waco, Texas Items 16-25 (Current Transformers) to Cummins Supply of Fort Worth Items 26-29 (Meter Sockets) and Items 33-34c to Priester Supply Items 30-32 (Meter Sockets) to Temple, Inc. Ail items are quoted FOB Denton. Motion carried. (C) #8327 Transformer Repair Motion was n~de by Stephens, seconded by King that the bid be awarded to the best and lowest evaluated bidder, San Angelo Transformer Company at an estimated price of $11,688. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held concerning petitions for addition to residential street improvement program #7 f~r the following streets: Gober Street between Sena Street and Crow Street; Crow StYeet between Malone Street and Aileen Street; Aileen Street between Panhandle Street and Crow Street. Speaking against p~ing of Crow Street west of Gob~r Street were 3 residents whose back yards abut Crow Street. Speaking for approval of paving Gober Street were 3 land owners on Gober Street. Rick Svehla, Assistant City Engineer, briefed the Council, pointing out the expense of drainage in the Gober Street area. Motion was made by Mitchell, seconded by King to approve the petitions to pave Gober Street but to table the Crow Street petitions. Motion carried. December 16, 1975 Continued 4. Jack Gray and John Sullivan, local Attorneys, volunteered their services to the City to aid the City Attorney in the City's suit with North Texas State University, without any cost to the City. Mr. Gray made the offer to the Council. Council member Hughes questioned if representing the City and others would cause a future conflict between their paying clients and the City. T~e City Attorney stated that all parties close to this suit realized that the case probably would end up in a higher court appeal which could result in a State Law. He stated that Gray's request was unusual and that he did not feel that h~, as City Attorney, should make a recommendation, adding that he had no conflict at all with Mr. Gray or Mr. Sullivan but felt that this should be a Council decision. Motion was made by King, seconded by Mitchell that Attorneys Jack Gray and John Sullivan be appointed as Assistant City Attorneys to assist the City Attorney on the Avenue D and Prairie Street condemnation suits and that Mr. Gray and ~. Sullivan will not be paid any legal fees for representing the City in this matter. Motion carried. 5. Motion was made by King, seconded by Mitchell that Edward J. Coomes, Jr. be appointed alternate member of the Board of Adjustment and that Bill Burley and Peter Work be appointed to the Plumbing and Mechanical Code Board. Motion carried. 6. The City Manager recommended that Ernie Tullos be appointed to fill the place of Douglas Blackburn as a representative of the City of Denton to the Texas Municipal Power Agency and the TPPI. Motion was made by King, seconded by Hughes to accept the recommendation o£ the City Manager. Motion carried. 7. Motion was made by Hughes, seconded by Stephens to approve changing Christmas Holidays for this year only to Christmas Day and the Friday following. Motion carried. 8. The City Manager discussed expansion of boundaries for future Municipal utility services. He stated that the Utilities Board had recommended that the City file the proposed boundaries which would follow as near as possible the extraterritorial jurisdiction lines. He added that the City did not have guide- lines which might be required by the State Utility Commission. Motion was made by Hughes, seconded by Stephens that the Staff follow the recommendation of the Utilities Board to file to expand boundaries for future u~ility services. Motion carried. 9. The following Resolution was presented: AT A REGULAR~4EETING OF THE CITY COUNCIL OF THE CITY OF D~NTON, TF~XAS, HELD IN THE MUNICIPA~ BUILDING OF SAID CITY ON THE 16THDAY OF DEC,FIBER, A.D. 1975. RESOLUTION W~RF~S, the Funeral Homes in De~ton County have furnished ambulance service to the citizens of the City of Denton and County of Denton and have stated that such service will be discontinued on the 13th day of December, 1975; and W~RfS~S, Westgate Hospital has stated that they intend to operate an ambulance service and would be willing to operate the same jointly with Flow Hospital or any other entity; and ~RF~kS, Westgate Hospital and Flow Hospital have had numerous meetings to discuss and negotiate ambulance service for the citizens of the City and County of Denton; and WHERF~S, the City Council of the City of Denton feel and are of the opinion that the citizens and taxpayers of the City and County would be best served by a jointly operated ambulance service; and that a joint contract appears feasible and proper; and December 16, 1975 Continued WHEREAS, the City Council would like to see Westgate Hospital and Flow Hospital reconcile their differences and enter into an agreement that would provide a jointly operated ambulance serwice; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Board of Directors of Flow Hospital and the Board of Directors of Westgate Hospital be urged and encouraged to negotiate a jointly operated ambulance service contract so that the ci'tizens will be provided with a proper service that has the backing of the entire medical conmunity. PASSED AND APPROVED THIS THE 16th day of December, A. D. 1975. TOM ~.JESTE~,~-JR[, MAYO~ CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT,-EITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHA~, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Hughes that the Resolution be passed. On roll call vote Stephens "aye", Hughes "aye", Mitchell "aye", King 'bay," and Jester abstained.' Motion carried 3 to 2. 10. The Council considered an Ordinance regulating ambulance service. Motion was made by King, seconded by Stephens that the Ordinance be tabled for further study. Motion carried. 