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Minute Bk. 20 1/1976 - 7/1978 Municipal Building January 6, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 6, 1976, at ?:00 p.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 City Manager, City Attorney and City Secretary. 1. Motion was made by King, seconded by Hughes that the minutes of the regular meeting of December 16, 1975 and the special meeting of December 18 1975 be approved. Motion carried. ' 2. BIDS: (A) #8310 Supervisory Control and Data Acquisition System The City Manager briefed the Council, stating that approval of the bid was recommended by the Staff and the Utilities Board. Motion was made by Hughes, seconded by King that the bid be awarded to Baker Automation System at a price of $265,220.00 Motion carried. (B) #8528 Automatic Throwover Equipment Motion was made by King, seconded by Mitchell that the bid be awarded to the low bidder meeting specifications, Temple, Inc. for items 1 and 2--item 1-$10,320 and item 2-$10,590 for a total of $20,910. Motion carried. 3. REFERRALS: Motion was made by Hughes, seconded by S~ephens that the following 3 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-114, the petition of Mr. John F. Miller, requesting that he be granted a specific use permit for an institute of religious nature (Institute of Esoteric Enlightenment) at 305 Mounts Street. (B) S-120, the petition of Mr. Clovis Morrisson, requesting that he be granted a specific use permit to operate a r~staurant on three lots in the 1400 block of Eagle Drive. This property is located on the south side of Eagle Drive between Avenue B and Collier Street. (C) S-121, the petition of Mr. T. L. Franco, requesting that he be granted a specific use permit for a private club at 827 Eagle Drive. This is the Tio Pepe Restaurant located on the southeast corner of Eagle Drive and Bernard Street. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on 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 Drive. This property is located on the south side of Sunset Drive at the former location of the Flame Restaurant. After hearing 4 proponents and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Mitchell, seconded by King that the petition be approved with the following conditions: (1) This permit constitutes approval of the Veterans of Foreign Wars to operate as a private organization at the location of 909 Sunset Street. (2) The selling and serving of alcoholic beverages by the Organization shall require registration and license approval by the Texas Liquor Control Board. January 6, 1976 Continued (3) ~e permit shall cease whenever the Organization, the Veterans of Foreign Wars, is no longer the operator of the private club. (4) A site plan shall be required to show the building layout, parking and seating for the operation of the private club. (5) The required parking of one space per three seats shall be applicable to the club in accordance with Article 15 (B-18) of the Zoning Ordinance. (6)Occupancy of the club at any one time shall be restricted in accordance with the Uniform Building Code. (7) Usage of the pool will be terminated each evening at 10 o'clock p.m. and the pool area will be closed at that hour. Motion carried 4 to 1. (B) A public hearing was held on Z-1133~ the petition of Ms. Pauline Arrington, requesting the abandonment of a planned development class (PD-10) which proposes, by general plan, a shopping mall on the north side of Londonderry Lane. This property, comprising approximately 28 acres, is located between Teasley Lane on the east and the Salem Ridge Apartments on the west. 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 Mitchell that the petition be approved. Motion carried. (C) A public hearing was held on 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 is located on the southwest corner of Londonderry and Teasley Lane. After hearing 1 proponent and none in opposition and a report of approval from the Planning and Zoning Commission, motion was made by Mitchell, seconded by Stephens that the petition be approved. Motion carried. (D) A public hearing was held on S-117, the petition of the Kappa Alpha Order Fraternity, requesting that they be granted a specific use permit to operate a fraternity at 2527 Louise Street. This property is located on the south side of Louise Street between Bonnie Brae and Avenue H. After hearing 2 proponents and 2 in opposition and a report of approval from the Planning and Zoning Commission, motion was made by Hughes, seconded by Stephens to table for further study. Motion carried 4 to 1. (E) A public hearing was held on S-118, the petition of Mr. Francis Self, requesting that he be grsnted a specific use permit to operate a retail plant nursery located in the 1500 block of 1-35E. This property, comprising approximately 6 acres, is located on the northeast corner of 1-35E and old Highway 77. 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 King that the petition be approved with the following conditions: (1) A site plan shall be required illustrating property area, location of faciiity or facilities, location of proposed and existing utility services, signs and driveways. (2) This pe~nit applies only to Mr. Francis B. Self so long as he or his family is the owner and/or operator of the green- house for retail sales and services. (3) Parking shall be in accordance with Article 15 (B-18) of the City Zoning Ordinance which requires one space for every three persons 'to be normally accommodated within the establishment. Motion carried. January 6, 1976 Continued (F) A public hearing was held on S-119, the petition of the Texas McDonald's System, requesting that they be granted a specific use permit to operate a restaurant with drive-in service at 1700 1-35E. This is the present location of McDonald's at the southwest corner of 1-35E and Kendolph Street. After hearing 1 proponent and none 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 approved with the following conditions: (1) This permit allows for drive-in service at 1700 Interstate Highway 35 so long as Texas McDonald's System continues to operate at this location (Note: The Community Development Department recommends condition (1), be carried by business type in accordance to location as McDonald's Restaurant at 1700 Interstate Highway 35.) (2) A site plan approved by City Council shall be required for the operation of the drive-in service. Motion carried. 5. A1 McNatt, representing the Denton Chamber of Commerce, presented a junk car removal program of the Chamber~with the cooperation of the City of Denton, stating that the Chamber needed help from the City to locate abandonded cars and for the City Attorney to notify junk car owners of the requirements under existing City Ordinances. Motion was made by Stephens, seconded by Mitchell to approve the program and to direct the City Attorney to draw up the appropriate legal documents.. Motion carried. 6. The Council considered an agreement with the. Chamber.'o~f Cp~erce-on Hotel-Motel occupancy tax. Motion was made by King, seconded by Stephens to approve the request of the Chamber of Commerce and to approve the agr~eement and authorize the Mayor to sig~ same. Motion carried. 7. Denton McDonald. appeared before the City Council requesting an amend- ment to the contract between Hauptmann, Schoell & Madson, Inc. and the City of Denton for work done on the VASI-II System at the Denton Municipal Airport. After hearing the requests by Mr. McDonald for the Engineering firm and statements by the Staff that the terms of the contract should be followed, motion was made by King, seconded by Mitchell that the request be denied as recommended by the Airport Advisory Board because of a report based on invalid reasons for the overrun. Motion carried. 8. The following Ordinance was presented: ORDINANCE NO. 76-1 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF A PORTION OF GOBER STREET FROM CROW TO SENA IN THE CITY OF DENTON, TEXAS; ORDERING TO BE P]~EPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS; DIRECTING TH~ 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 Stephens, 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. January 6, 1976 Continued 9. The following Ordinance was presented: OPd)INANCE NO. 76- 2 AN ORDINANCE CLOSING TH~ HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING /]~ STREETS SPECIFIED IN STREET PAVING ASSESSMENT ON GOBER STREET FROM CROW TO SENA; EINDING AND DF~TERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND EN]{~oNCED 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; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 10. The Assistant to the City Manager reported on the action of the Public Housing Authority and Section 8 grant funds, adding that it appeared that the housing grant will come into fruition soon and that the program will be aimed toward the elderly in the conm~unity. He announced that the Housing Authority had selected Jim Carter, a doctoral candidate at NTSU, to administer the program. He added that the budget called for the program to begin February 1, 1976. Mayor Pro Tem King stated that he was most interested in the indigent elderly. No official action was taken. 11. The Council discussed opening bids on a 55,000 gallon Fuel Oil Storage Tank. The City Manager stated that on November 4, 197S the Utilities Board decided to advertise for bids on this tank, adding that the tank is needed to assure adgquate fuel oil for the Power Plant during periods of gas curtailment, adding that bids would be opened January 8, 1976, tabulated, then presented to the Utilities Board and the City Council for consideration. No official action was taken. 12. The Council considered changing hours of operation at the Sanitary Landfill. Jack Owen, Assistant City Manager briefed the Council, stating that $4,015.96 would be saved annually by closing the Landfill on Sundays, and that most cities in the area had Sunday closings. Motion was made by Steplhens, seconded by King to approve closing the Sanitary Landfill on Sundays. Motion carried. 13. Motion was made by King, seconded by Mitchell that the following purchase orders in excess of $1,000 be approved for payment: Bill Utter Ford, Inc. (P. O. #27695) $1,160.99 Darr Equipment Co. (P. O. #27278) $1,91S.42 Signal Engineering Co. (P. O. #26410) $1,940.24 Motion carried. January 6, 1976 Continued 14. Motion was made by Hughes, seconded by Stephens that the Tax Adjustment Report for December, 1975 be approved in the amount of $671.12. Motion carried. 15. The Council adjourned into Executive Session at 9 p.m. 16. ~e Council reconvened into Public Session at 10:05 p.m. to a~mounce that no official action was taken. Meeting adjourned at 10:10 p.m. MAYOR Municipal Building January 20, 1976 Regular meeting of the City Co~mcil, City of Denton, Texas, Tuesday, January 20, 1976, 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, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Mitchell that the minutes of the regular meeting of January 6, 1976 be approved. Motion carried. 2. BIDS: ~ .(~) #83~7 Video Equipment ~Mo~w~.~n~d~by K~ ~e~onded by Mitchell that the bid be awarded to the low b~d~r, ,virago Systems, Inc. of Dallas, at a bid of $2,189.20 (Equipment purchased from~f~unds of ~a State Grant). 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-122, the petition of Mr. Leonard D. Miller, requesting a specific use permit to operate a licensed private club in the 1600 Block of Eagle Drive at the University Plaza Shopping Center. The location is more particularly described as being the north side of the Milano's Restaurant in the shopping center. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on S-115, the petition of Mr. and Mrs. Beck, requesting that they 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 Shopping Center. The location is more particularly described as being the present location of the Mean Green Inn in the shopping center. After hearing 1 proponent and none in opposition and a report of a memo from the Planning and Zoning Commission advising that a legal problem existed, motion was made by King, seconded by Mitchell that the petition be approved with an exception that when S-122 is approved that S-115 be voided 90 days after such approval, and during 90 day period owner must meet 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 whenever Mr. and Mrs. Beck are no longer the owners and operators of the private club. (3)In accordance to the Uniform Building Code the occupancy of the club slhall be limited to 131 persons at any one time. (4) The required parking shall be based upon one space for every three seats in conformance with the site plan. Motion carried 4 to 1. 5. Mary Gearing of the North Texas Social Work Club appeared before the Council regarding permission 'to paint numbers on curbs of city streets at a price of $2.00 each. Motion was made by Hughes, seconded by Stephens to approve the request. Motion carried. January 20, 1976 Continued 6. The Council considered S~117 (a request that had been tabled on January 6, 1976.) The petition of Kappa Alpha Order Fraternity requesting that they be granted a specific use permit to operate a fraternity at 2527 Louise Street. The property is located on the south side of Louise Street between Bonnie Brae and Avenue H. Motion was made by King, seconded by Hughes that the request be granted with the following conditions: (A) The issuance of this permit is restricted and limited to the operation of the Kappa Alpha Order Fraternity. City Tax records designate the property as City Block No. 3029, Lot Nos. 4 and 5. (B) If property is not occupied within 2 years, this permit shall be automatically revoked. (C) Parking shall be required as one space for every three seats in the assembly area and two ~spaces for each occupied room minus the number of occupants living in the house from the total n~nber occupying the assembly area. Motion carried. -- 7. The City Attorney gave a summary of the Aubrey Reservoir hearing before the Texas Water Rights Commission, advising that Denton had asked the Texas Water Rights Commission to do the following: (A) Find a yield of 81.4 MGD (B) Divide that yield between Dallas and Denton at 74%-26%. ~_ (C) To permit each party to overdraft up to extent of their diversion rights and provided they had back-up water supply to extent of ! overdrafting. (D) To provide an operational agreement on the two reservoirs including overdrafting provisions. That permits would not be issued until the Texas Water Rights Commission had approved operational agreement and overdrafting on both Lewisville and Aubrey. (E) That permits would not be issued until signed contracts with the Corps had been submitted to Texas Water Rights Commission. (F) l~hat if Dallas did not wish to participate on these terms, that Texas Water Rights Commission ask the Texas Water Develop- ment Board to take over the 74% share of Dallas. No official action was taken. 8. The Council received a report from the Citizens Traffic Safety Support Commission regarding the installation of flashing signals within school zones at the following locations: (A) Sherman Drive and Kings Row (B) Sherman Drive and Windsor Drive (C) University Drive and Redwood Place (D) ~Kinn~Street~'~l Wood' Street (E). ~alone Street and University Drive Joan Hartney, Chairman of the Citizens Traffic Support Con~nission, pointed out the need for these lights. No official action was taken. January 20, 1976 Continued 9. The following Ordinance was presented: ORDINANCE NO. 76-3 (Joe Farina) AN ORDINANCEAMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~ WAS ADOPTED AS ANAPPBNDIX TO T~! CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO TRACT NO. 1.S, CITY BLOCK NO. 233-C, AS SHOWN THIS DATE ON THti 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 Mitchell that the Ordinance be passed. On roll call vote Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 10. The Council considered an amendment to the street improvement district ~7 paving contract with Jagoe-Public Company for addition of Gober Street (Sena to Crow). The Director of Community Development pointed out the increased cost of added length of concrete storm sewer pipe to be installed on Gober Street. Motion was made by Kirk, seconded by Hughes that the amendment to the contract with Jagoe-Public Compamy be approved. Motion carried. 11. The Council considered approval of vouchers and purchase orders over $1,000. Council Member Stephens voiced concern with emergency purchases over $1,000. Motion was made by Kirk, seconded by Hughes that the following vouchers and purchase orders over $1,000 be approved for payment: VOUCHER U. S. Post Office $2,000.00 PURCHASE ORDERS Star Reloading Co. (P. O. #27776) $1,468.32 Trans-Tex Supply (P. O. #2?899) $1,789.89 Denton Commercial Printing (P. O. #28033) $1,768.00 Gaylord Brothers, Inc. (P. O. #28030) $2,100.00 Motion carried. 12. Council Member Mitchell stated that citizens were concerned about the recent traffic accident suit involving city traffic signals, ar~t. asked for a report on failure to file for insurance, and also requested infornmtion of progress of proposed street construction at the Avenue A, West Hickory and Fry St. intersection. 13. Council Member Stephens requested the Director of Community Development to prepare a statement of the cost to correct the safety hazard at Henry Street and Carroll Boulevard, and also asked for recommendations of the Staff on matters in which the City has a liability. The Mayor stated that the City Attorney has been instructed to make insurance claims where there was the possibility of legal action. 14. The Council adjourned into Executive Session at 8:40 p.m. 15. The Council reconvened into Public Session at 9:40 p.m. to armom~ce that no official action was taken. Meeting adjourned at 9:45 p.m. ~~~ ~---~-- MAYOR ~C I~'Y SECRETARY 9 Municipal ~ilding Janua~ 28, 1976 Joint meeting of the City Co~cil Nd the Planning Nd Zoning Co~ission of the City of Denton, Wednes~y, J~ua~ 28, 1976 at 7p.m. in the Co~cil Ch~bers of the Municipal Building. P~SE~: CI~ CO~CIL--M~or Jester, Mayor Pro Tem King, Co~cil Me~ers ~ghes, Mitchell Nd Stephens; City M~ager, Assistant City Manager, City Attorney Nd City Secreta~. PLANNING ANDZ~ING CON~4ISSION--Me~ers Ma~ing, Hill, Powell, McNatt and Allen. 1. A status report onstreet i~rovement projects as proposed in the 1973 bo~ issue was presented by th~ City M~ager and Director of Co~ity D~velo~ent. 2. A list of proposed projects to dete~ine priorities for construction was discussed. 3. ~e following proposals with consideration for possible f~ding were reviewed: ~) Avenue A/Hicko~ intersection revisions (B) Carroll Bird/Henry intersection revisions (C) Contin~tion of one-way street patterns on Oak and Hicko~ Streets between Locust and Bell Avenu~ (D) Teasley L~e/Dallas Drive intersection revisions Installation of flashing lights at five school crossings (F) Eagle Drive/~l~Ft. ~rth Drive intersection revisions 4. Motion was ~de by Hill, seco~ed by M~att that ~e Planning and Zoning Co~ission recomme~ · to the City Co~cil a sale of $1,500,000 in Street Assessment Bonds be made for projects in 1976, Nd ~rther reco~end that the f~ds be e~end- ed in the follow~g manner: current projects yet to be completed $ 913,539 right-of-w~ for Sheman Drive 350,961 signal a~ intersection improvements 235,500 TOTAL $1,500,0~0 Motion carried. Meeting adjourne~ 9p.m~ C IFF SECRETARY ":~.: '~',:" Municipal Building February 2, 1976 Joint meeting of the City Council and th~ Parks and Recreation Board of the City of Denton, Texas, Monday, February 2, 1976 at 5 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: CITy COUNCIL: Mayor Jester,~Mayor Pro Tem. King, Council Members Hughes, Stephens and Mitchell; City Manager, Assistant City Manager,.~ity Attorney and City Secretary. PARKS AND RECREAT~IONB(IARD: Cheek, Wright, Douthit, Logan, Reed and the Director of Parks a~Recreation. 1. The Director of Parks and Recreation presented the following recommendationz which were discussed at length: PARKS AND RECREATION DEPART~NT FIRST BOND SALE 1. Community Center Remodeling $ S0,000.00 2. Evers Park: a. Ballfield improvements 4 fields with bleachers 18,000.00 b. Restroom/concession iS,000.00 c. Sewer/water lines 10,000.00 d. Parking lot 10 000.00 3. Mack Park: a. Ballfield construction 4 fields with bleachers 20 000.00 b. Restroom/concession 15 000.00 c. Sewer/water lines 10 000 00 d. Parking lot 10 000 00 e. Sprinkler system 10 000 00 ~. Carroll Blvd. sidewalks 25 000 00 5. Existing tennis courts-resurfacing of 6 courts 36 000 00 6. Bronco field relighting 25 000 00 7. North Lake Park Project 464 000 00 1-Phase -$700,000.00 2. The Council was advised that at the meeting of the Parks and Recreation Board on January 21, 1976 a motion was made by Wright, seconded by Reed that if another bond sale would be scheduled in 6 months from this date, then the $700,000 would be sufficient, but if there is not another bond sale in 6 months then the Board recommends a 51,000,000 boat sale. Motion carried. Joint Council Meeting adjourned at 6:20 p.m. MAYOR Municipal Building February 3, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 3, 1976 at 7 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 King, seconded by Mitchell that the minutes of the meeting of January 20, 1976, January 28, 1976 and February 2, 1976 be approved. Motion carried. 2. Frank Medanich of the First Southwest Company, Denton's Financial Advisor, presented an Ordinance directing the sale of bonds and pointed out the necessary procedures involved in the bond sale, and advising that the date of receiving sealed bids will be 7 p.m. on the 6th day of April,. 1976. The following Ordinance was presented: ORDINANCE NO. 76-4 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 $1,500,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1976 $1,000,000 GENERAL OBLIGATION PARK IMPROVEMENT BONDS, SERIES 1976 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipa! Building in the City of Denton until: 7:00 p.m., on the 6th day of April, 1976, for the purchase of: $1,500,000 General Obligation Street Improvement Bonds, to be dated April 1S, 1976, and to mature serially on July iS of each year 1978 through 1996. $1,000,000 General Obligation Park Improvement Bonds, to be dated April 15, 1976, and to mature serially on July iS of each year 1978 through 1996. 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 March 15, 1976, and will be furnished to any prospective bidder upon request, by First Southwest ~ompany, Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. February 3, 1976 Continued The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. BROOKS HOLT CITY SECRETARY CI~ 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; and 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 publication shall be made at least thirty days prior to the day set for receiving bids. Motion was made by Hughes, 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. 3. BIDS: (A) #8335 Capacitors and Racks Motion was made by King, seconded by Hughes that the bid be awarded to the lowest and best bidders as follows: Item 1-150 KV~Units to Cun~nins Supply @ $191.00 each Item 2-200 KV~Units to Cummins Supply @ $229.75 each Item 3- 6 Unit Racks to Temple Inc. @ $42.00 each Motion carried. (B) #8336 Cooling Water Chemical Treatment at Steam Plant Motion was made by Mitchell, seconded.by Hughes that the bid be awarded to the lowest and best evaluated bidder, United Chemical Company at the estimated cost of $16,733.00 per year. Motion carried. (C) #8339 Police Fleet Motion was made by King, seconded by Hughes that the bid be awarded as follows: Item 1 to low bidder Denton Dodge at $59,805.91 for 13 units Item 2 to low bidder Banner Chevrolet at $4,334.07 Item 3 to low bidder Bill Utter Ford at $4,459.43 Motion carried. (D) #8340 Truck, Cab and Chassis and Packer Bodies Motion was made by Mitchell, seconded by Stephens that the bid be awarded as follows: Item 1 to Banner Chevrolet at $3,973.05 Item 2 to Banner Chevrolet for total of $17,858.00 Item 3 to Banner Chevrolet for total of $17,706.90 Item 4 to Banner Chevrolet for total of $17,731.94 Item 5 to Pak-Mor of San Antonio for total of $18,000.00 Motion carried. February 3, 1976 Continued (E) #8342 Cement, Lime and Road Materials Motion was made by King, seconded by Mitchell that the bid be awarded as follows: Item 1 to Gene Fohlke Building Products at $2.85 per sack for local pick up and Trinity Division at $2.35 bulk delivery in sacks, 18 ton minimum. Item 2 to Gene Gohlke Building Products at $2.35 per sack. Item 3 to Gene Gohlke Building Products at $1.95 per sack for local pick up and to Texas Lime at $1.2587 for bulk delivery in sacks, 18 ton minimum. Item 4 to Gene Gohlke Building Products at $2.10 per sack for local pickup. Item 5 to Texas Industries (TXI) at $39.45 per ton. Item 6 to Texas Lime at $2.05/cwt. with 18 ton minimum quantity. Item 7 to Gene Gohlke Building Products at $9.00 per yard for local pick up and to Trinity Division at $4.12 per ton for bulk delivery, 25 ton minimum. Item 8 to Texas Industries at $2.60 per ton. * Item 8A to Texas Industries at $.95 per ton. * Item 9 to Texas Industries at $2.90 per ton. * Item 10 to Texas Industries at $2.60 per ton. ~ Item 11 to Vulcan Materials at $3.09 per ton FOB Denton. Items 12 & 13 to Boyd Excavation as low bidder on like items at $2.50 per yard. ~ Items 14, 15, 16 & 18 to Wright Asphalt as follows: .3235 per gallon for MC-1 .3235 per gallon for RC-2 .2845 per gallon for 0A-135 .0755 per pound for 35/50 joint & crack sealer with minimum order of 9,000 pounds, FOB Irving, Texas. Item 17 No bid received. Item 19 & 20 to Gifford Hill at $6.09 per ton. Item 21 to Vulcan Materials at $6.19 per ton. Item 22 to Trinity Division at $6.30 per ton Items 23 and 26 to Vulcan Materials at $9.69 per ton. Items 24 & 25 to Jagoe Public Construction at $10.65 per ton Items 27 & 28 to Wright Asphalt at $.3225 per gallon. ~ Items 8 through 10 is bid FOB TXI Plant, Denton, Texas. ~ Boyd Excavation bid all or none on items 12 and 13. After an evaluation of our usage of last years contract, Boyd Excavation is the better price by $346.08 on items 12 & 13. Motion carried. February 3, 1976 Continued (F) #8343 Tree Trimming over Utility Lines Motion was made by Stephens, seconded by Mitchell that the bid be awarded to the lowest and best bidder, Blume Systems Tree Experts at a maximum of $26.10 per work hour. Motion carried. (G) #8344 Utility Register Computer Forms Motion was made 'by Mitchell, seconded by Stephens that the bid be awarded to the low bidder, Four-J Business Forms of Dallas at a bid of $1,623.30. Motion carried (H) #8347 Fault Detector Relays Motion was made by Hughes, seconded by Stephens that the bid be awarded to Westinghouse at an estimated bid of $342.00 each. Motion carried. 4. KEFERRALS: Motion was made by King, seconded by Mitchell that the following 3 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-123, the petition of Mr. Walter Parker, requesting that he be granted a specific use permit to operate a private primary school at 2226 N. Locust. (B) Z-1265, the petition of Mr. J. A. Coffey, requesting that the zoning classification of 17 acres of land located at the northwest corner of Cardinal Street and Oriole Lane be changed from the Single Family (SF-7) to the Multi-Family (MF-1) classification. (C) Z-1266, the petition of Mr. Joe Belew, requesting that the zoning classification of 718 Bernard Street be changed from the University (U) to the General Retail (GR) classification. Motion carried. 5. The Mayor announced ~at an 8 lb. baby boy had arrived at Flow Hospital to Lee and King Cole, the Assistant to the City Manager and his wife. No official action necessary. 6. PUBLIC HEARINGS: (A) 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. After hearing 6 pr~onents and 4 speaking in opposition and a report recommending approval from the Planning and Zoning Commission, motion was made by Hughes, seconded by Stephens that the petition be approved. Motion failed 2 to 3'--petition denied. (B) A public heari~ was held to consider the addition of Smith Street between Dallas Drive ~md Johnson Street to Assessment Paving Program #7. Speaking in favor of the paving assessment were Mr. Howard Floyd, Dallas Drive and Smith, Harold Hash, 400 Smith, Everett Ottman, 413 Smith and Mr. Garr, 301 Smith. Speaking ~m opposition were Gilbert O'Rear, stating not able to pay, Marvin Calvert~ speaking for his mother, stating that she could not pay, Sidney Sprabary, statir~ that neither he nor his father were able to pay and Parker Willingham, stating no. Motion was made ~ King, seconded by Hughes to approve Paving Assessment Program #7 on Smith Street. Two Council Members voted for and 2 voted against, with Mayor Jester M~staining since he owned property on Smith Street. The Paving Assessment addition was disapproved for lack of a majority. February 3, 1976 Continued (C) A public hearing was held to receive recon~nendations from The Citizens Charter Advisory Committee. Dr. Alex Finlay, Chairman of the Committee, stated that the election portion of the Charter had been recommended to be changed to be in compliance with the law, but that the CoJmi~ittee had ~n0t finalized its work. (D) A public hearing was held on approval to apply for a grant from the Federal Community Development Act. Reviewing the procedure were the City Manager and the Director of Community Development. No one spoke in opposition. Motion was made by Stephens, seconded by Hughes to approve making application for a grant and authorizing the Mayor to sign. Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 76-5 AN ORDINANCE ORDERING A SPECIAL HOME RULE ELECTION IN THE CITY OF DENTON, TEXAS, TO BE H~LD ON SATURDAY, THE 3RD DAY OF APRIL, A.D. 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF DENTON; DESIGNATING -- THE POLLING PLACE; PRESCRIBING OFFICERS THEREOF; AND DECLARING AN t~4ERGENCY. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. Motion was made by Mitchell to amend the original motion to delete Section 2.01 of Article 2 as recommended by the Committee. The motion died for lack of a second. The original motion was then voted on. On roll call vote Mitchell "nay", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried 4 to 1. 8. Mary Claude Gay, Board Member, reviewed the Research and Economic Development Board's proposed budget and advertising program. It was pointed out that under I, Local Communications, a total of $8,250 was recommended, under II National Communications, a total amount of $22,150 was recommended, under tli, Agency Service, an amount of $9,600 was recommended. Grand Total $40,000. (Copy of proposed budget can be found in City Secretary's File, Packet #4757). Motion was made by King, seconded by Hughes that the budget for the Research and Economic Development Board be approved in the total amount of $40,000. Motion carried. 9. The following Resolution was presented following a statement by Dr. Jack Scroggs, Chairman of the Bicentennial Committee: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A.D. 1976. RESOLUTION \ WHEREAS, it is the desire of the City of Denton to participate in the celebration of this Nation's Bicentennial Anniversary; and WHEREAS, the City of Denton desires to be designated ~as~ a Bicentennial City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City make application to be designated as a Bicentennial City during the historic 200th anniversary of the United States of America and the City of Denton February 3, 1976 Continued pledges to lend its support in the further~ce ~f this Bicentennial Celebration. PASSED AND APPROVED this the 3rd day of February, A. D. 1976. /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 ~as made by Stephens, seconded by Hughes that the Resolution be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 10. The Council reviewed the following projects not included in the bond fund proposals: SA Avenue A/Hicko~7 intersection revisions SB Carroll Blvd./Henry intersection revisions 5D Teasley Lane/Dallas Driv~ intersection revisions SE Installation of flashing lights at five school crossings 5F Eagle Drive/Elm/Ft. Worth Drive intersection revisions (A) Motion was made by Mitchell, seconded by King that ~, Avenue A and Hickory be approved. Motion carried. (B) Motion was made by Stephens, seconded by Mitchell that 5B, Carroll Blvd. a~d Henry be approved. Motion carried. (C) Motion was made by Mitchell, seconded by ~ing that SD, Teasley Lane and Dallas Drive be tabled. Motion carried. (D) Motion was made ~ Hughes, seconded by Stephens that in regard to $E, installation of flashing lights at five school crossings, the lights to be ordered but to be paid for from the 1976-77 budget. Motion carried 4 to 1. (E) Motion was made by Stephens, seconded by King that 5F, Eagle Drive/Elm/Ft. Worth Drive be tabled. Motion carried. 11. The following Resolution ~as 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 3RD DAY OF FEBRUARY, A.D. 1976. RE SO L U'T I ON WHEREAS, the City of Denton and the Denton Chamber of Commerce are desirous to commence a campaign to remove j~nk vehicles as defined by the Tex~s Civil Statutes from the City of Denton, Te×as; and WHEP~EAS, Section 14-29 of the Code of Ordinances of the City of Denton provide for a hearing on request of the owner or occupant of premises for determination of whether or not his vehicle is a junk vehicle; and February 3, 1976 Continued WHEREAS, the governing body of the City of Denton is desirous of designating a body before which these .type he~ring~ may be held~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Municipal Court of the City of Denton, Texas shall hear any and all hearings pursuant to Section 14-29 of the Code of Ordinances of the City of Denton to determine whether or not a vehicle is a junk vehicle as defined by Texas Civil Statutes and the Rules of Civil Procedure applicable in the Courts of the State of Texas be applied to these proceedings. PASSED AND APPROVED this the 3rd day of February, A. D. 1976. /s/ TOM D. JESTER, JR., MAYOR CITY OF DF~NTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DF~FFON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by King that the Resolution be passed. On roll call vote Hughes "aye", Mitchell "aye"~ Stephens "aye", King "aye" and Jester "aye". 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 ~v~JNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A.D. 1976. RESOLUTION WHEREAS, street signs and road signs erected by the City of Denton have been subject to increasing vandalism, theft and destruction during the year 1975; and WHEREAS, the City Council of the City of Denton, Texas desires to reduce this type of vandalism; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: A standing reward of Fifty Dollars(S50.00) is hereby offered by the City of Denton for information leading to the arrest and conviction of any person unlawfully, wilfully, maliciously, wantonly, negligently or otherwise who shall injure, deface, destroy, remove or knock down any real or personal property, any street sign or traffic control device belonging to the City of Denton within the city limits of the City of Denton and said reward is to be paid out of the General Fund of the City of Denton to the person or persons so furnishing information leading to the arrest and conviction of persons guilty of said offense. PASSED AND APPROVED this 3rd day of February, A. D. 1976. /s/ TOM D. JESTER, JR., MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS Febn~ary 3, 1976 ContinUed 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. On roll call vote Stephens "aye", Mitchell "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 13. 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 gAID CITY ON THE 3RD DAY OF FEBRUARY, A.D. 1976. RESOLUTION WHEREAS, the State of Texas~ through its Highway Department, has submitted a form of a contract proposed to be entered into by it and the City of Denton for the purpose of providing for tk, e installation, construction, existence, use, operation, and maintenance of a highway illumination and lighting system within the City of Denton at the following location: SAFETY LIGHTING ON HIGHWAYS IH 3~, IH 35E, AND IH 35W liN THE CITY OF DENTON; and WHEREAS, the City Council of the City of Denton is of the opinion that 'such contract whould be entered into by the City of Denton and the form as submitted be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Section 1 -- That the attached contract, which sets out fully the respective obligations of the State and the City of Denton thereunder is hereby approved and Tom D. Jester, Jr., Mayor of the City of Denton is authorized to execute same on behalf of the City of Denton, and the City Secretary is authorized to attest the same under the seal of the City of Denton. Section 2 -- That upon the ad_option of this Resolution, the City Secretary is hereby directed to certify to sufficient copies of this Resolution so that the same can be attached to said. contract and become a part thereof. Section 3 -~ That this Resolution shall take effect immediately after its passage and approval. PASSED AND APPROVED this the 3rd day of February, A. D. 1976. /s/ TOM D. ~ESTER, 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 Hughes that the Resolution be passed. On roll call vote Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. February 3, 1976 Continued 14. The City Attorney reported on the suit resulting in a Judgment against the City in an accident which occurred at the intersection of Eagle Drive and North Elm. A written report was available for Council Members. No official action was taken. 15. The City Manager reported on the claim of Lone Star Gas Company for gas not used by the City. No official action was taken. 16. Motion was made by Stephens, seconded by King that the following vouchers and purchase orders be approved for payment: PURCHASE ORDERS Underwood's Pit Bar-B-Q (P. O. #27522) $1,600.00 New York Graphic Society LTD (P. O. #29217) $1,711.60 VOUCHER U. S. Post Office $2,000.00 Motion carried. 17. The following Ordinance was presented: ORDINANCE NO. 76-6 AN ORDINANCE 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. 1976, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEN FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3 SECTION 3.01 (a) OF THE CHARTER OF TH~ 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 ~V[AKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF SAID ELECTION AND DECLARING TH~ RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Hughes "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 18. The City Manager spoke concerning the County of Denton inquiring relative to the possibility of the City utilizing a portion of the County Annex. He also briefly reviewed the Telephone Company Franchise and requested an Executive Session to discuss both of the above items. 19. The Council adjourned into Executive Session at 12 midnight. 20. The Council reconvened into Public Session at 12:40 a.m. to report that no action was to be taken. The meeting adjourned at 12:43 a.m. ~,~~ CITY SECRETARY Municipal Building February 17, 1976 Regular meeting of the City Cotmcil, City of Denton, Texas, Tuesday, February 17, 1976, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tern King, Council ~mbers Hughes, Stephens and Mitchell; City M~lager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by King, seconded by Stephens that the minutes of the regular meeting of February 3, 1976 be approved. Motion carried. 2. BIDS: (A) #8345 Excavator Motion was made by Mitchell, seconded by King that the bid be awarded to the low bidder, Waukesha-Pearce Industries, in the amount of $64,079.00, FOB Denton, Texas, delivery 30-4.5 days. Motion carried. (B) #8346 #2 Stranded Concentric Cable Motion was made by Mitchell, seconded by King that the bid be awarded to the low bidder meeting specifications, Westinghouse Electric Supply Company, at $344.50 per thousand feet, for a total price of $3,445.00. Motion carried. (C) #8348 Conversion of Existing Chlorinator Motion was made by King, seconded by Mitchell that the bid be awarded to Wallace and Tiernan Company at a bid of $1,679.00. Motion carried. 3. REFERRAL: Motion was made by King, seconded by Mitchell that the following petition be referred to the Planning and Zoning Commission for its reconmendation: (A) S-124, the petition of Mr. Robin Paul Wimmer, requesting a specific use permit to operate a licensed private club in a general retail (GR) zone at 1226 W. Hickory Street. Motion carried. 4. The Mayor, in behalf of the Council, presented a plaque of appreciation to Elmer Patterson who retired from the City Machine Shop after 30 years of service. S. PUBLIC HEARINGS: (A) A public hearing was held on S-120, the petition of Clovis Morrisson, requesting that he be granted a specific use permit in a University (U) zone to operate a restaurant without drive-in service on property within the 1400 block of Eagle Drive. The property is ~rther described as being south of Eagle Drive between Avenue B and Collier Street. 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 with the following conditions: · (1~. ~ site 91an shall be required illustrating property and proposed .~..~-~ev~lopment.~. Final site plan shall be approved by City Council. (2b'A screening wall, approximately 6 feet in height, shall be placed along the south side of the property. (3) Parking for the restaurant without drive-in service shall constitute one parking stall per three seats. (4) Ail city regulations and codes shall remain applicable to this permit. (5) This permit shall be issued to the owners in partnership of the land who are Henry Mulvihill, John Frazier and David Brasted. Motion carried. February 17, 1976 Continued (B) A public hearing was held on S-121, the petition of Mr. T. L. Franco, requesting that he be granted a specific use permit to operate a licensed private club in a general retail (GR) zone at 827 Eagle Drive. The club property is referred to as the Tio PepeMexican Restaurant. After hearing 1 proponent and 1 in opposition and a report of approval by the Planning and Zoning Co~mission~ motion was made by King, seconded by Mitchell that the petition be approved with the following conditions: (1) The operation of the private club shall require registration and license approval by the Texas Liquor Control Board. (2) The permit shall cease whenever Mr. T. L. Franco is no longer the operator of 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. The plan ~shall be submitted to the Community Development Department. (4) Parking shall be computed as one parking stall per three seats in conformity with the Zoning Ordinance. Motion carried 4 to 1. (C) A public hearing was held on S-122, the petition of Mr. and Mrs. G. J. Beck, represented by Leonard Miller, requesting a specific use permit to operate a licensed private club in a retail zone in the 1600 block of Eagle at the University Plaza Shopping Center. The property is further described as being located on the southwest corner of Collier and Eagle Drive between the Pizza Inn Restaurant on the north side and Milano's Restaurant on the south side. After hearing 1 proponent and none in opposition and a report of approval by the PlaunLug and Zoning Commission, motion was made by Mitchell, seconded by King that the petition be approved with the following conditions: (1) The operation of the private club shall require registration and licensed approval from the Texas Liquor Control Board. (2) A site plan shall be required to show the building layout, parking and seating for the operation of the private club. (3) This permit shall cease whenever Mr. and Mrs. G. J. Beck are no longer the owners and operators of the private club. (4) The required parking shall be based upon one space for every three seats in conformance with the Zoning Ordinance. Motion carried 4 to 1. (D) A public hearing was held to consider the extension of one-way traffic patterns on both East Oak and East Hickory Streets between Locust and Bell Avenue. Prior to the opening of the public hearing the Council was briefed by the Director of Community Development who stated that the Citizens Traffic Safety Support Commission, the Planning and Zoning Commission and the City Staff had recommended approval. Eight spoke in opposition to changing to one-way traffic patterns and a petition containing over 100 signatures, opposing one-way streets was submitted. Motion was made by Stephens, seconded by Mitchell to retain E. Hickory and E. Oak from Locust to new Bell Avenue as 2 way streets until further study can be made. Motion carried unanimously. Febm~ary 17, 1976 Continued 6. The following Resolution was presented: AT A REGULAR MEETING OF TH~ CI~ COUNCIL OF TH~ CITY OF DENTON, TEXAS, HELD IN T~ MUNICIPAL BUILDING OF SAID CIYY ON THE 17TH DAY OF FEBRUARY, A. D. 1976. RESOLUTION WHEREAS, it is a public necessity to obtain certain properties for street improve- ment m~d 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 Three Thousand Five Hundred Ninety-Four and 75/100 Dollars ($103,594.75), 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 Ninety Five Thousand Two Hundred Ninety Four and 75/100 Dollars ($95,294.75) and the s~nount of Three Thousand Two Hundred and No/100 Dollars ($3,200.00) in miscellaneous expenses as per the attached addendum affixed hereto; and that money be expended from the General Revenue Fund to U. S. Life Title Company in the amount of Five Thousand Two Hundred Dollars ($5,200.00) for acquisition of park property. PASSED AND APPROVED this the 17th day of February, A. D. 1976. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT-,~ ~ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM,-'~-ITY ATTOPJVEY CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMF~Ff BOND FUNDS: U. S. LIFE ~ TITLE COMPANY Lena V. Beaty Carroll $14,000.00 Closing Cost 181.00 Hattie M. Denton Carroll 30,000.00 Closing Cost 246.00 St. Andrew Presbyterian Church Closing Cost 133.00 Lester F. Yarbrough Carroll 14,200.00 Closing Cost 184.50 Ben L. Smith, Jr. Carroll 4,300.00 Closing Cost 125.00 Christine V. Offenbacker Carroll 9,036.00 Closing Cost 159.50 Jodie Daniel Carroll 4,000.00 Closing Cost 130.50 February 17, 1976 Continued Marino Rodriquez Carroll 17,000.00 Closing Cost 193.00 Gerald E. Stone McKinney Closing Cost 116.00 Pearl Street Church of McKinney Christ Closing Cost 382.00 Denton County Court Clerk (Sam Hillard Condemnation) Carroll 908.25 TOTAL STREET BOND FUND $95,294.75 (2) MISCELLANEOUS: Earl Coleman Legal Fees (Church of Christ & Thomas E. Noel) $ 3,100.00 Real Estate Services Testimony (McKinney St.) 100.00 ~f) TOTAL MISCELLANEOUS $ 3,200.00 ~-~ (3) G~NERAL REVENUE FUND: '-~ U.S. LIFE TITLE COMPANY Jerry Simmons Park Property $ 5,200.00 TOTAL GENERAL REVENUE FUND $ 5,200.00 Motion was made by Stephens, seconded by King that the Resolution be passed. On roll call vote Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 7. The City Manager requested that the Staff be authorized to dispose of certain buildings on Carroll Street right-of-way, and that the Staff be authorized to advertise for bids. Motion was made by Hughes, seconded by Stephens to approve the request. Motion carried. 8. Dr. Alex Finlay, Chairman of the Citizens Charter Advisory Committee, presented final recommendations from the Committee, suggesting that Section 3.01, date of election, be placed as a separate amendment on the ballot rather than under amendment #1. Motion was made by King, seconded by Hughes to approve recommendation of Dr. Finlay. Motion was then made by Mitchell to amend the motion, deleting Section 2.01, ~he Council number, selection and term. Motion died for lack of a second. The original motion carried. The following Ordinance was presented: ORDINANCE NO. 76-7 AN ORDINANCE ORDERING A SPECIAL HOME RULE ELECTION IN THE CITY OF DENTON, TEXAS, TO BE HELD ON SATURDAY, THE 3RD DAY OF APRIL, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF DENTON; DESIGNATING THE POLLING PLACE; APPOINTING ELECTION OFFICIALS; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOTS; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Motion was made by King, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Hughes "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. Febr~lary 17, 1976 Continued 9. 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 TH~ 17TH DAY OF FEBRUARY, A.D. 1976. RE S 0 L U T I ON WHEREAS, on the 3rd day of February, 1976, at the regularly scheduled City Council meeting, the City Council passed an ordinance calling for the election of two councilpersons on the 3rd day of April, 1976; and ~[EREAS, a section of that ordinance provided for the appointment of an Election Judge and the appointment of an Alternate Election Judge; and WHEREAS, the City Council at that meeting appointed J. L. Carrico as Election Judge and Lee Knox as Alternate Election Judge; and WHEREAS, it has come to the attention of the City Council that J. L. Carrico cannot act as Election Judge for the City Council election to take place on the 3rd day of April, 1976, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Lee Knox be appointed presiding Election Judge and Bob Miller be appointed Alternate Election Judge for the City Council election scheduled to take place on the 3rd day of April, 1976. PASSED AND APPROVED this the 17th day of February, A. D. 1976. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT~. GITY ~S]~CRETARY 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 Hughes that the Resolution be passed, enroll call vote Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. 10. King Cole, Assista~t To The City Manager, briefed the Council relative to a purchase order submitted by the Research and Economic Development Board through the City Purchasing Department ~r advertising in Fortune Magazine. Cole showed the Council copies of the two ads to be run. Motion was made by King, seconded by Hughes to approve purchase order number 28403 to Norsworthy, Mercer & Kerss, Inc. Advertising Firm, in the total amount of $27,350.00. Motion carried. 11. The Council considered the recommendation of the Citizens Traffic Safety Support Commission to close the Courthouse Square on July 4 and also the request of Rudra Inc. to close Congress Street on April 3-4 for Bicentennial C~lebrations. Motion was~ made by Stephens, seconded by King to approve the request of Rudra, Inc. to close Congress Street between Elm and Locust for a Bicentennial Heritage Celebration on Saturday, April 3 at 6 a.m. and ending Sunday, April 4 at midnight, and the request of the Bicentennial Committee to close the streets around the square between 9 a.m. and 6 p.m. on July 4. Motion carried. February 17, 1976 Continued 12. Motion was made by King, seconded by Stephens to approve appointment of Mrs. Ruth Frady to the Citizens Traffic Safety Support Con~nission. Motion carried. Meeting adjourned at 9:30 p.m. Muni cipal Building March 2, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 2, 1976, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Council Members Stephens, Mitchell and Hughes; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Pro Tem King. 1. Motion was made'by Stephens, seconded by Hughes that the minutes of the regular meeting of~February 17, 1976 be approved. Motion carried. 2. BIDS: (A) #8333 Fuel Oil Storage Tank The Council was briefed by the City Manager, who stated that the purchase was approved by the Utilities Board and Black & Veatch Consulting Engineers. He also stated that natural gas was expected to be phased out as boiler fuel. Motion was made by Mitchell, seconded by Hughes that the bid be awarded to Chicago Bridge and Iron Company at the lowest and best bid of $183,680 without option of fuel oil heater and with a completion date of November, 1976, and authorize Black & Veatch to proceed with plans and specifications. Motion carried 3 to 1. (B) #8351 Water Meters Following a briefing by the City Manager, motion was made by Mitchell, seconded by Stephens that the bid be awarded as follows: Item 1 5/8" x 3/4" meters--to the lowest and best bidder, Bowles & Eden at $27.83 each. Item 2 1" meters--to the lowest and best bidder, Gamon- Calmet Industries at $62.28 each. Item 3 1 1/2" 'meters--to the lowest and best bidder, Gamon-Calmet Industries at $139.10 each. Item 4 2" meters--to the lowest and best bidder, Neptune Meter Company at $195.51 each. Items 5, 6 and 7 compound water meters (3", 4" and 6")--to Bowles and Eden (Hersey Meter Co.) for the three sizes of compound meters in the amount of $657.00 for the 3" meter, $1,0~5 for the 4" meter and ~2,019 for the 6" meter. Item 8 2" fire hydrant meter--to Badger Meter Company as the lowest and best bid at $279.02 each. Motion carried. (C) #8353 Baseball Equipment Motion was made by Stephens, seconded by Mitchell that the bid be awarded to James Magill, the low bidder, at a price of $1,769.04. Motion carried. (D) #8356 Fire Demartment Helmets Motion was made by Hughes, seconded by Stephens that the bid be awarded to Arlington Equipment, the Iow bidder, at $36.22 each, for a total of $2,281.86, and that the old style helmets be sold to the high bidder, W. Ho Lumpkin, at $6.00 each, for a total of g378.00, making the net total cost $1,903.86. Motion carried. March 2, 1976 Continued 3. REFERRALS: Motion was made by Mitchell, seconded by Hughes that the following 3 oetitions be referred to the Planning and Zoning Commission for its reco~nmendations: (A) Z-1267, the petition of Mr. J. Ho Briscoe, requesting that the zoning classification of a tract at the northeast corner of University Drive and Bonnie Brae Street be changed from the General --- Retail (GR) to Commercial (C) classification. (B) Z-1268, the petition of the Knights of Columbus, request- ing that the zoning classification of a tract at the far north end of Riney Road be changed from the Single Family (SF-16) to the Agricultural (A) classification. This is the present location of the knights of Columbus Lodge. (C) S-125, the petition of the Knights of Columbus, request- ing that they be granted a specific use permit to ooerate a licensed private club on a tract located at the far north end of Riney Road. This is the present location of the Knights of Columbus Lodge. Motion carried. ,-~ 4. PUBLIC HEARING: (A) A public hearing was held to consider assessment paving petition for Smith Street between Johnson Street to Dallas Drive in Assessment Project #7. After hearing Everett Ottman, Mrs. Everett Ottman, Harold Hasch and Mr. McGar speak in favor, and Sidney Sprabary, Gilbert O'Rear, Marvin Calvert, Mrs. Wright and Howard Floyd speak in opposition, motion was made by Mitchell to Approve the petition. Motion died for lack of a second. The petition failed with ~ester abstaining from participation in official action. 