11. The following Ordinan£e was presented: ORDINANCE NO. 75-51 AN ORDINANCE AMENDING CHAPTI~ 17 "DENTON PLUMBING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING CERTAIN SECTIONS OF THE CODE; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDI~; AN EFFECTIVE DATE. Motion was made by King, seconded byMitchell that the Ordinance be passed. On roll call vote ~Mghes "aye", Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 75-52 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ;VAS ADOPTED AS AN APPENDIX TO T~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 521 ACRES OF LAND LOCATED ON THE WEST END OF THE DENTON MUNICIPAL AIRPORT PROPERTY AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Hughes that the Ordinance be passed. On roll call vote 'Stephens "aye", Mitchell "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. December 16, 1975 Continued 13. The following Ordinance was presented: ORDINANCE NO. 75-53 ~uW ORDINANCE OF THE CITer OF D~ENTON, PROVIDING THAT CHAPTER 23 OF THE CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE I ENTITLED "HOTEL OCCUPANCY TAX"; PROVIDING FOR THE LEVY AND COLLECTION OF A HOTEL OCCUPANCY TAX; PROVIDING FOR EXEMPTION, PROVIDING FOR REPORTS PROVIDING FOR RULES AND REGULATIONS BY THE TAX COLLECTOR; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by H~ghes that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "axe". Motion carried. 14. The Comncil considered a proposal of Fischer & Porter Co. to repair and maintain instrumentation at the Waste Water Treatment Plant. After a briefing by the Assistant City Manager, stating that the proposal had been approved by the Utilities Board, motion was made by King, seconded by Hughes that the proposal of Fischer & Porter Co. to repair and maintain instrumentation at the Waste Water Treatment Plant be accepted. Motion carr~ied. (Proposal filed in packet #4755 of official files). 15. Dick Huck, Director of Parks and Recreation, briefed the Council on a proposal to purchase land located on Mockingbird Lane to be used for a childrens playground for the area, stating that the land belonged to Jerry Simmons who had priced the property at $5,200. Motion was ma~o.,~by Hughes, s~-~t~ded by Stephens to table the matter for additional information~ "M~ion c~i~ '~ 16. The C~ .t~Bcil considered rules and regulations for the Community Building and an alcoholic 6~eyerage '~icy. Dick Huck, Director of Parks and Recreation, stated that the Parks Board recommended adoption of the rules and regulations and the alcoholic beverage policy. The Council was also briefed by Paul Isham as to its legal aspects. Motion was made by King, seconded by Hughes that the policies presented be approved. Motion carried 4 to 1. (Policies are filed in packet #4755 in the official files. ) 17. Motion was made by King. seconded by Hughes that the following vouchers and purchase orders in excess of {1,000 be approved: VOUCHERS: Texas Municipal League $1,025.00 Brazos Electric Power Coop. $S,172.21 Coleman, Philips & White $4,380.00 Retired Senior Volunteer Program $2,000.00 U. S. Post Office-Postmaster $2,000.00 PURCHASE ORDERS: Davis Truck Service (p. O. #27S36) $2,716.61 Bailey Meter Company (P. O. #2764S) $2,237.S0 Beatty Engineering Co. (P. O. #27646) $1,S27.14 F~C Corporation, Environmental Equipment Division (P. O. #2?642) $3,842.?8 Jeffery Mfg. Co. (P. O. #27641) $4,486.00 Highway Machinery Co. (P. O. #2?406) $1,143.42 Motion carried. December 16, 1975 Continued 18. The Director of Personnel presented a pay plan for the City of Denton employees. Motion was made by Stephens, seconded by Mitchell that the plan be approved and to authorize the City Manager to shift necessary funds in the contingency fund where necessary, to implement the pay plan and adjust pay of those not under plan. Motion carried. 19. The Council considered up-dating service credits to present City employees, and options to increase benefits to retired employees under the new available program of Texas Municipal Retirement System. The Director of Personnel recommended that the City wait until the next budget year to adopt the plan because if one of the lesser plans were adopted now it would be 4 years before a change could be made. Motion was made by King, seconded by Stephens that the City remain under the present plan and to consider other available plans next year. Motion carried. 20. The Council adjourned into Executive Session at 11:25 p.m. 21. The Council reconvened into Public Session at 12:20 p.m. to announce that no official action had been taken. Meeting adjourned at 12:25 p.m. MAYOR CITY SECRETARY Municipal Building December 18, 1975 Emergency Meeting of the City Council, City of Denton, Texas, Thursday, December 18, 1975 at 12 noon in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Stephens and Mitchell; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. The Council held an Executive Session relative to employee evaluation. The Executive Session adjourned at 2:50 p.m. 2. The Council convened into public session at 3 p.m. (NOTE: Mayor Jester and Council Member Hughes attended the Executive Session only.) (A) The Council considered an emergency purchase of a fire vehicle to replace the one damaged in an accident. Fire Chief Gentry advised that the American LaFrance Company could repair the damaged fire vehicle for half the cost of purchasing a new one and that the City could borrow a truck from Lewisville for backup purposes for a period of 4 months. (B) Dean Mayhew, representative of the American LaFrance Company, stated that American LaFrance could put the fire truck in service at a cost of $35,000, and if engine or other internal problems were found the cos~t would not exceed $40,000. (G) Chief Gentry stated that the purchase price would be in the neighborhood of $71,000 for a new fire truck. White asked if. the maximum price of $40,000 was a guaranteed price. Mayhew--"Yes sir, $40,000 would be the maximum." Motion was made by Stephens, seconded by Mitchell to accept the proposal by the representative of the American LaFrance Company to repair the damaged fire vehicle at an estimated cost of $35,000, but with a guaranteed maximum cost of $40,000. Motion carried. 3. The Council considered purchasing a parks site in the Singing Oaks addition. James A. Hinsley, land appraiser, advised in writing that the market value of the property involved, a 1.02 acre tract of land in the M. Yoachum Survey, Abstract 1442; located on the east side of Mockingbird Lane, was in his opinion within the range of $8,000 to $10,000 ~alue. Motion was made by Mitchell, seconded by Stephens to authorize the staff to purchase the property of Jerry Simmons on the east side of Mockingbird Lane at a maximum price of $5,200. Motion carried. Meeting adjourned at 3:3S p.m. ~~ MAYOR 462