5. The City Attorney briefed the Council relative to Power Sales Contract between City of Denton and Texas Municipal Power Agency. The Council agreed that a study session would be set uo for detailed study of the proposed contract. 6. The Assistant City Manage~ briefed the Council relative to the Texas Water Quality Board's hearing and steps to be taken by the City of Denton to comply with the~Board's enforcement order. The Assistant City Manager requested that the Council authorize purchase of spare parts recommended by the Texas Water Duality Board from the Zimpro Corporation in the estimated amount of $4,905.88, and to apDrove the fee in the estimated amount of $3,800 for engineering services. Motion was made by Stephens, seconded by Hughes to approve the purchase of parts from Zimpro Corporation and payment to the engineer, as requested and recommended by the Assistant City Manager. Motion carried. 7. The City Attorney briefed the Council relative to renewal of the Hi-Noon Lions Club Concession Agreement. Motion was made by Stephens, seconded by Mitchell to enter i,t0 a concession agreement with the Denton Hi-Noon Lions Club. Motion carried. 8. The City Attorney briefed the Council on the proposed residential tax equalization program for the City of Denton. Mayor Jester stated that further study would be made by the Council relative to the matter. The Council concurred. March 2, 1976 Continued 9. The Council considered the audit for the City of Denton, fiscal year 1974-75, as prepared by Ernst & Ernst. Motion was made by Hughes, seconded by Stephens that the audit be accepted. Motion carried. 10. The Council considered the action of TPPI to provide a team of consultants to negotiate a fuel's management supply contract. Motion was made by Hughes, seconded by Mitchell to approve Denton's share of the cost in the amount of $6,477 or 21~59%. Motion carried. 11. Motion was made by Mitchell, seconded by Stephens that the Tax Adjustment Report for the month of February, 1976 in the amount of $5,892.45 be approved. Motion carried. 12. Motion was made by Stephens, seconded by Mitchell that the following vouchers and purchase orders in excess of gl 000 be approved for payment: ' ' PURCHASE ORDER Walker-Process Division (P. O. #28540) $1,625.00 VOUCHERS American Public Power Association $2,015.39 U. S. Post Office $2,000.0Q U. S. Post Office $2,000.00 Motion carried. 13. The Council adjourned into Executive Session at 9:40 p.m. 14. The Council reconvened into Public Session at 10:05 p.m. to report that no official action was to be taken. Meeting adjourned at 10:08 p.m. C ITY~ ~~ MAYOR Municipal Building March 4, 1976 Joint meeting of the City Council and Airport Board of the City of Denton, Texas, Thursday, March 4, 1976 at 12:00 noon in the Conference Room of the City Manager's Office in the Municipal Building. PRESENT: City Council: Mayor Jester, Council Members Mitchell, Hughes and Stephens; City Manager, Assistant City Manager, Assistant To The City Manager and Secretary. ABSENT: City Council: Mayor Pro Tem King PRESENT: Airport Board: Moellinger, Stewart, Crouch, Smith and Nichols ABSENT: ~rport Board: Reed and Crawford 1. Cost comparisons were given for plan for airport runway extensions by Carroll Finklea, of Shimick, Roming, Jacobs and Finklea, Consulting Engineers. Motion was made Mitchell, seconded by Stephens that the Airport Master Plan be revised to show runway extension of 1,050 feet on the south end with a future extension of 800 feet on the north end. Motion carried. Meeting adjourned at 1:30 p.m. MAYOR Municipal Building March 8, 1976 Emergency Meeting of the City Council of the City of Denton, Texas, Monday, March 8, 1976 at 1:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor Pro Tem King, Council Members Stephens, Hughes and Mitchell; City Manager, City Attorney and City Secretary. 1. The purpose of the meeting was to consider the request of a group of local citizens to hold a local option election in the Community Building in conjunction with the Municipal and School Elections on April 3, 1976. 2. The Mayor invited those present, who were in favor of or in opposition to holding the local option election in the Community Building on April 3, 1976, to express their opinions. Speaking in favor were L. L. Armstrong, L. A. Nelson, Hank Davenport, Boyce Brannan and Dan Dudley. Speaking in opposition was Stephen Fogg. Following questions relative to space, congestion, parking, confusion, etc, and an inspection of the Community Building facilities, motion was made by King, seconded by Hughes that the City of Denton make the Community Building available for a local option election on April 3, 1976. Motion carried. Meeting adjourned at 2:27 p.m.. MAYOR 31 Municipal Building March 15, 1976 Emergency Oofnt M~eting of the City Council and the Utilities Board of the City of Oenton~ Tex~s, Monday, March 15, 1976 at 5 p.m. in the Council Chambers of the Municipal Building. PRESENT: Ctt~ Council: Mayor Jeerer, Mayor Pro Tam King, Council Men,=er Mitchell; City Ma~ger, Assistant City M~nager, City Attorney and Assistant City S~cratary. U~i)ttt. el~ Board: HeXol, D~vis and Silvey. ABSENT: Ci~ Council: ~unctl ~ Hughes and Stephens. U~= Rm~y and Mun~on. 1. The lilayor ooen~ the nmettng and in~nedtately ~cessed 1nrc Executive Session t~ discuss possible Lone S~ ~am litigation and litigation on Aub~ey Re~ervotP with the Ci~ of Dallas. 2. The Council rec~nven~ tn~ public session at 6:~0 p.m. The City Manage~ b~tef~ t~ Council on the p~g~ess of the Aub~y Resarvoi~ P~Ject, explaining t~t it m~eared the City of ~lla~ ~ either unable o~. u~(lltng to pa~ttcl~ tn the p~J~t at thi~ tim. The Manager further s~d thmt the Ct~ of ~nton ~s on the ~rch 16, 1976 Agenda of the Texas Wa~r ~velm~nt ~rd. ~ ~quasted that the Council con~ider approving a Resolut)~ authoPt=ing t~ Ct~Mmnage~ ~o ask the Texa~ ~te~ Develo~ent ~a~d ~ ~u~ Dallm~' 74% of ~ Aub~ey Project, p~ovtded that the City of Dalla~ fails to accep~ a ~tt f~ ~e Texas Water Rights Cool,sion. The Resolution ~uld. further ~uthor(~e ~he ~ger to contract with the Taxes Wa~r ~velop~n~ ~a~ fo~ an option for the City of Denton to acquire mn ~dditton~l 30 MGD y~eld f~ .the P~J~t, subJect,.~the approval of the City Council. 3. The folt'~tng Re~olutton ~s p~,en~d: AT A SPEC~ M~TI~ OF THE CITY COUNCIL OF THE CITY OF D~N~N, TE~S, HELD IN TH~ MUNICI)~ ~ILDING OF ~ID CI~ ON TH~ 15TH DAY OF MARCH, A.D. lg76. RESOLUTION W~R~S, ~~ of~m~n ~ DallmL~re na~d Co-Sponsors of the Aubrey WHE~S, ha~ agreed that Dallas ~uld acqut~ 74% of the s~m~ ~ an~n~n ~uld mcqut~e 2~% of the storage spmce; ~nd WHER~S, ~nton h~s n~ottm~d a contract with the U. S. Co~ps of Engineers to acquire ~% of the storage s~cm~ and WHEREAS, ~n ~$ m pe~it =pplicatton pending before the Texas Water Right~ Co~ts$tom ~ t~und wmte~ in ~ Aub~ey Rese~ot~ ProJecl ~to~age $pmce and to divert mn~ u~e the =ale yield o¢ the 26% ~hare; ~nd WHEREAS, Omllm$ ha= a pe~tt ~ppltcmtton ~ndtng before the Texas Water Rights Co, lesion ~ t~u~ 74% of t~ water tn the Aub~ey Reservoir P~oJect a~ divert the same; a~ WHER~S, It app~rs that the Texa~ ~ter Rights C~tssion ~y place conditions on the pe~t~ to the City of Dall~m which will be unmcceptable to D~llas and resul~ tn their wl~d~mwtn~ f~ ~he p~oJect; and WHEREAS, tt is ext~ly t~n~ t~ the City of Denton that the Aubrey Re~e~oir Project ~ built, and built on $c~dule ~e~e~ the City of Dallas particip~tes o~ not; NOW, THER~F~E, ~ IT RE~LVED BY ~ CITY COUNCIL OF THE CITY OF DENTON, TE~S: March 1S, 1976 Continued That James W, White, City Manager of the City of Denton, Texas, be authorized to appear before the Texas Water Development Board to request that said Board become a financial participant in the Aubrey Reservoir P~oJect if the City of Dallas is unable or unwilling to acquire a permit to utilize the remaining 74%; and, in the event the Water Development Boapd be¢oitms a participant, then Jam~s W. White, as City Manager for the City of Denton is authorized to contract with the Texas Water Development Board for an option for the City of Denton to acquire an additional 30 ~D yield from the project subject to the approval of the City Council. P~SED AND APPROVED this 15th day of March, A. D. lg76. ~ D'.' JESI~R, JR., MAYOR CITY OF DENTON, TEXAS A1TEST: CITY OF DENTON, TE)C~S APPROVED AS TO LEGAL FORM: t~6L ~. ISHAN, CITY' ATrO~N£Y' CITY OF D£hTON, TEXAS Motion was made by King, seconded by Mitchell that the Resolution be passed. On roll call vote, Mitchell "aye", King "a~" and ~s~r "aye". Motion carried. Meeting adJourn~ at 6:25 p.m. M~YOR ASS'IST~F CITY 51:ORETR~Y ~" · ,. , .* Municipal Building Ma~ch 16, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 16, 1976, at'7=O0 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Jester, Mayor PaD Tee King, Council Members Mitchell and Stephens; Assistant City Manager, City Attorney and City Secretary. ABSENT: Council Member Hughes and City Manager. 1. Motion was made by King, seconded by Stephens that ~he minutes of the meetings of March 2, March 4, March 8 and March 15, 1976 be approved. Motion carried. 2, BIDS: (A) #8352 Distribution Trensfo~mers Motion was made by King, seconded by Stephens that the bid be awarded to the following as the lowest evaluated bids meeting specifications: Item 1 to Temple Inc. at $223.50 each Item 2 to Temple Inc. at $602.30 each Item 3 to Cun~ntns Supply at $7,360.~8 each Item 4 to Cummins Supply at $9,840.18 each Item 5 to Cummins Supply at $B,146.74 each Item 6 to Cummins Supply at $7,717.50 each ~tion carried. (B) #8357 Sale end Removal of Houses Motion was made by King, seconded by Mttchall that the bid be awarded to the high bidders as follows and to authorize the Staff to obtain the best possible bid in the interest of the City on a house at 80B Pacific Street: Item l, 716 Pacific Street to Robert Mills at $765.55 Item 4, 810 Pacific Street to Robert Mills at $1,B55.55 Item 3, 519 Carroll Blvdto H. D. Fletcher at $1,200.50 Motion carried. (C) #8360 Riding Type Lawn Mowers .. Motion was made by Mitchell, seconded by King that the bid be awarded to ColontfilJMoto)~, !ow bMder meeting specifications, in the amount of $2,136 each for & i~b%a~ef $10,680. Motton..ca.~rted. 3. REFERI~J.§: Motion was made by King, seconded by Stephens that the following four petitions be referred to the Planning and Zoning Con~ntssion for its reco~endattons: (A) Z-1269, the petition of Mr. Jack Bell, requesting that the zoning classification of a tract in the 200 block of Dallas Drive be changed from the Single Family (SF-7) to the Office (0) classification. This lot is located north of Dallas Drive and west of Cook Street. (B) Z-1270, the petition of Mr. Bob Crouch, requesting that the zoning classification of a 1/3 acre tract located on the northeast corner of Avenue C and Greenlee Street be changed from the Single Family (SF-7).to the Duplez (2F) classification. (C) Z-1271, the petition of Mr. Joe Fatima, rewuesttng that the zoning classification of two lots located at the north~st corner of Teasley and Londonderry Lane be changed from the Agricultural (A) to the Neighborhood Service (NS) classification. (D) S-126, the petition of the Texas Department of Public Safety requesting that they be granted a specific use permit for a public building located in the 800block of Loop 288. This property adjoins the north side of the Federal Defense Center. Motion carried. March 16, lg76 Continued 4. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEkrrON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF MARCH, A.D. 1976. R ESO LU ~..I ON WHEREAS, the City of Denton desires to sell $2,500,000 of General Obligation Bonds for Park and Street Improvement purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Notice of Sale and Official Statement with regard to the sale and issuance of $2,500,000 City of Denton General Obligation Bonds, Series 1976 {Parks and Street Improvmnt) are hereby approved, and First Southwest Con~gany is hereby authorized to mail said Notice and Statenmnt to p~spectfve bidders for receipt of bids by the City Council on April 6, 1976. PASSED AND APPROVED this the 16th day of March, A. D. 1976. ~ D. JESTER, ~R. CITY OF DENTON, TEXAS ATTEST: ~0, HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ~L C'. IS., CITY AI'FORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by King that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 5. The Council heard the Director of Community Development review construction plans for intersection improvements as follows: Project #l--Intersection revision~ at Carroll Blvd. ~d Henry Project ~2--Intersection ~evisions at Avenue A and Hickory Project ~3--Intersactton revisions at Elm Stoat and Eagle Dr. P~oJect ~4--Intersectlon revtstO~s at Oakland Ave. and Withers Motion was made by Stephens, seconded by Mitchell to authorize advertising for bids for the above named p~oJects. Motion carried. 6. The Council considered an o~dinance establishing e signal light at the tnteriection of Bell and Withers. The following O~dtnance was presented: ORDIrtANCE NO. 7~-B AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A TI~AFFXC CONTROL SIGNAL AT THE INTERSECTION OF BELL AVENUE AND WITHERS STREET~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be ~assed. On roll call vote Stephens "aye", Mitchell "aye", King "aye" and Jester aye". Motion carried. 7. Following a briefing by the Director of Community Development the following Ordinance was presented: Municipal Building March 15, 1976 Emergency Joint Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Monday, March 15, 1976 at 5 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Jester, Mayor Pro Tem King, Council Member Mitchell; City Manager, Assistant City Manager, City Attorney and Assistant City Secretary. Utilities Board: Harpool, Davis and Silvey. ABSENT: Cits Council: Council Members Hughes and Stephens. Utilities Board: Ramey and Munson. 1. The Mayor opened the meeting and immediately recessed into Executive Session to discuss possible Lone Star Gas litigation and litigation on Aubrey Reservoir with the City of Dallas. 2. The Council reconvened into public session at 6:20 p.m. The City Manager briefed the Council on the progress of the Aubrey Reservoir Project, explaining that it appeared the City of Dallas was either unable or unwilling to participate in the project at this time. The Manager further stated that the City of Denton was on the March 16, 1976 Agenda of the Texas Water Development Board. He requested that the Council consider approving a Resolution authorizing the City Manager to ask the Texas Water Development Board to assume Dallas' 74% of the Aubrey Project, provided that the City of Dallas fails to accept a permit from the Texas Water Rights Commission. The Resolution w.ould further authorize the Manager to contract with the Texas Water Development Board for an option for the City of Denton to acquire an additional 30 MGD yield from the Project, subject~to~.'the approval of the City Council. 3. The folTowing 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 15TH DAY OF MARCH, A.D. 1976. RESOLUTION WHEREAS, the Cities of Denton and Dallas were named Co-Sponsors of the Aubrey Reservoir Project by the Texas Water Rights Commission; and WHEREAS, Dallas and Denton had previously agreed that Dallas would acquire 74% of the storage space and Denton would acquire 26% of the storage space; and WHEREAS, Denton has negotiated a contract with the U. S. Corps of Engineers to acquire 26% of the storage space; and WHEREAS, Denton has a permit application pending before the Texas Water Rights Commission to impound water in the Aubrey Reservoir Project storage space and to divert and use the safe yield of the 26% share; and WHEREAS, Dallas has a permit application pending before the Texas Water Rights Commission to impound 74% of the water in the Aubrey Reservoir Project and divert the same; and WHEREAS, it appears that the Texas Water Rights Commission may place conditions on the permit to the City of Dallas which will be unacceptable to Dallas and result in their withdrawing from the project; and WHEREAS, it is extremely important to the City of Denton that the Aubrey Reservoir Project be built, and built on schedule whether the City of Dallas participates or not; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: March '16, 1976 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 16TH DAY OF MARCH, A.D. 1976. R E S 0 L U T I 0 N WHEREAS, the City of Denton desires to sell $2,500,000 of General Obligation Bonds for Park and Street Improvement purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Notice of Sale and Official Statement with regard to the sale and issuance of $2,500,000 City of Denton General Obligation Bonds, Series 1976 (Parks and Street Improvement) are hereby approved, and First Southwest Company is hereby authorized to mail said Notice and Statement to prospective bidders for receipt of bids by the City Council on April 6, 1976. PASSED AND APPROVED this the 16th day of March, A. D. 1976. /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. ISH~M, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by King that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 5. The Council heard the Director of Community Development review construction plans for intersection improvements as follows: Project #1--Intersection revisions at Carroll Blvd. and Henry Project #2--Intersection revisions at Avenue A and Hickory Project #3--Intersection revisions at Elm Street and Eagle Dr. Project #4--Intersection revisions at Oakland Ave. and Withers Motion was made by Stephens, seconded by Mitchell to authorize advertising for bids for the above named projects. Motion carried. 6. The Council considered an ordinance establishing a signal light at the intersection of Bell and Withers.. The following Ordinance was presented: ORDINANCE NO. 76-8 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF BELL AVENUE AND WITHERS STREET; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made By King, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 7. Following a briefing by' the Director of Community Development the following Ordinance was presented: March 16, 1976 Continued ORDINANCE NO. 76-9 AN ORDINANCE AMENDING SECTION 5.1 OF CHAPTER 5 "BUILDINGS" OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS BY CHANGING THE MANNER IN WHICH FIRE ZONES ARE ESTABLISHED; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 8. The Council considered an ordinance regulating fencing of salvage yards. Council Member Stephens inquired if Section 20-4 required fencing of the office of the salvage yard, adding that this item should be clarified. The following Ordinance was presented: ORDINANCE NO. 76-10 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING THERETO SECTIONS 20-2 THROUGH 20-10, REQUIRING ALL AUTOMOTIVE WRECKING AND SALVAGE YARDS IN THE CITY OF DENTON TO BE COMPLETELY SURROUNDED BY A SOLID FENCE; PRESCRIBING CERTAIN SPECIFICATIONS FOR THE CONSTRUCTION AND MAINTENANCE THEREOF; PROHIBITING CERTAIN SPECIFICATIONS FOR THE CONSTR~CT~ON AND MAINTENANCE THEREOF; PROHIBITING WORK, DISPLAY OR STO~AGE OUTSIDE OR A OV SUCH ENCLOSURE; PROVIDING A PENALTY; PROVIDING CERTAIN DEFINITIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATIVE TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by King, seconded by Mitchell that the Ordinance be passed with amendments to sections 20-3, 20-4 ~nd 20-5. On roll call vote Stephens "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. 9. The Council considered amending the Hotel/Motel Occupancy Tax Ordinance to exclude establishments with under a certain number of rooms. The City Attorney told the Council that the Chamber of Commerce had advised that there were four motels which were not intended to be included in the tax; they are Denton Truck Stop, Union 76 Truck Stop, Yucca Motel and Holiday Lodge. The City Attorney added that in eliminating small hotels/motels from the tax there might be a claim that the tax is levied in a discriminatory fashion. The Mayor requested the City Attorney to investigate the matter and to check with other cities for information. The Council concurred. 10. Dr. Harold Reed, Jr., President of The Chamber of Commerce, requested that an extension of term of the Lease Agreement with the City be increased from 25 years to 50 years. Dr. Reed added that the final cost of the new Chamber of Commerce Building was twice the estimated cost. Motion was made by Mitchell, seconded by King to grant a 25 year extension to the Lease Agreement with the Chamber of Commerce and to authomize the Mayor to sign the necessary legal documents. Motion carried. 11. The Council considered approval of permit fees for public and semi- public swimming pools. Motion was made by Stephens, seconded by King to approve the following fees as recommended by the City-County Health Department: Public Pools $20.00 Semi-public Pools $10.00 Motion carried. March 16, 1976 Continued 12. Motion was made by Stephens, seconded by Mitchell that the following purchase order in excess of $1,000 be approved for payment: George Implement Company (P. O. #27693) $1,232.78 Motion carried. 13. Motion was made by King, seconded by Mitchell to approve a Concession Agreement with the Denton Hi-Noon Lions Club and to authorize the Mayor to sign. Motion carried. 14. The Mayor announced that Mayor Pro Tem King was attending his last meeting of the City Council. The Mayor and Council Members lauded Mr. King for his outstanding contributions to the City. 15. The Council adjourned 'into Executive, Session at 8:25 p.m. 16. The Council reconvened into Public Session at 8:50 p.m. The Mayor reported thai; the Plaintiffs in the Mathes vs. Pargas and The City of Denton suit had offered to settle the case for a lump sum payment in the amount of $110,000.00. Motion was made by Mitchell, seconded by King to approve the payment in a lump sum of $110,000.00. Motion carried. Meeting adjourned at 8:55 p.m. MAYOR c~rY SECRETARY Municipal Building March 23, 1976 Joint meeting of the City Council and the Utilities Board of the City of Denton, Texas, Tuesday, March 23, 1976 at 5 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Jester, Mayor Pro Tem King, Council Members Hugh~s~St~ohens and Mitchell~ City Manager, Assistant City Manager, Water and Sewer Superintendent and Assistant City Secretary. Utilities Board: Chairman Harpool, Members Munson, Davis and Silvey. ABSENT: City Council: City Attorney Utilities Board: Member Ramey. 1. Bob Gooch of Freese & Nichols explained the long range water supply report prepared by his firm. He stated that additional water will be needed by the City of Denton by 1995, provided that Aubrey Reservoir is constructed and Denton receives a permit for 26% of the estimated safe yield of 8.4 MGD. He pointed out that the proposed Bois D' Arc Reservoir or Sulphur Bluff Reservoir should be considered the best possibility to obtain additional water. 2. Bob Nichols of Freese & Nichols presented the Sewerage System Improvement Facility Plan. He explained the area studied, the methods used in comparing, different treatment design possibilities and the locations of the various proposed sewers. He stated that a public hearing had been advertised for April 6 at 10 a.m. in Denton concerning the facility plan. Meeting adjourned at 6:40 p.m. NT CITY SECRET/~RY Municipal Building March 29, 1976 Joint meeting of the City Council of the City of Denton, Texas and the County Commissioners, Monday, March 29, 1976 at 12 noon in the Council Chambers of the Municipal Building. PRESENT: CitS Council: Mayor Jester, Mayor Pro Tem King, Council Members Hughes, Mitchell and Stephens, City Manager, City Attorney and City Secretary. CountS Commissioners: Judge Trammell, Commissioners Switzer, Elbert Salmon and Sparks. ' 1. The purpose of the meeting was to discuss a joint Ambulance Agreement between Flow Memorial Hospital and The Board of Trustees of Westgate Hospital. 2. Dr. Charles H. Saunders, Chairman of The Board of Directors of Flow Hospital, gave highlights of the joint Ambulance Agreement and requested that it be approved by the City Council and the County Commissioners. (Agreement filed in packet #4760 in the official City files in the City Secretary's Office.) 3. Wallace Duvall, Director of Flow Hospital, gave a Summary Analysis of Capital Costs and Operating Costs for joint hospital ambulance service, stating that there would be a monthly operating cost of $23,812.08. (Copy of the Analysis filed in packet #4760 in the official City files in the City Secretary's Office.) 4. Dr. Ewell Burkhalter, Chairman of The Board of Trustees of Westgate Hospital and Medical Center, requested that the City of Denton and the County of Denton pass a resolution endorsing the joint ambulance service. Mr. Duvall stated that the two hospital boards had signed a joint resolution. (The resolution 'is filed in packet #4760 in the official City files in the City Secretary's Office.) 5. The City Attorney stated that Flow Hospital Board is here to ask for an increase of its budget, not to pass an ordinance, that Flows' participation is contingent on funds being made available. 6. County Judge Trammell stated that the Commission would like to be able to fund the service now, but that they needed to consider the matter further after reviewing their current budget. 7. Motion was made by Hughes, seconded by Mitchell that the Council endorse the concept of the joint ambulance operation and instruct the City Manager to check with County Officials, review the City budget and report his findings to the Council on April 6 and to direct the City Attorney to prepare any necessary legal documents. Motion carried. Meeting adjourned at 1:05 p.m. MAYOR~~ Municipal Building March 30, 1976 Joint meeting of the City Council and the Parks and Recreation Board of the City of Denton, Texas, Tuesday, March 30, 1976 at 5:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Jester, Mayor Pro Tem King, Council Members Stephens and Hughes; City Manager, Assistant City Manager. Parks and Recreation Board: Cheek, Douthitt and Reed. ABSENT: CitS Council: Council Member Mitchell. Parks and Recreation Board: Logan and Wright. 1. Dick Huck, Director of Parks and Recreation, made a presentation to the Parks Board and the City Council concerning a joint effort of the schools and the Parks and Recreation Department in recreational activities. He discussed the possibility of entering into a contract with the schools, and various technical aspects. After a short question and answer session, motion was made by Stephens, seconded by King to direct the Staff to pursue the joint effort of the schools and the City Parks and Recreation Department. Motion carried. Meeting adjourned at 6:15 p.m. MAYOR Municipal Building April 5, 1976 Special meeting of the City Council of the City of Denton, Texas, Monday, April 5, 1976 at 12 noon 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. 1. After the Mayor read the results of the City Council election held on April 3, 1976 and the Council canvassed same, the following Ordinance was presented: ORDINANCE NO. 76-11 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 3, 1976, TO ELECT TWO CITY COUNCILPERSONS. 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, 1976, 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 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: Ben Ivey, Jr. 3,134 Bill Nash 2,915 Bill Brady 2,481 Clayton E. Bockbrader 1,947 Gene White 1,022 Richard O. Stewart 1,004 W. M. Jamerson, Jr. 966 Pat Cheek 24 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that BEN IVEY, JR. and BILL NASH 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 5th day of April, A. D. 1976. /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 Hughes, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Hughes "aye", King "aye" and Jester "aye". Motion carried. April 5, 1976 Continued 2. After the Mayor read the results of the Charter Amendment election held on April 3, 1976 and the Council canvassed same, the following Ordinance was presented: NO. 76-12 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 3, 1976, TO DECIDE THE ADOPTION OR REJECTION OF CERTAIN PROPOSED AMEND- MENTS TO THE CITY CHARTER. 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, 1976, for the purpose of deciding certain amendments to the City Charter referred by the Council, and placed on the ballot as indicated below, and set out in full on said ballot; that proper notice of said election was duly given; that proper elec- tion officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said elec- tion 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 the following Propositions there being no other Proposition receiving any votes on this ballot: AMENDMENT NO. ONE SECTION 2.01 - THE COUNCIL, NUMBER, SELECTION, & TERM The Council shall have five members elected by the qualified voters of the entire city, but each councilperson shall be elected to and occupy a place on the council, such places being Numbered One, Two, Three, Four and Five. The places of the Councilperson shall be designated on the official ballot as Councilperson Places One, Two, Three, Four, and Five. The members of the Council shall be elected in the manner prescribed in Article 3, for a term of two years and until their respective successors have been elected and qualified. (b) Three Councilpersons shall be elected on the first Saturday in April, 1977. At this election the candidate who receives the majority of the votes cast for each place shall be declared elected to that place. The places to be filled shall be Places One, Two and Three. The two carry-over members shall fill Places Four and Five and shall serve the balance of their term until their successors are elected and qualified. Thereafter, three Councilpersons shall be elected in each odd-numbered year for Places One, Two and Three and two Councilpersons shall be elected in even-numbered year to Places Four and Five. SECTION 3.04 - CANVASS: ELECTION RETURNS, RESULTS (a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the City Secretary. On the next 91uesday following the election, the City Council sh~ll canvass th~. returns and declare the results. The re- turns of every municipal election shall be recorded in the min- utes of the Council. (b) The candidates receiving the majority of the votes cast for each place shall be declared elected. If no candidate receives a majority, or if there is a tie for any one place, the Council shall order a second election to be held on the fourteenth day after the first election to fill 'that place. Only the names of the can- didates who tie for the highest number of votes cast for that place, or the two candidates who receive the highest number of votes Qith neither having a majority of votes cast for that place, shall be printed on the ballot for each election. In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five days of the second election. FOR THE ADOPTION OF AMENDMENT NO. ONE 4,588 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. ONE 1,477 VOTES AMENDMENT NO. TWO SECTION 2.04 - VACANCIES IN COUNCIL Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a run-off election, in the same manner as provided in this Charter for the regular election of the Councilperson. Such special election shall be held on a Saturday within sixty days following the creation of the vacancy, and the run-off elec- tion, where necessary, shall be held on the fourteenth day after the preceding election; provided, however, that where a vacancy shall occur within one hundred and twenty days of a regular elec- tion, no special election to fill the vacancy shall be called, unless more than one vacancy occurs. FOR THE ADOPTION OF AMENDMENT NO. TWO 4,875 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. TWO 1,089 VOTES AMENDMENT NO THREE SECTION 2.06 - QUORUM VOTING (a) Any three members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of three members of the Council shall be necessary to repeal any ordinance or to take any official action in the name of the city, except that a four-fifths vote of the total membership shall be required to over- ride a decision of the Planning and Zoning Commission and except as otherwise provided in this Charter or by the general laws of the State of Texas. FOR THE ADOPTION OF AMENDMENT NO. THREE 3,603 VOTES AGAINST THE ADOPTION OF ~NDMENT NO. THREE 2,269 VOTES AMENDMENT NO. FOUR SECTION 2.08 - POWERS OF THE COUNCIL (c) TO approve members of all Boards, Commissions, and Com- mittees serving the City. FOR THE ADOPTION OF AMENDMENT NO. FOUR 4,146 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. FOUR .1,535 VOTES AMENDMENT NO. FIVE SECTION 7.10 - PURCHASE PROCEDURE (b) The City Manager shall have authority to authorize expen- ditures without approval of the City Council for all budgeted items not exceeding three thousand dollars ($3,000.00). All contracts or purchases involving the expenditure of more than three thousand dollars ($3,000.00) shall be expressly approved in advance by the City Council and shall be let to the lowest and best bid by a res- ponsible bidder after there has been an opportunity for competitive bidding, provided that City council shall have the right to reject any and all bids. FOR THE ADOPTION OF AMENDMENT NO. FIVE 2,972 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. FIVE 2,815 VOTES Ai~ENDMENT NO. SIX SECTION 8.03 - PREPARATION AND SUBMISSION OF BUDGET At least sixty days before the end of each fiscal year, the City Manager shall submit to the Council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the fiscal year, and the budget shall be prepared on the basis of policy priorities defined by the Council for the City Manager at least one hundred twenty days before the end of the fiscal year. FOR THE ADOPTION OF AMENDMENT NO. SIX 3,998 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. SIX 766 VOTES AMENDMENT NO. SEVEN SECTION 10.02 - PLANNING AND ZONING COMMISSION (a) There shall be a Planning and Zoning Commission which shall consist of seven real property taxpayers, who during their respective terms of office and for at least one year prior to beginning thereof, shall be residents of the City of Denton. They shall be appointed by the Council for a term of two years, provided four members shall be appointed each odd-numbered year and three members each even-numbered year. The City Manager, Mayor, and Director of Community Development shall serve as ex-officio members of the Commission, but shall have no vote. (b) None of the appointed members shall hold any other public office or position in the City while serving on the Planning and Zoning Commission. The Planning and Zoning Commission shall elect its Chairman from among its members. Seven members shall serve with- out pay and shall adopt such rules and regulations as they deem best governing their actions, proceedings, diliberations, and times and places of meetings. FOR THE ADOPTION OF AMENDMENT NO. SEVEN 4,079 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. SEVEN --1,018 VOTES A]~ENDMENT NO. EIGHT SECTION 12.07 - THE PUBLIC UTILITIES BOARD (a) There is hereby created a Public Utilities Board to be composed of five members, appointed by the Council for four year terms and until their respective successors have been appointed and qualified; provided that the members of the first board appointed under this provision shall at their organizational meeting draw for terms as follows: one shall draw a one year term, one a two year term, one a three year term, and two shall draw four year terms, and at the expiration of each of the terms so provided for, a member successor shall be appointed for a term of four years. Members of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been [[iven a reasonable opportunity to defend himself in an open public hearing before the Council. Vacancies shall be filled for any unexpired term in the same manner as Dro- vided for regular appointments. FOR THE ADOPTION OF AMENDMENT NO. EIGHT 4,873 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. EIGHT .... 1,259 VOTES A~[ENDMENT NO. NINE SECTION 3.01 - MUNICIPAL ELECTIONS (a) The regular election for the choice of members of the City Council as provided in Article 2 shall be held each year on the first Saturday in April.. The Council may by resolution order special elections which shall be held as nearly as practicable according to the provisions for a regular election. The hours and places for holding all city elections shall be determined by the City Council. FOR THE ADOPTION OF AMENDMENT NO. NINE 4,150 VOTES AGAINST THE ADOPTION OF AMENDMENT NO. NINE 902 VOTES TOTAL NUMBER OF VOTES POLLED 7,255 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that the majority of the votes cast were FOR the adoption of Amendments One, Two, Three, Four, Five, Six, Seven, Eight & Nine and that the said Amendments referred by the Council are hereby adopted; and that the majority of the votes case were AGAINST the adoption of Amendments, None , and that the said Amendments referred by the Council are not defeated. SECTION IV. The City Council officially orders that Amendments One, Two, Three, Four, Five, Six, Seven, Eight and Nine to the City Charter of the City of Denton, Texas are hereby adopted and will become effective 14 days after the passage of this ordinance. PASSED and APPROVED this the 5th day of April, A. D. 1976. TOM D. JESTER, JR., 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 Stephens, seconded by Mitchell that the Ordinance be passed effective April 19, 1976. On roll call vote Hughes "aye", Mitchell "aye", Stephens "aye", King "aye" and Jester "aye". Motion carried. 3. 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 5TH DAY OF APRIL, A.D. 1976. THE STATE OF TEXAS ~ IN APPRECIATION OF COUNCILMAN COUNTY OF DENTON ~ CITY OF DENTON ~ TERRELL W. KING III 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 Terrell W. King III for his valuable public service as a member of the City Council from September, 1974 until April, 1976 having served as Mayor Pro-tem from April 1975 until April, 1976; and WHEREAS, Terrell W. King III was appointed to the Council to fulfill an unexpired term and, has unselfishly contributed his time and effort in an outstanding and exemplary manner, and 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 fellow citizens; 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 Terrell King III. PASSED AND APPROVED this the 5th day of April, A. D. 1976. /s/ TOM D. JESTER, JR., MAYOR CITY OF DENTON, TEXAS April 5, 1976 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 Mitchell, seconded by Hughes that the Resolution be passed. On roll call vote Stephens "aye", Hughes "aye", Mitchell "aye", King "aye" and Jester "aye". Motion carried. An engraved plaque was presented to Mr. King by the Mayor in behalf of the Council. Meeting adjourned at 12:25 p.m. April 6, 1976 Continued 8. Mike LeDoux requested permission to land a helicopter within the City limits for the purpose of carrying paying passengers. He stated that he hoped that the Fair Grounds could be obtained for April 18-25. The City Attorney stated that the City Charter designates the Chief of Police as the person to designate the landing area. Motion was made by Mitchell, seconded by Hughes to advise the Police Chief to handle the request. Motion carried. 9. The Council considered a contract between the City of Denton and the Denton Independent School District regarding reevaluation of taxable property. Following a briefing by the City Attorney, motion was made by Hughes, seconded by Stephens that the contract be approved and the Mayor be authorized to sign same. Motion carried. 10. The Mayor read a proclamation thanking and commending Ray Roberts for his work in behalf of the City of Denton, especially regarding the Aubrey Reservoir project. 11 The Director of Community Development requested that applications for . assessment paving be closed for project #7. Motion was made by Stephens, seconded by Hughes to close applications for paving as of May 1, 1976. Motion carried. 12. Motion was made by Mitchell, seconded by Hughes that the following voucher in excess of $1,000 be approved for payment: U. S. Post Office $2,000.00 Motion carried. 13. The City Manager briefed the Council relative to funding of the proposed joint ambulance service. The Manager advised that the only way to fund would be from revenue sharing, which has already been committed. He stated that the City had tried to maintain a balance because these were Federal funds. He stated that the County Commission had passed a resolution supporting the concept of the joint services, but did not approve any funding. He stated that the Commissioners mentioned that this is a County wide service and that the City should not pay a full 50%, that other County Towns should participate, along with the County and the City. He added that a joint meeting should be held to determine a fair distribution of cost. Council Member Mitchell presented a petition containing 37 names requesting that a committee of physicians from both hospitals study the current Emergency Services Plan of Flow Hospital and evaluate the feasibility of such plan. Council Member Hughes stated that the Council had approved the concept, but this was meaningless if funds ~re not provided. She requested another joint meeting and to invite physicians. She requested the City Manager to arrange the meeting. 14. The following Ordinance was presented: ORDINANCE NO. 76-14 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 2, SECTION 211 OF THE CITY OF DENTON PLUMBING CODE; 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" and Jester "aye". Motion carried. 15. Retiring Mayor, Tom D. Jester, Jr., stated that he was much impressed with the dedication of Municipal employees and the City Manager, and that he was leaving with mixed emotions, adding that he wanted Aubrey Reservoir approved before his term expired. He wished the new Council good luck. April 6, 1976 Continued 16. Ben Ivey, Jr. and Bill Nash, new Council Members, took the Oath of Office from the City Secretary. 17. The City Secretary took the chair and opened nominations for Mayor. Mitchell nominated Elinor Hughes and Nash nominated Ben Ivey, Jr.. Elinor Hughes was elected Mayor. Nominations were opened for Mayor Pro Tem. Hughes nominated Ben Ivey, Jr., Nash nominated Ray Stephens. Ben Ivey, Jr. was elected Mayor Pro Tem. 18. The City Secretary relinquished the chair to the new Mayor who presented an engraved plaque to Mr. Jester in behalf of the Council. Mr. Jester was given a standing ovation by the large crowd present: 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 6TH DAY OF APRIL, A.D. 1976. THE STATE OF TEXAS I COUNTY OF DENTON ~ RESOLUTION IN APPRECIATION OF CITY OF DENTON ~ TOM D. JESTER, JR. WHEREAS, the Council of the City of Denton is losing one of its most valued members, Tom D. Jester, Jr., who was elected thereto in April of 1972, having chosen not to seek re-election in order to devote more time to his professional practice of law; and WHEREAS, Tom D. Jester, 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 admiration of his subordinates and fellow Councilpersons; and WHEREAS, Tom D. Jester, Jr., has been very active as a member of this Council, which elected him Mayor Pro-Tem in April, 1973 serving in that capacity until his election as Mayor in April, 1975, which office continued until the end of his last term, which indicates the esteem this Council holds for him; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Mayor Tom D. Jester, Jr., for the many years he has been with the City, and seek his future services and continued support which we know will. be forthcoming; THEREfORe, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation of Tom D. Jester, Jr., 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, Texa's, 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 Tom D. Jester, Jr., for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED this the 6th day of April, A. D. 1976. /s/ ~ MAYOR CITY OF DENTON, TEXAS April 6, 1976 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRE?ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Stephens that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 19. The Council adjourned into Executive Session at 9:15 p.m. 20. The Council reconvened into Public Session to announce that no official action was to be taken. Meeting adjourned at 10:30 p.m. Municipal Building April 14, 1976 Joint Study Session between the City Council and the Planning and Zoning Commission of the City of Denton, Wednesday, April 14, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, M~tchell ~nd Stephens, City Manager, City Attorney and City Secretary. Plannin~ and Zoning Commission: Manning, McNatt, Hill, Powell and 'Allen. 1. Various options regulating the sale and consumption of beer and wine in the Denton city limits were discussed. (A) Sale for off-site consumption. (B) Sale for on-site consumption. 2. After reviewing the zoning categories for both off-site and on-site sale, with input from the Council and Planning and Zoning Commission Members, the following were discussed: (A) Specific Use Permits (B) Signs (C) Possible problems (D) Grandfather Clause (E) Conditions, restrictions, rules, regulations ~) C~en~ra~ed a~B~ or strips ~) Pool Ta~ (H)'-~ance Halls II) Protection of residential areas J) Public Hearing with Ordinance not to be acted on until after public hearing (K) Zoning for wholesalers 3. The general consensus was to approve General Retail and less restrictive zones with conditions for on premises sale and General Retail and less restrictive zones, including two convenience stores in Neighborhood Service under a Grandfather Clause, for off premises sale. Meeting adjourned at lO:12 p.m. MAYO~, SECRETARY Municipal Building April 20, 1976 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, April 20, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Mitchell, seconded by Ivey that the minutes of the meeting of April 6 and April 14, 1976 be approved. Motion carried. 2. BIDS: (A) #8361 Truck and Aerial Body There was a discussion relative to the condition of the present truck, and Council Member Nash inquired as to whether the old truck can be utilized for this purpose if properly repaired. Motion was made by Nash, seconded by Stephens to table action on the matter until the next regular meeting for additional information on the present truck. Motion carried. 3. The Mayor read a proclamation proclaiming American Business Women's Association Scholarship Month. The proclamation was accepted by Mrs. Hattie Wright. 4. Motion was made by Ivey, seconded by Mitchell that the following five petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1272, the petition of Mr. Frank N. Hall , requesting that the zoning classification of 1815 Bolivar Street be changed from the Single Family (SF-7) to the General Retail (GR) classification. (B) Z-1273, the petition of Mr. Hoyt Cole and Mr. Dale Irwin, requesting that the zoning classification of a lot at 1515 and 1521 Anna Street be changed from the Single Family (SF~7) to the Multi-Family (MF-1) classification. (C) Z-1274 , the petition of Mrs. Koleta Hunt, requesting that the zoning classification of 1619 Underwood Street be changed from the Single Family (SF-7) to the General Retail (GR) classification. (D) S-127, the petition of Mr. L. L. McAninch, requesting that he be granted a specific use permit to operate a restaurant on a tract in the 2000 block of Teasley Lane. City tax records designate this property as Block No. 285, Lot No. 7. (E) S-128, the petition of Mr. Bahram Moazzami, requesting that he be granted a specific use permit to operate a licensed private club on a tract in the 2000 block of Teasley Lane. City tax records designate this property as Block No. 285, Lot No. 7. Motion carried. 5. PUBLIC HEARING: (A) A public hearing was held to consider the addition of Avenue F between Stella and the NTSU Maintenance yard to Paving Assessment Project #7. The Director of Community Development reported that 3 of 7 owners approved the project and that the 3 in favor own 68% of the frontage. After hearing 1 proponent but no opposition, motion was made by Stephens, seconded by Mitchell that Avenue F between Stella and the NTSU Maintenance yard be approved. Motion carried. April 20, 1976 Continued 6. The Council considered acceptance of paving petitions for portions of Daugherty and Johnson Streets (Daugherty from the railroad tracks to Johnson Street and Johnson Street from Daugherty to Smith Street) to determine if a public hearing should be scheduled. The Director of Community Development advised that there were problems with drainage at the Daugherty and Johnson Street intersection, that the cost of a_ storm sewer system would be considerable. Motion was made by Mitchell, seconded by Nash to table action until the next regular meeting and that the Staff present more engineering information on the drainage problem. Motion carried. 7. The Council considered the recommendation of the Citizens Traffic Safety Support Commission that a left turn by north bound traffic from Bell to Sherman be prohibited. Motion was made by Nash, seconded by Ivey that the recommendation of the Citizens Traffic Safety Support Commission be approved and to instruct the City Attorney to prepare the necessary ordinance. Motion carried. 8. George Schneider, Chairman of the Research and Economic Development Board~expressed interest of the Board relative to the "freeport exemption". He stated that his purpose in being before the Council is to solicit the cooperation and understanding of the Council in the Board's advertising efforts. He added that 80% of the returned citizen questionaires indicated respondents supported additional job opportunities in Denton through industrial development. 9. The Mayor read a proclamation declaring April 28th as Denton Night at the Texas Ranger Ball Game with the New York Yankees at Arlington Stadium. 10. The Council considered the petition of Mr. Miller Davidge, requesting that the City quit claim an alley that is located between Block No. 4, Lot 1 and Block No. 3, Lot 2 in the William Neil Survey A-971. This property is located at the northeast corner of Carroll Boulevard and Mulberry Street. The City Attorney briefed the Council and recommended approval. Motion was made by Mitchell, seconded by Ivey that a quit claim be approved to include an easement on the east side of the tract to be granted to the City for electric service and authorize the Mayor to sign provided this did not increase costs to the County. Motion carried. 11. The following Ordinances were presented: (A) ORDINANCE NO. 76-15 (Jack Bell) 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 AND 26, CITY BLOCK NO. 231, 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 Stephens that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. (B) ORDINANCE NO. 76-16 (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 LOT NO. 3 AND THE SOUTHWEST PART OF LOT 1F, CITY BLOCK NO. 4071, 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 Ivey, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. ,55 April 20, 1976 Continued (C) ORDINANCE NO. 76-17 AN ORDINANCE REMOVING PARKING ON THE SOUTH SIDE OF SCHMITZ STREET BETWEEN VINE STREET AND FRAME STREET AND THE WEST SIDE OF VINE STREET BETWEEN SCHMITZ STREET AND TEXAS STREET; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. (D) ORDINANCE NO. 76-18 AN ORDINANCE ESTABLISHING TWO HOUR PARKING IN ALL MUNICIPAL BUILDING PARKING LOTS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. (E) ORDINANCE NO. 76-19~ AN ORDINANCE ~F'THE' CItY OF DENTON, TEXAS, REPEALING CHAPTER 16 "PEST CONTROL" IN ITS ENTIRETY AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Nash that the Ordinance "a e" "aye" "aye" be passed. On roll call vote Mitchell ~y , Nash , Stephens , Ivey "aye" and Hughes "aye". Motion carried. 12. The Council considered a contract between the City of Denton and Professional Appraisal Company regarding the evaluation of taxable property located in the City limits but out of the school district. Motion was made by Stephens, seconded by Ivey that the contract be approved. Motion carried 4 to 1. 13. The Council considered the appointment of a voting representative on the General Assembly of the North Central Texas Council of Governments. Motion was made by Stephens, seconded by Ivey that Mayor Hughes be appointed voting representative on the General Assembly of the North Central Texas Council of Governments. Motion carried. 14. Motion was made by Stephens, seconded by Mitchell that the supplemental Tax Roll for March, 1976 be approved. Motinn carried. 15. Motion was made by Stephens, seconded by Mitchell that the Tax Adjustment Report for the month of March, 1976 in the amount of $4,960.96 be approved. Motio~ carried. 16. Motion was made by Stephens, seconded by Mitchell that the following citizens be named to the Tax Equalization Board: George Bertine Robert Speake Raymond Pitts Motion carried. 17. The City Manager briefed the Council on the parks improvement program, stating that Federal Grant Funds would be available by July 1, and asked for a joint meeting with the Parks Board so that the Council could advise the Staff of their desires, and asked that the meeting date with the Parks Board be set. April 20, 1976 Continued 18. The Council considered the request of the Boy Scouts to take the old ladder truck to the Boy Scout Jamboree. The City Manager advised that the Scouts had arranged for a liability policy for the trip there and back. Motion was made by Mitchell, seconded by Stephens that the request be approved. Motion carried. 19. The Council adjourned into Executive Session at 9:05 p.m. 20. The Council reconvened into Public Session at 9:25 p.m. to announce that no action was to be taken. Meeting adjourned at 9:30 p.m. Municipal Building April 27, 1976 Public Hearing by the City Council and the Planning and Zoning Commission of the City of Denton, Texas, Tuesday, April 27, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens ~n~ Mitchell; City Manager, City Attorney and City Secretary. Planning and Zoning Commission: Chairman Manning, Chairman Pro Tem Hill and Members powell,'McNatt and Allen. 1. Mayor Hughes briefed the audience on the purpose of the public hearing and requested the City Attorney to review sample ordinances relative to sale of beer and/or wine in Denton. 2. The City Attorney reviewed sample ordinances relative to on premise and off premise sale of beer and/or wine in Denton. A. Questions and suggestions by Planning and Zoning Commission and City Council. (1) Exclude dance halls, bowling alleys and recreation centers operating gaming tables and machines in on-premise (2) Distance of restaurants and taverns from residential dwelling unit should be the same. 3. Mayor Hughes opened a public hearing with the following questions and suggestions presented: A. Taverns should have more windows--no little shacks--No permits be issued unless food served. B. Concern about open patios. C. What if beer sales exceed 30% of food sales in restaurants? D. Is a University considered a public school? E. Can City regulate sale of beer and/or wine at a University? F. Why can't each permit of private clubs be reviewed? G. What about outdoor advertising for taverns and restaurants selling beer and/or wine? H. Questioned legality of mandatory regulations by City. ~. P~rk~ng~ req~eme]nt$. Mayor Hu~'hes closed the public hearing. 4. Motion was made by Manning, seconded by Allen that in the on-premise ordinance restaurants and taverns have identical requirements for distance from residential units, a distance of 100 feet, and that NTSU and TWU be excluded from the 300 feet distance from public schools in the on-premise ordinance and to include on or off premise sale of beer and/or wine in a University district by specific use permit. Motion carried. 5. Manning suggested restaurants not have any sign indicating sale of beer and/or wine except on menu. Motion was made by Ivey, seconded by Stephens to accept motion approved by the Planning and Zoning Commission and to direct the City Attorney to prepare appropriate ordinances for action by the Council on May 4, 1976. Motion carried. Meeting adjourned at 9:15 p.m. ~TY SECRETARY ' May 4, 1976 Continued (D) A public hearing was held on Z-1271,.the petition of Joe Farina, requesting that the zoning classification of two lots located on the northwest corner of Teasley and Londonderry Lane be changed from the Agricultural (A) to the Neighborhood Service (NS) classification. This property is approximately 1/3 acre in area. One spoke in favor and none in opposition. The Director of Community Development briefed the Council and stated _ that the Planning and Zoning Commission recommended approval. Motion was made by Stephens, seconded by Nash that the petition be approved. Motion carried. (E) A public hearing was held to consider a request for parking restrictions on the south side of Cordell Street east of Fulton Street. No one was present to speak for or against the petition. The Director of Community Development stated that the Citizens Traffic Safety Support Commission recommended the change. Motion was made by Nash, seconded by Stephens that parking be restricted on the south side of Cordell Street and east of Fulton for a distance of 1/2 block to be effective from 8 a.m. to 4 p.m. on school days. Motion carried. 4. Jim Carter, Executive Director of the local Housing Authority, appeared relative to activities of the Authority. He named the many organizations that had assisted the Authority and stated that 104 persons were receiving rent supplement, many being elderly, black and brown. He pointed out the serious problems that were evident and needed correction at Dreamland Apartments. The Mayor congratulated Mr. Carter for the excellent work that he and his staff had done and the progress that had been made. 5. The Council considered submitting a grant application to the Federal Aviation Association for Denton Municipal Airport improvements. The City Manager briefed the Council and stated that making an application does not bind the Council to accept same. Motion was made by Nash, seconded by Ivey that the City apply for the grant from the Federal Aviation Association for improvements at Denton Municipal Airport. Motion carried. 6. George Hopkins requested that the City Council permit the County to pave Hobson Lane from Montecito to the Old Fort Worth Highway. He stated that it would not be feasible to pave with curb and gutter, adding that he believed that the drainage was adequate, proposing to pave as temporary so that a precedent would not be set by the City. He stated that no funds would be asked from the City for this paving work. The City Manager stated that the City could have problems with the proposed type of street, such as flooding of houses, but that Hobson Lane did not have many homes abutting it, and that if the request was approved it should be an exception to the City policy, not a change. He added that there is some merit to the City approving the improvement as a rural type street, not a City type. Council Member Nash asked who was responsible for maintenance and would the City save money by approving the request. Assistant City Manager, Jack Owen, stated that if the street falls apart the City would not save money. Motion was made by Nash, seconded by Stephens to permit the County to pave the road as requested with no cost to the City and to request the Director of Community Development to look at the project to see if paving would hold up. Motion carried. G1 May 4, 1976 Continued 7. The following Ordinance was presented: ORDINANCE NO. 76-20 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS, BY PERMITTING THE OFF-PREMISE SALE OF BEER AND WINE IN CERTAIN ZONING DISTRICTS TO THOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S OFF-PREMISE PERMIT"; PERMITTING THE EXISTENCE OF DISTRIBUTORS OF WINE AND/OR BEER IN CERTAIN ZONING DISTRICTS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ivey, seconded by Nash that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye" Motion carried. ' 8. The following Ordinance was presented: ORDINANCE NO. 76-21 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING THE ON-PREMISE SALE OF BEER AND/OR WINE IN CERTAIN ZONING DISTRICTS TO THOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S ON-PREMISE PERMIT"; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash that the Ordinance be disapproved. The motion died for lack of a second. Motion was made by Stephens to amend the distances from residences from 100 feet to 300 feet in paragraph E under Section I-7B-E. The motion died for lack of a second. Motion was made by Ivey, seconded by Hughes that the Ordinamce be passed as presented by the City Attorney. On roll call vote Nash "nay", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried 3 to 1. 9. The Council considered adoption of a loading zone ordinance as recommended by the Citizens Traffic Safety Support Commission. The Director of Community Development stated that it was not urgent that the Ordinance be passed at this meeting. The Council concurred to postpone action. 10. The Director of Community Development gave an engineering report oh the possibility of paving certain streets under Paving Assessment Project #7. Nash voiced concern because of minority number of owners in favor of the assessments. The Mayor asked Mr. Jones if the number of paving petitions will exceed the amount of assessment money available. Mr. Jones replied that if owners were in favor on Smith, Johnson and Daugherty Streets the work could be done, along with other streets, with money available. Motion was made by Nash, seconded by Stephens to disapprove paving of Smith, Johnson and Daugherty Streets. In the discussion that followed Stephens withdrew his second to the motion, stating that it would be best not to close the door completely. Motion was then made by Stephens, seconded by Hughes to postpone action until the next regular Council meeting. Motion carried. May 4, '1976 Continued ll. The following Ordinance was presented: ORDINANCE NO. 76-22 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Ivey '~aye" and Hughes %ye". Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 76-23 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING A LEFT TURN FOR NORTHBOUND TRAFFIC ON BELL AVENUE AT ITS INTERSECTION WITH SHERMAN DRIVE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 13. BIDS: (A) #8359 Traffic Signs & Poles Motion was made by Nash, seconded by Hughes that the bid be rejected and to go to flashing lights and 20 mile an hour signs and to request the Staff to obtain prices on other possible signs. Motion carried. (B) #8362 Water & Sewer and Warehouse Supplies The bid was reviewed by the City Manager. Motion was made by Nash, seconded by Stephens that the bid be awarded as follows: Section A: Clay 'File Pipe--to low bidder meeting specifications of Can-Tex Industries. Section B: Brass Fittings--to low bidder meeting specifications of Trans-Tex Supply. They are the lowest overall bid, plus they offer a 2% cash discount. Section C: Curb Stop Ball Valves--to lowest bidder meeting specifi- cations of Trans-Tex Supply. They are the lowest bidder and offer a 2% cash discount. Section D: Full Circle Pipe Repair Clamps--to the lowest bidder meeting specifications of R. H. Baker. Section E: Full Circle Tapped Clamps--to the lowest bidder meeting specifications, R. H. Baker. Section F: Pipe Repair Clamps--to the lowest bidder meeting specifications, R. H. Baker. Section G: Compression Couplings--to the lowest bidder meeting specifications, R. H. Baker. Section H: Meter Couplings--to the evaluated lowest bidder meeting specifications, Trans-Tex Supply, FOB Denton, Texas. Bowles & Eden has offered a lesser price. However, they quoted FOB Texarkana, Texas. Section I: Ductile Iron Pipe--to the lowest bidder meeting specifications, United States Pipe & Foundry. May 4, 1976 Continued Section J: Cast Iron Pipe--to the lowest bidder meeting specifi- cations, Lone Star Steel Co. Section K: Fire Hydrants--to the evaluated lowest and best bid meeting specifications, Trans-Tex Supply, bidding a Mueller hydrant. Section L: Gate Valves--to the lowest bidder meeting specifi- cations, Trans-Tex Supply, bidding a Mueller valve. Section M: Tapping Valves--to the lowest bidder meeting specifi- cations, Trans-Tex Supply, bidding a Mueller valve. Section N: Tapping Tees--to the lowest bidder meeting specifi- cations, ~rans-Tex Supply, bidding a Mueller tee. Section O: Tapping Saddles--to the overall low bidder, Bowles & Eden. Section P: Manhole Rings & Lids--to the low bidder meeting specifi- cations, Decker Foundry. Section Q: Bronze Gate Valves--to the lowest bidder meeting specifications, Bowles & Eden. Section R: Valve Boxes, Lids, Extensions and bases--to the lowest bidder meeting specifications, Industrial International. Section S: Meter Boxes, Lids, and Keys--to the lowest bidder meeting specifications, Industrial International. Section T: Adapters--to the lowest bidder meeting specifications, W. S. Dickey. Motion carried. (C) #8363 Attack and Rescue Pumper Truck Moti~ v~a~ ma~e b.~S~6ph~ns, seconded by hash that the bid be awarded to Fire Appli~Hce of Texas at a price of $26,498.13 per unit on a 180 calendar day delivery schedule and a deduction of $250 per unit if the City of Denton picks up and drives the units to Denton. Motion carried. (D) #8364 General Construction Fuel Oil storage Tank Motion was made by Ivey, seconded by Hughes that the bid be awarded to the low bidder, Power Builders, Inc. in the amount of $140,000. Motion carried with 3 voting "aye" and Stephens abstaining. (E) #8367 Fencing and Backstops Motion was made by hash, seconded by Stephens that the bid be awarded as follows: Item 1 - 6 Backstops & Fencing at $1,650 each for a total of $9,900 tO Denton Fence. Item 2 - 2 Portable type backstops only at $1,305 each for a total of $2,610 to Vaughn & Associates. The total of this bid is $12,510. Motion carried. (F) #8368 Steel Bleachers for Parks Motion was made by Stephens, seconded by Ivey that the bid be awarded to the low bidder meeting specifications. Mr. Jim Lea with Miracle Recreation Equipment Company, for a total of $7,186 for 18 bleachers and one trailer adapter, with delivery in twenty-eight days after receipt of order and FOB Denton, Texas. Motion carried. May 4, 1976 Continued (G) #8372 Municipal Insecticides (Mosquito Spray) Motion was made by Nash, seconded by Stephens that the bid be awarded to the low bidder meeting specifications per usable gallon, diluted and ready to spray, to Zep Manufacturing Company at a bid of $15.95 per gallon with a dilution ratio of 39 gallons of #2 diesel fuel to one gallon of insecticide for a cost of $.71075 per usable gallon. Motion carried. (H) #8373 Sale of House for Carroll Blvd. Right of Way Motion was made by Ivey, seconded by Stephens to authorize the Staff to negotiate sale of this house to be torn down and if this cannot be accomplished authorization be given to demolish and remove the debris. Motion carried. (I) #8374 Resurface Tennis Courts Motion was made by Ivey, seconded by Nash that the bid be awarded to Bob Edwards Company of Plano, Texas at $11,684.25. Motion carried. (J) #8375 Slurry Feed Pump Motion was made by Nash, seconded by Stephens that the bid be awarded to the low bidder meeting specifications, Bowles & Eden at $844.74. Motion carried. (K) #8376 Soil Sterilizer & Weed Killer Motion was made by Ivey, seconded by Nash that the bid be awarded to the low bidder meeting specifications, Puritan Chemical Company at $6.95 per gallon with freight estimated at 50¢ a gallon, for a total amount of $1,229.25. Motion carried. Meeting adjourned at 12:35 a.m. Municipal Building May 18, 1976 Regular Meeting of the City Council, City of Denton, Texas, Tuesday, May 18, 1976, at 7 p.m. in the Council Chambers of the Municipal Building. PRESF~NT: Mayor Hughes, Mayor Pro Tern Ivey, Council Members Nash, Stephens and Mitchell; City Manager, Assistant City Manager, City Attorney and City _ Secretary. 1. Motion was made by Stephens, seconded by Nash that the minutes of the regular meeting of May 4, 1976 be approved. Motion carried. 2. PUBLIC HF~ARINGS: (A) A public hearing was held to determine the items to be included in the final application for Co,unity Development Act grant funds. The Director of Community Development briefed the Cotmcil, stating that HUD advised the City of Denton to file the full application for Community Development Block Grant assistance in the amount of $192,000, adding that no matching funds by the City would be required. He presented 3 options to the Council as to items to be funded from the grant. Two citizens, Edward Coomes and Carl Young, spoke relative to the options, both pointing out the necessity of a fire station in Last Denton and the extension of Ruddell Street. Motion was made by Stephens, seconded by Nash that the following be approved: (A) Fire Station ....................... $130,000 (B) Loan Program ....................... $ 22,000 __ (C) Ruddell Street Extension ........... $ 35,000 (D) Contingency ........................ $ 5,000 ~192,000 Motion carried 3 to 2. 3. Bob Crouch, President of the Denton Kiwanis Club, requested approval for the Kiwanis annual fireworks display on July 4, 1976. He stated that he would work with the City of Denton and other City Departments in order to meet require- ments. He also stated that the fireworks company would provide liability insurance. Motion was made by Stephens, seconded by Mitchell to grant permission to the Denton Kiwanis Club to hold its fireworks display on July 4, 1976. Motion carried. 4. The Co~uncil considered again the paving petitions submitted for Daugherty~ Johnson-Smith Streets. Dr. J. T. Lott stated that the Glenn Justice Corporation had stated to him that an easement for drainage would be given along Johnson Street. Council Members indicated concern regarding percentage of residents who had signed petitions in favor of paving and with drainage problems involved. Motion was made by Nash, seconded by Ivey that the petitions be rejected due to the insufficient number of property owners in favor of paving. In the discussion that followed Council Member Mitchell stated that he did not want to reject these petitions. Motion was made by Ivey, seconded by Nash to amend the original motion to read as follows: that new petitions be required on properties adjacent to subject streets to determine if the percentage figures improve, and then to bring the petitions back to the Council for c~nsideration. Motion carried. May 18, 1976 Continued 5. The following Ordinance was presented: ORDINANCE NO. 76-24 (Frank Hall) AN ORDINANCF~ 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 A PART OF LOT NO. 9, BLOCK NO. 5, 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 Ivey that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 6. The following Ordinance was presented: ORDINANCE NO. 76-25 AN ORDINANCE REMOVING PARKING ON THE SOUTH SIDE OF CORDELL STREET; PROVIDING A SEVEP~ILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 76-26 (Joe Farina) AN ORDINANCE AM~ING TH~ 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 LOT NO. 11, BLOCK NO. 233-C 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 Mitchell, seconded by Ivey that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 8. The following Resolution was presented: AT A REGULAR HEETING OF THE CITY COUNCIL OF THE CI~ OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON ~HE 18TH DAY OF MAY, A. D. 1976. RESOLUTION WHEREAS, a need exists within the City of Denton to reduce major crime ~hrough 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 Prev-~tion Unit. NOW, THEREFORE, BE IT RESOLV~D 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 18th day of May, A. D. 1976. /s/ ELINOR HUGHES, ~AYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKg HOLT, CITY-~SEGRETARY CITY OF DENTON, TEXAS May 18, 1976 Continued APPROVED AS TO LEGAL FORM: /s/ PAU~-~. ISHAM,~C~ITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Stephens that the Resolution be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" m~d Hughes "aye". Motion carried. 9. Motion was made by Stephens, seconded by Nash that the following citizens be appointed to City Boards: Planni~ng and Zoning Commission--Don Ryan and William Kamman Public Housing Authority--Miller Davidge and Eliza Gonzalez- Board of E~ualization--Alternates-Bob Crouch and Bert Moore Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 76-27 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTs OF A PORTION OF AVENUE F FROM STELLA STREET TO THE NORTH TEXAS STATE UNIVERSITY MAINTENANCE YARD IN THE CITY OF DENTON~ TEXAS; 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 FOR A PORTION OF SUCH COST BY ASSBSS~fF OF A PORTION OF SUCH COST AGAINST THE PROPERTY ABUTTING SUCH I~ROVE- MENTS; AND FOR THE FIXING OF A LIEN TO SECURE PAY~ FOR SUCH ASSESSMENT; DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT; AND SPECIFYING ACTION UNDER ARTICLE ll0S REVISED CIVIL STATUTES. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 76-28 AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY AUBT~ING THE STREETS SPECIFIED IN STREET PAVING ASSESSMENT ON AVENUE F FROM STELLA STREET TO THE NORTH TEXAS STATE UNIVERSITY MA,INTENANCE YARD; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABIIITING UPON SAID STREETS WITHIN 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; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 12. Motion was made by Stephens, seconded by Nash that the Tax Adjustment Report for the month of May, 1976 in the amount of $2,699.S3 be approved. Motion carried. May 18, 1976 Continued 13. Motion was made by Stephens, seconded by Nash that the following voucher in excess of $1,000 be appFoved for payment: U. S. Post Office (Utility Bills) $2,000.00 U. S. Post Office (Regular Mail) $2,000.00 $4,000.00 Motion carried. 14. BIDS: (A) #8359 School Zone Traffic Signals Motion was made by Nash, seconded by Ivey to accept bid of Signal Engineering of Houston, Texas for 12 spun aluminum poles at $141.60 each for a total of $1,699.20, and to authorize the staff to construct the remainder of the school zone traffic signal system at an estimated cost of $470.14 per unit. Motion carried. Council Member Mitchell suggested that the Council explore the cost to the City for School Guards. Council Member Stephens suggested that the Mayor contact the School Board President relative to School Guards and ask that the matter be on the agenda at the next Council Meeting. The Council concurred. (B) #8361 Bucket Truck For Traffic Control Dept. The City Manager recommended that one 18,500 GVW and one aerial bucket be purchased. Council Member Nash suggested that the Council look at what the City has before purchasing new trucks. The Director of Community Development stated that his Department must have a bucket truck to construct the authorized signal system, adding that the Traffic Department was without a vehicle. Motion was made by Mitchell, seconded by Ivey that the bid be awarded as follows and that the cost be paid from budgeted funds: Item 1-one 1976 truck, 18~500 GVW to Banner Chevrolet of Denton at $6,883.98. Item 2-one aerial bucket body to Commercial Body of Irving at $9,448.65 and add the option of a 110 volt generator at $565.25 for the total of $10,013.90. Motion carried 4 to 1. (C) #8366 Floodlight Fixtures, Lamps & Mounting Brackets Motion was made by Mitchell, seconded by Ivey that the bid be awarded to Wesco glectric, low bidder meeting specifications, at a total bid of $2.20 per unit for a total of $12,320. Motion carried. (D) #8371 Intersection Improvements Following a briefing by the City Manager and a discussion relative to budgetary requirements for payment of this bid, motion was made by Nash to reject the bids.~ After a discussion, motion was made by Ivey, seconded by Mitchell to substitute the original motion and to table action until after the Council retreat but to discuss the matter during the retreat. Motion carried. May 18, 1976 Continued (E) #8377 Chemicals Motion was made by Stephens, seconded by Mitchell that the bid be awarded as follows: ITEM AWARDED TO PRICE 1. Sodium Hydroxide McKesson Chemical $ 18.25/cwt. 2. Liquid Chlorine (1 Ton Cyl.) Thompson-Hayward 200.00 Ton 3. Liquid Chlorine (150 Lb.) Thompson-Hayward 30.00 ea. 4. Sodium Hexametaphosphate Van Waters & Rogers 29.40/cwt. 5. Soda Ash Tho~Eoson-Hayward 6.90/cwt. 6. Aluminum Sulphate Stauffer Chemical 127.40 Ton 7. Activated Carbon Thompson-Hay4~.ard 20.74/cwt. 8. Quicklime Texas Lime-Draw Bid 40.40 Ton 9. Sodium Silicafluoride Thompson-Hayward 15.30 Ton 10. Sulfuric Acid Thompson-Hayward 48.25 Ton 11. 35% Hydrazine Solution McKesson Chemical 121.00/cwt. ~ 12. Boiler Treatment B-42 Culligan 7.00 gal. Motion carried. (F) #8378 Economy Size Pick-ups Moti~nwas made by Stephens, seconded by Ivey that the bid be awarded to Bill Utter Ford at a bid of $3,430 per pick-up for a total of $7,073.80. Motion carried. 15. Bud Jennings, Administrator of the City-County Health Unit, appeared relative to the City-Comity Health Department offering home health care services, stating that funds would be available from Medicare and Medicaid, adding that -- nurses, therapists, home health aids and all supervisors and medical doctors be on call for 24 hours a day. He stated that there was a need for $4,000 to begin the program on July 1, 1976 and asked the City for $2,000 to begin the program. He said if the program did not pay its way it would be discontinued. The Mayor requested that ~. Jennings present additional information before June 1, and that the matter would be on the agenda for discussion on June 1, 1976. The Council concurred. 16. Charles Muirhead, local builder, requested that the Council waive the requirements that all drainage and street improvements be completed before a building permit is issued. The City Attorney stated that the Council could not grant this request since it is contrary to the subdivision ordinance. He also stated that the developer or the builder could put up a bond to the City and a permit could then be issued. Meeting adjourned at 10:37 p.m. ~£1Y SECRETARY Municipal Building May 27, 1976 Special meeting of the City Council of the City of Denton, Texas, Thursday, May 27, 1976 at 4 p.m. in the Conference Room of the Municipal Building. PRESENT:Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager and Assistant City Secretary. Mayor Hughes opened the me~ting and read the amendment to the Charter, stating that the City Council should meet to set budget policies 120 days prior to adoption of the budget. She stated that the purpose of the meeting today was to give policy direction to the City Staff formulating the budget for 1976-77. The City Manager then briefed the Council on some of the problems and priorities as seen from the City Staff's point of view. The Mayor stated that the cumulative effect of these problems and priorities over the years was quite confusing and she requested that the City Manager draw a chart showing the cumulative effect of these funding priorities. After the briefing by the City Manager, Council Member Nash stated that he would like for the Council to instruct the City Manager to strive for a 5% reduction in next years budget. Next Mayor Hughes presented a tentative list of policy decisions for the Council to consider. After much discussion of this list the Council decided to go through them item by item and state whether or not they should be established priorities for this year. 1, New East side Fire Station--The City Manager pointed out that due to the long time needed to process this grant it would have no effect on the 1976-77 budget. ~o~-~.~ o4P~¢~ 2. City Council's support of Flow Hospital entering into a joint amublance service with Westgate Hospital. After much discussion the City Council decided that they would like a recommendation on the operating and financing of an ambulance service from the doctors at Flow Hospital. It was agreed that this should be put on the agenda on the Tuesday, June 1 City Council Meeting for further consideration. 3. Intersection Improvements--These included the following intersections: Carroll at Henry, Avenue A at Hickory, Oakland at Withers and Elm at Ft. Worth Dr. The Council agreed that this should have priority status and that the City Manager should make every effort to locate the money to fund these projects from the current budget. 4. The City Council decided that developers should pay the entire cost ($450.00) for the installation of street lights. · ~ ~¢,~ ~5. Cost of living increases for City employees would be delayed pending recommendations by the City Manager. 6. Cost of building inspections--The Council instructed the City Manager to make~o, mj~kra~from~ ~ . other cities for further study. 7. Hic~n~y Creek Park--City Manager was instructed to investigate the possibility of turning Hickory Creek Park back to the Corps of Engineers. 8. County Fire Calls--The City Manager informed the Council that he was meeting with t~e County Judge to discuss this problem. The City Council agreed to delay a decision on this item pending the outcome of that meeting. 9. School Crossing Guards--The Mayor was asked to meet ~ith the President of the Board of Trustees of the Denton Independent School District to discuss the possibility of 50/50 funding of school crossing guards. May 27, 1976 Continued The Council agreed to meet Tuesday afternoon, June l, 1976 at 4 p.m. for further consideration of these policy matters. Meeting adjourned at 7 p.m. MAYOR' - AS~S~ANT CITY SECRETARY Municipal Building June l, 1976 ~ l. ~g o~~ City C~uncil of.the City of Denton, Texas, Tuesday, S,,,. ,-~. ~.,.'~ ;.Z ?',:.~:ti "*~'~,,~ J~r:c i.~ i~76 at 4 p.m. in the Conference Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens and Mitchell; City Manager, Assistant To The City Manager, Director of Community Development, City Attorney and City Secretary. ABSENT: Council Member Nash. The purpose of the meeting was to formulate a priority list for the 1976-77 Budget. 1. Sherman Drive - The sate of $2,000,000 in General Obligation Street Bonds for the constructi6n of Sherman Drive. 2~ Cits_~of Denton Landfill - There are no bonds voted for this requirement. This would cost between $1,000,000 to $1,500,000. 3. Fire Department - The Council recognizes the need for additional firemen to man our existing equipment. 4. Cost of Livin~ Adjustments for City employees. Flow Hospital Emergency Medical Service - The City Council recognizes the need r a full sergi~ P~bli~ hospital f~c~ity in Denton. It is the Council's intention to give further study and consideration to emergency medical services at Flow Memorial Hospital. 6. Developers Paying Full Cost of Street Light Installation°- The City Council will delay actio5 On thi~ matter pending a recommend~ti'on from th~ Utilities Board. 7. Buildin~ and Subdivision Inspection Fees ~ The City Council instructed the staff to conduct a survey of other cities to determine if our fees are adequate. 8. Hickory Creek Park - The City Manager was instructed to research the possibility of turning Hickory Creek Park back to the Corps of Engineers. 9. County Fire Runs - The City Manager was instructed to confer with the County Judge on the feasibility of continuing county fire runs. lO. School Crossin~ Guards - The City Council would further study the financing of school crossing guards. ll. Old Post Office - The City Manager was instructed to give further consideration to the use of the old Post Office. If it cannot be used by the City, it should be sold. 12. City Motor Pool - The City Council will study and consider the possibility of increased economics by implementing a motor pool system. 13..I.O.O.F. Cemetery - A citizens study group will be formed to study the problems of the cemetery. 14. 5% Budget Cut - The City Manager is to set the goal. of cutting the budget by 5% in d~cretionary areas of the operations budget. 15. Denton Employee Retirement System - The City Council will~ give further study and consideration to the p6s~ibility of upgrading the employee retirement system. 16. Five'and Ten Year Capital .Improvement Plans - The City Council instructed the staff to prepare a 6 and lO year capital improvements program consistent with the comprehensive plan, with an update to the program each budget year, and to submit the tentative program to the Planning and Zoning Commission for their input. This program shall be to the City Council by February l, 1977. Meeting adjourned at 6:20 p.m. ~ ~ Municipal Building June 1, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June l, 1976, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Hu§hes~.~ Council Members Nash, Stephens and Mitchell; Cii~wMa~ger ~ City Manager, City Attorney and City Secretary. 1. Motion was made by Mitchell, seconded by Ivey that the minutes of the regular meeting of May 18, 1976 be approved and the minutes of the special meeting of May 27, 1976 be changed as follows: item 2 to read--the City Council's support of Flow Hospitals entry into a joint operation of emergency medical services with Westgate Hospital, and change item 5 to read--cost of living increases for City employees would be considered at a meeting on June 1, 1976. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on S-125, the request of the Knights of Columbus that they be granted a specific use permit to operate a religious fraternity with private club facilities on the east side of Riney Road and the north city limits of Denton. After hearing 3 proponents and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Mitchell, seconded by Ivey that the request be approved with the following conditions: 1. A site plan shall be required illustrating parking, building location and floor plan of area usages within the building. 2. The operation of a fraternal organization to operate as a private club to sell and service alcoholic beverages shall require the licensing approval of the State Alcoholic Beverage Commission. 3. The specific use permit shall apply only to the addressed property of the fraternal organization. If the property should divide or be sold, the permit, shall not be considered trans- ferable. 4. Paved parking space shall be computed on the basis of public assembly (Article 15B-16 of the Zoning Ordinance) which requires one (1) parking space per three (3) seats (persons). 5. A sign no larger than 36 square feet in area shall be permitted to identify the organization. No illumination of the sign shall be pemmitted except as a direct light source onto the sign. 6. The operational hours of the organization within the residential area shall be restricted from 8 a.m. to 10 p.m. on Monday, Tuesday and Thursday; from 8 a.m. to 12 midnight on Wednesday; from 8 a.m. to 12:30 a.m. on Friday and Saturday. Motion carried 4 to 1. (B) A public hearing was held on S-129, the request of Mr. Marcus Whitten that he be granted a specific use permit to operate a private club at 2109 West University Drive. After hearing 1 speak for and none in opposition and a report of approval by the Planning and Zoning Commission, motion was made by Ivey, seconded by Mitchell that the request be approved with the following conditions: 1. The operation of the private club shall require registration and license approval from the Texas Liquor Control Board. 2. A site pl~.shall be r~uired to show the building layout, s~~he operation of the private club. June 1, 1976 Continued 3. The permit shall cease whenever Mr. Marcus Whitten is no longer the owner and or operator of the private club. 4. The required paved parking shall be based upon one space for every three seats in conformity with the Zoning Ordinance. Motion carried 4 to 1. (C) A public hearing was held on Z-1274, the request of Koleta G. Hunt to rezone the southeast corner of Interstate Highway 35E and Avenue C (1619 Underwood) from Single Family (SF-7) to General Retail (GR) classification. After hearing 2 proponents and 5 in opposition and a report from Community Development that letters were returned with 3 in favor and 14 opposing, but that the Planning and Zoning Commission had recommended approval and the staff had recommended denial, motion was made by Stephens, seconded by Nash that the petition be denied. Motion carried. (D) A public hearing was held to consider possible amendments to the Denton Zoning Ordinance. One spoke in favor and none in opposition. Motion was made by Mitchell, seconded by Ivey that the following Zoning Ordinance amendments be approved: 1. Amend Article 12A, paragraph (14) Proposed Wordin~ - (14! Kindergarten or nursery--An establishment where more than six (6) children are housed for care or training during the day or portion thereof. 2. Amend Article 7C (Zoning District Table) to allow for a day nursery or kindergarten school by specific use permit in an SF-16 dwelling district.' 3. Amend Article 7B (Zoning District Table) to eliminate the classification for "Trailer, Modular House or Mobile Home as a Fixed Dwelling." 4. Amend Article 12A to include a definition (61) as follows: Proposed wordin~ - (61) Licensed private club--A private club licensed bY the State of Texas, which sells or serves alcoholic beverages to the membership in accord with State regulation. 5. Amend Article 22D to clarify the fact that non-conforming uses may not be expanded. Proposed wording - D No non-conforming use may be expanded or increased on the lot or tract upon which the non-conforming use is located or on an adjoining lot or tract as of the effect- ive date of this ordinance except to provide off-street parking or off-street loading space upon approval of the Board of Adjustment. 6. Amend Article 7G (Zoning District Table) to eliminate the classification for "Commercial Auto Parking Lot." Motion carried. 3. REFERRAL: Motion was made by Mitchell, seconded by Nash that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1275, the petition of Mr. Hardy Burke, requesting that the zoning classification of a tract of land at the northeast corner of Willow Lane and West University Drive (Hwy. 380) be changed from the Agricultural (A) classification to a General Retail (GR) classification. The property is further described as being a portion of the Denton Estates Mobile Home Addition. Motion carried. June l, 1976 Continued 4. The Council considered funding of $2,000 to the Denton City-County Health Unit to fund home health care services. Bud Jennings, Director of the Health Department, p?esented information relative to the program. Motion was made by Nash, seconded by Mitchell that $2,000 be funded for home health care services in Denton County to be administered through the City- County Health Unit. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 76-29 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS PROVIDING FOR CURB LOADING ZONES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVING CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Ivey, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye",.Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 6. The Council considered plat correction instrument and resolution for release of easement appendages in Unit 1, Block 3 of Denton North Addition. The property is located on the northeast corner of Fall Meadow Street and Gardenview Street. Following a briefing by the Director of Community Development recommending approval, 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 IST DAY OF JUNE, A. D. 1976. RESOLUTION WHEREAS, the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas was prepared by Dewey Fields, a Registered Public Surveyor in the State of Texas for Harrison Builders, Inc., on or about April 17, 1974; and WHEREAS, said plat was approved by the City Planning Commission of the City of Denton, Texas on, or about the 19th day of June, 1974; and WHEREAS, said plat was recorded in Volume ll, Page 5 of the Plat Records of Denton County, Texas; and WHEREAS, the surveyor has now found that the length shown by said plat on the four short appendages are incorrect. That the distances shown on said plat are the distances measured on the ground from centerline of base easement, but is shown by said plat to be the distance from the near side of said easement to its end. Therefore, the lengths of said four short appendages should be and are, on the ground eight feet less than reflected by the aforementioned plat; and WHEREAS, a correction has been filed by Dewey Fields, Texas Registered Public Surveyor No. 1565, and the City of Denton acknowledges and consents to this correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton relinquish all right, title and interest that it may have in the eight feet that was originally shown on the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas and it hereby approves the correction filed by Dewey Fields, Texas Registered Public Surveyor. PASSED AND APPROVED this the 1st day of June, A. D. 1976. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS June 1, 1976 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 Nash, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "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 lST DAY OF JUNE, A. D. 1976. RESOLUTION WHEREAS, a need exists within the Police Department of the City of Denton for Multi- Channel Monitoring and Recording Equipment; and WHEREAS, 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-Channel Monitoring and Recording Equipment for the Denton Police Department. PASSED AND APPROVED this the 1st day of June, A. D. 1976. /s/ ELINOR HUGHES, 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 Nash, seconded by Mitchell that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 8. Motion was made by Nash, seconded by Stephens that a permit to approve ceremonial fly-by below 1,000' by military aircraft in conjunction with the July 4~h celebration be granted and to authorize the Mayor to sign the permit. Motion carried. 9. The Council considered appointing two members to North Central Texas Council of Governments Regional Transportation Advisory Committee. Motion was made by Stephens, seconded by Mitchell that Council Members Ivey and Nash be appointed. Motion carried. June 1, 1976 Continued 10. The Council considerea fund allocation for Revenue Sharing Entitlement #7. Motion was made by Nash, seconded by Mitchell to adopt proposed distribution of the revenue sharing funds with $112,307 for health and $125,000 for financial administration, for a total of $237,307, and that the General Revenue Sharing Planned Use Report be advertised in the official City newspaper. Motion carried. ll. The Council discussed the formation of a committee to study the feasibility of emergency medical service at Flow Memorial Hospital. Motion was made by Mitchell, seconded by Nash to table the matter. Motion carried. 12. The Council considered setting budget priorities for the fiscal year 1976-77. The Mayor read a statement relative to the Council action to date concerning Council recommended budget priorities. Motion was made by Nash, seconded by Stephens to set a goal of cutting the 1976-77 operating budget by 5% in discretionary areas but not in fixed costs areas in the 1976-77 budget. Motion carried. Motion was made by Stephens, seconded by Ivey to adopt the following budget priorities for the 1976-77 budget as follows: 1. Sherman Drive - The sale of $2,000,000 in General Obligation Street Bonds for the construction of Sherman Drive. 2. City of Denton Landfill - There are no bonds voted for this requirement. Th~s would cost between $1,000,000 to $1,500,000. 3. Fire Department - The Council recognizes the need for additional firemen to-man our existing equipment. 4. Cost of Living adjustments for City employees. 5. F10W HoSpital Eme'rgency Medical Service - The City Council recognizes th6~eed for a f~ll service public hospital facility in Denton. It is the Council's intention to give further study and consideration to emergency medical services at Flow Memorial Hospital. 6. Developers Pa~in~ Full Cost of Street Light Installation - The City'C6~nCil'~W~ll d~ay aCtion~'~this matter pending a recommendation from the Utilities Board. 7. Building and Subdivision Inspection Fees - The City Council instructed the staff tO Coh~Ct ~ ~Urvey of other cities to determine if our fees are adequate. 8. Hickory Creek Park - The City Manager was instructed to research the possibility Of ti~rning Hickory Creek Park back to the Corps of Engineers. 9. County Fire Runs - The City Manager was instructed to confer with the County Judge on the feasibility of continuing county fire runs. lO. School Crossing Guards - The City Council would further study the financing of school crossing guards. 11. Old Post Office -- The City Manager was instructed to give further consideration to th~use of the old Post Office. If it cannot be used by the City, it should be sold. 12. City Motor Pool -- The City Council will study and consider the possi'b~li'ty'6~' Tn~r~-ased economics by implementing a motor pool system. 13. I.O.O.F. Cemeter~ - A citizens study group will be formed to study the p~O~lems 6f~the cemetery. 14. ~% Budget Cut - The City Manager is to set the goal of cutting the budget by-5% in discretionary areas of the operations budget. 15. Den%on Employee Ret!~em~n~ System - The City Council will give further study and consideration to the possibility of upgrading the employee retirement system. 16. Five and Ten Year Capital Improvement Plans - The City Council instrUCted the staff to prepare a 5 and 10 year capital improvements program consistent with the comprehensive plan, with an update to the program each budget year, and to submit the tentative program to the Planning and Zoning Commission for their input. This program shall be to the City Council by February 1, 1977. Motion carried. June 1, 1976 Continued 13. Mayor Hughes reported on a meeting with Sennett Kirk, Denton Independent School District President, relative to cost of sch6ol guards. She stated that Kirk said that this would be a good time to determine if all of the guards were necessary and that guard policies should be decided by the City and the School Board, adding that he appreciated the good relations of the school and the City. 14. The Council considered committing the City Staff to planning and develop- ment for a Human Resources Center in Denton. The City Manager pointed out that the cash outlay would be very small for staff planning. The Mayor stated that it would be advantageous for Denton to have its house in order if the Legislature makes funds available for the Human Resources Center. Motion was made by Stephens, seconded by Hughes to make the Community Development Department Staff available for the program on a limited basis. Motion carried 4 to 1. 15-16 The Council reviewed and considered the Power Sales Contract between the City of Denton and Texas Municipal Power Agency and reviewed and considered Bond Resolution for Texas Municipal Power Agency. The City Attorney gave highlights of the contract since each Council Member had a memo and a copy of the contract in their possession. Council Member Nash requested more information on costs, etc. for the City of Denton. The Mayor suggested that the Council meet following the meeting in Athens with other Power Agency Members to ask questions relative to the Sales Contract and the proposed Bond Resolution. The Council concurred. 17. BIDS: (A) #8371 Intersection Improvement Projects Motion was made by Mitchell, seconded by Stephens that the bid be awarded to Uvalde Construction Company, the low bidder, subject to obtaining an easement from NTSU for the Avenue A-Hickory Street Project. The bid was as follows: Carroll/Henry $ 8,825.00 Avenue A/Hickory $14,710.00 Oakland/Withers $ 1,380.00 Elm/Ft. Worth Drive $ 2,410.00 ~27~325.00 Motion carried. (B) #8380 Move City-Owned Sexton House Motion was made by Stephens,~seconded by Mitchell that the bid be awarded to Littrell ~o~lq~r~,]ow~er, in the amount of $3,303 for moving the house from 43~1~n"~'~ ~The cost ~ncludes foundation, leveling and connection of all n~essary plumbing. Motion carried. (C) #8381 Selective Vegetation Control Motion was made by Stephens, seconded by Ivey that the bid be awarded to the low bidder, Jim Neal Company, at $35 per acre-the treatment to cover a maximum of 90 acres each time used. Motion carried. (D) #8385 Radio/Telephone Tape Monitoring Logging Equipment Motion was made by Nash, seconded by Stephens that the bid be awarded to the low bidder, Stancil-Hoffman Corporation, at $17,545 complete and installed with purchase to be partially paid for by the Criminal Justice Council on a 75%/25% matching basis, with the City of Denton paying $4,386.25. Motion carried. Meeting adjourned at ll:15 p.m. ~ ~ MAYOR SECRETARY Municipal Building June 9, 1976 Emergency joint meeting of the City Council and the Utilities Board of the City of Denton, Texas, Wednesday, June 9, 1976 at 1 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager, Assistant City Manager, Assistant To The City Manager, Electrical Engineer, City Attorney and City Secretary. Utilities Board: Chairman Harpool, Members Davis & Ramey. Texas Municipal Power Pool: Paul Cunningham, Executive Director, Hardy E~banks, AssiStan~ Executive Director of Administration and Finance and Ed Geer, Planning Engineer. ABSENT: Utilities Board: Members Silvey and Munson. 1. The purpose of the meeting was for the Council to ask and receive answers relative to the Texas Municipal Power Pool. 2. The City Manager made preliminary remarks and introduced Paul Cunningham. 3. Cunningham pointed out the following: (A) Tying together public utilities is vital. (B The new era of fuel supply involves risks. (C Pool Members have been cautious relative to lignite utilization. (D There has been much coring, testing, etc. to ascertain if the lignite supply near Bryan is adequate. (E We are being super cautious. (F Every action taken by the Pool is contained in a Master Plan. (G) We have problems and will, like others in the business, have problems in the future. (H) The Bryan lignite plant is scheduled to come on the line in 1981. - (I) To move forward in the lignite project members must: (1) Approve Power Sales Contract (2) Bond Resolution (3) Project Agreement (4) Approve project (5) If permanent financing is accomplishe~payments by members will not be required until the project is operational, then payment is based on kilowatt hour costs. 4. Cunningham distributed written answers to series of questions previously submitted to him by Council Members. 5. As questions were answered, discussions were held and a large volume of information was made available to the Council. Meeting adjourned at 6:45 p.m. MAYOR Municipal Building June 15, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 15, 1976, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens, Mitchell and Nash; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Stephens, seconded by Nash that the minutes of the special called meeting of June 1, 1976, the regular meeting of June 1, 1976 and the emergency meeting of June 9, 1976 be approved. Motion carried. 2. REFERRALS: Motion was made by Nash, seconded by Stephens that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-130, the petition of Mr. Harold Landry, requesting a specific use permit to operate a licensed private club on the east side of the intersection of Pecan and Austin Street within a Central Business (CB) zone district. (B) Z-1276, the petition of Mrs. Julia Gates, requesting that the zoning classification of a lot at 2717 N. Elm which is approximately three lots south of the intersection of N. Elm and Orr Street be changed from a Single Family (SF-7) zone to a Commercial (C) zone. Motion carried. 3. Julian Rodriguez, Chairman of the Community Ethnic Relations Board, appeared before the Council relative to presenting the Board's First Annual Report and to request funding for the coming fiscal year. (A) Requested that the Council delete the two-year "self destruct" clause from the ordinance that established the Board's existence. (B) The Board has found the necessity for an operating budget in order to maintain a permanent working staff. (C) The Board seeks to establish improved and constant communications with the community. (D) Stated that reports of the Board's progress would be submitted to the Council at least once a month. (E) The Board will make every effort to hold at least one neighborhood meeting each month. (F) News releases will'b~ given to the news media to advertise the Board's efforts. (G) The Board will establish a system to channel the findings to the appropriate City authority. The amount of funding requested is $3,551.20. The Mayor thanked Mr. Rodriguez for the good work of the Board and advised that the matter would be taken under consideration. June 15, 1976 Continued 4. PUBLIC HEARING: (A) A public hearing was held on Z-1273, the petition of Mr. Hoyt Cole and Mr. Dale Irwin, requesting that the zoning classification of a lot at 1515 and 1521 Anna Street be changed from a Single Family (SF-7) zone to a Multi-Family (MF-1) zone. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission and a presentation of a petition with 15 names signifying opposition, motion was made by Nash, seconded by Hughes that Z--1273 be denied. ~ Motion carried 3 to 2 (this vote did not meet requirements of the 4/5 vote of the Council). Motion was ~hen made by Stephens, seconded by Nash to reconsider the motion. Motion carried. Motion was made by Nash, seconded by Stephens to table, and to request the Planning and Zoning Commission to consider developing a new zoning classification for multi-family usage. Motion carried. 5. Dr. Jerry L. Yeric of the North Texas State University Department of Political Science, discussed the results of a recently conducted Denton survey: Table 1--Relative to the quality of City service. Table 2--Relative to whether the City budget should be more, less or the same° Table 3--Relative to the willingness to pay more, less or the same for services. The Mayor thanked Dr. Yeric and his colleagues for their efforts. 6. The Director of Community Development reported that a Town Hall Meeting is to be held on June 23, 1976 in the Municipal Building with the City Council, Planning Commissioners and City Staff to discuss with citizens the future of Denton--our problems and potential. 7. The Council considered employment of an architectural firm for the proposed Senior Citizens Center. Dick Huck, Director of Parks & Recreation, advised the Council what questions were asked and the methods used by the Parks Board to select an architect. Following a discussion, motion was made by Mitchell to accept the recommendations of the Parks Board to hire a Dallas Firm. Motion died for lack of a second. Motion was then made by Nash, seconded by Stephens that the Council meet with the Parks Board next Tuesday, June 22, 1976 to discuss the matter in detail. Motion carried 4 to 1~ 8. The Director of Parks & Recreation recommended employment of the Institute For Applied Sciences of NTSU to conduct an Archaeological & Environmental Assessment of 6 parks being improved under our Park Bond Program. Motion was made by Nash, seconded by Stephens that the recommendation be approved as requested by the Director of Parks and Recreation. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 76-30 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING CERTAIN ARTICLES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. June 15, 1976 Continued 10. The Council considered the possible need for constructing concrete sidewalks as a part of the Sherman Drive paving project. The Director of Community Development gave the following cost estimates to be used to evaluate the benefits of such a sidewalk project. (A) 4' sidewalk on one side of street $23,000 t B) 5' sidewalk on one side of street $29,000 C) 4' sidewalks on both sides of street $46,000 Council Member Mitchell suggested a bicycle, jogging and walking path rather than a sidewalk. Council Member Nash suggested that the City need not spend money on such a project. Motion was made by Nash, seconded by Stephens that sidewalks not be constructed on Sherman Drive. Motion failed 2 for and 3 against. Motion was then made by Ivey, seconded by Mitchell to construct a 5' sidewalk on only one side of Sherman Drive at an estimated cost of $29,000 Motion carried 3 to 2. 11. Motion was made by Nash~ seconded by Mitchell to approve a contract with Uvalde Construction Company, low bidder, for intersection improvements, with 40 working days to complete project, at a cost of $27,325. Motion carried. 12. Motion was made by Nash, seconded by Mitchell that the Tax Adjustment Report for the month of June, 1976 be approved as follows: Personal Property Automobiles $616.02 Business Personal $163.65 TOTAL ~ Motion carried. Meeting adjourned at 9:10 p.m. MAYOR Municipal Building June 22, 1976 Special Called meeting of the City Council, City of Denton, Texas, Tuesday, June 22, 1976 at 4 p,m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; Assistant City Manager, City Attorney, Electrical Engineer and City Secretary. 1. An Executive Session was held to discuss personnel, consider Board Appointments and discuss with the Parks Board the hiring of an architect. 2. The Council convened into public session at 6:45 p.m. in the Council Chambers. 3. The Council considered the concept for a professional building at Flow Memorial Hospital. Dr. Charles Saunders, Chairman of the Hospital Board, briefed the Council relative to developers indicating an interest in financing and building a professional building in conjunction with Flow, containing approximately 50,000 square feet, the building to have access to each floor of Flow. Wallace Duvall, Administrator of Flow, stated that the proposed private owners requested a lease of the property but that the legality of such a building on public property is a question to be resolved. The City Attorney stated that to lease property to private owners the Hospital Board would be required to obtain approval of the City Council and the County Commissioners and meet requirements of State law relative to City-County Hospitals. He added that the City and the County could endorse the concept, then follow the necessary legal requirements. Motion was made by Nash, seconded by Stephens to endorse the concept of a lease to a private corporation or individual and for the Council to continue to explore the matter. Motion carried. 4. The Council considered hiring an architect for the proposed Senior Citizens Center. Motion was made by Mitchell, seconded by Ivey to accept the recommendation of the Parks Board to employ the architectural firm of Hatfield-Holcomb, Inc. of Dallas. Motion carried 4 to 1. 5. ~he~~,sion relative to Denton's participation in TMPP and TMPA. DISCUSSION: Nash: (A) We have to make a decision. (B) I have asked Texas Power & Light about the possibility of trading with Denton for its power system. They stated that they would take a look at it. lC) Concerned with lack of information on TMPP. D) Economics should be looked into thoroughly. (E) Recommended employment of an independent consulting firm to review figures presented by lignite consultant and TP&L and investigate major problems mentioned with a firm not connected in any way with TMPP, TP&L or any other electric utility. (F) We are stuck for projected high cost per KWH. (G) I am 100% against the project right now. Tullos: (A) Time is very important. If Denton does not agree to participate in the Pool by July 15, 1976 we will have to start paying the monthly installments on the temporary financing. (B) It would be almost impossible to get exact answers as to what utility rates and other costs will be in 1981. June 22, 1976 Continued Isham: (A) If Denton hires a consultant, will other Pool Members go along with the delay, and if TP&L won't buy the Plant, what happens to Denton? (B) Financial advisors, First Southwest Company, should be consulted relative to bond issue or issues, and that Elbert Morrow, Attorney for TMPP, should be consulted also. Isham contacted Morrow by phone and he agreed to meet with the Council Wednesday, June 23 at 4 p.m. The meeting recessed at 8:45 p.m., to reconvene at 4 p.m. Wednesday, June 23, The Executive Session to discuss Board appointments was postponed until after the 23rd meeting adjourned. Municipal Building June 23, 1976 The Special Called meeting of the City Council, City of Denton, Texas, reconvened on Wednesday, June 23, 1976 at 4 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, and Stephens.; City Manager, Assistant City Manager, City Attorney, Electrical Engineer and City Secretary. Also present were Elbert Morrow, Attorney for TMPP, Frank Medanich and E. C. Hall of the First Southwest Company, Tom Harpool, Chairman of the Utilities Board and Marvin Ramey, Member of Utilities Board. 1. The Mayor opened the meeting by asking Mr. Morrow what would happen to Denton if the required financing papers were not submitted by Denton in July, and what is the likelihood that Denton could get a bond issue for money we now owe? Morrow: (A) Time is a basic problem. In order to finance the project by September 15 we must have documents in final form by July 15. ~ ~(~)~ ~der tem~o~y fi~nancing the City would haw the right to ~' ~ .... drop from.%~e Ag6n~y ~y~mefusing to go along with the first ~ project. (C) The City would pay off whatever amount was their share of the funds already expended. The Agency would then dissolve and the Agency would be recreated. (D) He stated that every city must approve each project and the remaining cities decide if they want to go ahead. (E) Each year until 1981 bonds can be issued, but nothing is to be paid by the member city until the plant is on the line, since provisions are being made to pay on a KWH rate of power produced. Nash: (A) Stated that he still did not have the answers that he wanted. Harpool: (A) "The Utilities Board has gone through this matter very thoroughly over a lengthy period of time and we are confident that there is no way that a private utility can out perform a mun!cipal utility". June 22, 1976 Continued White: (A) No one can give definite figures on future power sources. Denton has been using the very best engineering information we can obtain. Isham: (A) There is no way that a consultant can advise accurately what the cost of electricity to Dentonites by a private utility or a municipal utility will be. Morrow: (A) The City of Denton must do the following: 1. Approve the Bryan Lignite Project. 2. Approve Power Sales Contract, which includes both Resolutions approved by the Agency and if the City drops out of the project the remaining cities could approve a Power Sales Contract with the option of recreating the Agency. 3. The project can proceed with only two cities participating in the project. Garland wants to proceed. Medanich: (A) It will be extremely difficult to satisfy all bond holders in the event the City decided to sell the system. 2. The Staff was instructed not to proceed in any manner regarding hiring of a consultant to look at the relative benefits of selling the electric system to TP&L or any other private company. 3. The Council adjourned into Executive Session at 6 p.m. to discuss Board appointments. No official action taken following Executive Session. MAYOR Municipal Building July 6, 1976 Regular meeting of the City Council, City of Denton, Texas, Tues~day, July 6, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and 'Stephens; City Manager Jim White, City Attorney Paul Isham and Assistant City Secretary King Cole. 1. Motion was made by Ivey, seconded by Stephens that the minutes of the regular meeting of June 15, 1976 and the special called meeting of June 22, 1976 be approved. Motion carried. 2. REFERRALS: Motion was made by Nash, seconded by Mitchell that the following petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1277, the petition of Mr. Jack Bell, Jr., requesting that the zoning classification of a tract of land in the 1000 block of Cook Street be changed from an Office (0) to a Commercial (C) zone. The site of the request is located in the northwest corner of Cook and Simmons Streets. (B) S-131, the p~tition of Mr. Walter E. Parker, requesting a specific use permit to operate a private elementary school in a Single Family (SF-IO) zone district. The site of the request is located on Sena Street behind the St. David's Episcopal Church and Parsonage at the intersection of Sena and Ector Streets. (C) S-132, the petition of Mr. Michael W. George, requesting a specific use permit to operate a licensed private club in a Commercial (C) zone district at 508 S. Elm. The site of the request is situated in the Denton Plaza Shopping Center which is located at the southwest corner of Prairie and S. Elm. The property was formerly known as the Electric Circus. (D) S-133, the petition of Ms. Kaye L. Conaway, requesting a specific use permit to operate a day nursery within a Two Family (2F) zone district at 707 Carroll Boulevard. The site of the request is located on the west side of Carroll Boulevard north of Egan Street. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1275, the petition of Mr. Hardy Burke, requesting the zoning classification of a tract of land located in the northeast corner of the intersection of Willow Lane and West University Drive (HWY 380) be changed from an Agricultural (A) classification to a General Retail (GR) zone. 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 ~vey that the petition be approved. Motion carried. (B) A publi.c hearing was held on Z-1276, the petition of Mrs. Julia Gates, requesting the zoning classification of a lot at 2717 N. Elm be changed from a Single Family (SF-7) zone to'a General Retail (GR) zone. The site is ~pproximately three lots south of the intersection of N. Elm and Orr Street. After hearing 1 proponent and none in oppositi'on~and a report of approval~by the Planning and Zoning Commission, motion was made by Ivey, seconded by Stephens that the petition be approved. ~otion carried. (C) A public hearing was held on S-130, the petiti, on of Mr. Harold Landry, requesting a specific use permit to operate a licensed private club on the east side of the intersection of Pecan and Austin Streets which is within a Central Business (CB) zone district. After hearing 1 proponent and I in opposition and a repor~ of approval by the Planning and Zoning Commission, motion was made by Nash, seconded by Stephens to table the petition pending the outcome of a request for a variance from the Board of Adjustment. Motion carried 3 to 2. July 6, 1976 Continued 4. The City Council received a report from the City Manager concerning paving of South Carroll Boulevard. Mr. White explained that the State Highway Department has now completed plans and specifications and we now know the necessary utility relocations. White explained that the water line down Carroll Boulevard is Very large and is beyond the capacity of the city equipment to relocate. He recommended that the Staff be allowed to advertise for bi~s on the following utility relocations: /I16" water line at Collins and Fort Worth Drive. Sanitary sewer at W. Prairie and Carroll Boulevard~ 'C) Sanitary sewer at University and Loop 288. D) Sanitary sewer in front of Westgate Hospital. The City Manager explained that these were not all in conjunction .with the Carroll Boulevard extension, however, they were items that would require outside contracting and we would get a better bid by bidding them all together. White recommended that we go out for bids on Carroll Boulevard extension around November 12, which would be approximately a 2 week delay over the bid date previously announced. The Council discussed the type of medians they wanted to put into Carroll Boulevard. Motion was made by Mitchell, seconded by Ivey that we have medians of grass and shrubbery. Motion carried. Councilman Nash expressed some concern that the shrubbery might cause some danger to motorists. The Staff was instructed to insure that the shrubs did not obscure the vision.of motorists. Motion was made by Nash, seconded by Mitchell to proceed with the bids on the previously mentioned utility relocations. Motion carried. 5 The Council considered a Minute Order from the Planning an'd Zoning Commission concerning private club permits. The Planning and Zoning Commission requested that a public hearing be held to consider amending the zoning ordinance as it pertains to private clubs. ~he Planning and Zoning Commission wished to have the City Council participate in a joint public hearing on July 21 at 4 p.m. in the Council Chambers of the Municipal Building. Motion was made by Nash, seconded by Stephens that this July 21st meeting be a joint public hearing with the City Council participating. Motion carried. Councilman Stephens f~rther requested that at this pu?qic hearing the question of historical zoning be considered. 6. The following Resolution was presented: · AT A REGULAR MEETIltG OF THE CiTY COUNCIL OF THE CITY OF DENTON, TEX~S, HELD IN THE MUNICIPAL BUILDIHG OF SAID CITY OH THE 6TH DAY OF JULY~ A. D. 1976. RESOLUTION ¥~tEREAS, the City of Denton presentl~y operates a sanitary landfill, and said sanitary landfill will be fully utilized within approximately twelve (12) months; . and WHEREAS, 'the Cities of Denton,. Sanger,.Pilot Point and Aubrey, all Denton County Cities, have expressed an interest in cooperating in developing a regional sanitary landfill for joint use~ and ~.HER~AS, the City of Denton deems it appropriate for the County of Denton t~ construct and develop suah sanitary landfill, requests that the Commissioner Court of Denton County issue the necessary Revenue Bonds to purchase and develop said sanitary landfill site; and July 6, 1976 Continued WHEREAS, the City of Denton agrees to execute a contract with the County of Denton to guarantee annual payments in an amount required to retire the principal and interest on the bonded indebtedness in proportion to the pe%rcentage of the site used by the City of Denton; and WHEREAS, the City of Denton further agrees that it will sign a contract to operate the proposed sanitary landfill in accordance with all ordinance, state statutes, and rules and regulations of promulgated by the Texas Department of Health Resources~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RESOLVES: That the staff should be directed to negotiate agreements with the County of Denton to guarantee payment of a proportion of the cost of a regional sanitary landfill and to operate the same, and bring such agreements to the Council for approval; and that the County should be encouraged to be the sponsor of the regional landfill and to fund the same. PASSED AND APPROVED this the 6th day of July, A. D. 1976. ~si ELINOR HUGHES, 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 Nash, seconded by Ivey that the Resolution be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 7. Motion was made by Mitchell, seconded by Ivey to approve a contract with the architectural firm of Hatfield-Halcomb, Inc. for the Construction of a Senior Citizens Center and for some remodeling of the Community Building. Motion carried 4 to 1. 8. Motion was made by Stephens, seconded by Mitchell to approve the lease agreement with the Sperry-Univac Company for a 90/30 computer system for the City of Denton. Motion carried. 9. Councilman Nash briefed the Council on the proposal of Texas Power and Light to purchase our existing electric production and distribution system. Nash explained that he had contacted TP & L, not.as a representative of the City Council but for his own information. Texas Power and Light provided Nash with an informal offer of 25 million dollars for the City of Denton electric system. Nash explained that TP & L was prepared to make a formal offer to the City Council if the Council so.desired. (Informal offer by TP & L filed in packet #4766 in the City Secretary's File.) Nash further stated that he had contacted a reputable consulting. engineering firm that was currently studying electric rates in the City of Fort Worth. He stated that they are thoroughly familiar with the operations of TP & L. Nash stated that he would like to see this consulting firm or another reputable firm do a study of electric rates and compare the projected costs of the City of Denton under the Texas Municipal Power Agency system and the City of Denton under the Texas Power and Light system. He added that we should not study the rates for such a long period of time that we have the affect of destroying our options. He said that TMPA time constraints are placed by men and they can therefore be changed. July 6, 1976 Continued Motion was made by Ivey, seconded by Mitchell that the City Council participate in a joint meeting with the Utilities Board to consider the hiring of a consulting engineering firm. Motion carried. Comments from citizens present: Marvin Loveless--He is in favor of the citizens knowing the facts, and stated that we must have the consultant's study in order for the citizens of Denton to know the facts. Bob LaForte--Asked the Council when this joint meeting with the Ut~litie~ Board would be set up. The Mayor responded that it would be as soon as possible. L. Lo McAninch--Stated that by selling our system to TP & L we could reduce our budget by the payroll currently given to electric employees. Mack Kellogg--Stated that the Charter requirements stated that a majority of the qualified voters must vote to sell the system has the affect of not giving the option to sell the system. He stated that this Charter provision was not good. Debra Shelton--She inquired as to how the City would make up for the lost revenues that the power system transfers into the general fund. Councilman Nash stated that the revenue from TP & L would more than meet this shortage. Charles Muirhead--Stated that there were benefits from going under ~he TP & L system that cannot be provided by a municipal system. He added that TP & L would make it easier for us to attract industrial prospects. 10. 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 6TH DAY OF JULY, A.D, 1976. 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 Unit; and WHEREAS, the City of Denton has received funding for such unit for one year, and is seeking funding for a second year with the commitment to continue the project after the second year if the same has been successful; 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 Denton in the financing ofaCrime Prevention Unit, and the City of Denton commits itself to continuing the project at least at the same level as the second year of funding if the same is successful and has been funded by the Texas Criminal Justice Council for the second year. PASSED AND APPROVED this the 6th day of July, A. D. 1976. ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS July 6, 1976 Continued ATTEST: /s/ WILLIAM K. COLE, ASST. 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 Nash that the Resolution be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 76-31 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Mitchell, seconded by Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 12. Motion was made by Nash, seconded by Stephens that the City of Denton contract with the Institute of Applied Sciences at NTSU to conduct an archaeological and environmental assessment of our parks at a cost of $3,250. Motion carried. 13. The City Manager explained to the City Council that one of the requirements of the new Public Utility Commission was that each city submit a Certificate of Convenience which would show the proposed electric, water and sewer service areas. White stated that at the last hearing of the Utility Commission it was discovered that the City of Denton had overlapping service areas. The main problem in overlapping service areas was with Denton County Electric Cooperative. Denton County Electric Cooperative was concerned that the City of Denton was showing its service areas to extend out for 4 miles beyond the existing city limits to the north and to the east. At the last hearing of the Public Utility Commission they directed the service companies to negotiate and try to compromise on overlapping service areas and come back to the Public Utility Commission on July~12 with service areas that were agreeable to all concerned. The City Staff had negotiated with Denton County Electric Cooperative and they were in agreement as to what the service areas would be. The service areas are shown on a map in the possession of the City Attorney. Motion was made by Nash, seconded by Stephens that the City Manager be authorized to sign this map on behalf of the City of Denton and submit it to the Public Utility Commission. Motion carried. 14. Motion was made by Hughes, seconded by Mitchell that Change Order ~1 in the amount of $5,220 for line switching and back up controller equipment for the Supervisory Control System be approved. Motion carried. 15. Motion was made by Nash, seconded by Mitchell that the request of Ms. M. Hinson to extend water line on McKinney Street approximately 1,200 feet outside the city limits, at her expense, be approved. Motion carried. July 6, 1976 Continued 16. Motion was made by Nash, seconded by Stephens that the City Staff be directed to investigate a project funded by the Federal Government to insulate the homes of eligible Denton citizens and that this matter be expedited. Motion carried. Councilman Nash stated that if it is possible to implement this project on our own we should utilize local contractors. If this is not possible then we should utilize the agencies stipulated by HUD. 17. Councilman Nash suggested that the City Staff investigate a Federal program that would provide for the installation of ramps for wheelchairs and baby carriages at all curbs at sidewalks. The Council concurred. 18. Councilman Nash suggested that the City Staff be directed to enforce existing ordinances preventing automobiles from parking on city sidewalks. The Council concurred. 19. Councilman Nash suggested that the City Staff be directed to utilize our Gradall to improve some of our drainage problems instead of just grading out ditches. He also suggested that a report be made by the City Staff listing those drainage problems that can be corrected with our available equipment and Staff. The Council concurred. 20. Councilman Nash suggested that the Council instruct the City Manager to investigate allegations that certain members of the City Staff are performing personal business on City time, and to halt it where it exists. The City Manager recommended that this matter be discussed in Executive Session. Councilman Nash concurred with the City Manager. 21. (A) Councilman Nash requested that the City Manager be directed to investigate inequities in pay between different departments within the City. He stated that people doing like work in different departments should be paid like wages, - The City Manager replied that much work in equalizing our pay structure had already taken place and that some remaining inequities would be addressed in next years budget. (B) Councilman Nash requested that the City Manager give the City Council a progress report on the budget. The City Manager explained that we were at the point in the budget process that he was meeting with the individual Department Heads to discuss their budget requests. (C) Councilman Nash requested that the City Manager give the City Council a report on the County fire runs. The City Manager explained that he had met with the County Judge to discuss this problem. The County Judge had explained that the types of fires in the County do not require technical fire fighting expertise. The Judge also stated that the great majority of County fire calls were for grass fires. The Judge said that he was meeting with the County Volunteer Fire Fighters Association to determine if they would consider handling all County fire calls. 22. Motion was made by Nash to deny the paving assessment petition of James R. Lott for the paving of Daugherty Street. Motion died for lack of a second. Motion was then made by Mitchell, seconded by Ivey to call a public hearing to consider the petition of James R. Lott for the paving of Daugherty Street under the Paving Assessment Program. Motion failed 3 to 2. July 6, 1976 Continued 23. BIDS: (A) #8388 Supervisory Control Cable Motion was made by Nash, seconded by Stephens that the bid be awarded to Temple, Inc. in the total amount of $19,560. Motion carried. (B) #8389 Gasoline and Oil for One Year Motion was made by Nash, seconded by Ivey that the bid be awarded as recommended by the Staff: Gulf Oil Corporation--Items 1, 2, 4, 5 and 6 Caruthers--Items 3, 7 and 8 Motion carried. (C) #8395 Transfer and Recondition Utility Truck Bodies Motion was made by Nash, seconded by Ivey that the bid be awarded to Lift Equipment Company of Dallas, the best and lowest bidder, in the amount of $12,610. Motion carried. 24. The Council adjourned into Executive Session at 11:15 p.m. 25. The Council reconvened into Public Session at 1:30 a.m. to announce that no official action was taken. Meeting adjourned at 1:33 a.m. MAYOR ASSISTANT CITY SECRETARY Municipal Building July 13, 1976 Special Joint meeting of the City Council and the Utilities Board of the City of Denton, Texas, Tuesday, July 13, 1976 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager, Jim White, Assistant City Manager, Jack Owen, Utilities Engineer, Ernie Tullos, City Attorney, Paul Isham and Assistant City Secretary, King Cole. Utilities Board: Chairman Harpool, Members Davis, Silvey and Ramey. Mayor Hughes opened the meeting and asked that each Council Member express his feelings concerning the proposed study. Councilman Stephens responded by asking two questions: 1. Is it too late for a study? 2. Can we forestall the TMPA financing actions? Mayor Hughes responded that Garland had indicated they would not wait on us, City Manager Jim White stated that for clarification the TMPA Board of Directors would act on the contracts on July 15, 1976 and the cities would be called upon to sign the contracts around July 26 or 27. Motion was made by Hughes, seconded by Ivey to sign the Power Pool contracts on time unless TMPA agrees to wait for our study. Councilman Nash raised a point of order that since the signing of the contracts was not on the agenda this was an improper motion. Mayor Hughes withdrew her motion. Af~,c~e~ab~~on there was a motion by Nash to hire a consulting firm t6 ~ake a comparative study of Texas Power and Light and Texas Municipal Power Association. Nash amended the motion to include that the staff is instructed not to jeopardize our position in the Power Pool. Nash further amended the motion to include the study would not be conducted unless we get a formal offer from TP & L. Motion died for lack of a second. Motion was then made by Nash, seconded by Stephens that we ask TP & L to make a formal offer that may or may not lead to hiring a consultant. Motion carried 3 to 2. Motion was made by Nash, seconded by Stephens that the Utilities Board be instructed to study any formal offer and make a recommendation to the City Council. Motion carried. Motion was made by Nash, seconded by Mitchell that City Attorney Paul Isham be designated as agent for the Council in negotiations with TP & L. Motion carried. The Council adjourned into Executive Session at 5:45 p.m. to consider Board appointments, The Council reconvened into Public Session at 8:45 p.m. Motion was made by Stephens, seconded by Hughes that the following citizens be named to the following Boards and Commissions: PLANNING AND ZONING COMMISSION Don Ryan 1976-78 Reappointed Lennie McAdams 1976-78 New Appointment Bill Brady 1976-78 New Appointment July 13, 1976 Continued CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION John Hughes (draw lots for terms New Appointment Bill Midget one to 77 & one to 78) New Appointment Ruth Frady 1976-78 Reappointment Popo Gonzales 1976-78 Reappointment Joan Hartney 1976-78 Reappointment Mike Grandey 1976-78 Reappointment ELECTRICAL CODE BOARD Paul Schueler 1976-77 New Appointment Dan Scott (Alternate) 1976~77 New Appointment BUILDING CODE BOARD Tom Miller 1976-78 Reappointment Dick Strong 1976-78 New Appointment Chester Ingraham (Alternate) 1976-78 Reappointment BOARD OF ADJUSTMENT Charles Muirhead 1976-78 Reappointment Edward Coomes 1976-78 New Appointment George E. Ford (Alternate) 1976-78 New Appointment CIVIL SERVICE COMMISSION Warren Hoffpauir 1976-79 Reappointment LIBRARY BOARD Dr. David Speck 1976-78 Reappointment Martha Len Nelson (draw for terms New Appointment Peggy Holt two ending in 1977 New Appointment Julia Keener one endinq in 1978) ~ew Ap~o,int~ent Elinor Caldwell 1976-T8 ~eappo~n~men~ PUBLIC UTILITIES BOARD Keith Shelton 1976-80 New Appointment RESEARCH & ECONOMIC DEVELOPMENT BOARD Rowe Meador 1976-79 Reappointment Richard Brunson 1976-79 Reappointment Roy Busby 1976-79 Reappointment AIRPORT ADVISORY BOARD Nancy Hundley (draw for terms New Appointment Roland Vela one ending in 1977 New Appointment Gene Wright two ending in 1978) New Appointment Richard Stewart 1976-78 Reappointment Wally Reed ~. ~1~76-78 Reappointment PARKS & RECREATION BOARD Joe Teaff 1976-78 New Appointment Leonard Logan 1976-78 Reappointment Motion carried. Meeting adjourned at 8:50 p.m. ASSISTANT CITY SECRETARY Municipal Building July 16, 1976 Called joint meeting of the City Council and the Library Board of the City of Denton, Texas, Friday, July 16, 1976 at 12 noon in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant To The City Manager King Cole and City Secretary Brooks Holt. County Commissioners: Switzer, Salmon, Sparks and County Auditor Bailey. 1. The purpose of the meeting was to consider the 1976-77 City-County Library Budget. 2. Mrs. Joella Orr, City Librarians introduced Mrs. Pat Warde, Library Board Member, who read a letter from Dr. David Speck, Chairman of the Library Board, requesting guidance from the City Council and the County Commissioners. 3. Mrs. Orr presented the budget request of approximately $179,000 for the fiscal year 1976-77, with $2,776 of the total for reclassification of Librarian I and Librarian II categories, and to promote one Library Clerk. 4. In the discussion, such items as hours the Library was open, number of books purchased and types of material used and volume of citizens who utilized the services. Mayor Hughes--Would like for the Council to meet with the Library Board to determine what directions to move in the future. County Auditor Bailey--Stated that the County needed to check their records before an answer can be given and this could not be done before August 1. City Manager White--Stated that the Library was far behind in salaries. County Commissioner Switzer--We must first set priorities on expenditures. Councilman Nash--How do we raise some departments and not others? Motion was made by Nash, seconded by Stephens to accept the Library recommendation for budget consideration. Motion carried. Meeting adjourned at 1:50 p.m. MAYOR Municipal Building July 20, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 20, 1976, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Mitchell, seconded by Ivey that the minutes of the regular meeting of July 6, the special called meeting of July 13 and the called joint meeting of July 16 be approved, with the addition on the July 6 meeting of the names of Dr. David Speck and Mrs. Elinor Caldwell to membership on the Library Board. Motion carried. 2. REFERRALS: Motion was made by Mitchell, seconded by Ivey that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-134, the petition of Mr. Kirk V. Miller, requesting a specific use permit to operate a licensed private club at 801 Eagle Drive. This is the former location of the Abraxas Club. (B) Z-1278, the petition of Mr. Don Wilson, requesting that the general plan of Planned Development 8 be amended. This site, located on Fall Meadow Street, now has general plan approval to construct 28 multi-family units on this site. He is requesting the general plan be amended to permit a maximum of 47 multi-family units on this property. Motion carried. 3. The Mayor read and presented a certificate of appreciation to Dorothy Welborn for her activities in connection with the 4th of July celebration. 4. The Council considered the request of NTSU to reconsider NTSU's previous request to close portions of Avenue D and W. Prairie Street. (A) Councilman Mitchell stated that he would abstain from any voting on the street closing in the NTSU area since he had sought legal help and had been advised to abstain. (B) Written statements were distributed to the Council and read by the following individuals: Dr. C. C. Nolen~ ~.~sident, Dr. Miles Anderson, Dan Collingsworth, DrL ~ohn Douthitt and Dr. Roy Busby, all of the NTSU administration. (Written statements filed in packet #4767 in the City Secretary's Office)~· (C) Also speaking in f~o~were Dick Huck, Director of Parks & Recreation-City of Denton, E. W..~mrison, Jr., Chairman of the President's Council at NTSU, David Nicho.ls~'~.~i~]~.~ Builder, Judge Carroll Sullivant, Member of Board of Regents, R~oul Sm~h',"~'esident of NTSU student body, Jim Riddlesperger Jr., graduate student, Tom Huckaday of NTSU, Charles Johnson of NTSU, Irma Caton of NTSU and Robert Toulouse of NTSU. (D) The Mayor stated that three members of the Council abstained at the previous hearing relative to the closing of a portion of Avenue D and W. Prairie but the closing of Avenue C became involved. It might have looked as if NTSU was controlling the matter. "I firmly believe that I do not have a legal conflict of interest," .she said. (E) Council Member Stephens asked the City Attorney what the legal procedure was and if it were proper to participate since the matter of street condemnation by the State is under litigation. July 20, 1976 Continued (F) The City Attorney answered that the law suit involves whether NTSU has the right to condemn public property. Under the statutes NTSU does not have that authority. Home Rule cities do have the power to close streets, however, the present litigation would not ~rohibit the City Council from closing a portion of Avenue D and W. Prairie. (G) Mayor Hughes favored the request of NTSU to close a portion of W. Prairie and Avenue D for these reasons: (1) NTSU is 'Following the Master Plan previously accepted by the City of Denton, and they had the right to assume that the plan would be adopted. (2) The community has reacted because of the Avenue C matter. (3) It would be in the best interest of the City to approve closing portions of W. Prairie and Avenue D. For these three reasons we should approve this request. The Mayor added that Denton could never attract any industry that would equal our two outstanding Universities. (H) Jack Gray, local Attorney, stated that the only way that portions of Avenue D and W. Prairie could be closed is by permission of the City of Denton, but that three Council Members are disqualified to vote on the matter. He referred to transcripts of recent court proceedings relative to the condemnation case. Gray added that the Court should complete its findings before any action was taken. (I) The Mayor requested that City Attorney .Isham restate his words concerning the present condemnation litigation. Isham answered that he did not think that the pending litigation on the right of the State of Texas to condemn city streets would prevent the Council from taking action. (J) The Mayor mentioned the citizen petitions of October 7, 1975 that apparently were in opposition to Avenue C being closed, not W. Prairie and Avenue D. (K) John Sullivan, Attorney, stated that Avenue D was vitally important to the traffic system of Denton, that an integrated campus is not of paramount importance and that the matter should be disposed of outside the courts. Councilman Stephens asked Sullivan if it would be possible for adversaries to settle out of court and is it a common practice? Sullivan answered yes. (L) Ms.. Fannie Dolcator, Mrs. Floyd Graham and Joe Northern then spoke against the closing of Avenue D and W. Prairie. (M) Motion was made by Stephens to table the matter for Council review and consultation with the City Attorney. Motion died for lack of a second. Motion was made by Hughes that the request of NTSU to close portions of W. Prairie and Avenue D be granted. Motion died for lack of a second. Motion was made by Stephens to table the matter for consultation with the City Attorney. Motion died for lack of a second. Motion was made by Ivey, seconded by Nash to table the request until litigation proceedings had been finalized in the court. 2 voted for and 2 against, with Mitchell abstaining. Motion was made by Nash to go to item 5 on the agenda. Motion died for lack of a second. Motion was made by Stephens, seconded by Nash to table the matter. Motion carried 3 to 1 with Mitchell abstaining. July 20, 1976 Continued 5. PUBLIC HEARINGS: (A) A public hearing was held on S-130, the petition of Mr. Harral Landry, requesting that he be granted a specific use permit to operate a licensed private club at 210 Austin Street. This case was tabled on July 6, 1 976. Mr. Landry requested that the matter be tabled. Motion was made by Nash, seconded by Mitchell that the matter be tabled. Motion carried. 6. Mr. Frank Commiato, Jr. of the Community Services, Inc. of Corsicana, Texas, presented a report on a Federal program to insulate homes, stating that an advisory committee had been appointed in Denton and that 4 homes of poor and elderly citizens in Denton would be weatherized, and that Mr. Francis Erbert has been designated to serve our area as County Administrator. 7. The Council discussed the extension of the effective date of the Wrecking Yard Ordinance #76-10. The City Attorney stated that wrecking yard people were having difficulty in interpreting the Ordinance and that to his knowledge none of the -- wrecking yards had met the complete requirements. Motion was made by Nash, seconded by Stephens to extend the deadline for meeting the requirements of the Wrecking Yard Ordinance #76-10 to November 1, 1976 and to advise wrecking yard owners by letter, along with a copy of the Ordinance, that they could be prosecuted if the Ordinance is not complied with. Motion carried. 8. Motion was made by Nash, seconded by Ivey that Change Order #1 in the increased amount of $3,670 for painting the fuel oil storage taDk by Chicago Bridge and Iron Company be approved as recommended by the Utilities Board. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 76-32 (Julia Gates) 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. 3, CITY BLOCK NO. 416 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 Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 76-33 (Hardy Burke) 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. 38, 39 AND PART OF 40, CITY BLOCK NO. 4028-2 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 Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. July 20, 1976 Continued ll. Motion was made by Nash, seconded by Mitchell that the final payment to J. L. Bertram Construction Company for the construction of the Bell/McKinney project be approved in the amount of $67,386.05. Motion carried. 12. The Council received a report of dilapidated housing in Denton. The Director of Community Development presented by memo the following: "If the City Council should desire to take action on this matter, there are several options available for site clearance. The following approaches should be considered: (A) Adopt and enforce ordinances that would require the property owner to keep the site clean and orderly. (B) Utilize federal funding through the Community Develop- ment Act to clean-up these sites at no charge to the owner. (C) Provide city government funding to clean up the sites as a public improvement. (D) Clean up the ~ites utilizing city employees and equipment during off-peak work seasons. (E) Actively encourage and support neighborhood clean up efforts to be conducted by private citizens. (F) Any combination of approaches A thru E. If the Council desires to look further into this problem, the staff will provide any information that might assist in your decision making process." Motion was made by Nash, seconded by Hughes that the Code Enforcement Ordinance be enforced. Motion carried. 13. The Council discussed the procedure for conducting public hearings. The Mayor suggested that proponents in public hearing cases be allowed to speak after opponents spoke. The Council also discussed general rules and procedures for Council meetings. Motion was made bY Hughes, seconded by Stephens to allow proponents to speak after opponents have spoken. Motion carried. 14. BIDS: (A) #8397 Packer Body and Truck Cab and Chassis Motion was made by Nash, seconded by Mitchell that the bid be awarded as follows: Item l--Packer Body to Ebeling Manufacturing Company in the amount of $13,000 mounted on our truck and delivered to Denton. Item 2--1977 model 27,500 GVW truck cab and chassis to the low bidder, Banner Chevrolet at $10,474, FOB Packer Body Manufacturing Plant or as requested. Motion carried. July 20, 1976 Continued 15. Motion was made by Nash, seconded by Ivey that the Tax Adjustment Report for July, 1976 be approved as follows: Personal Property Automobiles $1,711.07 Business Personal 14.70 Mobile Homes 239.29 $1,965.06 Motion carried. 16. The Council adjourned into Executive Session at 11:45 p.m. to discuss right-of-way acquisitions with City Attorney and Lone Star Gas negotiations. 17. The Council reconvened into Public Session at 12:06 a.m. to announce that no official action was to be taken. Meeting adjourned at 12:15 a.m., July 21, 1976. MAYOR Municipal Building July 27, 1976 Special called joint meeting of the City Council and the Utilities Board of the City of Denton, Texas, Tuesday, July 27, 1976 at 1:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, Utilities Engineer Ernie Tullos, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool', Members Ramey, Munson, and Shelton. ABSENT: Utilities Board: Member Davis. 1. The Maypr opened the meeting and gave its purpose. She then introduced Mr. Elbert Morrow, Bond Attorney. 100 July 27, 1976 Continued 2. Tom Harpool, Chairman of the Denton Public Utilities Board, advised that the Utilities Board recommends to the City Council that they approve the ordinance relating to the relationship of the City of Denton to TMPA. 3. Mr. Morrow and the City Council Members discussed the following: (A) Power Sales Contract between the City of Bryan, Denton, Garland, and Greenville with TMPA. (B) The proposed Bryan Lignite Project Agreement. (C) A Bond Resolution regulating TMPA Revenue Bonds, series 1976. (D) Consider adoption of an Ordinance approving: 1. Bryan Lignite as a project. 2. Certain system development and Reliability Expenditures 3. Development Projects 4. Form of Bond Resolution to authorize and secure the payment of $50,000,000 Texas Municipal Power Agency Revenue Bonds, series 1976 4. DISCUSSION: (A) B~pproving a contract with TMPA you are agreeing to payment of your proportionate financial share, regardless of cost. ~ (B). You are asked to approve Bryan Lignite #1 not Comanche~ Peak #1 or #2. (C) It would be most difficult for the City to sell its power plant if the Ordinance is approved. (D) In approving the project the City is giving permission to issue bonds by TMPA. Mayor It appears that if we don't go Bryan Lignite we could be out of the power business. City Manager If we don't have alternate fuel we could be out of the power business. Councilman Nash I am concerned with the supply of lignite. One lignite expert says it is enough and another not indicating that it is enough. He then asked the City Attorney if he had received any information from TP & L. City Attorney Isham Stated that he had heard from them and that the TP & L representative had stated that 'the $25,000,000 offer was preliminary, that they were not making a formal offer until requested by the City Council and they would not buy Denton's system if such would be detrimental to their existing customers. Utilities Board Chairman Harpool By adopting the Ordinance the best interest of the City would be served and it boils down to the fact that Denton wants and needs its own system July 27, 1976 Continued and the accrued benefits it makes possible. The best interest of the City would be served. Motion was made by Nash, seconded by Hughes to approve the Ordinance, to proceed with the study and to recognize the study of TMPP and the TP & L offer. The City Attorney advised that the motion was not proper since only the Ordinance itself was on the agenda, not the study. The motion was withdrawn. Councilman Mitchell Stated that he was reluctant for Denton to be the first to sign and he was not committed to making a study. He stated that he needed several things nailed down. 5. The Council adjourned into Executive Session at 4:15 p.m. ~,, 6. The Council reconvened into Public at 6:10 p.m. to announce that no ~ official action was taken. -- MoM'~K~W~"~de~q'~c'~e~l, seconded by Ivey that the meeting be recessed until 2 b.m. Friday, July 30, 1976. Motion carried. MAYOR Municipal Building July 29, 1976 Emergency joint meeting of the City Council of the City of Denton, Texas and the County Commissioners, Thursday, July 29, 1976 at 1:00 p.m. in the County Court- house. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Members Nash, Mitchell and Stephens; City Manager Jim White, Librarian Joella Orr and Assistant City Secretary King Cole. County Commission: Commissioners Sparks, Elbert, Salmon and Switzer, County Judge Trammell, County Auditor Bailey and County Clerk Mary Jo Hill. 1. Bud Jennings, Administrator of the City-County Health Department, made a presentation to the Commissioners Court and the City Council on the proposed library budget for 1976-77. July 29, 1976 Continued Motion was made by Stephens, seconded by Mitchell that the proposed budget, containing a City contribution of $50,000 be approved. Motion carried 4 to 1. 2. Joella Orr, Librarian of Emily Fowler Public Library, made a presentation on the proposed budget for 1976-77. Motion was made by Nash to cut the budget back to last year's funding level. Motion died for lack of a second. Motion was then made by Nash, seconded by Ivey that the budget be cut back to last year's level of funding. Motion carried 3 to 2. 3. Wallace Duvall, Administrator of Flow Memorial Hospital, made a presentation of the Hospital Budget for 1976-77. Motion was made by Hughes, seconded by Stephens that the proposed budget, with a City contribution of $195,500 be approved. Motion carried 3 to 2. Meeting adjourned at 4:45 p.m. MAYOR AS~'I~=F~NT C ITY'~SECRETARY Municipal Building July 30, 1976 Recessed meeting of the City Council from the meeting of July 27, 1976 held on JulS 30, 1976 at 2:00 p.m. in the council chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell, City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham, Electrical Engineer Ernie Tullos, City Secretary Brooks Holt; also Paul Cunningham, Executive Director TMPP and Elbert Morrow, bond attorney. 1. The purpose of the meeting was to continue discussion of TMPA Ordinance and continue discussion of proposed study of TP & L and City of Denton Electric systems. 2. DISCUSSION: Mitchell - Was it not planned to have two units at Bryan Lignite #1? Cunningham - We have adequate fuel for two but we are being conservative, so we recommend building only one at present. Mitchell - What about the projected costs? Cunningham - The Paul Weir Co., lignite experts, have updated estimates on capital and fuel costs, such as acquiring additional lignite in the area. Mitchell - If we sign ordinance what is our commitment? Cunningham - Ordinance commits Denton to its share of the full Bryan contract. 103 July 30, 1976 Continued Ivey - What kind of money do we look to in the future? Cunningham - As the p.roject progr~ses we will know the liability at that P°i nt ~L~ ~"~ ~ ' Mitchell - How do we determine life of the plant? Cunningham - From 25 to 35 years. Isham - What have other cities in the pool done relative to passing the ordinance? Cunningham - Garland's council passed it 7 to O. Bryan passed it on first reading 6 to 0 with one council member on vacation, and Greenville passed it 5 to O, but with one member abstaining. Nash - How much lignite do we actually have? Cunningham - We have acquired 10,000 acres and we feel confident of another 3,000 acres. There are approximately 20,000 acres in the lignite field. We now have enough lignite for one unit. Nash Will this proj~'~t take care of us around 19817 Cunningham - Yes, with power help from other cities. Nash - How do pool members charge for sale of power to each other? Cunningham - On a trade out basis at each city's cost of production. 3. The following ordinance was presented: ORDINANCE NO. 76 - 34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE RELATIONSHIP OF THE CITY OF DENTON WITH THE TEXAS MUNICIPAL POWER AGENCY; APPROVING THE CONSTRUCTION OF AN ELECTRIC GENERATING FACILITY BY THE AGENCY, TO BE KNOWN AS BRYAN LIGNITE NUMBER ONE, AS WELL AS CERTAIN SYSTEM DEVELOPMENT AND RELIABILITY EXPENDITURES AND DEVELOPMENT PROJECTS AND THE ISSUANCE OF BONDS BY THE SAID AGENCY FOR SUCH PURPOSES; APPROVING A POWER SALES CONTRACT AND PROVIDING FOR ITS EXECUTION ON BEHALF OF THIS CITY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THE ORDINANCE, AND DECLARING AN EMERGENCY. Mitchell motion Ivey second that the ordinance be passed and the Mayor be authorized to sign. On roll call vote Mitchell aye, Ivey aye, Stephens aye, Nash no and Hughes aye. Motion carried 4 to 1. 4. Nash said that the TP & L offer is attractive. I am not sure Bryan Lignite is the right way to go. I think a study is warranted. Nash motion, Stephens second that a consultant be hired to study TP & L and TMPA costs to furnish power for Denton. The motion failed with two voting yes and three voting no. 5. The Council instructed the City Attorney to send certified copy of minutes of July 13, 1976, to the vice president of TP & L to show that the council already has officially asked the company to make a final offer. 6. The Council adjourned into executive session to discuss with the City Attorney a settlement offer from NTSU relative to street closing. 7. The Council reconvened into public session at 5:30 p.m. to announce that no official action was to be taken. July 30, 1976 Continued Meeting adjourned at 5:35 p.m. ~^¥OR 105 Municipal Building August 3, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 3, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayoc Pro Tem Ivey, Council Members Stephens, Nash and Mitchell; Assistant City Manager Jack Owen and City Secretary Brooks Holt. ABSENT: City Manager Jim White and City Attorney Paul Isham. 1. Motion was made by Ivey, seconded by Mitchell that the minutes of the regular meeting of July 20, 1976, the special called joint meeting of July 27, 1976, the emergency called joint meeting of July 29, 1976 and the meeting of July 30, 1976 (recessed from the meeting of July 27, 1976) be approved. Motion carried. 2. REFERRAL: Motion was made by Ivey, seconded by Mitchell that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) S-135, the petition of Mr. Jim Bridges, requesting a specific use permit to operate a day nursery within a Single Family (SF-1D) zone district at 808 Sherman Drive. Motion carried. 3. Representatives of the Denton Key Club appeared regarding permission to paint house numbers on city street curbs. Motion was made by Mitchell, seconded by Ivey to grant permission for the Denton Key Club to paint house numbers on city street curbs for the duration of the school year. Motion carried. 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 3RD DAY OF AUGUST, A.D. 1976. RESOLUTION WHEREAS, Denton County Community Council is a medium'through which interested citizens, organizations, agencies, and departments of government can work and coordinate together the needs of the community; and WHEREAS, the Community Council is working towards the prevention and elimination of conditions which cause or perpetuate social problems; and WHEREAS, the Community Council has, as a purpose, the collecting, organizing and disseminating of information concerning social service needs and the resources within the community for meeting such needs; and WHEREAS, the Denton County Community Council is sponsoring a proposal entitled "A Comprehensive Development Grant for Single Heads of Households with Children" to be submitted to the Texas Department of Community Affairs by Community Services Inc.; and WHEREAS, the City Council of the City of Denton supports the functions of the Denton County Community Council, and encourages the Community Council to seek such a gra.nt for the benefit of the citizens of the city and county; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council support the Denton County Community Council in seeking a grant for the "Comprehensive Development for Single Heads of Households with Children", and that the Texas Department of Community Affairs give favorable consideration to such grant request and the benefits that such a grant will bestow on the citizens of the City of Denton and Denton County. August 3, 1976 Continued PASSED AND APPROVED this the 3rd day of August, A. D. 1976. /s/ ELINOR HUGHES, 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 Ivey, seconded by Stephens that the Resolution be passed. On roll call vote Nash "aye"~ Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. Peggy Dollarhide, Chairperson of the Denton County Community Council, was present to receive a copy of the Resolution. 5. Dick Stewart, Chairman of the Airport Advisory Board, recommended that the Council pass the Resolution relative to submitting an application to the Texas Aeronautics Commission for a Grant-In-Aid for airport development improvements at the Municipal Airport. 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 3RD DAY OF AUGUST, A.D. 1976. RESOLUTION WHEREAS, on June 10, 1976, the City of Denton, Texas, submitted to the Texas Aeronautics Commission an application for a grant-in-aid for an airport development project at the Denton Municipal Airport; and WHEREAS, the Texas Aeronautics Commission has issued a Grant Offer for TAC Project No. 762-12, dated June 17, 1976, which, if duly accepted, provides a commitment of 12 1/2% of all allowable project costs of said project~ not to exceed a maximum obligation of $20,000~ and WHEREAS, the City of Denton, Texas, has available a like amount of matching funds, in cash or in kind, which have been appropriated and designated for airport development purposes; and WHEREAS, it is determined to be in the best interests of the citizens of the City of Denton, Texas, to accept this Grant Offer and thereby enter into a Grant Agreement with the Texas Aeronautics Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton, Texas, does hereby enter into a Grant Agreement with the Texas Aeronautics Commission by accepting the Grant Offer for TAC Project No. 762-12, dated June 17, 1976; and, be it further RESOLVED, that the City of Denton, Texas, shall be bound by the provisions of said Grant Agreement, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all legal purposes; ands be it further August 3, 3976 Continued RESOLVED, that Jim White, the City Manager be, and he is hereby authorized and directed'to execute said Grant Agreement on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 3rd day of August, 1976, .. ~{NOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: ' ,. /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ; '/s/ PAUC C. ISHAM, CITY ATTORNEY -CITY OF DENTON, TEXAS. Motion was made by Nash, seconded by Ivey that the Resolution be passed. On roll call vote Stephens "aye" Mitchell "aye", Nash "aye", Ivey "aye" and ' Hughes "aye". Motion carried. 6. The Council ~onsidered the request of the Denton Jaycees to have a carnival in Evers Park. Jerry Hitt of the Jaycees stated that the Jaycees have adequate .insurance to protect the public. Motion was made by Mitchell, seconded by Ivey that the request be approved and the Mayor. be authorized to sign any necessary document. Motion carhied. 7. Motion was made' by Nash, seconded by Ivey to accept the withdrawal' of the petition of Mr. Harrell Landry (S-130), to operate a licensed private club at 210 Austin Street. Motion carried.. 8. Motion was made by Stephens, seconded by Ivey that the following citizens be named to the Community Ethnic Relations Board: 'Dorothy Welborn, Lupe Pickett and James Rameriz. Motion carried. 9. Motion was made by Stephens, seconded by Ivey that Mayor Hughes be. named representative to the Denton County Associat'ion of Governments. Motion carried 4 to 1. (See Item #17 that changes this motion.) lO. The Council considered the request of Flow Hospital Board to amend their by-laws. Motion was made by Ivey, seconded by Stephens to approve the amendments as follows: (A) Addition to Article X, Medical Staff, between firs~ and second sentence: The medi'cal staff shall be responsible for developing a procedure for processing, timely reappointment, and granting of privileges for medical staff members to be included in .the medical staff by-laws. (B) Change first sentence in Article VIII, Section 6 to: The joint Conference Committee shall consist of the President, Vice President, and Immediate Past President of the Medical Staff; the Executive Committee of the Board; and the Administrator. (C) Add at the beginning of Article XII, Amendme. nts: Thes'e by-laws shall be reviewed annually and revised as necessary. (D) Add a new Section 5 to Article III: Members of the I~oard of Directors are required to attend not less than 75% of the regular and special meetin.qs of the t~oard' during each fiscal year. After n~ssing 25% of: tt~e meetin.qs, ~ ~..,~ una t inn. the Ik)ard n)(:mber N,~ill be required to sutm})t his '~' ..... August 3. 1976 Cont~nue~ 11. The Council considered a joint directive with the County Commissioners to the Administrator of the City/County Health Department requesting a greater participation of funding to the City/County Health Department in a more proportionate ratio to the population for the service rendered. Motion was made by Stephens, seconded by Ivey to table the matter and request Bud Jennings, Administrator of the City/County Health Dep~rtment, to supply the Council with population figures and ratio of costs. Motion carried. Councilman Stephens recommended alternating members on the Flow Hospital Board who are appointed by the Council. 12. The following Ordinance was presented: ORDINANCE NO~ 76-35~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING ARTICLE I, CHAPTER 9 OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION TO SUBSTITUTE A NEW SECTION 210-8 (a); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Ivey that the Ordinance be passed. On roll call vote Stephens "aye",-Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 13. The following Ordinance was presented: ORDINANCE NO. 76-36 .AN ORDINANCE AMENDING CHAPTER 4 "ANIMALS AND FOWL", ARTICLE I, SECTIONS 4-5 AND 4-6, AND ARTICLE III, SECTIONS 4-40, 4-41, 4-43, 4-44, 4-48 AND 4-49, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Ivey, seconded by Hughes that the Ordinance be passed, but to include "mules" in Section 4-5 and 4-6. On roll c~ll vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. The following Ordinance-was Presented: ORDINANCE NO. 76-37 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye", Motion carried. 15. Motion was made by Nash, seconded by Stephens to approve Purchase Order #30084, one source item, in the amount of $7,008 to Allis Chalmers for repair parts for. substation transformers. Motion carried. 16. BIDS: (A) #8398 Tires and Batteries Motion was made. by Stephens, seconded by Ivey that the bid be awarded to the lowest and best bidders as follows: Item 1 Batteries to ESB Brands, Inc. (Exide Storage Batteries) Item 2 Tires to Richard Stephens Firestone. Item 3 Tire Service to Jack Briscoe Tire Company. Motion carried. (B) #8402 Bids on water and sewer improvement project Motion was made by Hughes, seconded by Mitchell that the bid be awarded to Steed, Inc., at a low bid of $65,740, as recommended by the Staff and to authorize the Mayor to sign the contract with Steed. Motion carried. 17. Motion was made by Stephens, seconded by Ivey to reconsider item Number 9. Motion carried. Motion was then made by Stephens, seconded by Ivey to appoint Councilman Mitchell as representative to the Denton County Association oF Governments. Motion carried. August 3, 1976 Continued 18. The Council adjourned into Executive Session at 8:35 p.m. to consider land acquisitions. 19. The Council reconvened into Public Session at 9:15p.m. to announce that no official action was to be taken. Meeting adjourned at 9:40 p.m. MAYOR CITY S 110 Municipal Building August 4, 1976 Joint meeting of the City Council and the Planning and Zoning Commission of the City of Denton, Texas, Wednesday, August 4, 1976 at 4:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tam Ivey, Council Members Nash, Mitchell ah~Stephens; Assistant City Manager Jack Owen and City Secretary Brooks Holt. ABSENT: ~ity Council: City Manager Jim White and City Attorney Paul Isham, PRESENT: Planning and Zoning Commission: Chairman Manning, vice Chairman Hill, Members Brady, Kamman, Powell and Ryan. ABSENT: Planning and Zoning Commission: McAdams 1. A p~Y~~g ~~ consider possible amendments to the Zoning Ordinance which wou~-a define private clubs as a permitted usage under certain conditions. No one was present to speak for or against such amendments. The Council discussed zoning and restrictions and the Staff was requested to come up with the frame work of an ordinance that would be considered by the Planning and Zoning Commission and then the Council probably in September. 2. The Council considered possible historical zoning designation in Denton. Manning read a minute order of the Planning and Zoning Commission of 1975, and he stated that there was no need for historical zoning classifications, and that Single Family classification might be more effective. DISCUSSION: Hill--Stated that there appeared to be little interest in Denton for such an ordinance ........ ~ Stephens--Stated that he had in mind voluntary historical zoning and that this should'determine if there is an interest along Oak and other streets. Powell--Stated that she believed that some people have asked for historical zoning when they actually want to preserve the single family class of neighborhood. Mayor Hughes--Voluntary requests for historical designations without pressure sounds reasb~able. Some type of medallion could be placed on houses on request of owners, if the request is justified. Stephens--Stated that he would like to have an Ad Hoc Committee to determine if historical zoning is wanted by the owners. Motion was made by Nash, seconded by Hughes that an Ad Hoc Committee be formed with Councilman Stephens as Chairman of this Committee. Motion carried. Meeting adjourned at 6:20 p.m. ~ ~ MAYOR !!1 Municipal Building August 9, 1976 Called meeting of the City Council of the City of Denton, Texas, Monday, August 9, 1976 at 4 p.m. in the Conference Room of the City Manager's Office in the - MunicipM Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens and Nash; City Attorney Paul Isham. ABSENT: Councilman Mitchell. 1. The Council convened into open session and then went into Executive Session at 4:30 p.m. to discuss an offer from North Texas State University requesting Avenue D and W. Prairie Street closings. 2. At 6:50 p.m. the Council returned into open session. Motion was made by Ivey seconded by Stephens that the City Attorney and Mayor Pro Tem Ivey deliver a counter offer to NTSU, including conditions discussed in the Executive Session. On roll call vote Stephens "aye", Nash "nay", Ivey "aye" and Hughes "aye". Motion carried. Meeting adjourned at 6:55 p.m. MAY( CITY ~ 112 Municipal Building August 13, 1976 Emergency called meeting of the City Council of the City of Denton, Texas, Friday, August 13, 1976 at 4:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell; Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: City Manager Jim White and City Secretary Brooks Holt. 1. Mayor Hughes opened the meeting and called on Councilmen Stephens and Mitchell to comment on the problems of the Agenda Committee. Both Councilmen explained that they had reached an impasse on setting the Agenda. Mayor Hughes recommended that the City Council meet as soon as possible, hopefully within 2 weeks, to review the ordinance establishing the Council's rules of procedure. Councilman Stephens then recommended that the City Council have a policy to routinely review personnel each year, preferably before the beginning of each budget year. Motion was made by Hughes, seconded by Ivey that all of Councilman Nash's agenda items, with the exception of the Grote Law Suit, be deferred until the meeting of the Council on September 7, 1976 at 7 p.m. Motion carried. Meeting adjourned, ~t 5:4O, p.m. ASSISTANT CITY SECRETARY Municipal Building August 17, 1976 Regular meeting of the City Council of the City of Denton, Texas, August 17, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager aim White, Assistant City Manager aack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Ivey that the minutes of the regular meeting of August 3, 1976, the joint meeting of the City Council and the Planning and Zoning Commission of August 4, 1976 and the special called meeting of the City Council on August 9, 1976 be approved. Motion carried. 2. REFERRALS: Motion was made by Ivey, seconded by Mitchell that the following 5 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S-136, the petition of Mr. Michael George, requesting a specific use permit to operate a private club at 601 Fort Worth Drive. (B) S-137, the petition of Mr. Michael George, requesting a specific use permit to operate a private club at 700 Ft. Worth Drive at the La Quinta Motel. (C) Z-1379~ the petition of Mr. Jack E. Crain, requesting a change in the zoning classification at 323 Bonnie Brae from Multi-Family (MF-1) to the Office (01 classification. (D) Z-1280, the petition of Alvin Whaley, requesting a change in zoning classification at 1615 N. Locust from a Multi-Family (MF-1) to Office (0) classification. (E) Z-1281, the petition of Hardy Burke III, requesting that the zoning classification of a lot on Hwy 380 East be changed from the Agricultural (A) to the General Retail (GR) classification. This is the location of the Three Eighty Gulf Station. Motion carried. ~.. 3. PUBLIC HEARINGS:" ....~i~ ~.' The Mayor explained that a new public hearing policy was approved by the Council for petitioners to have a 5 minute rebuttal after the opposition had spoken, with only 1 person to speak on arguments that were presented by the opposition. She added that the Council was trying to determine if this method would work and if it were fair. She stated that the Council would follow the procedure at this meeting. (A) A public hearing was held on S-132, the petition of Mr. Michael W. George, requesting a specific use permit to operate a licensed private club in the Commercial (C) zone district at 508 S. Elm. One spoke in favor and none in opposition. The Director of Community Development briefed the Council, stating that 25 letters were mailed, with 3 in favor and 5 in opposition, which would require the 4/5 rule. Motion was made by Ivey, seconded by Mitchell that the petition be approved with the following conditions: 1. The operation of the private club shall require registration and license approval from the Alcoholic Beverage Commission. 2. The permit shall cease whenever Aubrey Bradley and James McKissack are no longer owners and/or operators of the club. 3. The building shall meet all building and fire codes. 4. Parking shall be based on the standard of one space for every three seats in the building. 5. This permit shall be valid only when these conditions are met. Motion carried 4 to 1. August 17, 1976 Continued (B) A public hearing was held on S-133, the petition of Ms. Kaye L. Conaway, requesting a specific use permit to operate a day nursery within a Two Family (2F) zone district ~t 707 Carroll Boulevard. One spoke in favor and none in opposition. The Director of Community Development stated that 32 letters were mailed, with 9 in favor and 3 in opposition. Motion was made by Stephens, seconded by Ivey that the petition be approved with the following conditions: 1. The permit be issued to Mrs. Kaye Conaway and be non transferable. 2. Parking be based on 1 space for every 2 employees. 3. The number of children cared for meet the standard set forth by the Department of Public Welfare for a limited number, this being a maximum of 34 children. 4. All public acces~ to the day nursery be from Coit Street only. Motion carried. (It was the concensus of the Council that it is not endeavoring to establish a precedent for zoning changes on Carroll Boulevard and the above approval does not open the door for business zoning.) (C) A public hearing was held on S-134, the petition of Mr. Kirk V. Miller, requesting a specific use permit to operate a licensed private club in General Retail (GR) zone district at 801 Eagle Drive. One spoke in favor and none in opposition. The Director of'Community Development briefed the Council, stating that 19 letters were mailed, with 2 in favor and 2 in opposition. Motion was made by Mitchell, seconded by Ivey that the petition be approved with the following conditions: t. The operation of the private club shall require registration and license approval from the Alcoholic Beverage Commission. 2. The permit shall cease whenever Kirk V. Miller is no longer the owner and/or operator of the club. 3. The building shall meet all building and fire codes. 4. Parking shall be based on the standard of one space for every three seats in the building. 5. This permit shall be valid only when these conditions are met. Motion carried 4 to 1. (D) A public hearing was held on Z-1277, the petition of Mr. Jack Bell, Jr., requesting that a tract in the 1000 block of Cook Street be changed from the Office (0) to the Commercial (C) classification. One spoke in favor and none in opposition. The Director of Community ~evelopment briefed the Council, stating that 20 letters were mailed, with 1 in favor and 1 in opposition. Motion was made by Nash, seconded by Ivey that the petition be approved. Motion carried. (E) A public hearing was held on Z-1278, the petition of Mr. Don Wilson, requesting that the general plan of Block 2, Unit 2 of planned development 8 be amended. This property comprising approximately 2.2 acres, is located on the North side of Fall Meadow. One spoke in favor and none in opposition. The Director of Community Development stated that 19 letters were mailed with 4 in favor and 2 in opposition. Motion was made by Nash, seconded by Ivey that the petition be approved. Motion carried. 115 August 17, 1976 Continued 4. The Council considered the recommendation of the Parks and Recreation Board to terminate the City of Denton's lease with the Corps of Engineers for Hickory Creek Park. Dick Huck, Director of Parks and Recreation, advised that the Parks and Recreation Board recommends to the City Council that the City of Denton's lease with the Corps of Engineers be terminated. Huck stated that the cost of maintaining Hickory Creek Park was considerable and that the usage by Dentonites was very small. Councilman Nash asked if enough time would be given to concessions at Hickory Creek Park to make arrangements to continue their business. City Manager White stated that he would recommend the date of January 1, 1977 as the date of contract termination with the Corps. Motion was made by Nash, seconded by Mitchell to accept the recommendation of the Parks and Recreation Board and the Staff and that a letter of intent to abandon Hickory Creek Park be mailed to the Corps of Engineers. Motion carried. 5. Motion was made by Stephens, seconded by Nash to accept the recommendation of the Parks and Recreation Board to name the municipal park on Mockingbird Lane E. J. Milam Park. Motion carried. 6. The Director of Community Development discussed sidewalk ramps for Denton, but added that the City had concluded that at present there is no Federal or State program designating sidewalk ramp improvements. No action taken. 7. The City Attorney reported to the Council relative to the City Council's appointment of Hospital Board Members in compliance with state law Article 4494i-1. He stated that the article provides for the County to appoint four directors for two-year terms of office and the city to appoint three directors for two-year terms. The act states in Section 3 that: "In t~e resolution of the gg~rning body of the city creating said Hospital Board thre~'~D~ectors shall be appointed, with two being designated to serve for two-year terms of office, and with one being designated for a one-year term of office. At the expiration of the term of office of any Director appointed by the governing body of said city, said governing body shall appoint his successor to serve for a two-year term of office." There are two ways to accomplish this: 1. Have the present appointees draw lots with agreement that the one which obtains the odd number will have his term reduced to one year. 2. Wait until the present terms of office expire and then appoint one to a one-year term of office and the other two to two year terms of office. Motion Nash, second Ivey to use Plan #2 to appoint members. Motion carried. 8. Motion was made by Nash, seconded by Mitchell to approve Purchase Order Number 30217 to Darr Equipment Company of Dallas for repairs for 1972 Caterpillar Track Loader used at the Sanitary Landfill in the amount of $10,591.82, and to authorize the lease of another piece of equipment ifit~ required. Motion carried. 9. The Grote Law Suit was reviewed by the City Attorney. He gave as much of the details as was appropriate, and stated that the Council could be advised on legal matters in executive session only. Councilman Nash asked if this should not be made public information. City Manager White stated that this information should be related to the City Council, but there are some things that cannot be made public. In fact attorneys advise that such proceedings should be discussed in executive session only. White also related that he and Electrical Engineer Ernie Tullos were presently on the TMPA Board, but he felt strongly that an elected official or a member of the Utilities Board, or both, should serve on this Board. The Council concurred to discuss this matter at the next meeting. August 17, 1976 Continued The City Manager also advised that Brazos Electric Power Co-op had offered TMPA 25% participation in their Brazos STEC Electric Lignite Production Plant, now under construction. 10. Motion was made by Nash, seconded by Ivey that the Tax Adjustment Report for the month of August, 1976 be approved as follows: Personal Property Automobiles $1,282.30 Motion carried. 11. The City Manager advised the Council that there was a need to have a series of meetings for Council review of the 1976-77 Budget with a minimum of 4 or possibly 5 sessions with the 'first session to be held August 23 at 7 p.m. The Council concurred that the first session be held on August 23 at 7 p.m. and that they be advised as to what category of the budget is to be reviewed at each meeting. 12. The City Manager requested a meeting on a proposed Manager review as soon as possible, suggesting that the professional way would be in an executive session, adding that he would attend or not attend at the discretion of a majority of the Council. The Council concurred that Mr. White's request be honored and an executive session be held on Tuesday, August 24 at 4 p.m. Meeting adjourned at 9:25 p.m. MAYO~ !17, Municipal Building August 20, 1976 Emergency meeting of the City Council of the City of Denton, Texas, held jointly with the Denton Public Utilities Board on Friday, August 20, 1976 at 12:30 p.m. in the Municipal Building. PRESENT: City Council--Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash and Stephens; City Manager Jim White, Electrical Engineer Ernie Tullos, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board--Chairman Harpool, Members Ramey, Davis and Shelton. ABSENT: City Council--Mitchell Utilities Board--Munson 1. The Mayor opened the public meeting and the Council adjourned into Executive Session, where the City Attorney briefed the Council, discussing contract negotiations and possible litigations with Lone Star Gas Company and contract negotiations with the City of Garland. 2. The Council reconvened into Public Session at 1:30 p.m. 3. Motion was made by Davis, seconded by Ramey that the Public Utilities Board recommend to the City Council the execution of a letter of agreement for electric power exchange with the City of Garland. Motion carried. 4. Motion was made by Ramey, seconded by Shelton that the Public Utilities Board recommend to the Council that it agreed on a price of 15~ per MCF for Pitts Gas Exchange on an interim basis and that the extension for the application for funds for the deficiency on the 1975 take or pay provisions is also extended for 90 days. Motion carried. ~-. 5. Motion was made by Stephens, seconded by Ivey to approve recommendations of the Utilities Board and to instruct the City Attorney to obtain an agreement with Lone Star Gas Company within 90 days or go to court. Motion carried. Meeting adjourned at 2:10 p.m. CITY SEAR~Y~ Municipal Building August 23, 1976 Special called meeting of the City Council of the City of Denton, Texas, Monday, August 23, 1976 at 6 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White,Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: City Secretary Brooks Holt. 1. Mayor Hughes called the meeting to order and the meeting was immediately recessed into Executive Session to discuss the proposal of North Texas State University to close portions of Avenue D and West Prairie. 2. At 8:45 p.m. the Council reconvened into public session to consider the proposed Municipal Budget for the fiscal year 1976-77. 3. City Manager Jim White and Finance Director Bill Bryant reviewed the projected revenues and gave an overview of the expenditures in the proposed budget. 4. The Council then set the following meeting schedule to continue their budget sessions: Wednesday August 25, 1976 at 5:00 p.m. Monday August 30, 1976 at 5:00 p.m. Tuesday August 31, 1976 at 5:00 p.m. 5. At 10:00 p.m. the Council recessed into Executive Session to review City Manager Jim White. 6. At 12:45 a.m. the Council reconvened into public session. Motion was made by Mitchell, seconded by Ivey to recess the meeting until 5:00 p.m. Wednesday, August 25, 1976. Motion carried. Meeting recessed at 12:50 a.m. August 24, 1976 until August 25, 1976 at 5:00 p.m. ;ASSISTANT CITY SECRETARY Municipal Building August 25, 1976 Meeting of the City Council of the City of Denton, Texas, Wednesday, August 25, 1976 at 5 p.m. in the Municipal Building, which was recessed from the meeting of Monday, August 23, 1976. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager Jim White, Assistant To The City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. A public session was opened by the Mayor and it immediately recessed into Executive Session. 2. The Council reconvened into Public Session at 7:50 p.m. to receive information from the Director of Community Development concerning the availability of supplemental funds from the Community Development Grant Program and to consider making an application for additional funds. The Director of Community Development pointed out that this program was for low income citizens only. Motion was made by Stephens, seconded by Nash to make a pre-application for $300,000 grant, but that if any building was approved, not to incur operational costs to the City. Motion carried. 3. The Council continued its discussion of the NTSU street closing request. The Mayor requested comments from Council Members, Councilman Stephens stated that he was concerned with the south entrance to Avenue E and that the public should be kept abreast of this important street closing request and that he was not prepared to vote at this time. Councilman Nash suggested that the Council let NTSU make an offer and then get on with it. City Attorney Paul Isham stated that NTSU will not make an offer unless the Council agrees to negotiate. Mayor Hughes stated that she was extremely pleased with negotiations with NTSU and the City and that the City has gotten all it had asked for. Motion was made by Nash'~ seconded by Stephens to table the matter. Two voted "aye", two voted "nay" and Mitchell abstained. Motion failed. Motion was made by Hughes, seconded by Ivey that the offer as negotiated by the City's negotiating team and as amended in the Executive Session in regard to the south end of Avenue E be conveyed to the NTSU Board of Regents for action. Two voted "aye", 1 voted "nay" and Stephens and Mitchell abstained. Motion failed. 4. The Council continued the study session of the review of the proposed 1976-77 Municipal Budget. Meeting adjourned at 10:45 p.m. MAYOR Municipal Building August 27, 1976 Emergency meeting of the City Council of the City of Denton, Texas held jointly with the Denton Public Utilities Board on the 27th day of August, 1976 at 7:00 a.m. in the Council Chambers of the Municipal Building. PRESENT: City Council--Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager Jim White, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board--Chairman Harpool, Members Ramey, Davis, Shelton and Munson. Also present were Attorneys Elbert Morrow and Rodney Lee, Attorneys for TMPA, and Corky Hall representing The First Southwest Company. 1. The Council considered adoption of an ordinance relating to the relation- ship of the City of Denton with the Texas Municipal Power Agency; approving the construction of an electric generating facility by the Agency, to be known as Bryan Lignite Number One, as well as certain System Development and Reliability Expenditures and Development Projects and the issuance of bonds by the said Agency for such purposes; approving a Power Sales Contract and providing for its execution on behalf of this City. Elbert Morrow, Attorney for TMPA, stated that Brazos Electric Cooperative had indicated that they would like to have 40% of the Bryan Lignite Plant #1 and had offered 25% of their share of the San Miguel #1 Plant to TMPA. Motion was made by Ramey, seconded by Davis that the Public Utilities Board recommend ~o the Council approval of the proposed Ordinance. Motion carried. The following Ordinance was presented: ORDINANCE NO. 76-38 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE RELATIONSHIP OF THE CITY OF DENTON WITH THE TEXAS MUNICIPAL POWER AGENCY; APPROVING THE CONSTRUCTION OF AN ELECTRIC GENERATING FACILITY BY THE AGENCY, TO BE KNOWN AS BRYAN LIGNITE NUMBER ONE, AS WELL AS CERTAIN SYSTEM DEVELOPMENT AND RELIABILITY EXPENDITURES AND DEVELOPMENT PROJECTS AND THE ISSUANCE OF BONDS BY THE SAID AGENCY FOR SUCH PURPOSES; APPROVING A POWER SALES CONTRACT AND PROVIDING FOR ITS EXECUTION ON BEHALF OF THIS CITY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THE ORDINANCE, AND REPEALING ALL CONFLICTING ~RDINANCES OR RESOLUTIONS, AND DECLARING AN EMERGENCY. Prior to voting on the Ordinance, Councilman Stephens stated that he was opposed to the City of Denton putting its electric system on the sales block. Councilman Nash stated that all advice was coming from public power oriented people, and that the City needed input from other sources. Motion was made by Ivey, seconded by Mitchell that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "nay", Ivey "aye" and Hughes "aye". Motion carried. 2. The Council considered a Resolution regarding the City of Denton's position in the Texas Munic~i?al Power Agency and the request of the Texas Municipal Power Agency for th~ ~i~wJ:~cl~arif~i~s~position regarding possible sale of its electric system. ~ ' ~ Corky Hall of the First Southwest Company, Bond Advisors for T~qPA, stated that underwriters of the proposed TMPA bond sale were concerned about the Council's decision to request TP & L to make an offer for Denton's electric system, adding that unless the Council acted to reassure the bond underwriters, interest rates would be adversely affected. Motion was made by Ramey, seconded by Davis to recommend to the Council that the Resolution be passed with the inclusion of a statement in the City Charter relative to requirements for sale of the Municipal Power System. Motion carried. August 27, 1976 Continued The following Resolution was presented by City Attorney Paul Isham: 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 AUGUST, A.D. 1976. RESOLUTION WHEREAS, the City of Denton along with the Cities of Bryan, Greenville and Garland, Texas, have heretofore by concurrent ordinances provided for the creation of the TEXAS MUNICIPAL POWER AGENCY (TMPA) under the provisions of Article 1435a, V.A.T.C.S.; and WHEREAS, the City of Denton has previously entered into a "Contract for Development of Fuel~Resources and Planning Electric Generation Facilities" and a "Contract for the performance of Certain Duties" with TMPA; and WHEREAS, the City of Denton has passed Ordinance No. 76-38 approving a Power Sales Contract with TMPA, and approving a TMPA Bond Resolution in the amount of $50,000,000; and WHEREAS, the Mayor of Denton has executed the said Power Sales Contract pursuant to the authority granted to her by Ordinance No. 76-38' and WHEREAS, previous to passing Ordinance No. 76-38, the City Council had passed a motion asking Texas Power and Light Company to make a formal offer for the City of Denton Electric Utility System; and WHEREAS, in discussion prior to passage of Ordinance No. 76-38, legal counsel had informed the City Council that it would be practically impossible for the City of Denton to dispose or sell its electrical utility system if the Ordinance was passed and the Power Sales Contract executed; and WHEREAS, Section 12.04 of the City Charter of the City of Denton states "No sale, lease or disposal of any utility system or any part thereof essential to continued effective utility service, shall ever be made unless such sale, lease or disposal is approved by a majority vote of all the qualified electors in the City of Denton"; and WHEREAS, it is the intention of the City Council of the City of Denton not to jeopardize or harm the financing and operations of TMPA or its member cities, or to jeopardize Denton's position in TMPA; and WHEREAS, it is the intention of the City Council to explore only those areas of business relationships regarding its electric utility system with other entities that are legally permissible under the terms and conditions of the Power Sales Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,-TEXAS: that it will not do any act in regard to the sale or disposal of its electric utility system that is not permitted by state law, city charter, the Power Sales Contract, or the ordinances authorizing the outstanding City of Denton Electric Revenue Bonds, and that the City will not take any course of action that would be harmful or detrimental to TMPA, or its member cities. PASSED AND APPROVED this the 27th day of August, A. D. 1976. /s/ ELINOR HUGHES, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: /s/ /s/ BROOKS HOLT, CITY SECRETARY PAUL C. ISHAM~ CITY ATTORNEY Motion was made by Ivey, seconded by Mitchell that the Resolution be passed. On roll call vote Mitchell "aye", Nash "nay", Ivey "aye" and Hughes "aye", with Councilman Stephens not present for the vote since he had a class to meet. Motion carried. Meeting adjourned at 9:30 a.m. ~ ~ Municipal Building September 7, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 7, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Ivey, seconded by Stephens that the minutes of the emergency called meeting of August 13, 1976, the regular meeting of August 17, 1976, the emergency meeting of August 20, 1976, the special called meeting of August 23, 1976, the meeting of August 25, 1976 and the emergency meeting of August 27, 1976 be approved. Motion carried. 2. REFERRAL: Motion was made by Ivey, seconded by Mitchell that the following petition be referred to the Planning & Zoning Commission for its recommendation: (A) S-138, the petition of Mr. George Hopkins, requesting that he be granted a specific use permit to operate a restaurant with on premise sale of beer and wine in a University (U) zone at 1507 Eagle Drive. This is the location of the Taco Tico Restaurant. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on the petition of Mr. Jim Bridges (S-135), requesting that he be granted a specific use permit to operate a day nursery at 808 Sherman Drive. This is the location of Kiddie Korral. After hearing 1 proponent and 1 requesting information, and a report from the Director of Community Development stating that 34 letters were mailed with 4 for and 2 in opposition, motion was made by Ivey, seconded by Stephens that the petition be approved with the following conditions: 1. The permit be issued to Mr. Jim Bridges as the owner/operator of the day nursery and be non-transferrable. 2. The use shall require state licensing approval. 3. A buffer area shall be required in the rear portion of Lot 31, Block 138-2 enclosing 100 feet from the easternmost property line. 4. There shall be one parking space per employee and three additional spaces provided for visitors. 5. The day nursery be limited to the care and keeping of 80 children. Motion carried. (B) A public hearing was held on Z-1279, the petition of Mr. Jack Crain, requesting that the zoning classification of a lot at 323 Bonnie Brae Street be changed from the Multi-Family (MF-1) to the Office (0) classification. This property, comprising approximately one acre, is located on the west side of Bonnie Brae Street. After hearing 1 proponent and none in opposition and a report that 22 letters were mailed, with 9 in favor and 1 in opposition, motion was made by Stephens, seconded by Ivey that the petition be approved, but that this approval did not set a precedent for rezoning single family homes across the street. Motion carried. September 7, 1976 Continued (C) A public hearing was held on S-136, 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 was the former location of Reema Steakhouse. After hearing 1 proponent and none in opposition and a report that 13 letters were mailed with 3 in favor and none in opposition, motion was made by Ivey, seconded by Mitchell that the petition be approved with the following conditions: 1. The permit be issued to Michael George. 2. The private club shall require licensing and registration from the State Liquor Control Board. 3. The required parking shall be based on one space for every three seats. 4. The building meets building and fire codes. Motion carried. (D) A public hearing was held relative to considering an ordinance that would make private clubs a permitted use in certain zoning districts. The City Attorney and the Director of Community Development briefed the Council and stated that on August 18, 1976 the Planning Commission reviewed and approved the proposed ordinance. At a public hearing before the Council and the Planning and Zoning Commission on August 4, 1976 the proposed ordinance was discussed and there were no citizens present to speak in opposition. The following Ordinance was presented: ORDINANCE NO. 76-39 AN ORDINANCE AMENDING THE ZONING ORDINANCE (O'RDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING LICENSED PRIVATE CLUBS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "nay", Nash "nay", Ivey "aye" and Hughes "aye". Motion carried 3 to 2. 4. The Council considered the request of Mr. Jacob Hieble concerning tax exemptions and utility rate reductions for senior citizens. The Mayor stated that the matter would be referred to the Municipal Staff to determine the impact on City finances and that there would be something on the October meeting agenda. 5. The Council considered the request of Aerosmith Denton Corp. to modify the Terminal Building at Denton Municipal Airport. John Smith, Secretary/Treasurer of Aerosmith requested permission to alter the interior of the Airport Terminal Building to provide additional office space, proposing that this alteration would be done at the expense of Aerosmith. He stated that since the City of Denton has the option to recapture the Terminal Building in its entirety at any one time, they requested that the City approve reimbursement of the expense should the City elect to request that they return the facility. Dick Stewart, Airport Advisory Board Chairman, advised that the Board had recommended approval of the request. Motion was made by Nash, seconded by Stephens to grant the request of Aerosmith but with no cost to the City. Motion carried. September 7, 1976 Continued 6. The Council considered an offer from North Texas State University to close portions of Avenue D and W. Prairie Street. The City Attorney briefed the Council on the status of the street closings and the following information was made available: In a letter to the Mayor from the President of NTSU, Dr. Nolen stated that the offer includes a reimbursement to the City of Denton for costs incurred by the City of Denton or a contractor employed by the City for performing the following: (A) Moving the necessary portions of electrical transmission lines ' along Avenue D from Highland to Sycamore and west one block to Avenue E, utilizing the present level of facilities and the present level of services in order to accommodate the new HPER Building, such work to commence immediately upon the approval of the settlement offer. This work is necessary to remove the hazard of the lines from that portion of the campus, to enhance the appearance of that portion of the campus, and to make room for the actual construction of the HPER Building. NTSU will pay to the City of Denton $35,000 for performing this work. (B) Constructing or reconstructing all electrical, water and sewer lines disturbed as a result of the proposed closing of the streets and erection of the HPER Building, such work to be done concurrently with the work on the HPER Building. NTSU will pay to the City of Denton $500 for performing this work. (C) The City of Denton will install four-way stop signs at the intersection of Avenue C and Chestnut Street. In addition, the City will install on Avenue C a pedestrian crosswalk and necessary signs at a location between Chestnut and Highland Street wherever it is found to be necessary to maintain maximum pedestrian safety and as expeditiously as possible. This work will be performed by the City of Denton at no cost to NTSU. (D) The donation, acquisition or reimbursement for acquisition of the necessary land (right-of-way) along the east and west sides of Avenue E to widen that thoroughfare from Oak Street to the 1-35 access road at the south end of Avenue E. Such street improvement is necessary in order to connect Avenue E to the 1-35 access road leading from the Avenue D bridge across 1-35 E contingent upon the approval of the appropriate authorities of the City of Denton. NTSU will pay to the City of Denton $135,000 for performing this work. (E) The donation, acquisition or reimbursement for acquisition of the necessary right-of-way to widen Eagle Drive west from Avenue C to 1-35 access road and the proportionate cost of paving and curbing that part of Eagle Drive as may be required to handle an increased traffic flow, NTSU will pay to the City of Denton $65,000 for performing this work. (F) The proportionate cost of improving Avenue E (including paving and curbing) in order to better accommodate the flow of traffic. NTSU Will pay to the City of Denton $165,000 for performing this work. All work mentioned in items D, E and F is to be completed by September 1, 1978. If NTSU furnishes any of the above-mentioned items, then that amount will be credited by the City against the total cash settlement. Isham said that Dr. Nolen recommended that the deed conveying the blocks on Avenue D and Prairie Street to NTSU will contain a condition that if Avenue C is closed by an attempt of NTSU through any means other than action by the City Council, then the property described in the deed will revert to the City of Denton. The Mayor invited those who desired to speak, as requested by Councilman Stephens. Speaking for accepting NTSU's offer were President C. C. Nolen and John Douthitt. Those speaking in opposition were Jacob Hieble, Cal Blasdell, Joe Northern and M. C. Burch. .2-. September 7, 1976 Continued Councilman Stephens made the following statement and asked that it be made a part of the minutes: "After very carefully examining the street issue before us, I have concluded that the Denton City Council should accept the offer of the NTSU Board of Regents for the following reasons: 1. It provides the merchants interested in Avenue C and our citizens who use Avenue C for cross-town traffic with assurances that Avenue C will be kept open. We must explore alternate means to allow for safe pedestrian crossing of Avenue C while permitting the traffic to flow there, such as lowering the street level between Highland and Chestnut Streets at University expense. 2. The interests of all parties involved are settled in a fair manner by the proposal. Both in the City Master Plan and in discussions between President Nolen and Mayor Bill Neu and City Manager Jim White several years ago, the University was led to believe that the streets could be closed as soon as the University owned property on both sides of the streets in question, which caused the University to originally request the closing of Avenue C and Avenue D. 3. It has since become obvious that the public does not want Avenue C closed and as an elected official I have acted in the manner best calculated to keep Avenue C an open thoroughfare. As a result of tonight's public meeting all sides have had an opportunity to be heard after reviewing this new offer and we have an opportunity to settle a vexing issue in a just fashion. The continued development of this major industry in Denton may now proceed. I believe that the entire Denton community will benefit from the settlement. Motion was made by Stephens, seconded by Ivey to accept the offer of NTSU. Motion carried 3 for, 1 against and 1 abstaining. Councilman Stephens suggested that the Citizens Traffic Safety Support Commission begin a study in the NTSU area. 7. Mrs. Yolinda Galindo appeared relative to Denton Police answering a burglary call at a Mexican Baptist Church Choir meeting. No official action was taken, but the Mayor suggested that the matter be referred to the Community Ethnic Relations Board. Councilman Stephens requested that the City Manager make a report to the Council. 8. The Council considered a Federal Aviation Administration Grant application. King Cole, Assistant To The City Manager, stated that the FAA had suggested that the City submit an application for $250,000 to acquire land for the north clear zone. Of this $250,000 figure the FAA will fund $225,000, the Texas Aeronautics Commission will fund $12,500 and the City of Denton's share would be $12,500. It was requested that we ask for an additional $462,150 for a hot mix overlay of the runway. The FAA said that there was not much chance that we would receive the $462,150; but they did feel that there was enough chance that it would warrant our applying. If we were to receive the grant for $462,150, the FAA's share would be $415,935 and the local share would be $46,215. Hopefully, the TAC would participate in this project and provide half of the local share making our share only $23,107.50. The Council was advised that this was recommended by the Airport Advisory Board. Motion was made by Stephens, seconded by Ivey to proceed with appraisals of property and land to enlarge the airport runway. Motion carried. September 7, 1976 Continued 9. The Council considered County fire calls. Fire Chief Jack Gentry stated that from September, 1975 through August, 1976, the Fire Department made 950 total calls, with 157 of these calls in the County. He added that the County runs comprise 16.53% of the total calls. Gentry also stated that the County calls were very expensive and that at times Denton property was unprotected. He added that a cost of County runs was -- becoming progressively higher. Motion was made by Nash, seconded by Mitchell that the City discontinue fire calls in the County as of January 1, 1977 unless the County pays its fair share of the cost. Motion carried. 10. The Council received a report from Dick Huck, Director of Parks & Recreation, relative to remodeling of the Community Building. 11. The Council received a report from the Chamber of Commerce on the Hotel/Motel Occupancy Tax. The report stated that a total of $10,950.99, less 1% administration cost for the City was the sum collected from April 1 through June 30, 1976. 12. The following Ordinance was presented: ORDINANCE NO. 76-40 (Jack Bell) 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. 25, CITY BLOCK NO. 231, 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 Mitchell that the Ordinance - be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 13. The Council considered approving an agreement with Bell Avenue Memorial Church~to extend Bell Avenue north from Peach Street. Motion was made by Stephens, seconded by Mitchell to approve entering into an agreement with Bell Avenue Memorial Church. Motion carried. 14. The Council considered temporary pavement for Hercules Drive to facilitate Sherman Drive improvements. The Council was briefed by Jack Owen, Assistant City Manager. He advised that the cost for seal coating would be approximately $1,500 for the materials and that in his opinion it would be well worth it. Motion was made by Stephens, seconded by Mitchell to proceed with seal coating of Hercules Drive. Motion carried. 15. The Council reviewed construction plans for South Carroll Boulevard. Motion was made by Nash, seconded by Stephens to approve the plans and to authorize the Mayor to sign the title sheet. Motion carried. 16. Motion was made by Mitchell, seconded by Hughes that Mayor Pro Tem Ivey be named Denton Board Member for the TMPA, replacing Ernie Tullos, whose term is expiring. Motion carried unanimously. 17. The Council considered use of Park Bond Funds. Councilman Nash requested that the City Manager advise on this matter. The Manager stated that interest from the bonds is plowed back into the bond funds, but that the bond money is expended on the approved and related projects. September 7, 1976 Continued 18. The Council considered the notice of Library hours. Councilman Nash suggested that the Council suggest to the Library Board to keep the Library open until 9 or 10 at night and have it open less hours in the mornings. 19. The Council discussed the dumpin~ hours at the Sanitary Landfill. Councilman Nash stated that a sign at the landfill stated that it closes at 5 p.m., but that it is not always open until 5 p.m. The Assistant City Manager stated that this problem would be alleviated, 20. The Council discussed the support of the General Revenue Sharing Project. No official action was taken. 21. The Council considered the City of Denton joining the following organizations: (A) Denton County Association of Governments (Resolution) (B) Association of North Texas Cities I~I American Association of Small Cities Inter-American Municipal Organization (E) National League of Cities Motion was made by Nash, seconded by Ivey that the City join the Denton County Association of Governments and the Association of North Texas Cities and that the Council adopt the following Resolution: 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 SEPTEMBER, A.D. 1976. RESOLUTION WHEREAS, there has been formed an organization called the Denton County Association of Governments for the purpose of providing a unifying framework for meeting local government problems and needs; and WHEREAS, a single government has very little impact on the Regional, State and National level; and WHEREAS, an effective organization of governments could be very effective. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: SECTION I. That the City of Denton does hereby join the Denton County Association of Governments. SECTION II. That the By-Laws of the Denton County Association of Governments, a copy of which is attached are hereby ratified. SECTION III. That Joe Mitchell is appointed as delegate to the Denton County Association of Governments and that Jack Owen is appointed as alternate delegate to the Denton County Association of Governments from the City of Denton. The terms of office established by the By-Laws to expire in May, 1977. PASSED AND APPROVED this the 7th day of September, A. D. 1976. CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS September' 7, 1976 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 22. BIDS: (A) #8397 Packer Body Motion was made by Hughes, seconded by Ivey that the bid be awarded to Ebeling Manufacturing Company in the amount of $13,000 fQr a second packer body as a motor pool replacement for rig #2001. Motion carried. (B) #8404 Concrete Sidewalk Improvements Motion was made by Stephens, seconded by Ivey that the bid be awarded to the low bidder, Ed Bell Construction Company in the approximate amount of $15,382, and if it is necessary to amend the amount it should not exceed $1,000. Motion carried. 23. The following Ordinance was presented: ORDINANCE NO. 76-41 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, 'TEXAS. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 24. The Council considered adding a human resources dimension to the City of Denton's Master Plan. The Mayor stated that the City had a fine Master Plan, but that she would like to explore the possibility for funding a Human Resources Program without exp~nse to the City, adding that Denton needs more coordination of agencies. The Council concurred to explore the possibility. 25. Councilman Mitchell read a letter from the Claude E. Hill family of 3110 Montecito Road, which thanked the Denton Police Department for its efforts and time spent in helping them to find and unfortunately destroy the dog which had bitten their daughter, adding that anything they could say or do for these men would not be enough. 26. The. Council adjourned fn~;.~.Executive Session at 12:25 a.m., September 8, 1976 to discuss Lone Star Gas negotiations, possible utility litigations and matters of personnel. 27. The Council reconvened into Public Session at 1:27 a.m. to announce that no official action was to be taken. Meeting adjourned at 1:30 a.m. Municipal Building September 13, 1976 Special called meeting of the City Council of the City of Denton, Texas, Monday, September 13, 1976 at 5:00 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager Jfm White, Assistant City Manager Jack Owen and Assistant City Secretary King Cole. 1. Mayor Hughes called the meeting to order and called on City Manager Jim White to recap the proposed Municipal Budget for 1976-77. 2. After considerable discussion, motion was made by Hughes that the City Council make any decisions regarding budget cuts in services. Motion failed for lack of a second. Motion was then made by Hughes that if cuts are made in the budget which affect the levels of service, the Council will designate the areas. Motion failed for lack of a second. 3. Motion was made by Stephens, seconded by Hughes to restore the Library Budget to the previous level so if any trimming is done it will be on the same level. Stephens and Hughes agreed to withdraw their motion. 4. Motion was made by Mitchell, seconded by Nash to implement the following plan and to ask the City Manager to make recommendations on where to cut: (A) Reduce budget to below $30,000,000. (B) Make no cuts in mandatory salary increases. (C) Provide contingency for a minimum of 5% cost-of-living increases in January, 1977. (D) No cuts in Police and Fire Budgets. (E) Give consideration to departments which have: 1. Cut their budgets from last year; 2. Held to last year's budget; or 3. Requested the smallest percentage of increase. (F) After the above has been accomplished, determine if Library has suffered a greater percentage cut than others. If so, adjust on a pro-rata basis. Motio~r~ied. ~ 5. The Council adjourned into Executive Session at 8:40 p.m. 6. The Council reconvened into Public Session at 8:47 p.m. to announce that no official action was taken. Meeting adjourned at 8:50 p.m. MAYOR SISTANT CITY SECRETARY Municipal Building September 14, 1976 Special called meeting of the City Council of the City of Denton, Texas, Tuesday, September 14, 1976 at 7:00 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager Jim White, Assistant City Manager Jack Owens City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Mayor opened the meeting and stated that the Council would answer specific questions relative to the Budget. 2. The Mayor opened the public hearing on the 1976-77 proposed Municipal Budget. The following Denton citizens spokes requesting that the requested Budget for the Emily Fowler Library not be reduced: Harrell Landry, Hunter Galenti, Robert Stephens, Mrs. Phyllis Breen, Beverly Deines, Mrs. L. A. Nelson, Lennie McAdams, Viola Hamilton, Tony Damico, Jean Hampleman, Frank Turner and Johnnie Christian. Many others were present in behalf of the Library Budget. The Mayor asked if there were citizens present who desired to speak on any budget item other than the Library. Mary Claude Gay, representing the Research & Economic Development Board, reviewed the activities of the Board during the current fiscal year. She stated that the RED Board has requested a budget of $35,000. The Mayor closed the public hearing. 3. The Council adjourned into Executive Session at 8:20 p.m. to discuss land acquisition. 4. The Council reconvened into Public Session at 8:45 p.m. to report that no official action was taken. Meeting adjourned at 8:48 p.m. MAYOR Municipal Building September 20, 1976 Emergency meeting of the City Council of the City of Denton, Texas, Monday, September 20, 1976 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, Assistant To The City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council considered an Ordinance adopting the Budget and setting the tax rate for the fiscal year 1976-77. 2. Following a briefing by the City Manager the following Ordinance was presented: ORDINANCE NO. 76-42 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1976, AND ENDING ON SEPTEMBER 30, 1977; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1976; 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. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1976-1977 was heretofore published at least fifteen (15) days in advance of said hearing; and WHEREAS, a public hearing on the said budget was duly held on the 14th day of September, 1976, and all interested persons were given an opportunity to be heard for or against any item thereof; now, therefore, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the budget for the City of Denton, Texas, for the fiscal year beginning October 1, 1976, and ending on September 30, 1977, in words and figures as shown therein is finally a~proved and adopt~d~a~d that said budget shows Revenues of $30,611,889 and Expenditures of $29,96~ SECTION II. That the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1975, and ending on September 30, 1976, as shown therein in words and figures, is hereby revised and amended to show the words and figures indicated as "REVISED 1975-76" in the budget for the fiscal year beginning on October 1, 1976 and ending on September 30, 1977, and to show REVISED REVENUES OF $27,503,121 and REVISED EXPENDITURES OF $25,712,608. SECTION III. That there shall be, and there is hereby levied, the following taxes on each One Hundred Dollar ($100.00) valuation on all taxable property within the City of Denton, Texas, to be assessed and collected by the Tax Assessor and Collector for the year 1976 and said taxes are to be assessed and collected for the purposes stipulated as follows, to-wit: (a) For the General Fund Allocation on the $100.00 valuation ........................... $1.0938 (b) For the Interest and Redemption Funds on outstanding bonded indebtedness on the $100.00 valuation .............................. 6862 Total Allocation of Levy .......................... $1.7800 The above allocation of the levy is made to insure that deposits in the Interest and Redemption Funds of taxes collected during the year ending September 30, 1977, will total $851,911.00 but is not intended to exceed that amount. September 20, 1976 Continued SECTION IV. That the City Manager shall cause copies of the budget to be filed with the City Secretary, the County Clerk of Denton County and the State Comptroller of Public Accounts. SECTION V. That this ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the 20th day of September, A. D. 1976. /s/ ELINOR HUGHES, 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 Mitchell, seconded by Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "nay", Ivey "aye" and Hughes "aye". Motion carried 4 to 1. 3. Councilman Mitchell thanked the Manager and Staff for their efforts in preparing and presenting the budget, stating that the Manager had done a lot of cutting before and after the Council requested cuts. The Council concurred. Meeting adjourned at 4:30 p.m. MAYOR !33 Municipal Building September 21, 1976 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, September 21, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens, Nash and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Ivey, seconded by Nash that the minutes of the Regular Meeting of September 7, 1976, the Special Called Meeting of September 13, 1976 and ~he Special Called Meeting of September 14, 1976 be approved. Motion carried. 2. The Mayor read a proclamation honoring John J. Marshall, Purchasing Agent of the City of Denton, for being elected President of the National Purchasing Institute Incorporated at its 8th annual conference, and for his dedication to purchasing professionalism. 3. Motion was made by Stephens, seconded by Nash that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1282, the petition of the Christian Fellowship Foundation, requesting that a tract on the south side of Ryan Road be annexed and be granted Planned Development approval for a retirement village development. This 157 acre tract is approximately 3/4 mile west of FM 2181. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1280, the petition of Mrs. Alvin Whaley, requesting that the zoning classification of a lot at 1615 N. Locust be changed from the Multi-Family (MF-1) to the Office (0) classification. After hearing 1 proponent and none in opposition and a report that 16 letters were mailed with 4 in favor and 2 in opposition, motion was made by Stephens, seconded by Nash that the petition be approved. Motion carried. (B) A public hearing was held on Z-1281, the petition of Mr. Hardy Burke, requesting~.~t'the zoning classification of a one acre tract located on the south side of H~y. 380 east of Mayh~ll',Road, be changed from the Agricultural (A) to the General Retail (GR) classification. This is the location of the 380 Gulf Station. After hearing 1 proponent and none in opposition and a report that 3 letters were mailed with none returned, motion was made by Ivey, seconded by Nash that the petition be approved. Motion carried. 5. The Mayor stated that the Community Ethnic Relations Board had requested a hearing on September 27, 1976 relative to the recent incident at the Mexican Baptist Church. 6. R.L. Powell, Jr., Contractor, appeared before the Council stating that it was necessary for him to drive to Dallas to obtain plans and specifications to bid.on a City of Denton job. He felt that this was an imposition. The City Manager explained that the plans were usually issued out of the architect's office, which in this case is in Dallas. 7. Mr. and Mrs. Curtis Loveless appeared before the Council regarding rejection of a loading zone request at the Shoe Shack at 123 Avenue A. Motion was made by Nash, seconded by Stephens to refer the matter back to the Citizens Traffic Safety Support Commission. Motion carried. t34 September 21, 1976 Continued 8. The Council considered the request of Aerosmith Denton Corporation to sublease a portion of their facilities to C. T. "Pat" Powell. Richard Stewart, Chairman of the Airport Advisory Board, stated that the Board recommends that the lease agreement be approved with the following changes: (A) Under LESSOR AGREES Add #8 to read as follows: "To allow lessee to install underground fuel tanks and sell fuel retail unless such an agreement is prohibited by a pre-existing agreement between lessor and Phillips Petroleum Co." (B) Under LESSEE AGREES add #8 to read as follows: "After a period of 6 months from the implementation of this agreement to operate an aircraft maintenance shop at least 8 hours a day, 5 days a week." (C) Under ADDENDUM to contract, add the following: "The terms of this contract will not be changed by the lessor without the approval of the City Council." Mr. Powell stated that the contract would give him the right to a maintenance operation, and he would sell Cessna airplanes and would be competitive with Aerosmith. Mr. Powell added that there should be no time deadline stipulations or minimum hours of operation on setting up a maintenance Department. Motion was made by Nash, seconded by Ivey to approve a sublease but not to require any set time to begin operation of a maintenance shop and not to require an 8 hour, 5 day a week operation, but to accept the other recommendations. Motion carried. 9. James Nash, Construction Manager for NTSU, appeared to review the utilities system plans for the NTSU campus. Mr. Nash stated that NTSU now has a phase I package of improvements which have been presented to the Public Utilities Board. He requested Council approval with NTSU providing the necessary easements. The City Manager stated as follows: (A) All the utilities in the Master Plan would be a financial obligation of the University, including electric distribution. (B) The water and sewer system would be dedicated to the City. The City will maintain the system. (C) The areas where utilities are relocated, easements will be available from NTSU, but the City will maintain. (D) The Utilities Board recommends approval with the understanding that under the present rate structure NTSU will maintain the electric distribution system. Motion was made by Nash, seconded by Ivey to accept the recommendation of the Utilities Board and to approve the NTSU Utilities Master Plan. Motion carried. 10. The Council considered the Texas Water Rights Commission Application No. 3641 of the Denton Country Club to maintain an existing 163 acre-foot reservoir. Marvin Ramey, representing the Country Club, stated that a hearing on the matter would be held in Austin on October 7, 1976 at 10 a.m. Mr. Ramey added that the Utilities Board had voted to request that the City assist the Country Club in obtaining a State permit. Motion was made by Nash, seconded by Stephens to request the Mayor to write to the Water Rights Commission, stating that the City Council supports the Denton Country Club's request. Motion carried. September 21, 1976 Continued 11. The Council considered approval of the Texas Municipal Power Agency Budget. The City Manager stated that the Utilities Board had recommended approval of the TMPA Budget. The Operating Budget reflects the anticipated receipts and expenditures incurred in the operations of the Agency's offices and certain other functions (Non-capital) performed by the Agency for its members, The Operating Budget is divided into five funds: (A) Operating Fund - Agency administrative and general operations. (B) Energy Exchange Fund - Energy exchanges between the members under the Pooling Agreement of 1963. (C) Oil Terminal Fund - Transactions relating to the Greenville Oil Storage Terminal. (D) Pitts Gas Fund - Natural gas transactions under the Delhi Gas Pipeline contract, and (E) Special Projects Fund - Performance of specific services for specific member or members. Motion was made by Ivey seconded by Mitchell to approve the TMPA Budget. Motion carried with 4 in favor and Nash abstaining. 12. The Council considered the role of the Public Utilities Board in cable television applications. The City Manager stated that at the last meeting of the Board, a motion was passed to ascertain from the Council ~f they were interested in pursuing cable television, and if so what action should the Board take in the process of receiving and screening applications. Motion was made by Mitchell, seconded by Nash to request the Utilities Board to look into the matter and make recommendations to the Council. Motion carried. 13. The Council considered the acceptance of a grant offer from the Federal Aviation Administration, King Cole, Assistant To The City Manager, stated that the FAA offered a grant of $285,000, 90% of the total project cost of $316,666.66. The City also has an FAA grant offer previously accepted by the City of $12,000. The breakdown of each entit~es' share of the total package will be as'follows: $316,666.66 @90%= $285,000.00 FAA Share 316,666.66 @10%: 31,666.66 Local Share 16,000.00@75%: 12,000.00 FAA Share 16,000.00 @25%= 4,000.00 Local Share TOTAL PROJECT COST $332,666.66 FAA SHARE 297,000.00 LOCAL SHARE 35,666.66 CITY OF DENTON 1/2 TOTAL 17,833.33 TEXAS AERONAUTIC COMMISSION 17,833.33 Richard Stewart, Airport Advisory Board Chairman, advised that the Board recommended unanimously to accept the Grant. September 21, 1976 Continued 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 21ST DAY OF SEPTEMBER, A.D. 1976. RESOLUTION WHEREAS, an Application for Federal Assistance dated August 31, 1976 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at the Denton Municipal Airport; and WHEREAS, the FAA has issued a Grant offer which, if duly accepted, provides a commitment of $285,000.00 in federal funds for development specified therein; and WHEREAS, it is determiqed to be in the interest of the City of Denton, Texas to accept this Grant offer. NOW; THEREFORE, BE IT RESOLVED THAT the City of Denton does hereby accept the provisions of said Grant offer, a copy of which is attached hereto and incorporated herein for all purposes, (See packet #4771 in City Secretary's Office For Grant Offer), and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the Grant offer on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 21st day of September, A. D. 1976. /s/ ELINOR HUGHES, 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 Nash, seconded by Ivey that the Resolution be passed. On roll call vote Mitchell "aye", Stephens "aye'~, Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. The Council considered a request to quit claim an alley in the Headlee Addition. The alley is in the block bounded by Magnolia, Bolivar, Mimosa and Carroll. The Director of Community Development stated that the Planning and Zoning Commission had ~ecommended approval of th~ quit claim deed, but that a 20' width of the alley would be retained by the City as an easement. Motion was made by Nash, seconded by Stephens to issue a Quit Claim Deed to the adjoining property owners and to authorize the Mayor to sign. Motion carried. 15. Andy Anderson, Traffic Safety Coordinator for 4 North Texas Counties, presented a traffic sa£ety award to Denton in recognition of no pedestrian fatalities in the City limits in the last 3 years. He stated that the American Automobile Association presented the award. September 21, 1976 Continued 16. The Council considered adoption of amendments to the Ordinance establishing rules of procedure for the City Council. The City Attorney noted the requested amendments on a proposed Ordinance and advised that these accepted changes would be incorporated in the Ordinance to be presented to the Council for final acceptance or rejection. In regards to one amendment, motion was made by Mitchell, seconded by Hughes that in the interest of time and efficiency the Agenda Committee could postpone items on an agenda requiring personal appearance and the person 'requesting the appearance be notified. Motion carried 3 to 2. Motion was made by Stephens, seconded by Hughes that amendments be made to the Ordinance as agreed to by the Council. Motion carried 4 to 1. 17. The following Ordinance was presented: ORDINANCE NO. 76-43 (Jack E. Crain) AN ORDINANCE AMENDING THE ZONING MAP OF THE 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. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 5, CITY BLOCK NO. 4027, 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 Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye'~, Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 18. The Director of Community Development reviewed plans and specifications relative to proposed signal improvements, including totally new equipment and upgrading existing equipment. He stated that plans and specifications had been prepared for 22 locations, adding that installation would be done by the Traffic -- Control Staff as work would allow. Motion was made by Mitchell, seconded by Nash to authorize the Staff to advertise for bids for installation of traffic signals. Motion carried. 19. The Council considered a report from the Citizens Traffic Safety Support Commission concerning the closing of McCormick Street at Avenue A. The Director of Community Development advised that traffic records indicate that Avenue A, north of 1-35E, has a high accident potential and that the Commission recommended closing the street between Avenue A and Underwood Street. The Mayor suggested that t~e.~acent property owners be notified of the proposed closing and to delay final~tion until the next regular meeting. The Council concurred. Motion was made by Nash, seconded by Ivey to approve the request and to instruct the City Attorney to prepare an appropriate ordinance. Motion carried. 20. Motion was made by Hughes, seconded by Ivey that Councilman Stephens be named as Denton delegate to the Association of North Texas Cities. Motion carried. 21. BIDS: (A) 8405 Tractor, Mower, Box Blade Motion was made by Nash, seconded by Mitchell to reject the tractor and mower bid and that the bid for the Box Blade be awarded to Case Power & Equipment Company at $494.00, and that $7,831 be encumbered or transferred to the 1976-77 budget year for the purpose of purchasing the tractor and mower. Motion carried. September 21, 1976 Continued (B) #8407 Fuel 0il Transfer Pump Motion was made by Stephens, seconded by Nash to add $358.00 for cost of a fuel oil self priming transfer pump to the original bid of Gorman Rupp Company. Motion carried. (C) #8409 Fuel Tank Transmitter, Accessories, Controller Motion was made by Hughes, seconded by Ivey that the bid be awarded to Bailey Meter Company at a price of $8,501 with delivery in 126 days. Motion carried. (D) #8410 Transducers for Supervisory Control Motion was made by Nash, seconded by Mitchell that the bid be awarded to McCoy Associates in the amount of $25,565.75. Motion carried. (E) #8411 Insurance-Hospitalization, Life, Fire & Extended Coverage Motion was made by Nash, seconded by Mitchell that Item 1, Hospital- ization and Life Insurance be awarded to Blue Cross-Blue Shield at a bid of $211,859. Motion was made by Nash, seconded by Mitchell that Item 2, Fire & Extended Coverage be awarded to Jones Agency at 30% off. Motion carried. (F) #8416 15KV Power Cable Motion was made by Nash, seconded by Ivey that the bid be awarded to the low bidder meeting specifications, Westinghouse Electric Supply at a total bid price of $22,230. Motion carried. 22. Motion was made by Mitchell, seconded by Ivey to approve the Tax Adjustment Report for the month of September, 1976 in the amount of $2,400.04. Motion carried. 23. The Council adjourned into Executive Session at 11:40 p.m. 24. The Council reconvened into Public Session at 12:10 a.m. to report that no official action was to be taken. The meeting adjourned at 12:15 a.m., September 22, 1976. MAYOR Municipal Building October 5, 1976 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, October 5, 1976 in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens, Nash and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Ivey that the minutes of the emergency called meeting of September 20, 1976 and the regular meeting of September 21, 1976 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held to consider an amendment to the zoning ordinance which would create a restricted multi-family zoning classification (MF-R). The Director of Community Development briefed the Council, stating that the Ordinance amendment creates one new apartment classification, Restricted Multi-Family (MF-R), and that it also sets density standards for the present MF-1 classification. No one spoke in favor and none in opposition to the amendments. The following Ordinance was presented: ORDINANCE NO. 76-44 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS, BY CREATING A NEW RESTRICTED MULTI-FAMILY (MF-R) ZONE AND RE- DEFINING THE MULTI-FAMILY DWELLING DISTRICT-1 (MF-1) ZONE; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye'~ and Hughes "aye". Motion carried. (B) A public hearing was held on S-138, the petition of Mr. George Hopkins~ requesting that he be granted a specific use permit to operate a site for on premise sale of beer and wine at 1507 Eagle Drive. This location is known as Taco Tico Restaurant. After a report that 16 lett~e~s were mailed with 3 in favor and 1 in opposition, and l'~peaking~for thep6~'~ion but none in opposition, motion was made by Ivey, seconded by Mitchell that the petition be approved. Motion carried 4 to 1. 3. Mr. Miller Davidge, Chairman, Public Housing Authority, appeared concerning the extension of Ruddell Street south out of the Dreamland Apartments. He also reviewed the activities of the Denton Housing Authority. He advised that the Authority planned to operate the Dreamland Apartments if approved by HUD. Jim Carter, Director of the Denton Housing Authority, stated that the Authority would contract to pay the City of Denton in lieu of taxes. The Mayor advised that she had been advised by Representative Ray Roberts that Denton's application for Community Development Grant Funds had been approved in the amount of $192,000. 4. Father Schumacher, Chairman of the Community Ethnic Relations Board, presented a report concerning the complaint of Mrs. Matilda Sotelo, and made the following statement in behalf of the Board: The Community Ethnic Relations Board was asked to review the incident brought to the City Council on September 7, 1976 in which the complainants, Anita Maldonado and Matilda Sotelo, maintained the Denton City Police Officers in answering a October 5, 1976 Continued burglary call at Northside Baptist Church on August 21, 1976 1. "formed a bias opinion thinking that since they were Mexicans they were up to no good," and 2. the same police officers were "threatening, rude and deliberately harassing us." On the basis of the information provided CERB, we do not find that the incident involved racial or ethnic prejudice. As to the second point of complainants, CERB finds the answering officer did not handle the situation as professionally as he should. The Community Ethnic Relations Board will recommend to the community and seek to provide information and direction to its leaders and public employees ways of promoting better relations among all citizens, especially as they affect racial and ethnic groups. 5. The Council considered an Ordinance closing McCormick Street at Avenue A. The Mayor gave citizens present an opportunity to speak. Arthur Thompson, land owner in the area, presented a petition contain- ing 21 names opposing the proposed street closing (filed in packet #4772). The Mayor suggested one-way on McCormick, and Councilman Nash stated that the use of street buttons would be effective. Motion was made by Stephens, seconded by Ivey that the Council request the City Manager to direct that large ceramic buttons be installed at the corner of Avenue A and McCormick Street and on the curve of Avenue A at Underwood Street, and that the matter of restricting north bound traffic on McCormick Street to the west of the fire station be referred to the Citizens Traffic Safety Support Commission for their consideration and recommendation. Motion carried. 6. The Council considered submitting a grant to Older Americans Act for Senior Citizen Title 3 Program. Dick Huck, Director of Parks and Recreation, stated that the Parks Board at its meetingof September 30, 1976 recommended that the Council authorize submitting a pre-application to the agency on aging for a grant of $14,525, adding that the City would not be providing new funds, but would provide in kind services. Motion was made by Ivey, seconded by Mitchell to approve submission of a pre-application grant request in the amount of $14,525. Motion carried. The Council set a meeting with the Parks Board for Tuesday October 12 at 5 p.m. 7. The Council received a request of Dale Erwin to amend his zoning petition for 1515 North Anna Street. Motion was made by Mitchell, seconded by Ivey that the Council consider amending the petition at its next regular meeting. Motion carried. 8. The Council considered renewal of a contract with Pritchard and Abbott for appraisal of industries, oil, gas and utilities for the tax years of 1977-78. Councilman Nash expressed his opposition to such a contract. Motion was made by Hughes, seconded by Stephens that the matter be tabled. Motion carried. October 5, 1976 Continued 9. The Council considered a Quit Claim Deed from the City of Denton to Sam Fuller, et al. Motion was made by Mitchell, seconded by Ivey to approve the requested Quit Claim Deed and to authorize the Mayor to sign same. Motion carried. 10. The Council considered the State Highway Department Agreement relative to construction of South Carroll Boulevard. Motion was made by Nash, seconded by Mitchell to approve the Agreement with the Texas Highway Department and to authorize the Finance Director to finance the City's share from available street improvement bond funds in the amount of $494,200. Motion carried. ll. The City Council considered extension of a paving contract to include the construction of North Bell Avenue between Coronado and Peach Streets. The City Manager stated that the present Paving Assessment Contract with Jagoe Public Company stated that an 8.5% cost increase would be required. He requested that the Council authorize the staff to submit this project for bids. Motion was made by Nash, seconded by Ivey to authorize the staff to advertise for bids for the extension of North Bell Avenue. Motion carried. 12. The City Attorney discussed the legal procedure of the rules and regulations for the Denton City Council. He said: (A) Two members of the Council can remove agenda items if the Council gives them the right. (B) The two member Agenda Sub-Committee cannot postpone indefinitely an agenda item requested by a Council Member. (C) The City Charter allows the Council to set its own rules. 13. The following Ordinance was presented: ORDINANCE NO. 76-45 (Ms. Alvin Whaley) 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. 15, BLOCK NO. 412, 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 Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. The following Ordinance was presented: ORDINANCE NO. 76-46 (Hardy Burke III) 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. 4, BLOCK NO. 187-4, 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 Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 15. The Council considered hiring Frank Booth to represent the City of Denton in the City of Frisco's suit over Aubrey Reservoir. Motion was made by Nash, seconded by Stephens that Frank Booth be hired to represent the City of Denton in the City of Frisco's suit over Aubrey Reservoir. Motion carried. October 5, 1976 Continued 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 5TH DAY OF OCTOBER, A.D. 1976. RESOLUTION WHEREAS, the position and functions of "Warrant Officer" has been under the supervision of the Legal Department; and WHEREAS~ the City of Denton believes that more efficient operation and control of such functions could be obtained by transferring the "Warrant Officer" to the Police Department; and WHEREAS, it is necessary to amend the 1976-77 Budget for the City of Denton to effectuate such transfer and such amendment includes the transfer of the sums of monies listed on Exhibit A attached hereto from the Legal Department to the Police Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The 1976-77 Budget for the City of Denton is hereby amended by transferring the monies as listed on the attached Exhibit A from the Legal Department to the Police Department and the City Manager is directed to so amend the budget. PASSED AND APPROVED this the 5th day of October, A. D. 1976. /s/ ELINOR HUGHES, 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 TRANSFER THE FOLLOWING SUMS FROM ACCOUNT NUMBERS: 01-02-80-03 Labor Operations $10,088.00 01-02-80-05 Social Security 590.00 01-02-80-06 Withholding 489.00 01-02-80-08 Longevity 108.00 01-02-89-09 Workmens Compensation 235.00 01-02-80-10 Insurance 174.00 Rig No. 4 01-02-85-08 Motor Pool 811.92 01-02-81-04 Gas, Oil 460.00 01-02-83-42 Vehicle Maintenance 625.00 01-03-83-44 Radio 200.00 TO ACCOUNT NUMBERS: 01-30-80-03 Labor Operations $10,088.00 01-30-80-05 Socia~ Security 590.00 01-30-80-06 Withholding 489.00 01-30-80-08 Longevity 108.00 01-30-89-09 Workmens Compensation 235.00 01-30-80-10 Insurance 174.00 October 5, 1976 Continued Rig No. 4 01-30-85-08 Motor Pool 811.92 01-30-81-04 Gas, Oil 460.00 01-30-83-42 Vehicle Maintenance 625.00 01-30-83-44 Radio 200.00 Motion was made by Mitchell, seconded by Ivey that the Resolution be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 17. Motion was made by Mitchell, seconded by Ivey that the following Purchase Orders in excess of $3,000 be approved for payment: (A) P. O. #30670 to Kerss, Chapman & Norsworthy, Inc. in the amount of $10,300 (B) P. O. #30268 to Shaw Equipment Company in the amount of $4,198.09. Motion carried. 18. BIDS: (A) #8418 Poles and Fixtures Motion was made by Nash, seconded by Stephens that the bid be awarded as follows: ITEMS QUAN. DESCRIPTION PRICE EXTENSION AWARDED TO 1 4 30 ft. Gal. Poles ~237.00 ea. = 948.00 G.E. Supply 2 8 40 ft. Gal. Poles @285.00 ea. = 2,280.00 G.E. Supply 3 1 50 ft. Gal. Poles *@730.00 ea. : 730.00 G.E. Supply 4 1 4-in-one fixture @1,602.37 ea. = 1,602.37 WESCO 5 4 1000 W-MV Lamps @33.35 ea. = 133.40 Graybar Elec. 6 4 Fixtures for Sodium Lamp ~ @89.47 ea. = 357.88 WESCO 7 4 Sodibm Lamp · ~ · .~15.79 ea. = 63.16 WESCO * All the above awards are to the lowest bidder except item three. The low bid from Priester at $657.90 each does not meet the specifications in diameter size. Motion carried. (B) #8419 Community Center Floor Motion was made by Nash, seconded by Ivey that the bid be awarded to Master Concrete Floor Company in the amount of $13,427, and that the following Resolution be passed: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF OCTOBER, A.D. 1976. RESOLUTION WHEREAS, the City of Denton has engaged the services of Hatfield-Halcomb, Inc. Architects to perform certain services regarding the Community Center Concrete Floor Slab and the replacement and refinishing the same; and WHEREAS, the architects have taken bids regarding the work of reworking the floor in the Community Center; and WHEREAS, Master Concrete Floor Company of Dallas, Texas is the lowest and best bidder for said work; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to enter into a contract with Master Concrete Floor Company for said work; October 5, 1976 Continued NOW, THEREFORE, BE IT RESOLVED that the City of Denton does hereby accept the provisions of said contract, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the contract on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 5th day of October, A. D. 1976. /s/ ELINOR HUGHES, 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 On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 19. The Council adjourned into Executive Session at 9 p.m. to discuss Right-of-Way and Personnel. 20. The Council reconvened into Public Session at 11:40 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:45 p.m. MAYOR Municipal Building October 12, 1976 Special called meeting of the City of Denton City Council and Parks and Recrea- tion Board, Tuesday, October 12, 1976, at 5:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Stephens and Mitchell; City Manager Jim White, Parks & Recreation Director Dick Huck and Administrative Aide Tom Hart. Parks Board: Chairperson Cheek, Members Logan, Wright and Douthitt. ABSENT: City Council: Assistant City Manager Jack Owen and City Secretary Brooks Holt. Parks Board: Member Teaff. 1. A study session was hel~d to discuss Parks and Recreation facility development. Following considerable discussion concerning the Parks Bond Program, the following recommendations were made: North Lake Park 1. Construct the North Lake Road from Bonnie Brae to Georgetown. 2. Construct - 2 Baseball Fields w/lights 3. Construct - 2 Parking Lots 4. Playground/Picnic Facilities 5. 2 Soccer/Football Fields 6. 9 or 10 Tennis/Courts (one to be a multi-purpose court) 7. Sprinkler System for Athletic Field 8. Water/Sewer Line For The Facilities 9. 2 Restrooms Mack Park 1. Light three athletic fields and fencing 2. Two tennfs, couri~s with one multi-purpose court 3. Sprinkler ~Systems 4. Playground/Picnic Area 5. Two Parking Lots 6. One Football/Soccer Field 7. Water/Sewer Line constructed. Evers Park 1. Construct Parking Lots 2. Water/Sewer Line constructed to serve the North Restroom/as well as the new restroom. 3. Construct one restroom 4. Picnic Facilities Denia Park 1. Construct Park as proposed by the Federal Grant. Fred Moore Park 1. Construct Park as proposed by the Federal Grant. Southridge Park 1. Construct Park as proposed by the Federal Grant-Add two tennis courts. Senior Citizen FacilitS 1. Approval of $204,000 for Senior Citizen Facility. October 12, 1976 Continued 2. Mayor Pro Tem Ben Ivey then recommended the Parks Board begin reviewing architects for the Neighborhood Center. 3. The Council adjourned into Executive Session at 8:00 p.m. to discuss litigation. The Council reconvened into Public Session at 8:30 p.m. to report that no official action was to be taken. Meeting adjourned at 8:33 p.m, MAYOR Municipal Building October 19, 1976 Regular meeting of the City of Denton City Council, Tuesday, October 19, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Mitchell. 1. Motion was made by Ivey, seconded by Stephens that the minutes of the regular meeting of October 5, 1976 and the special called meeting of October 12, 1976 be approved. Motion carried. 2. REFERRAL: Motion was made by Nash, seconded by Ivey that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1283, the peti~f6n of Mr. Jack Bell, requesting that he be granted a change in zoning classification. Mr. Bell requests a change from the Single-Family (SF-7) classification to the General Retail (GR) classification on a portion of the lot at the northwest corner of McKinney and Mockingbird-Block 186F, Lot 19, in the 3000 block of McKinney. Motion carried. 3. The fourth grade class of Newton Rayzor Elementary School made the following recommendations to the Council: (A) Our first recommendation is for the planting of trees and/or shrubs around new businesses, apartment buildings and nursing homes. (B) Our second recommendation is for the planting of green areas in new shopping centers. Shopping centers should be required to ~e a certain amount of their land in green areas. (C) Our third recommendation is for the city to work with the state for improvement of the center median on University Drive. We recommend that trees and/or shrubs of the evergreen variety be planted down the middle of University Drive to make it attractive. We know that grass would require too much upkeep, but trees and shrubs could be planted and would not require so much care. The Mayor thanked the class for the interest in their City. Motion was made by Nash, seconded by Stephens to refer the recommendations to the Planning and Zoning Commission for study. Motion carried. 4. Robert Heiser, owner of Timber Oaks Estates--2nd Section (near Teasley Lane and Hobson Lane), stated that he was unable to develop his land since the Planning and Zoning Commission had advised that it could not consider his petition since it was located in the right-of-way of the proposed Loop 288 south extension. He added that he was requesting relief so that he could develop his property, which is being condemned without compensation. He requested that approval be given for him to proceed in his development. Motion was made by Nash to instruct the Planning and Zoning Commission to consider Mr. Heiser's request without considering Loop 288. Motion died for lack of a second. Motion was made by Hughes, seconded by Ivey to set up a study session with the Planning and Zoning Commission, and that the matter be brought back to the Council on November 23 with a firm recommendation relative to what will be done relative to this proposal. Motion carried. October 19, 1976 Continued 5. The Council considered the request of Hoyt Cole and Dale Irwin to re-zone property at 1515/1521 Anna Street from Single Family (SF-7) zone to Multi-family (MF-R) zone. The Director of Community Development stated that Mr. Cole and Mr. Erwin's petition was the same one presented to the Council on June 15, 1976. Councilman Nash stated that he would like to have a study on curb cuts on Carroll Boulevard and would like to know what property owners in the area thought about the new zone category. The Mayor stated that she would not want to vote on the matter without a curb cut policy. Motion was made by Nash, seconded by Ivey to table the matter and to set a study session with the Planning and Zoning Commission. Motion carried. 6. Garnet Gilbert, of Lone Star Gas, appeared requesting a gas rate increase. He stated that the increase would be approximately 53¢ a month per customer. He requested that the Council take action within 30 ~ays. Motion.was m~de by Stephens, seconded by Hughes that an Ad Hoc Committee, composed of the City Attorney and Councilman Nash, meet with officials of Lone Star Gas Company to discuss the matter. Motion carried 3 to 1. 7. The Council considered: (A) Policy on connecting utilities customers outside City limits. (B) Request of Wayne Stephens to connect to City water and sewer systems. (Mr. Stephens lives outside the City limits.) The City Manager stated that Denton has a temporary certificate of conven- ience for water and sewer issued by the Texas Public Utilities Commi.ssion. to serve extra-territorial jurisdiction. If we fail to serve we lose the certificate. Motion was made by Ivey, seconded by Nash to set a study session on the policy matter and to approve the request of Wayne Stephens. Motion carried. 8. The Council considered hiring an auditing firm. Councilman Stephens advised that 3 firms had been interviewed, but that the Council's Ad Hoc Committee was not ready for its recommendation until all members of the Council were present. The Mayor requested that an Executive Session be held next Tuesday, October 26, 1976 at 1:15 p.m. The Council concurred. 9. The Council received recommendation from the Planning and Zoning Commission concerning the proposed annexation of land south of Ryan Road for a senior citizens retirement center (Texas Meadows p~oject). The Director of Community Development advised that a public hearing date should be set relative to the matter. Motion was made by Stephens, seconded by Hughes to set a public hearing at the earliest convenient time. Motion carried. 10. The Director of Community Development presented a recommendation from the Plumbing and Mechanical Code Board concerning the adoption of a Mechanical Code for the City of Denton. Motion was made by Stephens, seconded by Nash that a meeting relative to the matter be set at the earliest convenient time. Motion carried. October 19, 1976 Continued ll. The following Ordinance was presented: ORDINANCE NO. 76-47 AN ORDINANCE ACCEPTING AN OFFER FROM NORTH TEXAS STATE UNIVERSITY CONCERNING THE CLOSING OF CERTAIN PORTIONS OF AVENUE D AND PRAIRIE STREETS; VACATING, CLOSING AND ABANDONING AS PUBLIC STREETS A PORTION OF AVENUE D LYING BETWEEN CHESTNUT AND HIGHLAND AND A PORTION OF PRAIRIE FROM AVENUE C TO AVENUE E AS PER MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACTS OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THEIR CONTINUED EXISTENCE; AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED; AND DECLARING AN EMERGENCY. Motion was made by Ivey, seconded by Stephens that the Ordinance be passed. On roll call vote Nash "Nay"~ Stephens "aye", Ivey "aye" and Hughes "aye". 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 19TH DAY OF OCTOBER, A.D. 1976. RESOLUTION WHEREAS, the City of Denton applied for a grant of funds under the U. S. Department of Housing and Urban Development Community Development Block Grant Program; and WHEREAS, the City of Denton received funding approval under Title 1 of the Housing and Community Development Act of 1974 in the amount of $192,000; and WHEREAS, the City Council of the City of Denton deems it in the best interests of the citizens of the City that such funding be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton accept a Community Development Block Grant in the.amount of $192,000 under Title 1 of the Housing and Development Act of 1974; and That the Mayor of the City of Denton is hereby authorized to sign all necessary documents regarding this grant, the acceptance thereof and the receipts for the funds. PASSED AND APPROVED this the 19th day of October, A. D. 1976. /s/ ELINOR HUGHES, 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 Ivey, seconded by Nash that the Resolution be passed. On roll call vote Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. October 19, 1976 Continued 13. '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 19TH DAY OF OCTOBER, A.D. 1976. RESOLUTION WHEREAS, HUD Handbook 1900.23, Appendix 2, Page 2, provides the recipient organization shall provide authenticated documentation, including a specimen signature, establishing the authority and delegation of this authority to the person who signs Standard Form 1194, as the authorizing official; and WHEREAS, the recipient organization, being the City of Denton, Texas, wishes to fulfill this requirement by passing a resolution naming this authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That Elinor Hughes, Mayor of the City of Denton, Texas, is hereby delegated the authority to sign Standard Form 1194 as the authorizing official on behalf of the City of Denton. The specimen signature for Elinor Hughes is shown below: /s/ PASSED AND APPROVED this the 19th day of October, A. D. 1976. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ WITNESSES: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS /s/ BEN IVEY, MAYOR PRO TEM APPROVED AS TO LEGAL FORM: /s/ /s/ W.S. Nash, Council Member PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ivey, seconded by Nash that the Resolution be passed. On roll call vote Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. The Council considered renewal of a contract with Pritchard and Abbott for industries, oil and gas, and utilities (Tabled October 5, 1976). Hugh Mixon, Tax.Assessor-Collector for the City, stated that this firm was an expert appraiser, was well qualified and that we need the same appraiser for the City and Schools, which would be advantageous to the City. Councilman Nash questioned if the City is benefitting from this appraisal. Councilman Stephens asked if the City employees could do this job? Mixon answered that there are no appraisal experts available to the City in this field and to hire such a man, if available, would cost the City a minimum of $12,000. Motion was made by Hughes, seconded by Ivey that Pritchard and Abbott be hired. 2 voted "aye" and 2 voted "nay". Motion failed. October 19, 1976 Continued 15. The Council received a report on proposed hearings on Sherman Drive paving project. The Director of Community Development proposed the following schedule: (A) Public review of alignment plans October 27th--3:00 p.m. to 8:00 p.m..--neighborhood review at Fire Station, Sherman & Kings Row. October 28th--3:00 p.m. to 8:00 p.m.--neighborhood review at Fire Station, Sherman & Kings Row. October 29th through November 4th--8:00 a.m. to 5:00 p.m.-- review at City En§ineers Office, Municipal Building. (B) Public hearing on alignment November 4th--7:00 p.m.--City Council hearing to review and approve alignment plans for Sherman Drive. (C) Project scheduling ,-, After November 4th 1. Land survey & appraisal 2. Property acquisition 3. Utility relocation 4. Completion of design plans 5. Sale of bonds - After January lst--advertise for bids (Construction schedule directly related to land acquisition, utility relocation and bond sal es ). 16. The Council considered recommendation on street light installation on Bell Avenue. Motion was made by Nash, seconded by Stephens to approve installation of the street lights on Bell Avenue as recommended by the Manager and the Utilities Board. Motion carried. 17. The Council received a letter of resignation from Mrs. Julie Dempsey from the Citizens Traffic Safety Support Commission. The Mayor stated that the new member would be determined at an Executive Session. 18. The Council considered the following Ordinance: ORDINANCE NO. 76-48 AN ORDINANCE AMENDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. The Council pointed out to the City Attorney several amendments to be made to the Ordinance. Motion was made by Stephens, seconded by Ivey to approve the Ordinance of Council Rules of Procedure as amended. On roll call vote Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. t5'2 October 19, 1976 Continued 19. The following Ordinance was presented: ORDINANCE NO. 76-49 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 20. The Council considered a request to advertise for sale of two water well pumps. Motion was made by Stephens, seconded by Hughes to authorize the Staff to advertise for bids for the sale of two water well pumps. Motion carried. 21. Motion was made by Nash, seconded by Hughes that the Council meetings for November be set for November 9 and November 23.. Motion carried. 22. BIDS: (A) #8421 Water Flow and Temperature Measuring Instrument Motion was made by Nash, seconded by Ivey that the bid be awarded as follows: Water flow and temperature instrument to Fischer& Porter Company, the only bidder, at a bid of $3,388, and that Item 2, two PH measuring instruments, be rejected at this time. Motion carried. 23. The Council discussed study sessions of the Planning and Zoning Commission and possible hearings on capital improvement projects with the Council attending the public hearings. 24. The Council adjourned into Executive Session at 10:10 p.m. 25. The Council reconvened into Public Session at 11:45 p.m. to report that no official action was to be taken. Meeting adjourned at 11:50 p.m. MAYOR Municipal Building October 26, 1976 Special called meeting of the City Council of the City of Denton, Texas, Tuesday, October 26, 1976 at 1:00 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Stephens and Nash; City Manager Jim White, Assistant To The City Manager King Cole and City Secretary Brooks Holt. ABSENT: Council Member Mitchell 1. The Mayor opened the meeting and the Council immediately adiourned into Executive Session to discuss personnel. 2. The Council reconvened into Public Session at 2:00 p.m. to consider appointment of an auditing firm for the City of Denton. Motion was made by Stephens, seconded by Ivey that the auditing firm of Alexander Grant & Company of Dallas be hired as auditors for the 1975-76 fiscal year for the City of Denton. Motion carried. Meeting adjourned at 2:15 p.m. MAYOR SECRETARY Municipal Building November 4, 1976 Special called meeting of the City Council of the City of Denton, Texas, Thursday, November 4, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Members Nash, Mitchell and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. PUBLIC HEARINGS: The Mayor opened the meeting and requested remarks from the Director of Community Development for a brief review of the project. (A) A public hearing was held to review the alignment plans for the Sherman Drive paving project between Bolivar Street and Hercules Lane. Speaking were: Joseph L. Fearing, 525 Roberts--recommended closing Brown at Sherman. Asked about drainage problems in the area east of Brown. Dr. David Thomas, Brown Street--wanted Sherman Drive moved farther from his residence and discussed possibility of a cul-de-sac at the end of Brown. Mrs. Henry Whiddon, 528 Roberts--agreed with Fearing and Thomas. Bob Laforte, corner Sherman and Windsor--suggested by letter that the City take area for sidewalk plus one foot of grass area from the west side of Sherman Drive with the east. line of Sherman remaining as is between Stuart and Cooper Creek bridge. · '~ The Council Concurred. Tom Harrison, Bell and Sherman--advised of the dangerous situation for him to get out of his driveway. Dick Adkinson, Pastor of Asbury Methodist--favored sidewalks on Sherman Drive and favored changing the name of Henry to Sherman. Robert Speake, 1926 N. Locust--worried about the width of the street at his property. Councilman Mitchell asked about the location of mailboxes. The Director of Community Development stated that mailboxes would be placed as required by law. Albert Jackson, 200 Buckingham at Sherman--noise should be considered in type of paving on Sherman Drive. Tom Davis, 211 Woodland--stated that he was well pleased with the plans for Sherman Drive. Bob Mizell--asked about the intersection of Sherman and Stuart. Jimmie Cooper, Sherman Drive--was concerned with possible lack of access to her business building and possible water cut off during construction. T. C. Bowman--asked about the advisability of a light in the mornings at the Stuart intersection. Mrs. Luther Nelson--was concerned with the drainage problems in the Preston Place, Brown area. The public hearing was closed. November 4, 1976 Continued (B) A public hearing was held to consider changing the name of Henry Street to Sherman Drive as a part of the 1973 Improvement Program. Joe Bailey spoke in favor of changing the name of Henry Street to Sherman Drive, and a show of hands indicated that most all people present were in favor of the proposed change. The public hearing was closed. The following Ordinance was presented: ORDINANCE 76-50 AN ORDINANCE CHANGING THE NAME OF HENRY STREET TO SHERMAN DRIVE; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 2. CONSIDERATIONS: (A) The Council considered approval of the Sherman Drive alignment plans and direct the staff to proceed with land acquisition and utility relocation. After considerable discussion, motion was made by Mitchell, seconded by Ivey to table the discussion of the Sherman Drive alignment plans until the Council has time ~o.look.~t' it at.~n_on ~.i§~t in~ect~on.' M~'o~ carried. The Council concurred to place the matter on the agenda for the next regular meeting on November 9, 1976. The Council also concurred that between Stuart and Windsor to leave the southeast curb line at its present location. 3. BIDS: (A) #8423 Traffic Signal Materials Motion was made by Nash, seconded by Stephens that the bid be awarded as follows: Item 1, traffic signal controllers to Signal Engineering at $27,225 Item 2, signal heads to Automatic Signal at $8,434.60 Item 3, signal heads to Automatic Signal at $3,333.75 Item 4, signal heads to Automatic Signal at $3,927.00 Item 5, pedestrian signals~to Automatic Signal at $5,608.64 Item 6 deleted Item 7, mounting brackets to Ve-Ped at $11,811.00 Item 8, pole bases to Signal Engineering at $1,960.56 Item 9, cable to Traffic Signal Co. at $3,988.50 Item 10, cable to Traffic Signal Co..at $1,260.48 Item 11, signal poles to Ve-Ped at $29,222 Total cost of the materials to be purchased at this time is $96,771.53. Motion carried. (B) #8424 North Bell Avenue paving Motion was made by Hughes, seconded by Ivey that the bid be awarded to the low bidder, Jagoe Public Company at a bid of $35,131.40. Motion carried. (C) #8425 Intersection revisions on University Drive Motion was made by Ivey, seconded by Nash that the bid be awarded to the low bidder, Ed Bell Construction Company at a total bid of $13,462. Motion carried. November 4, 1976 Continued 4. The Council adjourned into Executive Session at 9 p.m. 5. The Council reconvened into public session at 9:45 p.m. to announce that no official action was to be taken, Meeting adjourned at 9:50 p.m. C I'TY SECRETARY' Municipal Building November 9, 1976 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 9, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; Assistant City Manager Jack Owen, Assistant City Attorney Jerry Ware and City Secretary Brooks Holt. ABSENT: City Manager Jim White and City Attorney Paul Isham. 1. Motion was made by Ivey, seconded by Stephens that the minutes of the meetings of October 19 and October 26, 1976 be approved. Motion carried. 2. The Mayor read a proclamation proclaiming the week of November 21-27, 1976 as National Family Week, and presented it to Dr. Richard Ragsdale. 3. The Council considered approval of the Sherman Drive alignment plans. The Mayor advised that the Council had observed the area with an on-site inspection. -- Council Member Nash stated that Sherman at the curve at Brown and Greenwood should be moved a bit to the northwest, since the street would be too close to the residence of Dr. David Thomas on Brown Drive at Sherman. Motion was made by Nash, seconded by Ivey to table the matter until the meeting of November 23, or when most convenient, and requested a drawing of the change from the Community Development Department. Motion carried. - 4. The Council considered amending the Ordinance creating the Community Ethnic Relations Board by removing the clause requiring the Board be automatically dissolved after two years and providing for staggered terms. Frank Davila, Secretary of the Community Ethnic Relations Board, spoke in behalf of the Board. Motion was made by Nash, seconded by Stephens to instruct the City Attorney to prepare an appropriate ordinance deleting the self destruct clause of the original Ordinance and to provide for staggered terms for Board members. Motion carried. 5. The Council considered an agreement with Ellis L. Uland to acquire property as a part of Street Assessment Project #7. Motion was made by Nash, seconded by Mitchell that the agreement be approved. Motion carried. 6. The Council considered a Quit Claim Deed on a utility easement in the Freeway Park subdivision. Following a briefing by the Assistant City Manager, motion was made by Nash, seconded by Mitchell to authorize the Mayor to sign the Quit Claim Deed on completion of work by the contractor. Motion carried. 7. The Council considered an agreement between the City of Denton and the Texas Park and Wildlife Department for the Denton Park Project. Motion was made by Nash, seconded by Hughes to approve the agreement and to authorize the Mayor to sign. Motion carried. November 9, 1976 8. The Council considered approval of the Tax Roll for 1976 as follows: ACCOUNTS ~TAX VALUATION 1,432 $ 499,234.35 $ 28,046,874.00 Business Personal 10,736 171,412.30 9,629,905.00 Personal Property 13,740 1,759,776.45 98,863,846.00 Real Estate ~ $2,~3~,423.10 $136,540,625.00 Motion was made by Ivey, seconded by Nash that the Tax Roll for 1976 be approved as submitted by the Board of Equalization and the City Tax Assessor- Collector. Motion carried. 9. The Council discussed the City's Pro-Rata Ordinance and the construction of water and sewer extensions in the water system. Motion was made by Nash, seconded by Mitchell that the matter be tabled and to schedule a study session with the Utilities Board within a month relative to the matter. Motion carried. Council Member Nash stated that the City was doing work for private apartments on Dallas Drive and he would like to see the City get out of this type of activity. 10. The following Ordinance was presented: ORDINANCE NO. 76-51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE TRANSFER AND SALE OF CERTAIN PROPERTIES AND PROPERTY RIGHTS BELONGING TO THIS CITY TO THE TEXAS MUNICIPAL POWER AGENCY; REPEALING AN ORDINANCE OF THE CITY OF DENTON; DECLARING AN EMERGENCY; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. After a briefing by Mayor Pro Tem Ivey and Assistant City Manager Jack Owen, motion was made by Ivey, seconded by Mitchell that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "nay", Ivey "aye" and Hughes "aye". Motion carried 4 to 1. ll. The Mayor introduced Jerry Ware, the Assistant City Attorney. 12. The Council adjourned into Executive Session at 8 p.m. to discuss land acquisition and personnel. 13. The Council reconvened into Public Session at 9 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:05 p.m. MAYOR ~Y SECRETARY Municipal Building November 17, 1976 Joint meeting of the City Council, the Planning and Zoning Commission and the Utilities Board of the City of Denton, Texas, Wednesday, November 17, 1976 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Step~-~-s and Nash, City Manager Jim White, City Attorney Paul Isham and City Secret~ry Brooks Holt. Planning and Zoning Commission: Manning, Hill, Powell, Ryan, Kamman, McAdams and Brady. Utilities Board: Harpool, Ramey and Davis. 1. The Mayor opened the meeting requesting the City Manager to brief the Council relative to providing utilities outside the corporate limits. (A) Mr. White explained that the City has a Certificate of Convenience from the State and the State says that the City shall serve those within our Extraterritorial Jurisdiction. (B) Tom Harpool, Utilities Board Chairman, stated that the Utilities Board was concerned and felt that city building and other regulations should be imposed if utilities are extended. (C) Paul Isham, City Attorney, stated that the Attorney General had rendered an opinion relative to setting rates within the City but they have not for out of city customers. (D) Jim Jones, Director of Community Development, stated that the point of conflict was making these properties a part of the corporate City of Denton or allowing them to expand as a part of the Denton County rural area, adding that from a planning and development viewpoint it was logical that land serviced by the City and financed by the Denton taxpayers should be fully included in our City. He also said that the Planning Staff recommends that all policy concerning utilities service be continued and that all service areas 'be annexed to the City of Denton at the time of their development. (E) Mayor Hughes asked if the Utilities Commission would allow the City to require certain regulations prior to annexation. (F) Isham--answered that only to those things associated with utilities. (G) Mayor Hughes--what do we do to change policy? (H) Isham--pass an ordinance to include rules and regulations of utility extensions. Motion was made by Manning, seconded by McAdams that the Planning and Zoning Commission recommend to the Council to continue honoring the Certificate of Convenience, and that those receiving utilities be considered for annexation as soon as possible. Motion carried. Motion was made by Stephens, seconded by Mitchell to instruct the City Attorney to prepare an appropriate ordinance relative to extension of utilities and possible annexation. Motion carried. 2. The status of the proposed Loop 288 Project was reviewed and the request of Bob Heiser, developer, to plat and develop land near Teasley Lane and Hobson Lane was discussed. (A) The City Manager stated that about a year ago the Council and the Planning and Zoning Commission decided to continue with Loop 288 but that later it was announced by the Highway Department that there would be no new project of this type for some time to come because of funding problems. He added that Mr. Kel'ler, Highway Department Engineer, stated that Loop 288 would be built as originally planned or no Loop, November 17, 1976 Continued (B) Bill Utter, representing the Chamber of Commerce, stated~that he believed that Federal funds would be pumped into State highways, and u~ged that the Council instruct Mr. White to continue his efforts with the Highway Department. He also suggested Mr. Heiser's property on Loop right-of-way be purchased. (C) Manning stated that neither the Planning and Zoning Commission nor the Council were ever against the desirability of the Loop, but its feasibility. (D) John Lawhon, Montecito resident, stated that he was against the proposed Loop which was totally unjustified as an effective plan, and that it would be an artificial barrier between sections of the City. He added that the City does not have the money and neither does the State to do the job. He was against buying land from the developer. (E) George Olufsen and Paul Schueler, Montecito residents, spoke against the Loop al~o. (F) Council Member Nash stated that the developer has the right to plat and utilize his land and if we want it we should buy it, and we would have to pay his price or condemn it. But where is the money coming from? Motion was made by Nash to grant Mr. Heiser's petition to plat his property. Motion died for lack of a second. Motion was made by Ivey, seconded by Mitchell to keep the policy of Loop 288 open as a viable project. Motion carried. Motion was made by Manning, seconded by Hill that the matter of the Heiser plat be tabled. Motion carried. Mayor Pro Tem Ivey requested a meeting with the City Staff to determine what problems are current. The City Manager said that he could give a report now. White advised that: 1. Federal Government requires a minimum road width.' 2. Several public hearings would have to be held. 3. Environmental studies would have to be made. 4, The State has said that they simply could not proceed now. 5. Construction south of Ryan would increase cost considerably. 6. The Highway Commission is the only agency to check with on this matter. Councilman Nash stated that we should take action to give Mr. Heiser an answer by the first meeting in January. 3. The Council considered suggestions made by the 4th grade class of Newton Rayzor Elementary School for specific beautification programs, and to determine the proper role of the City in such environmental programs. Isham stated that it would be almost impossible to legally enforce a requirement for property owners to plant trees, grass, hedges, etc. Manning suggested that the City investigate programs of other cities and present the framework of these plans to the Council. The Commission concurred to recommend such to the Council. Motion was made by Stephens, seconded by Mitchell to accept the recommendation of the Planning and Zoning Commission for a report fr'om the Community Development Department as soon as possible, with the final report to be made by February of 1977. Motion carried. November 17, 1976 Continued 4. The policy concerning curb cut regulations, with specific reference to driveways on Carroll Blvd. was reviewed to establish guidelines for all curb cut applications. The Mayor stated that the City is setting a precedent by granting curb cuts on Carroll Blvd.--that others will request the same. Council Member Nash--can adjacent owners legally be deprived of access to streets? Jones--most of the property on the east side of Carroll Blvd. belongs to the City. The houses face Anna Street. 5. The Council considered the request of Hoyt Cole and Dale Irwin to rezone property at 1515/1521 Anna Street from Single-family (SF-7) zone to Multi-family (MF-R) zone. (The original application was filed on March 23, 1 976. ) . Motion was made by Stephens, seconded by Nash to grant the request of Mr. Cole and Mr. Irwin to rezone property at 1515/1521 Anna Street from Single- family (SF-7) zone to M~lti-family (MF-R) zone, with curb cut, but that this action does not commit the Council to a curb cut policy on Carroll Blvd. Motion carried 4 to 1. 6. The Director of Community Development gave a brief report on the status of the capital improvements policy and presented a time table to the Council and the Planning and Zoning Commission. Meeting adjourned at 11:05 p.m. Municipal Building November lB, 1976 Emergency called meeting of the City Council of the City of Denton, Texas, Thursday, November 18, 1976 at 1:00 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Council Members Stephens and Nash; Assistant City Manager Jack Owen, Assistant To The City Manager King Cole and City Secretary Brooks Holt. Also present were Joe Maddox and Harold Orr of the Highway Department. ABSENT: Mayor Pro Tem Ivey, Council Member Mitchell and City Manager Jim White. 1. The Council considered authorizing the payment of an additional sum of money to be deposited with the State Highway Department for Carroll Boulevard. Motion was made by Nash, seconded by Stephens to authorize furnishing a warrant in the amount of $20,400.00 made payable to the State Treasurer, Account of Trust Fund No. 927, for Denton's portion of an additional cost for construction of Carroll Boulevard. Motion carried. Meeting adjourned at 1:15 p.m. MAYOR CITY SECRETARY Municipal Building November 19, 1976 Emergency called meeting of the City Council of the City of Denton, Texas, Friday, November 19, 1976 at 1:30 p.m. in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham, Assistant To The City Manager King Cole and City Secretary Brooks Holt. Also present were Tom Harpool, Marvin Ramey, Keith Shelton, members of the Public Utilities Board and Ernie Tullos, Electrical Engineer. 1. The Council held an Executive Session to discuss Lone Star Gas 1 itigation. 2. The Council then convened into open session to further discuss Lone Star Gas litigation and to authorize the Staff to take appropriate action. 3. Motion was made by Ivey, seconded by Mitchell to authorize payment of $1,234,062.25 claimed by Lone Star Gas for take or pay, which is in dispute, in twelve equal monthly payments of $102,838.52. Motion carried. Motion was made by Mitchell, seconded by Ivey to authorize the City Attorney to take legal action to recover the take-pay payment in dispute and to authorize the employment of Jack Gray and Joh~Sullivan, Attorneys, to assist the City Attorney in the Lone Star dispute. Motion carried. Meeting adjourned at 2:15 p.m. Municipal Building November 23, 1976 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, November 23, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: City Secretary Brooks Holt. 1. Motion was made by Nash, seconded by Ivey that the minutes of the Special Called Meeting of November 3, 1976, the Regular Meeting of November 9, 1976 and the Special Called Meeting of November 17, 1976 be approved. Motion carried. 2. REFERRALS: (A) Motion was made by Ivey, seconded by Mitchell that Z-1285, the petition of Mr. William R. Hender and Wesley K. Wyatt, requesting that they be granted a zoning change from the Multi-Family (MF-1) classification to the Office (0) classification on property located at 1835 N. Locust be referred to the Planning and Zoning Commission for its recommendation. (This site is more particularly described as Lot 5, Block 412.) Motion carried, (B) Motion was made by Mitchell, seconded by Ivey that Z-1286, the petition of Mr. Richard Barrett, requesting that he be granted a zoning change from the Single Family (SF-7) classification to the General Retail (GR) class- ification on property located at 903 and 907 McCormick Street be referred to the Planning and Zoning Commission for its recommendation. (This property is more particularly described as Lots 9 and 10 of Block 373.) Motion carried. - (C) Motion was made by Stephens, seconded by Ivey that Z-1287, the petition of Mr. Joe P. Farina, requesting that he be granted a zoning change from the Agricultural (A) classification to the General Retail (GR) classification on property located on both sides of Londonderry Lane west of Teasley be referred to the Planning and Zoning Commission for its recommendation. (This strip includes approximately 5.8 acres and is typically 95 feet deep on the north side and 100 feet deep on the south side of Londonderry, and is more particularly described as Lot 1, Block 233C.) Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1282, the petition of the Christian Fellowship Foundation, requesting that it be granted annexation and Planned Development (PD) zoning for a 157 acre tract located on the south side of Ryan Road. This site, located approximately 3/4 mile west of FM 2181, is to be developed as a retirement village. Tom Jester, representing Acme Brick Company, appeared before the Council and asked that the record reflect that Acme Brick Company owns property that it is currently mining. This land is immediately south of the proposed property to be annexed. Mr. Jester stated that when this property is annexed, Acme Brick Company's mining operations will then be located within the extraterritorial jurisdiction of the City of Denton. After hearing one proponent and none in opposition, Jim Jones, Director of Community Development, reported that the Planning and Zoning Commission recommends approval. He further explained that annexations were governed by State statute and the State statute prohibits taking action at this time. The Council deferred this item until the meeting of December 7, 1976. November 23, 1976 Continued (B) A public hearing was held to consider the adoption of the 1973 Edition of the Uniform Mechanical Code for the City of Denton. Bob Turnbull, Chairman of the Plumbing and Mechanical Code Board, appeared before the Council and recommended that the 1973 Edition of the Uniform Mechanical Code, as amended by the Plumbing and Mechanical Code Board be approved. The following Ordinance was presented: ORDINANCE NO. 76-52 AN ORDINANCE ADDING TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, A NEW CHAPTER 16 ENTITLED "MECHANICAL CODE" REGULATING THE INSTALLATION, ALTERATION, REPAIRS AND MAINTENANCE OF HEATING, VENTILATING, COOLING, AND REFRIGERATION SYSTEMS, INCINERATORS AND MISCELLANEOUS HEAT PRODUCING APPLIANCES IN ALL BUILDINGS AND STRUCTURES WITHIN THE CITY; DEFINING ADMINISTRATIVE RESPONSIBILITY; PROVIDING FOR PERMITS AND FEES; PROVIDING ALTERNATIVE REQUIREMENTS; ESTABLISHING A MECHANICAL CODE, AND ADOPTING CERTAIN INSTALLATION REQUIREMENTS AND APPENDICES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, AND PROVIDING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Ivey that the Ordinance be passed. On roll call vote Nash'"aye", Mitchell "aye", Stephens "aye", Ivey "aye" Hughes "aye". Motion carried (See Ordinance #76-52 in packet #4777 of the City Secretary's Office for amendments.) (C) A public hearing was held on Z-1284, the appeal of Mrs. Morelle Miller, requesting a change in zoning classification from the Single Family (SF-7) to the Office (0) classification on property located at 500 Panhandle Street. This property is further described as being the northwest corner of Panhandle at Carroll. After hearing one proponent and none in opposition and a report that the Planning and Zoning Commission had denied the appeal and a 4/5 vote would be required for passage, motion was made by Mitchell, seconded by Ivey that the appeal be denied. Motion carried. (D) A public hearing was held on Z-1283, the appeal of Mr. Jack Bell, requesting the zoning classification of a one acre tract located in the 3000 block of McKinney Street be changed from the Single Family (SF-7) to the General Retail (GR) classification. This property is located at the northwest corner of the intersection of McKinney and Mockingbird Streets. After hearing two proponents and one in opposition, and a report that the Planning and Zoning Commission had denied this request and it would require a 4/5 vote for passage, motion was made by Stephens, seconded by Ivey to deny the request. Motion carried. 4. Ms. Roberta Donsbach, representing the Denton County Nutrition Task Force, appeared before the Council recommending that the City Council enter into a program to provide meals for Denton's elderly citizens. She explained that the project is designed to provide a hot lunch program, recreation, referral and counsel services and blood pressure check for citizens over 60 years of age. The funds for this project will be as follows: City of Denton's share ....................... $7,251.80 City of Lewisville's share ................... $2,326.70 Governor's Committee On Aging share ......... $60,074.50 The City Manager explained to the Council that there were no funds budgeted for this program and that our matching funds would have to come from revenue sharing. Motion was made by Nash, seconded by Stephens that the request for funds be granted. Motion carried. November 23, 1976 Continued 5. John David Brown and Harry Down, representing residents adjacent to the North Lakes Park, appeared before the Council and spoke in opposition to using Georgetown Drive as an access into North Lakes Park. Mr. Brown suggested that using Georgetown as an access to the Park would cause excessive traffic on that street, which would deteriorate property values and present a safety hazard to the children in that neighborhood. Mr. Down recommended that the main access should be Bonnie Brae, Hinkle and Malone. Mr. Parker Blair appeared before the Council and asked all people in the audience in opposition to using Georgetown Drive to please stand up. Approximately 50 people stood in opposition. Motion was made by Nash, seconded by Mitchell that the City Planning Staff should abandon the idea of using Georgetown Drive as an access to North Lakes Park. Motion carried. 6. Carl Young appeared before the Council concerning problems of the Black citizens living in southeast Denton. Mr. Young complained that the rail- road crossing at E. Prairie Street was very dangerous. He requested that the City Council change the grade and put up railroad crossing signals. He also complained that there were no Blacks in the City of Denton Fire Department. Motion'was made by Hughes, seconded by Ivey that the Mayor be empowered to write a letter to the Railroad Company encouraging them to improve the crossing at the E. Prairie Street intersection. Motion carried. 7. Kenneth Stout and Richard Podgorski appeared before the Council concerning fire protection outside the city limits. Both individuals recommended that the City Council reconsider their previous decision to stop fire runs outside the city limits on January 1, 1977. The City Council explained that it was no longer economically feasible to provide fire protection outside the city limits at the current rate of reimbursement'by the County Government. Wayne Ryan, Chairman ~of the County Commissioners Committee To Study Fire Protection In the County, appeared before the Council and asked for an extension of the deadline of January 1, 1977. The City Council stated that it would consider an extension if the request came from the Commissioners Court with a good faith effort to cooperate. City Attorney Paul Isham explained to the Council that the City of Denton has no legal obligation to provide fire protection outside the City of Denton corporate limits. Motion was made by Ivey, seconded by Mitchell that the City Manager and the Fire Chief meet with the Commissioners Committee on fire protection in the County to discuss alternatives. Motion carried. 8. The following Ordinance was presented: ORDINANCE NO. 76-53 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 75-13 WHICH CREATED THE "COMMUNITY ETHNIC RELATIONS BOARD"; PROVIDING FOR STAGGERED TERMS OF BOARD MEMBERS; PROVIDING FUNCTIONS FOR SAID BOARD; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Nash that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye'~. Motion carried. November 23, 1976 Continued 9. The Council considered plans to re-align the proposed Sherman Drive improvements 5 feet to the north. Motion was made by Nash, seconded by Hughes that Sherman Drive be re-aligned 5 feet to the north at an additional cost of $10,000. Motion carried. Motion was made by Stephens, seconded by Mitchell that the over all alignment of Sherman Drive be approved and in the construction of the 61 ft. roadbed of Sherman Drive to replace the east side curb and gutter at the present location extending to the south in a straight line from Cooper Creek to Wilsonwood Drive and beyond to the extent of the present curb and gutter construction. Motion carried. Motion was made by Nash, seconded by Stephens that a public hearing be ca~led to close the intersection of Brown Street and Sherman Drive. Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 76-54 (Hoyt Cole & Dale Irwin) 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. 29.3, CITY BLOCK NO. 437, 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 Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "nay". Motion carried 4 to 1. 11. The City Council received a recommendation from the Citizens Traffic Safety Support Commission concerni~§ improvements at the intersection of Avenue A and McCormick Street. The Citizens Traffic Safety Support Commission recommended: (A) Make McCormick Street one-way southbound between Underwood Street and Avenue A. (B) Erect "Do Not Enter" signs at McCormick and Avenue A for northbound vehicles. (C) Erect "No Right Turn" sign for southbound Avenue A traffic at the McCormick Street intersection. (D) Install proper lane markers by using ceramic buttons throughout the entire intersection. Motion was made by Mitchell, seconded by Ivey that the recommendations of the Citizens Traffic Safety Support Commission be approved. Motion carried. 12. The City Council received a recommendation from the Citizens Traffic Safety Support Commission concerning proposed revisions to the Loading Zone Ordinance. The main provision recommended by the Commission was to authorize the Police Department to impound vehicles improperly parked in a loading zone. Motion was made by Hughes, seconded by Ivey that the City Attorney be instructed to draft amendments to the Ordinance implementing the recommendation of the Citizens Traffic Safety Support Commission. Motion carried. 13. The Council received a letter of resignation from Michael Grandey as a member of the Citizens Traffic Safety Support Commission. November 23, 1976 Continued 14. 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 23RD DAY OF NOVEMBER, A.D~ 1976. RESOLUTION - WHEREAS, the City of Denton has requested from the Texas & Pacific Railway Company permission to attach traffic signs to railway bridge No. 209.7; and WHEREAS, the railway company has consented to allow the City to attach such signs and wishes to enter into a written contract to permit such attachment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council of the City of Denton, Texas hereby authorizes and empowers Elinor Hughes, Mayor of the City of Denton, Texas, to enter into and execute for and in the name of the City one certain written agreement dated September 1, I 976, between said City of Denton and the Texas And Pacific Railway Company, respecting the grant by said Railroad and acceptance by the City of permission to attach traffic signs to railway company bridge No. 209.7 on said Railroad's premises in said City, true copy of said agreement being attached hereto as part hereof; and That funds be appropriated and available for the payment of all costs agreed to be paid by City under the terms of said agreement. PASSED AND APPROVED this the 23rd day of November, A. D. 1976. /s/ - ELINOR HUGHES, MAYOR CITY O~ 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 Nash, seconded by Mitchell that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 15. Motion was made by Stephens, seconded by Nash that Grant Jacobson be appointed to the Research and Economic Development Board and that Lou Ephraim be appointed to the Citizens Traffic Safety Support Commission. Motion carried. 16. Motion was made by Nash, seconded by Ivey that Dr. J.K.G. Silvey be appointed as representative and Bobette Higgins as alternate representative to a Public Involvement Program in connection with comprehensive water resources planning ~or the Trinity River. Motion carried. November 23, 1976 Continued 17. BIDS: (A) #8429 Annual tree trimming Motion was made by Stephens, seconded by Hughes that the bid be awarded to Texas Line Service of Fort Worth, the low bidder, at an estimated cost of $12,000.00. Motion carried. 18. Motion was made by Ivey, seconded by Stephens that a purchase order over $3,000 for repairs on the Fiat-Allis Loader used at the Sanitary Landfill be approved. Motion carried. 19. The Council adjourned into E×ecutive Session at 11:15 p.m. 20. The Council reconvened into Public Session at 11:50 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:55 p.m. MAYOR ASSISTANT CITY SECRETARY Municipal Building December 7, 1976 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, December 7, 1976 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Nash. 1. Motion was made by Stephens, seconded by Ivey that the minutes of the Emergency Called Meeting of November 18, 1976, the Emergency Called Meeting of November 19, 1976 and the Regular Meeting of November 23, 1976 be approved. Motion carried. 2. REFERRAL: Motion was made by Mitchell, seconded by Stephens that the following petition be referred to the Planning and Zoning Commission for its recommendation: (A) The petition of the Denton State School requesting annexation into the City of Denton. Motion carried. 3. The Council considered adoption of the policies of the Emily Fowler Public Library, and were briefed by Joella Orr, Librarian. Motion was made by Stephens, seconded by Ivey to adopt the Library policies as submitted by the Library Staff and the Library Board. Motion carried. 4. The Council received a report on the proposed Eastside Fire Station. The Director of Community Development stated that the location, price, site conditions, drainage, utilities, availability and State Fire Insurance Board acceptance should be considered, adding that site recommendations should be available for Council review early in January. The Manager added that the Council could not enter into any type of contract at this time. Council Member Stephens suggested, and the Board discussed possible Committee to screen and select an architect. Motion was made by Mitchell, seconded by Ivey that the Committee be comprised of the Fire Chief, a representative of the Council, a representative of the Administration and a representative from the Community Development Department plus a qualified University person in the Art Department who is majoring in Architecture. Motion carried. 5. 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 7TH DAY OF DECEMBER, A.D. 1976. RESOLUTION WHEREAS, adequate housing is a necessary ingredient to the maintenance of the standard of living in this country; and WHEREAS, it is important that every human being have access to adequate housing of his choice; and WHEREAS, it is beneficial to the social and economic welfare of the entire city that every person have access to adequate housing; and December 7, 1976 Continued WHEREAS, the City Council recognizes the problems facing the citizens of Denton, Texas, in obtaining access to adequate housing; and WHEREAS, the law of the land is that no citizen can be denied access to housing of his choice because of race, color, religion, sex, or national origin; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That this City Council endorses and supports the principle of fair and open housing; as set forth in Title VIII of the Civil Rights Act of 1968, and the right of every person to have access to adequate housing of his own choice without regard to race, sex, color, religion, or n~tural origin; and That this City Council encourages all citizens to respect and support the law of the land in regard to the right of every person to have access to adequate housing of his own choice; and That this City Council encourages all citizens to undertake voluntary actions to foster racial harmony, including individual and group decisions to promote fair and open housing and individual commitment to avoid discrimination in all sale, all rental of property; and That the City will maintain cooperation with fair housing groups, human relations bodies and other social, civic and religious groups interested in facilitating open communities. PASSED AND APPROVED this the 7th day of December, A. D. 1976. /s/ ELINOR HUGHES, 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 Mitchell, seconded by Ivey that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 6. The Director of Community Development gave a report on the Community Development Grant Application for 1977. He suggested the following schedule to meet the February 17, 1977 filing deadline: December 21 Receive tentative project list January 4 Public Hearing before the City Council January 5 Public Hearing before the Planning Commission January 18 Detailed consideration of alternatives 7. The Director of Community Development briefed the Council on scheduled meetings relative to the Capital Improvement Program. He extended an invitation to the Council Members to address the Planning Commission at a meeting on December 15, 1976 at 7 p.m. [72 December 7, 1976 Continued 8. The Council received a recommendation from the Electrical Code Board pertaining to recommended revisions to the electric licensing laws. Motion was made by Stephens, seconded by Ivey to instruct the City Attorney to draw up an appropriate ordinance with the revisions to read as follows: "any individual holding a journeyman's license not valid in the City of Denton may be issued a temporary work permit upon payment of a $2.00 fee, provided this person is sponsored by a master electrician having current license with the City of Denton. This temporary work permit will be valid until the next examination date." Motion carried. 9. The Council received a Minute Order from the Planning and Zoning Commission recommending vacating a portion of an easement in the Southpark Addition. Motion was made by Stephens, seconded by Ivey to approve the request and to direct the City Attorney to prepare an appropriate Quit Claim Deed. Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 76-55 AN ORDINANCE PROHIBITING TWO-WAY VEHICULAR TRAFFIC ON PORTIONS OF MCCORMICK STREET SOUTHBOUND BETWEEN UNDERWOOD STREET AND AVENUE A, AFTER FINDING THAT THE _ PUBLIC SAFETY AND WELFARE REQUIRES ONE-WAY THEREUPON; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING THE INSTALLATION OF PROPER SIGNS AND MARKINGS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 76-56 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR CURB LOADING ZONES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Ivey that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 12. BIDS: (A) #8427 Replacement Vehicles The Manager recommended approval of the bid, explaining that the funds for payment were from the Motor Pool fund. Motion was made by Mitchell, seconded by Ivey that the bid be awarded as follows: Item 1 Two 3/4 Ton Vans - replacement for Rig #5213 Electric Distribution and Rig #6108 Water and Sewer, to the low bidder, Banner Chevrolet, at $4,635.75 each for a total of $9,271.50. ].73 December 7, 1976 Continued Item 2 Two 1/2 Ton Pickup short wheelbase, stepside - replacement for Rig #7001 Sewage Treatment and Rig #5239 Electric Distribution, to the low bidder, Banner Chevrolet, at $3,577.80 each for a total of $7,155.60. Item 3 One 1/2 Ton Pickup long wheelbase, fleetside - replacement for Rig #2580 Street and Bridge, to the low bidder, Banner Chevrolet, at $3,616.30. Item 4 One 3/4 Ton Truck Cab and Chassis - replacement for Rig #6103 Water and Sewer, to the low bidder, Banner Chevrolet, at $4,359.18. Item 5 One 10,000 GVW Truck Cab and Chassis, 4 speed with PTO - replacement for Rig #3580 Parks & Recreation, to the low bidder, Banner Chevrolet, at $4,523.25. Item 5A One 10,000 GVW Truck Cab and Chassis three speed automatic - replacement for Rig #3640 Parks & Recreation, to the low bidder, Banner Chevrolet, at $4,780.65. Item 6 One 10' x 7'6" Contractors body with lift to be mounted on Item #5, to the low bidder, Fleet Equipment Company at $1,479.00. Item 6A One 10' x 7'6" Contractors body without lift to be mounted on Item #5A, to the low bidder, Calvert Motor Company at $930.00. Item 7 One 18,500 GVW Truck Cab and Chassis - replacement for Rig #1730 Solid Waste, to the low bidder, Calvert Motor Company at $7,447.52. Item 8 One 20' Platform body to be mounted on Item #7, to the low bidder, Fleet Equipment Company at $958.00. Item 9 One Hydraulic folding type crane to be mounted on Item #7 in conjunction with Item #8, to the low bidder, Fleet Equipment Company, at $6,999.00. Motion carried. (B) #8432 Utility Transmission Poles Motion was made by Stephens, seconded by Ivey that the bid be awarded to the lowest and best bidder, Cummins Supply Company, at a total bid of $5,572, FOB Denton, Texas, and 30 day delivery. Motion carried. 13. The Council considered the request of the County Commissioners Court that the City of Denton continue to provide fire service until April 1, 1977. Council Member Mitchell stated that the Citizens Committee, who had been working hard on the matter needed more time. Motion was made by Mitchell, seconded by Stephens to grant the requested extension to April 1, 1977. Motion carried. 14. Motion was made by Ivey, seconded by Stephens to approve the Tax Adjustment Report for December, 1976 as follows: Personal Property Automobiles $1,483.17 Real Estate 516.93 Business Personal 530.78 $2,530.88 Motion carried. December 7, 1976 Continued 15. The Council considered Z-1283, the petition of the Christian Fellowship Foundation, requesting that it be granted annexation in planned development (PD) zoning for 157 acre tract located on the south side of Ryan Road. This site, located approximately three fourths of a mile west of FM 2181, is to be developed as a retirement village, City Attorney Isham reviewed the procedures with time requirements that were necessary in the annexation process. Council Member Stephens inquired as to the tax exemption status of the Foundation, Isham advised that this matter should be discussed with the Foundation for definite information. Motion was made by Stephens, seconded by Ivey to proceed with the annexation requirements and to direct the City Attorney to check with the Foundation officials relative to taxes. Motion carried. 16. The Council adjourned into~Executive Session at 8:15 p.m. to discuss personnel and land acquisition.. 17. The Council reconvened into Public Session at 9:45 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:47 p.m. MAYOR CITWSECRETARY 175 Municipal Building December 21, 1976 Regular meeting of the City Council of the City of Denton, Texas, December 21, 1976, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Ivey, seconded by Mitchell that the minutes of the Regular meeting of December 7, 1976 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1285, the petition of Mr. William R. Hender and Wesley K. Wyatt, requesting a zoning change from the Multi-Family (MF-1) classification to the Office (0) classification on property located at 1835 North Locust. The site is more particularly described as lot 5, Block 412. Mayor Pro Tem Ivey advised that he was abstaining from participation or voting because of personal interest. No proponents nor opponents were present. The Director of Community Development briefed the Council, stating that the Planning and Zoning Commission had recommended approval. Motion was made by Nash, seconded by Mitchell that the petition be approved. Motion carried. (B) A public hearing was held to consider closing Brown Street at its intersection with Sherman Drive as part of the overall Sherman Drive project. Three spoke in favor, stating that residents of Brown indicated approval of a cul-de-sac. The Director of Community Development briefed the Council, stating that dedication of land would be necessary on each side of the cul-de-sac and land not used could be transferred to adjacent owners by Quit Claim Deed. Motion was made by Mitchell, seconded by Ivey to instruct the City Attorney to prepare an appropriate ordinance for closing of Brown and constructing a cul-de-sac. Motion carried. 3. Mr. Vernon W. Macy appeared before the Council relative to installation of traffic signals at Ruddell Street and Highway 380. The Mayor advised that the Council was waiting for a recommendation from the Citizens Traffic Safety Support Commission on this matter. 4. The Council received a report from the Citizens Traffic Safety Support Commission, recommending that walkways be constructed near and leading to Robert E. Lee Elementary School. Cheryl Campbell, teacher at Robert E. Lee, stated that a temporary walkway would meet the immediate needs. She presented a petition with 255 signatures asking that a walkway of some type be constructed for student safety. Councilman Stephens recommended obtaining an easement or deed from property owners on the west side of Audra Lane. The City Attorney recommended that if an easement could not be obtained by donation, the Council meet in an Executive Session to discuss negotiations for right-of-way. Motion was made by Nash, seconded by Stephens to authorize the Director of Community Development to proceed with plans to construct temporary asphalt walkways on the west side of Audra Lane, as recommended by the Citizens Traffic Safety Support Commission, and that if an easement could not be obtained without cost from owners, to advise the Council so that further plans could be considered in an Executive Session. Motion carried. December 21, 1976 Continued 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 21ST DAY OF DECEMBER, A.D. 1976. RESOLUTION WHEREAS, citizens of Texas are concerned that state and federal highway construct- ion and maintenance funds have remained for several years at an inadequate and declining level while costs have more than doubled since 1967; and WHEREAS, the current highway funding crisis has resulted in a drastic reduction in the pace of improving the state highway system; and WHEREAS, there is a backlog of $11 billion in highway projects and anticipated revenues for construction during the next twenty years of only $1.9 billion; and WHEREAS, all existing revenue will be needed by 1980 just to maintain the state highway sgstem, with no funds available for upgrading obsolete roads and bridges or for new construction; and WHEREAS, the present inadequate funding level will adversely affect the state's economy, will result in increased unemployment, will contribute to continued death and destruction on Texas highways at a rate higher than the national average, and will result in higher costs for the movement of goods and people; and WHEREAS, Governor Dolph Briscoe has recommended action to alleviate the Texas highway funding crisis by dedicating three fourths of the automobile sales tax and the general sales tax on tires, tubes, automobile parts and accessories to the state highway fund, supplementing Department of Public Safety operating funds with general revenue appropriations, and utilizing Federal revenue sharing funds for emergency road and bridge capital improvements; and WHEREAS, these recommendations would produce $825 million in badly needed revenue in the next biennium and $7.1 billion in the next twenty years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That these recommendations be endorsed and that members of the 65th Texas Legislature convening in January, 1977, be urged to enact implementing legislation to meet the essential highway transportation needs of the people of Texas. PASSED AND APPROVED this the 21st day of December, A. D. 1976. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si 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 Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. December 21, 1976 Continued 6. The Council considered the recommendation of the Parks Board to sell $800,000 in General Obligation Bonds for the construction of two recreation centers, one in North Lakes Park and one in Denia Park, and other park supportive services. The Council was briefed by the Director of Parks and Recreation. The City Manager recommended that the matter be referred to the Planning and Zoning Commission to meet City Charter requirements. Motion was made by Stephens, seconded by Hughes that the matter be referred to the Planning and Zoning Commission for its recommendations. Motion carried. 7. The Council considered the recommendation of the Parks Board that Windsor Drive be constructed as soon as possible from Bonnie Brae to the facilities parking lot of North Lakes Park. The Council was advised that the Citizens Traffic Safety Support Commission had recommended that Windsor Drive be constructed from Bonnie Brae to Hinkle Drive. Motion was made by Mitchell, seconded by Nash that the matter be referred to-the Planning and Zoning Commission for its recommendation. Motion carried. 8. Council considered the recommendation of the Parks Board on a policy for making contributions to the Denton Senior Citizens Center. The Parks Board presented the following policy for contributions to the Denton Senior Citizens Center: "Individuals or organizations wishing to contribute to the Denton Senior Citizens Center are requested to do so in the form of a negotiable instrument. If the donor so desires, he may specify for what the contribution is intended and the City of Denton Parks and Recreation Department will strive to use the contribution in the specified capacity. If no specific intent is indicated for the contribution, it will be used in the general purchase of equipment and furnishings for the Senior Center." Motion was made by Stephens, seconded by Mitchell to approve the recommendation, and to direct the City Attorney to draw up an appropriate proposal. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 76-57 (Zeke Martin) 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 11, BLOCK 3031C, 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 76-58 (Miller David§e) 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 34,35 AND 36, 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 Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. December 21, 1976 Continued ll. The following Ordinance was presented: ORDINANCE NO. 76-59 (JACK I. McJUNKIN) 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 PART OF LOTS 22, 36 AND 38, CITY BLOCK NO. 285, 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 12. The Council reviewed project list for eligible activities as a part of the Community Development Grant Program. The Director of Community Development gave a review of the program, and the rating of various possible projects, adding that it was worthwhile to pursue funding next year. He suggested the following schedule for the February 17, 1977 filing deadline: December 21 Receive tentative project list January 4 Public Hearing before the City Council January 5 Public Hearing before the Planning Commission January 18 Detailed consideration of alternatives Councilman Stephens suggested that the City proceed as quickly as possible. Mayor Hughes suggested that the Director of Community Development contact low income groups by letter and other publicity to attend a public hearing. - 13. The Council considered a grant request to the Texas Department of Community Affairs to add a Human Resources Dimension to the City of Denton Comprehensive Plan. The Council discussed the memo presented by the Mayor, in which she stated, "If you favor the submission of the grant application, it will be necessary that the Council (1) authorize the staff to draft the grant proposal, and (2) pass the attached Resolution which is required by TDCA." 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 21ST DAY OF DECEMBER, A.D. 1976. RESOLUTION WHEREAS, the Texas Department of Community Affairs has been mandated by the 62nd Legislature to assist local governments in providing essential public services for their citizens and overcoming financial, social and environmental problems; and WHEREAS, the Texas Department of Community Affairs provides through its capacity- building program assistance in facilitating improvements in the basic management techniques, procedures, and processes available to local government in providing services to their citizens; and WHEREAS, the City of Denton wishes to develop a human resources dimension to Denton's Comprehensive Plan for the purpose of developing capacity in the area of management of human resources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: !79 December 21, 1976 Continued That Elinor Hughes, Mayor, be, and is hereby authorized to execute the necessary application instruments to apply to the Texas Department of Community Affairs, and any other agency, for the grant funds to fund a Capacity-Building Program for the City of Denton in the area of Human Resources Planning. That this Resolution shall take effect immediately from and after its passage by the City Council of the City of Denton, Texas. PASSED AND APPROVED this the 21st day of December, A. D. 1976. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Mitchell that the Resolution be passed. On roll call vote Stephens "aye", Mitchell "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. Motion was made by Nash, seconded by Stephens to direct the Staff to draft an application to the State for a Human Resources Grant. Motion carried. 14. Motion was made by Nash, seconded by Ivey that the Council draw for places on the City Council. Motion carried. Council Members drew as follows: Place 1 Mitchell Place 2 Hughes Place 3 Stephens Place 4 Nash Place 5 Ivey 15. The Council discussed authorizing the purchase of right-of-way for Avenue E improvements and utility relocation. The Council agreed that it was not ready to purchase all of the right- of-way necessary to widen and improve Avenue E, but should buy enough land to locate a major utility line from a portion of Avenue D scheduled to be closed by NTSU. The City Manager stated that the University owns most of the right- of-way along Avenue E, but that six to eight parcels would have to be purchased before the line could be moved. Council Member Mitchell stated that he considered Avenue E improvements low priority and questioned whether the street needs to be widened at all. Motion was made by Mitchell, seconded by Ivey to authorize purchase of right-of-way for utility relocation on Avenue E. 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 21ST DAY OF DECEMBER, A.D. 1976. RESOLUTION WHEREAS, the Public Utility Commission of Texas assumed original jurisdiction over telephone companies concerning rates and services; and December 21, 1976 Continued WHEREAS, Southwestern Bell Telephone Company and Continental Telephone Company have filed for rate increases with the Public Utility Commission; and WHEREAS, it is anticipated that General Telephone Company will file with the Public Utility Commission a request for rate increases; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Attorney be authorized to intervene on behalf of the City of Denton - at such time as General Telephone Company of the Southwest files an application with the Public Utility Commission for a rate request. PASSED AND APPROVED this the 21st day o~ December, A. D. 1976. /s/ ELINOR HUGHES, 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 Nash, seconded by Stephens that the Resolution be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 17. The following Ordinance was presented: ORDINANCE NO. 76-60 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE III "MASTER AND JOURNEYMAN ELECTRICIAN" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY ALLOWING A TEMPORARY WORK PERMIT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Ivey that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 18. The Council considered a cost of living increase for City of Denton employees. The City Manager briefed the Council, stating that the increase will consist of $20.00 per month raise plus a total salary increase of 2 1/2% for all permanent, full time employees, adding that the system of salary adjustments will result in a graduated range of pay increase from 7.4% for those on the lower salary scale to 3.3% increase for those employees on the highest end of the pay scale. The Manager also stated that employees will receive these changes from their benefits package: (A) Decrease sick leave from 15 to 12 working days per year. (B) Increase vacation from 10 to 12 working days per year. (C) Add an extra 1/2 day vacation for each year of continuous service beyond the 5th year (10th year for Fire & Police). (D) Increase longevity payments from $3/Mo. to $4/Mo. (E) Establish the Friday after Thanksgiving as an official Municipal holiday. Motion was made by Stephens, seconded by Nash to approve cost of living pay increase as recommended by the City Manager and the Director of Personnel, effective January 10, 1977. Motion carried. December 21, 1976 Continued 19. The Council considered the adoption of the revised City of Denton Personnel Policies. Motion was made by Mitchell, seconded by Ivey to approve the 5 proposed changes in the employee benefits package, but the Council to study the revised City of Denton Policies in an Executive Session. Motion carried. 20. The following Ordinance was presented: ORDINANCE NO. 76-61 AN ORDINANCE VACATING, CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF WAINWRIGHT STREET AS PER MAP OF PLAT OF'SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE ITS CONTINUED EXISTENCE; AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED; AND DECLARING AN EMERGENCY. Following a briefing by the City Manager, motion was ~ade by Nash, seconded by Ivey that the Ordinance be passed and the Mayor authorized to sign a Quit Claim Deed. On roll ~call vote Mitchell "aye", Stephens "aye", Nash "aye" Ivey "aye" and Hughes "aye". Motion carried. 21. The Council received a report from the Staff relative to the TMPA, -- Aubrey Reservoir and Sewer Grant: (A) TMPA--The Manager stated that bids had been awarded for a boiler and other equipment, site had been selected and evaluated, water rights filed for and it was proposed to move offices of TMPA to the Dallas-Fort Worth area. (B) Aubrey Reservoir--City Attorney Paul Isham pointed out that with present litigation there w~re some problems relative to Dallas participating in the Aubrey Project. The Council concurred to request the Utilities Board to review the Aubrey Project and to meet with the Council with its recommendations by March 1, 1977. (C) Sewer Grant--Jack Owen stated that Milton Rose, Chief of ~ ~onstruction Gran~tB.,~Texas Water Quality Board, was contacted ~n~ he info~me~q~t the Wastewater Treatment Plant Step II ~ant was number 23 of the second ranking group for funding. The sewer out fall lines are 129th of the second ranking group for funding. If the City retains the number 23 ranking on Step II Grant for the Wastewater Treatment Plant, it should be funded in the very near future in the amount of $220,588, which is 75% of the total. The City's share will be approximately $73,000. Council Member Nash suggested that periodic reports be made to the Council on all projects, that this should be helpful to the Council, and will keep citizens advised through the news media. 22. BIDS: (A) #8431 Control Instrument Cable Motion was made by Nash, seconded by Mitchell that the bid be awarded to the low bidder meeting specifications, Nelson Electric, at'a total bid of $5,800.20. Motion carried. December 21, 1976 Continued (B) #8428 Transformers Motion was made by Nash, seconded by Stephens that the bid be awarded as follows: ITEM QUANTITY BIDDER UNIT COST TOTAL 1 10 Van Tran $ 246.00 $ 2,460.00 2 6 Cummins Supply 822.00 ' 4,932.00 3 3 Van Tran 1,598.00 4,79¢.00 4 2 Cummins Supply 5,292.00 10,584.00 5 1 Temple Electric 2,976.00 2,976.00 6 3 Temple Electric 3,900.00 ll,700.DO TOTAL BID $37,437.00 Motion carried. 23. Council Member Stephens requested information relative to the amount of money the City owes on past bond issues. The Manager stated that the Director of Finance could provide that information. The Mayor stated that a review of Denton's Comprehensive Plan would be most helpful in setting priorities. 24. The Council adjourned into Executive Session at 10:40 p.m. to discuss right-of-way and personnel. 25. The Council reconvened into Public Session at 12:15 a.m., December 22, 1976, to announce that no official action was to be taken. Meeting adjourned at 12:18 a.m., December 22, 1976. MAYOR Municipal Building January 4, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, January 4, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Nash, seconded by Stephens that the minutes of the regular meeting of December 21, 1976 be approved. Motion carried. 2. REFERRALS: Motion was made by Nash, seconded by Stephens that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1288, the petition of Mr. Bob Crouch, requesting a change in zoning from Multi-Family (MF-1) to Office (0) zoning classification on property located at 319 Bonnie Brae Street. The property is more particularly described as Block 4027, Lot 6 a lot 100' by 300' (B) Z-1289, the petition of Mr. Tom Jester, requesting he be granted a change from Agricultural (A) zoning to Commercial (C) zoning on a portion of the lot at the northwest corner of University Drive and Bonnie Brae. The property is more particularly described as approximately 6.5 acres of Block 4070, Lot 1, in the 2300 block of University. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held to consider recommendations from the Planning and Zoning Commission suggesting general amendments to the Zoning Ordinance. The proposed amendments include revised front, rear and side yard requirements for non-residential uses; a revised home occupation ordinance; revisions in the accessory building standards; new parking standards for Planned Developments and day nurseries; and a revision in the section governing the location of dwellings and buildings. The Director of Community Development reviewed the recommended amendments. · ~ ~ o~.p~n.~ speaking for or against the proposed amendments to th~.Zoning Ordinance. The Mayor closed the public hearing. Motion was made by Nash, seconded by Ivey to approve the amendments recommended by the Planning and Zoning Commission, and to instruct the City Attorney to prepare an appropriate ordinance. Motion carried. (B) A public hearing was held to receive citizen comments about Denton's 1977 grant application for Community Development Block Grant Funds. The Director of the Community Development Department presented background information related to the maximum grant amount, eligible activities and the HUD criteria for rating pre-applications. Information was also presented giving an indication as to how HUD would rate typical projects. The Council was advised that this is a very competitive grant program and that only applications that rate high stand a reasonable chance of being funded. The public hearing was opened but no one from the public spoke concerning the grant application. The Mayor closed the public hearing. January 4, 1977 Continued 4. The following Ordinance was presented: ORDINANCE NO. 77-1 (William Hender & Wesley Wyatt) 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. 5, BLOCK NO. 412, 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye" and Hughes "aye". Motion carried with Ivey abstaining. 5. The Council adjourned into Executive Session at 7:37 p.m. to discuss personnel and right-of-way. 6. The Council reconvened into Public Session at 8:15 p.m. and the following Ordinance was presented: ORDINANCE NO. 77-2 AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTY TO THOMAS E. NOEL IN RETURN FOR AND AS CONSIDERATION FOR LAND OWNED BY THOMAS E. NOEL AND WHICH IS NEEDED FOR STREET RIGHT-OF-WAY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed with the stipulation that adequate right-of-way be retained by the City to provide for a 50' radius at the intersection of Eagle Drive and Locust. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 7. The Council adjourned into a study session at 8:25 p.m. to review personnel rules and regulations. 8. The Council reconvened into Public Session at 9:28 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:30 p.m. MAYOR Municipal Building January 10, 1977 Special Called Joint Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Monday, January 10, 1977 at 5 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Step-~-s and Nash, City Manager Jim White, Assistant City Manager Jack Owen and City Attorney Paul Isham. Utilities Board: Members Ramey, Davis and Shelton. Also present were Water and Sewer Superintendent Earl Jones and Administrative Aide Tom Hart. ABSENT: Utilities Board: Harpool and Munson. 1. The Executive Session was postponed due to not having a quorum. 2. With all members present, the Council held a study session to review the Pro-Rata Ordinance with the Utilities Board. Following the discussion, Shelton suggested that the Staff propose changes to the Pro-Rata Water and Sewer Main Extension Article to the Utilities Board for their consideration and recommendation to the Council, which have the effects of: (A) Placing a limit on the length of line the City crews would extend mains. (B) Providing that no extensions be made by City crews to new construction without the approval of the City Council. Shelton also noted th~.~tilities Board and the Council were in agreement that the average cost used for the purpose of making changes for extension work done should be kept current. Meeting adjourned at 6:20 p.m. MAYOR 186 Municipal Building January ll, 1977 Called Joint Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Tuesday, January 11, 1977 at 12:00 noon at the Ramada Inn. PRESENT: Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager Jim White, Assistant City Manager Jack Owen and City Attorney Paul Isham. Utilities Board: Chairman Harpool, Members Davis, Ramey, Shelton and Munson. 1. The City Manager, Paul Horton, Bond Attorney, Frank Medanich, Fiscal Agent, and Larry Jobe of the City's Auditing Firm, made a presentation on the effects of the 1954 Bond Covenant that establishes the Extension and Improvement Fund. The cash defficiency of this fund was pointed out and alternative solutions were discussed. After discussion, motion was made by Shelton, seconded by Davis that the Utilities Board recommend to the Council that legislation be prepared and presented to the Legislature to authorize the City of Denton to "advance refund" outstanding Electric Revenue Bonds and the City proceed with efforts to obtain passage of said Bill by the State Legislature. Motion carried. Motion was made by Nash, seconded by Mitchell to accept the recommendation of the Utilities Board. Motion carried. Meeting adjourned at 2:15 p.m. MAYOR ~C~I TY SECRETARY Municipal Building January 12, 1977 Emergency Called Meeting of the City Council of the City of Denton, Texas, Wednesday, January 12, 1977 at 3:30 p.m. in the Conference Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen and City Secretary Brooks Holt. ABSENT: Council Member Stephens and City Attorney Paul Isham. 1. The Council discussed a contract with Applied Policy Research to assist in the Comprehensive Human Services Program for which the City has recently applied for grant funding. Following a discussion, motion was made by Mitchell, seconded by Ivey to authorize the Mayor to sign a letter of intent with Applied Policy Research, and that said letter shall guarantee a fee not to exceed $4,500 for research work on the Comprehensive Human Services Program, and that expenses are expected to be reimbursed through the grant. Motion carried. Meeting adjourned at 5:50 p.m. MAYOR Municipal Building January 18, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, January 18, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens, City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Ivey that the minutes of the Regular Meeting of January 4, 1977, the Joint Called Meeting of January 10, 1977, the Joint Called Meeting of January 11, 1977 and the Emergency Called Meeting of January 12, 1977 be approved. Motion carried. 2. REFERRALS: Motion was made by Nash, seconded by Stephens that the following petitio~ be referred to the Planning and Zoning Commission for its recommendation: (A) Z-1290, the petition of Mr. Bill Brady, requesting a zoning change from Single Family (SF-7) to Multi-Family (MF-1) classification on property located on the southwest corner of Peach Street at Bell. This site is more particularly described as block 133, Lot 2.1, an area of approximately .7 acres. Motion carried. 3. The Mayor presented retirement plaques to R. E. Taylor for 32 years of service, C. R. Allred for 30 years and H. A. Thompson for 20 years. The Mayor also presented cash gifts to the retirees from their co-workers. 4. Th~.Ma~y~r~a ~Q~C~on proclaiming January 23-29 as Denton YMCA Week, and pre~n~e~ %he l~rod~l'a~ati6~ to Charles Marti~ and Jowell Peden of the YMCA. 5. C.O. Blasdell discussed the street situation and other matters in and around the NTSU campus as follows: He spoke relative to the City rescinding the control of parking on City streets by NTSU, street damage due to pumping water from campus buildings, and asked that the City close all NTSU buildings to students until buildings are fire and water safe. The Mayor requested that the City Attorney look into the fire code where NTSU is involved. Council Member Stephens stated that the water damage had been corrected recently, and that $1,909 has been paid by NTSU. _ Motion was made by Stephens, seconded by Nash to request the University to pay the full amount of the cost of street damage. Motion carried. Council Member Nash stated that he would like to see what the University people had to say in writing concerning this matter. 6. Bud Jennings, Manager of the City-County Health Unit, requested amend- ments to Article 5 of the Swimming Pool Ordinance be made as follows: (A) Clearness of water at all times when the pool is in use. (B) Installation of depth markings and ropes across pools for safety. Council Member Stephens stated that if the amendments to the Ordinance were approved, the matter should be considered in 2 weeks. Motion was made by Stephens, seconded by Nash to approve the 2 recommended amendments to the Swimming Pool Ordinance and to take action on the Ordinance amendments at the next regular Council meeting, with pool owners to be able to speak relative to the matter. Motion carried. January 18, 1977 Continued 7. Homer Reese appeared before the Council concerning Federal funding for a building for the City-County Health Department. Reese stated: (A) We must decide if we need a new and better facility. (B) We need the support of the Denton community, County Commissioners and the City Council for an endorsement of a feasibility study. (C) We need a Resolution from the Council stating that there is a need for improved facilities. (D) Bud Jennings be requested to contact Austin on this matter. (E) Approve use of $250.00 of Health Department funds for preliminary activities. Motion was made by Stephens, seconded by Nash to approve the request of Mr. Reese relative to an application for a Federal Grant. Motion carried. 8. The Council considered a minute order from the Planning and Zoning Commission recommending projects for possible inclusion in the Community Develop- ment Grant application. A minute order from the Planning and Zoning Commission stated, "that --, the application for the grant should concentrate on housing related programs such as code enforcement and rehabilitation programs and consideration should be given to applying for a fire truck for the proposed east side station." 9. The Council considered possible projects for the 1977 Community Development Grant program and that the staff be authorized~to submit a final application for funding. Motion was made by Hughes, seconded by Nash to instruct the staff to take the appropriate action to apply for Program 1, 2 and 3, but not alternatives of Program 2, as follows: Program 1 Housing Rehabilitation $115,000 Housing Code Enforcement 15,000 TOTAL $130,000 Program 2 Drainage Improvements $ 60,000 Housing Demolition 10,000 Purchase Housing Sites 25,000 TOTAL $ 95,000 Program 3 Grant Administration $ 5,000 Contingency Funds 20,ODO TOTAL $ 25,000 Motion carried. 10. The Council received a report from the Planning and Zoning Commission concerning the requested annexation of the Denton State School property. Council Member Nash suggested that the School request that the State provide reimbursement to the City for Police and Fire protection. Motion was made by Ivey, seconded by Mitchell to proceed with annexation of the Denton State School property. Motion carried 4 to 1. Mayor Pro Tem Ivey then stated that it would be appropriate for the Mayor to contact the Superintendent of Denton State School relative to possible State funding. 11. The Council considered final action on an ordinance to annex property south of Ryan Road (Texas Meadows Retirement Village Project). This is the request of the Christian Fellowship Foundation to annex approximately 157 acres and to zone the property for planned development (PD) usage. Motion was made by Nash, seconded by Stephens to table the matter for further consideration as recommended by the City Manager. Motion carried. January 18, 1977 Continued 12. The Council discussed the recommendations of the Parks Board and the Planning and Zoning Commission relative to the location of two recreation centers. There was some difference of opinion relative to the location for the proposed recreation centers. Pat Cheek, Chairperson of the Parks Board, asked that something be done quickly at a called meeting within 10 days, The Mayor asked that the Planning and Zoning Commission and the Parks Board attend this meeting with the Council. The date of the meeting was not set. 13. The Council considered an ordinance accepting paving of certain streets in Paving Assessment Project #7 and reviewed final payment to Jagoe Public Company. The Director of Community Development stated that the total cost of the completed Paving Assessment Paving Project #7 was $786,217.57--that this amount is $15,240.81 below the original contract. The following Ordinance was presented: ORDINANCE NO. 77-3 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Mitchell, seconded by Ivey that the Ordinance be passed and to authorize payment of the final contract cost. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. The following Ordinance was presented: ORDINANCE NO. 77-4 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING CERTAIN ARTICLES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 15. Motion was made by Stephens, seconded by Ivey that the following citizens be named to the following Boards and Commissions: Citizens Traffic Safety Support Commission William Elliott Plumbing & Mechanical Code Board Peter Work, Bill Burley, Ernest Miller, George Becker, Bob Turnbull arid Delbert Overstreet AdvisorS Committee for Comprehensive Human Services Planning Gerald Williamson--Denton Ministerial Association (ALTERNATE: Joe Schumacher) Fred Patterson--Chamber of Commerce (ALTERNATE: Tom Harpool) Elizabeth Holland--Denton Benefit Leaque W. C. Orr, Jr.--Chairman of Decisions'for Denton (ALTERNATE: Sennett Kirk) Rita Blanchard--Texas Department of Public Welfare (ALTERNATE: Barbara Ballard) Bud Jennings--Denton City-County Health Unit (ALTERNATE: Dr. Robert Croissant) Peggy Dollarhide--Denton County Community Council January 18, 1977 Continued continued-- Advisory Committee for Comprehensive Human Services Planning Hazel Young--Fred Moore Day Nursery Ruth Webb--Former Chairperson of Denton School Board Dr. Ethelyn Davis--Head of Sociology Department, TWU Fannie Belle Gaupp--Head of Social Work Sequence, NTSU Sociology Dept. Bennie Snider--North Texas Savings & Loan Ex Officio Members: Linnie McAdams--Planning & Zoning Commission Elinor Hughes--City Council Miller Davidge--Denton Housing Authority Motion carried. 16. BIDS (A) #8439 Fire Equipment .Motion was made by Hughes, seconded by Ivey that the bid be awarded to the lowest and best evaluated bid as follows: Items 1,3,5,8,10 & 11 Casco Industries Items 2,4,9 & 12 W.H. Lumpkin Item 7 Fire Fox Item 6 W.H. Lum~kin (on draw bid) The total for all items as recommended $6,993.70 Motion carried. (B) #8441 Steam Boiler Insurance Policy Motion was made by Nash, seconded by Ivey that the bid be awarded to the low bidder, Hartford .Insurance Company for a 3 year period, with a limit of 10 million dollars and a price cost of $86,170 per year. Motion carried. 17. PURCHASE ORDERS & PURCHASING REQUEST (A) #31267--Repairs to Loader by Trinity Equipment Company Motion was made by Mitchell, seconded by Nash that the purchase order for repair of a John Deere Loader in the amount of $6,580.39 be approved. Motion carried. (B) Three Remote and Three Local Univac Uniscope-lO0 Terminals Mo~o~a~a~ ~ ~a~,~.~conded by Stephens to approve the purchase request for 3 r~{e]'~nd ~lo~v'~Uniscope-lO0 Terminals to San Francisco Computer Group in the amount of $6,000. Motion carried. t8. Mayor Pro Tem Ivey read a letter stating that due to business and personal reasons he was resigning as a member of the City Council, Place 5, City of Denton, effective April 5, 1977. Council Members expressed their regrets. 19. The Council adjourned into Executive Session to consult with the City Attorney on pending litigation; land acquisition; personnel. 20. The Council reconvened into Public Session at 12:30 a.m., January 19, 1977 to announce that no official action was to be taken. Meeting adjourned at 12:40 a.m., January 19, 1977. City Council February 1, 1977 Joint special called meeting of the City Council, Parks and Recreation Board and Planning and Zoning Commission of the City of Denton, Texas, Tuesday, February 1, 1977 at 5:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager Jim White, Assistant City Secretary King Cole. Parks Board: Cheek, Wright, Logan, Douthitt, Teaff and Director of Parks and Recreation, Dick Huck. Planning and Zoning Commission: Hill, Brady, Powell, Ryan, Kamman and McAdams. 1. Jim White, Dick Huck and Jim Jones briefed the Boards on the current status of the Parks Bond Project. After considerable discussion relative to the location of the proposed recreation centers, motion was made by Nash that the Recreation Centers be placed in Evers and Mack Parks. After discussion the motion was dropped. Motion was again made by Nash that the Recreation Centers be located in Evers and Mack Parks. Motion died for lack of a second. Motion was made by Mitchell, seconded by Ivey to approve the recomm- endation of the Pa~ks and Recreation Board to place the Recreation Centers in North Lakes and Denia Parks. Motion carried. 2. The Council considered planning for the old Trade Square. Jim White explained that First State Bank was interested in leasing the property. It was the consensus of the City Council that the Planning and Zoning Commission should meet with First State Bank and then make its recommendation to the Council relative to the use of the old Trade Square. 3. City Manager Jim White briefed the Boards on alternatives for extending Windsor Drive into North Lakes Park. White explained that there were several alternatives as to the length of this street. He explained that it would be ideal to extend a two lane street from Bonnie Brae to Hinkle at a cost of $132,135, but funds are not available in Park Bonds. He added that we could make a partial extension at this time, utilizing Park Bond Funds, and then finish Windsor to Hinkle with Street Bond funds that might be left after completion of Sherman Drive. Motion was made by Hughes, seconded by Nash that the Staff be instructed to build Windsor from Bonnie Brae to North Lakes Park parking lot, but to take alternate bids on all sections of Windsor. Motion carried. Meeting adjourned at 6:50 p~m. MAYOR ~S~5'IST/~NT CITY SECRETARY City Council February l, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, February l, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Nash and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt, 1. Motion was made by Stephens, seconded by Ivey that the minutes of the Regular Meeting of January 18, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1287, the petition of Mr. Joe Farina, requesting a zoning change on an approximately .3 acre tract located on the south side of Londonderry Lane, 130 feet west of the intersection of Teasley and Londonderry. Mr. Farina requests a change from Agricultural (A) to Neighbor- hood Service (NS) zoning classification. After hearing 1 proponent and none in opposition and a report from the Director of Community Development, stating that 12 letters were mailed with 3 returned in favor and 1 in opposition, motion was made by Ivey, seconded by Hughes that the petition be approved. Motion carried. (B) A public hearing was held on Z-1288, the petition of Mr. Bob Crouch, requesting a change in zoning from Multi-Family (MF-1) classification to Office (0) zoning classification on property located at 319 Bonnie Brae. The property is more particularly described as block 4027, lot 6, a lot 100 feet by 300 feet. After hearing 1 proponent and none in opposition and a report from the Director of Community Development, stating that 17 letters were mailed with 6 in favor and none in opposition, motion was made by Nash, seconded by Mitchell that the petition be approved. Motion carried. (C) A public hearing was held on Z-1289, the petition of Mr. Tom Jester, requesting a change in zoning from Agricultural (A) to Commercial (C) zoning classification on a portion of the lot at the northwest corner of University Drive and Bonnie Brae. The property is more particularly described as approximately 7.408 acres of block 4070, lot 1, in the 2300 block of University Drive. After hearing 1 proponent and none in opposition, motion was made by Nash, seconded by Ivey that the petition be approved. Motion carried. 3. Janelle Simmons appeared before the Council relative to citizens paying for sidewalks leading to Denton's elementary schools. She indicated that she was most interested in sidewalks from Avenue C to W. University. Legal procedures were discussed and Mrs. Simmons asked if half or more of the costs were obtained by contribution, would the City pay the remainder. The Mayor thanked Mrs. Sin~nons for her interest and stated that she would like to see the matter postponed until the Capital Improvement Program is completed. The Council concurred to give an answer to Mrs. Simmons at a later meeting. 4. Morelle Miller appeared before the Council and asked for a hardship permit for property located at 500 Panhandle--property that was denied for zoning by both the Planning and Zoning Commission and the City Council previously. It was pointed out by the City Attorney that the ordinance did not include a hardship permit. Isham added that Mrs. Miller was told that she could operate a real estate office in this house if it were her residence, that later he received complaints from the neighbors. She was advised that she must cease operating at this location since it was not her home, thus not meeting requirements. Motion was made by Nash, seconded by Stephens to grant permission to Mrs. Miller to remain in the house until she obtains another location. This would be for a period of not more than 6 months. Motion carried. February l, 1977 Continued 5. The City Manager presented a report to the Council relative to current utility rates and a very large number of Denton citizens were present. The Manager pointed out in his briefing that in the 1964 gas contract with Lone Star Gas, Denton Was required to make estimates of usage 27 months ahead, that in 1972 availability of fuel, gas and diesel became critical and in 1973 there was a constant struggle to obtain fuel. He added that the City does have the right to purchase another source of supply when gas curtailment occurs. The Manager advised that the contract with Lone Star Gas will expire in 1979, The Mayor gave citizens present an opportunity to speak relative to utility rates. George Krieger, 512 Ridgecrest Circle, presented information he obtained relative to comparative utility rates. He stated that for 8400 KWH usage rates were as follows: Denton $329.35 TP & L $215.46 Garland $238.32 He also stated: (1) Denton needs professional management. 2) To separate Utility Department from total budget. 3) To review and make appropriate reductions. (4) To revise utility rates. The Manager asked Mr. Krieger to give the written questions he had to Ernie Tullos, City of Denton Utility Engineer so he could have detailed answers. Bill Trevino, 2100 Burning Tree, asked why Denton has rates with less cost for more gas and more cost for less gas. Robert T. Hansen, 505 Ridgecrest, stated that at his home there was $182.22 in fuel adjustment costs. Councilman Nash stated that the City should take action to alleviate the fuel cost situation, that some citizens were paying as much utility bill as house payments. He suggested elimination of the penalty for late payment, and asked that a special meeting be called to study what could be done for "all electric" home owners. He suggested that Denton sell its electric facility to Texas Power & Light. Councilman Stephens suggested that information in writing be mailed to citizens regarding the utility system. Councilman Nash stated that management is not the problem as far as utilities cost is concerned. 6, The Council considered final action on an ordinance to annex property south of Ryan Road (Texas Meadows Retirement Village Project). This is the request of the Christian Fellowship Foundation to annex approximately 157 acres and to zone the property for planned development (PD) usage. DISCUSSION: Stephens--At the present time the project is not tax exempt, but it could be later. Hughes--I understand that the matter of tax could not be a part of an annexation ordinance. Isham--Tax could be included in the PD (Planned Development) category. Nash--In the matter of tax exemption, it should be firmly settled before the property is annexed that the Foundation pay for City services in lieu of taxes if the Foundation ever became tax exempt. Joe Bryan, representing the project, stated that they were not a tax exempt corporation at this time, and it would be irregular to sign an agreement. February l, 1977 Continued He said that the Corporation would agree to pay for services, if reasonable, and that they expect to pay taxes, adding that delays in construction are what are costing the project. The question of possible de-annexation was discussed, if the Corporation becomes tax exempt. The City Attorney stated that it could be de-annexed if the Corporation asks for it. The following Ordinance was presented: ORDINANCE NO. 77-5 AN ORDINANCE ANNEXING TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 157 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE THOMAS LABOR SURVEY, ABSTRACT NO, 779 AND NATHANIEL BRITTON SURVEY, ABSTRACT NO. 15, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "PD" PLANNED DEVELOPMENT DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Nash that the Ordinance be passed On roll call vote Mitchell "aye" Stephens "aye" Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. Motion was then made by Mitchell, seconded by Ivey that a Minute Order be approved granting permission for Acme Brick Company to continue mining operations in Denton Extraterritorial Jurisdiction, as requested by Tom Jester, Jr., Attorney for Acme. Motion carried. 7. The Council considered Step 2 Grant Application and Facility Plan Changes for the Waste Water Treatment Plant. Elvis Copeland of Freese and Nichols briefed the Council. Motion was made by Mitchell, seconded by Stephens to accept the recommendation of Freese and Nichols and Staff, and approve 15% of line in Pecan Creek and Audra Lane. Motion carried. 8. The Council considered amendments to the engineering contract with Freese and Nichols, Inc. for sewerage ~ystem improvements. The Council was briefed by Elvis Copeland and Robert L. Nichols of Freese and Nichols, Inc., and the City Attorney stated that amendments to the contract were in order. Motion was made by Mitchell, seconded by Ivey to approve the two requested amendments to the contract for engineering services with Freese and Nichols, Inc. Motion carried, 9. The following Ordinance was presented: ORDINANCE NO. 77-6 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE V "SWIMMING POOLS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY REQUIRING DEPTH MARKINGS AND LINES ON THE SWIMMING POOL AND PROVIDING FOR THE CLEARNESS OF WATER; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye", Ivey "aye" and Hughes "aye". Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 77-7 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE V "EXTENSIONS OF WATER AND SEWER MAINS" OF THE CODE OF ORDINANCES BY PLACING A LIMIT ON THE LENGTH OF LINE THE CITY WILL EXTEND AND PROVIDING THAT NO EXTENSIONS BE MADE BY CITY TO NEW CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. February 1, 1977 Continued Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. 11. The Council considered supervisory control and data acquisition system Change Order No. 2 with Baker Au~mation System. Following a briefing by Ernie Tullos, Electrical Engineer, motion was made by Nash, seconded by Stephens to approve Change Order No. 2. Motion carried. 12. The Council considered authorizing the City of Denton to participate as an abutting property owner on Bonnie Brae paving project north of University Drive west. Motion was made by Nash, seconded by Ivey to approve participation as abutting property owners. Motion carried. 13. 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 lST DAY OF FEBRUARY, A.D. 1977. RESOLUTION WHEREAS, the City of Denton, Texas created a Personnel Department and hired a Personnel Director for that department; and WHEREAS, the Personnel Director, pursuant to Ordinance No. 62-40 has prepared employee rules and regulations; and WHEREAS, the City Council of the City of Denton, Texas, desires to adopt the Employee Rules and Regulations of 1976 as the official personnel rules and regulations for employees with the City of Denton; - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Employee Rules and Regulations for the City of Denton, 1976, are hereby adopted as the official personnel rules for the City of Denton and a copy of those rules are attached and made a part of this resolution and shall be filed in the official records of the City by the City Secretary. PASSED AND APPROVED this the 1st day of February, A. D. 1977. /s/ ELINOR HUGHES, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS ~PPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell~, seconded by Nash to pass the Resolution, but to delete Section 5.8, Tuition Reimbursement. On roll call vote Nash "aye", Mitchell "aye'!, Stephens "aye", Ivey."aye" and Hughes "aye" to pass the Resolution. Motion carried. 14. The Council considered authorizing the City Staff to advertise for bids for 2 fire engines. Motion was made by Nash, seconded by Stephens to proceed with acquisition of the 2 fire trucks and to authorize the Staff to advertise for bids. Motion carried. !97 February l, 1977 Continued 15. The Council received a report from the City Attorney relative to taxing inventory in underground gas reservoirs. He reported that the reservoirs in question might not be in the city limits, but that a factual determination should be made, and that the reservoirs should be placed on the Tax Roll if they are in the city limits. 16. BIDS: (A) #8445 Ball field fencing for Mack Park Motion was made by Nash, seconded by Mitchell that the bid be awarded to the low bidder meeting specifications, Hurricane Fence Company of Denton, in the amount of $21,601.11, with work to be completed within 45 working days after start. Motion carried. (B) #8444 Ball field clay Motion was made by Hughes, seconded by Nash that the bid be awarded to Gaddis Clay Company of Seagoville, Texas at $6.00 per yard for a total of $12,150, with delivery to be made to the various City of Denton park sites as directed, and approximately 1,000 yards of clay to be delivered in February and the balance in March. Motion carried. (C) #8442 Electric Meters, Meter Sockets & Current Transformers Motion was made by Nash, seconded by Mitchell that the b~d be awarded as follows: It e~ect~-~lt,~e~and current transformers, to the low bidder meeting specifications and firm for one year, Cummins Supply Item 26-29, meter sockets, to the low bidder meeting specifications, Priester Supply. Item 30-34C, meter sockets, to the low bidder meeting specifications, and firm for one year, Cummins Supply. Motion carried. 17. The Council adjourned into Executive Session at 11:35 p.m. 18. The Council reconvened into Public Session at 12:20 a.m., February 2, 1977. Motion was made by Stephens, seconded by Nash that James Hinesley be retained to appraise right-of-way acquisitions on Avenue E and Sherman Drive and the City Manager be given the authority to determine which pieces will be appraised. Motion carried. The Council considered accepting an easement from Mr. Alex Dickie. Motion was made by Nash, seconded by Hughes that the easement be accepted with the following addendum: (A) The said City of Denton, Texas, agrees to and will relinquish release and quit-claim to the Grantees hereof, all of its right, title and interest in and to that certain road and street easement described in a deed from M. S. Acuff and wife, Mintie A. Acuff, to the City of Denton, Texas, bearing date of May 28, 1923, shown of record in Volume 185, page 147 of the Deed Records of Denton County, Texas. (B) The said City of Denton will backfill and level to natural grade any and all excavations and ditches which are an incident to the install- ation of public utilities in and on the above described easement area. February l, 1977 Continued (C) The said Grantee will clean-up and remove from the surface of the land all rocks and other debris resulting from public utilities install- ation which is large enough in size to interfere with a tractor and mower operation in mowing the pasture land. (D) The Grantee will place and install a gate in the north fence line on said easement in the event that any construction or excavating in and on the aforesaid easement makes it necessary to breach the said fence. (E) Grantee agrees to waive any and all pro-rata land owner's costs for the installation of sewer lines, and to waive all costs of a possible four sewer taps in and to the said sewer line. (F) Grantee agrees that after the installation of any portion of said line which is not at a depth below grade required by City of Denton ordinances will be cradled and/or capped with six inches of concrete in accordance with ordinance requirements. Motion carried. Meeting adjourned at 12:40 a.m., February 2, 1977, MAYOR City Council February 8, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, February 8, 1977 at 4:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Nash, Mitchell and Stephens; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. The Council held an Executive Session at 4:00 p.m. and discussed personnel, land acquisition and consulted with the Attorney on pending litigation. The Council convened into Public Session at 7:00 p.m. 1. The Council considered electric rates, take or pay penalty, and heard fifteen citizens express their opinions. The City Manager briefed the Council, reviewing the electric system fund statement of operations as prepared by an outside auditing firm. The percent of fuel cost to the total operating cost was as follows: 1971 42% 1972 46% 1973 55% 1974 ' 59% 1975 71% The City Attorney stated: (A) The reason for the City paying Lone Star Gas Company while in litigation was that the City did not want to breach the contract provisions. (B) Take or pay is 10% of the total bill. (C) The present contract with Lone Star Gas expires in 1979. The Mayor invited citizens present to speak relative to utility rates. Approximately 145 were in attendance--most having all-electric homes. Fifteen citizens spoke. There follows brief comments from these citizens: (A) Is there take or pay from Pitts field as well as to Lone Star Gas? (B) Are such things as car accidents and thievery at the Warehouse tacked on to the fuel adjustment cost? (C) Can we expedite court action against Lone Star Gas? (D) How can citizens help? (E) Is it fair for electric home owners to pay more utility cost than gas users? (F) The Staff should advise the citizens what to expect in the future. (G) The costs per household will be high to pay for bonds of TMPA. (H) Can the City provide a fixed rate for. electric home users? The Mayor suggested that the problems be placed on the agenda for two meetings to explore the possibilities for relief of electric home owners. The Council concurred. Prior to hearing the above questions from citizens, Ernie Tullos, Electrical Engineer, read answers to questions previously submitted by Denton citizens at the meeting of the City Council on February 1, 1977. February 8, 1977 Continued 2. The Council received an Annual Report from Jim Carter, Director of the Denton Housing Authority. Carter made the following comments: (A) The program was begun a year ago, with 2 on the Staff, and now there are 3 members. (B) 337 housing units are now under contract--50 homes in Denton are being or have been rehabilitated by owners for our use. (C) Administrative costs are low, which means that most of the money goes to those in need. (D) We are trying to assist the elderly handicapped particularly. (E) We are concerned with the future of people. (F) We have worked hard to find jobs for those on welfare. (G) We paid $36,000 last year in rent supplements to owners of houses. Most of these owners live in Denton. 3. The Council considered a contractual agreement with NTSU to provide survey information as a part of the Human Services Plan (funded by the Texas Department of Community Affairs Grant). Motion was made by Nash, seconded by Stephens to enter into a contract with NTSU to provide survey information as a part of the Human Resources Plan, funded by the grant from the Texas Department of Community Affairs. Motion carried. 4. The Director of Community Development recommended that the matter of approving plans and authorizing advertisement for bids to construct Windsor Drive and other related park facilities be deferred. The Council concurred. At this point, Councilman Stephens stated that Section 10.05 of the City Charter stated, "that no street, park or other public way, public building, ground or space shall be constructed or authorized in the City unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission". He added that the action taken recently at the joint meeting was premature. Stephens also said that the Superintendent of the Denton Independent School stated that land was available near public schools for recreation centers, making it possible for joint usage. Motion was made by Stephens, seconded by Hughes that the Council reconsider action taken at the joint meeting of February 1, 1977, relative to the location of recreation centers in order to be in compliance with the City Charter, and that the matter be on the agenda for the next Council meeting. Motion carried. 5. The Council considered board appointments. Motion was made by Stephens, seconded by Mitchell that the following citizens be named to the Human Resources Advisory Committee: Mary Claude Gay Frank Davila Ed Morrison, Jr. Motion carried. 6. The Council considered hiring an architect for the proposed Eastside Fire Station. Motion was made by Nash to employ a local architect for the Eastside Fire Station. Motion died for lack of a second. Motion was made by Mitchell, seconded by Ivey to request the Selection Committee to consider all firms that have expressed an interest in the pro.iect as follows: 20./. February 8, 1977 Continued The Pierce, Lacey Partnership Hatfield - Halcomb, Inc. The Architectural Collective, Inc. Harper, Kemp, Clutts & Parker Motion carried. 7. The Council received reports on the following projects: (A) Utilities (1) Aubrey Reservoir The City Attorney discussed the pending litigation of Frisco, stating that they were expected to file within 60 days, and 90 days after the briefings are received the courts will make a ruling. We should expect final report in 6 months. Councilman Nash asked if our Attorney could negotiate with Dallas on the amount of water Denton could take from Aubrey Reservoir. Isham answered that it would be to Denton's advantage to take the amount of water stated in the permit. Nash stated that Denton needed an operational contract before proceeding. (2) Future Water Supply The City Manager stated that if the City of Denton makes any moves at all Freese & Nichols should be called on for recommendations, adding that it is imperative that we make a determination as to where we want to go. Motion was made by Nash, seconded by Stephens to arrange a study session with Freese & Nichols,.Inc. and the Utilities Board to discuss Denton's future water supply. Motion carried. (B). streets (1) Sherman Drive The City Manager stated that progress was being made on Sherman, that bid letting is expected by spring and the City needs to get utilities in. The Manager added that all the right-of-way had not been acquired. (2) Carroll Boulevard The contractor is on the job, and the utility work has been completed. (3) Relocation of Utilities at NTSU The Manager stated that the City had had meetings with NTSU, that the University was working on the relocation of sewer lines and that material had been ordered for relocation of 69 KV line from Avenue D to Avenue E. (C) Parks The City Manager stated: (A) Several small items have not been released for payment from grant. (B) We can start spending bond funds. (C) Expense of extending Windsor Drive should be combined with parking facilities. February 8, 1977 Continued (D) Utilities will have to be installed under extension of Windsor Drive. (E) We should be in a position soon to really start moving on the projects. (D) Sanitary Landfill (1) Engineering Firm It was recommended that the City hire Freese & Nichols, Inc. to do the necessary engineering work to finalize the site for the landfill. Motion was made by Nash, seconded by Hughes to hire Freese & Nichols, Inc., and for the Council to meet with the Landfill Committee. Motion carried. (E) Airport King Cole, Assistant To The City Manager, reviewed the FAA grant. He stated that there was a 90-10 grant funding for the next 3 years and that the grant for land acquisition should be wrapped up very soon. He added that FAA is purchasing instrument landing equipment for the Denton Airport and will pay 100% of the cost. (F) Motor Pool The Manager stated that all of the City cars are pooled by depart- ment$ and cars are used between departments when required. Our present system is working out very satisfactorily. Meeting adjourned at 12:10 a.m., February 9, 1977. City Council February 15, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesd6y, February 15, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Ivey, Council Members Mitchell, Stephens and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Ivey, seconded by Mitchell the minutes of the Regular Meeting of February 1, 1977, the Joint Special Called Meeting of February l, 1977 and the Special Called Meeting of February 8, 1977 be a~proved with the following corrections to the minutes of February 8, 1977 as follows: delete the words "all" and "have" of the second motion of item 6 on page 200, and under item 7 D-1 on page 202, motion to read: Motion was made by Nash, seconded by Hughes to hire Freese & Nichols, Inc. Motion carried. Motion carried. 2. REFERRALS: Motion was made by Nash~ seconded by Stephens that the following petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1291 & Z-1292. This is the petition of Mr. Jack Bell and Mr. Charles Glasgow, requesting they be granted two zoning changes. Z-1291, the petitioners seek a change from Agricultural (A) to Multi-Family (MF-1) classification on both frontages of Londonderry Lane west of Teasley, typically 95 feet deep on the north side, 100 feet deep on the south side, and totalling approximately 4.5 acres. Z-1292, the petitioners also seek a chanqe from Agricultural (A) to Neighborhood Service (NS) classification On a 140' X 90' lot located on the remainder of the property west of Teasley and Londonderry. (B) Z-1293, the petition of Mr. William P. Martindale, requesting he be granted a change in zoning from Agricultural (A) to Single Family (SF-13) classification on a 7.'2 acre tract (290' x 1091') located on the south side of E1 Paseo Street extended, adjoining and immediately east of Montecito del Sur Addition. (C) S-139, the petition of Mrs. John L. Smith, requesting she be granted a Specific Use Permit for a Mobile Home Park comprised of a single unit. The proposed location of the Mobile Home Park on the west side of Bonnie Brae Street is approximately 1/2 mile north of the intersection of Bonnie Brae and Payne. This is lot 6, Block 4075. (D) Z-1294, the petition of Ford-Lynn and Associates, requesting a change in zoning classification from Single-Family (SF-7) to Planned Devel- opment (PD) classification to permit construction of a fitness center offering health care. This is proposed for an 8.6 acre tract located generally west of the intersection of Malone and Broadway. This vacant tract, measuring approx- imately 990' x 390', is located behind an existing medical office building. Motion carried. 3. PUBLIC HEARING: (A) A public hearing was held to consider the requested annexation of the Denton State School. The Director of Community Development reviewed the annexation procedure and stated that the Planning and Zoning Commission had recommended approval and that final action on the matter be taken in two weeks. Richard Smith, State School Administrator, spoke in favor of annexation, but no one spoke in opposition. Councilman Nash asked Mr. Smith if the State could contribute to fire and police service. Mr. Smith answered that he had been informed that this takes legislative action. He said that the School did have its own security. February 15, 1977 Continued 4. The Council considered the City of Denton electric rates. The City Manager introduced Forrest Cockrell, Black & Veatch Utility Rate Consultant. He explained in detail where extra margins were in the 1.85¢ per KWH base rate, adding that 1~ of this amount was for fuel cost. Ernie Tullos, Electric Engineer, advised that 982 housing units, including apartments with 1 meter, are all-electric, and there are approximately l~,O~O residences serviced by the City. The Manager stated that the City would work with the citizens to conserve energy, suggesting such things as storm windows and insulation. Several of the estimated 125 citizens present expressed themselves relative to the cost of utilities. Most were owners of all-electric homes. The City Attorney reviewed pending litigation with Lone Star Gas and stated if the Courts decide that the 1975 take or pay provision is void, then the penalty for 1976 and the possible penalty in 1977 would be void. The Manager stated that the City has had drastic gas curtailment since November 11, 1976, and we can't burn it if we don't get it. Motion was made by Nash, seconded by Stephens to accept the recom- mendation of the Utilities Board to reduce all-electric home rates heating portion from 1.85¢ per KWH to 1.35¢ per KWH for December, January and February billing, and those who request it can also take advantage of bill averaging for March, April and May, 1977. Motion carried. A letter from Texas Power & Light Company dated last August was read by one of the citizens present, a letter in which a preliminary offer of 25 million dollars was made for Denton's electric system. The City Attorney read a subsequent letter from Mr. R. K. Campbell of Texas Power & Light withdrawing all offers to purchase Denton's electric system. Councilman Stephens asked the City Manager to see if it were possible to cut expenses of the Electric Department. He said that he understood that the City was collecting sales taxes on utility bills. The Manager answered, "yes, but that we have contacted the State Comptroller for permission not to collect the sales taxes" 5. Mrs. Jo Nash presented a petition with approximately 3,300 signatures asking for an independent experts review and evaluation of the City of Denton's electric system. Councilman Mitchell stated that he might be willing to go into this but asked what the cost was. Councilman Nash answered that a firm that he had in mind had given a preliminary cost estimate of $30,000 to $40,000. Motion was made by Nash, seconded by Stephens to accept the petition and to employ a management consulting firm to study Denton's electric system, and that this firm not be connected with or ever has been connected with the City of Denton in any way. Mayor Hughes asked to add an amendment to the motion as follows: "that the Council meet with the Utilities Board relative to selection of a consultant". Councilman Nash agreed. The final motion with the Hughes amendment is as follows: Motion was made by Nash, seconded by Stephens to accept the petition and to employ a management consulting firm to study Denton's electric system, and that this firm not be connected with or ever has been connected with the City of Denton in any way, and that the Council meet with the Utilities Board relative to selection of a consultant. Motion carried. February 15, 1977 Continued 6. The Council considered the request of Mr. Robert Heiser to alter the alignment of Loop 288 so he can proceed with the development of his property. The Director of Community Development stated that moving the alignment 200 feet south as requested would move it into the yards of some Montecito homes. The Council concurred that action on the matter not be considered until a letter was received from B. L. DeBerry of the State Highway Department, relative to the proposed alignment of Loop 288. 7. The Council considered supporting NTSU's Institute of Applied Sciences efforts to obtain a grant to study revitalization of the downtown area of Denton. Motion was made by Nash, seconded by Stephens to support NTSU's Institute of Applied Sciences efforts to obtain a grant to study revitalization of the downtown area of Denton. Motion carried 4 to O, with Hughes abstaining. 8. The Council considered the resignation from the Building Code Board of Mr. Tom Miller. In his letter Mr. Miller stated that he appreciated the opportunity to be of use to the City as a member of the Board, and trusted that other opportun- ities would present themselves in the future. 9. The Council considered approving plans and authorizing advertising --, for bids to construct Windsor Drive. Motion was made by Nash, seconded by Stephens to approve plans for Windsor Drive and to authorize the Staff to advertise for bids. Motion carried. 10. The Council considered approving plans and authorizing advertising for bids for various Park Bond facilities. - Mr. Norman Hatfield of Hatfield-Halcomb, Inc., presented the plans and asked for approval to advertise for bids to be open on 3-31-77. He stated that the bid was broken down into three different bids: (A) Senior Citizens Building (B) Renovation of the Community Building (C) Parking Lot The Council indicated they needed more time to study the building plans of the Senior Citizens Building. Motion was made by Stephens, seconded by Mitchell to authorize advertising for bids for the following projects: (A) 14 Tennis Courts - 4 Multipurpose Courts (B) Baseball/Softball Fields at North Lakes and Fred Moore (Fencing, Lights and Clay) (C) Playground equipment at North Lakes, Milam, Denia and Mack Parks (D) Bleachers and benches at Denia, North Lakes and Mack Parks (E) Sprinkler systems at North Lakes, Southridge and Mack Parks (F) Parking lots at Mack, Denia and North Lakes Parks (G) Road at North Lakes Park (H) Benches and Shelter on Carroll Blvd. (I) Soccer/football field site preparation at Denia and North Lakes Parks Motioh carried. 11. The Council considered hiring an architectural firm for the Eastside Fire Station. Motion was made by Stephens, seconded by Nash to accept recommendations of the Architectural Selection Committee and to hire The Architectural Collective, Inc. of Denton as architect for the Eastside Fire Station. Motion carried. February 15, 1977 Continued 12. The Council considered authorizing the Parks and Recreation Board to begin a review procedure to select architects for the recreation centers. Mr. and Mrs. Ronnie Roberts and Chairperson Pat Cheek of the Parks and Recreation Board, indicated disappointment that action on the location of the two centers has been delayed by the Council. These people indicated that haste is needed and that construction needs to get underway. Motion was made by Stephens, seconded by Nash to authorize the Parks and Recreation Board to begin review procedures to select an architect for the proposed recreation centers. Motion carried. 13. The following Ordinances were presented: (A) ORDINANCE NO. 77-8 (Joe Farina) 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 A PORTION OF LOT 3, BLOCK A OF THE REPLAT OF A PART OF TEASLEY MALL SUBDIVISION, AS SHOWN THIS DATE ON THE OFFICIAL REPLAT, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECT- IVE DATE. Motion was made by Mitchell, seconded by Ivey that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. (B) ORDINANCE NO. 77-9 (Bob Creuch) 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. 6, BLOCK NO. 4027, 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stephens "aye", Mitchell "aye",.Nash "aye", Ivey "aye" and Hughes "aye". Motion carried. (C) ORDINANCE NO. 77-10 (Tom Jester) 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, BLOCK NO. 4070, 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 Ivey that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye", Ivey "aye" and Hughes "aye". Motion carried. 14. Mayor Pro Tem Ben Ivey, who had resigned effective April 5, 1977, submitted his resignation effective immediately in order to comply with the provisions of the City Charter, so that his successor could be elected to fill the vacancy. Mr. Ivey then left the meeting. 15. The following Ordinance was presented: ORDINANCE NO. 77-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDER- ING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1977, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PURPOSE OF ELECTING THREE (3) COUNCILPERSONS FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE .It, February 15, 1977 Continued SECTION 2.01 OF THE CHARTER OF THE CITY OF DENTON, TEXAS; AND ELECTING ONE (1) COUNCILPERSON TO FILL A VACANCY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 2.04 OF THE CITY CHARTER; 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 Mitchell, seconded by Nash that the Ordinance be passed and to include Lee Knox as Election Judge and Bob Miller as Alternate Judge. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 16. The Council considered relocation of the sewer line at NTSU Health, Physical Education and Recreation Building. The Manager stated that he had a letter from Mr. James H. Nash, Construction Manager at NTSU, stating that they proposed to extend sewer lines from Avenue D to Avenue E to permit abandonment of the sewer along Avenue D, which presently restricts work on the HPER Building. He stated that the contractor of the HPER Building has proposed a price of $5,228 for this work, which includes no mark-up for overhead and profit. Motion was made.by Nash, seconded by Mitchell to authorize the request of NTSU if NTSU is going to pay the $5,228 cost, and if not the matter will go t back to the Council. Motion carried. 17. Motion was made by Nash, seconded by Mitchell that the Tax Adjustment Report for February, 1977 in the amount of $3,214.91 be approved. Motion carried. 18. The Council adjourned into Executive Session at 12:06 a.m., February 16, 1977 to consult with the City Attorney on pending litigation. 19. The Council reconvened into Public Session at 12:50 a.m., February 16, 1977 to announce that ~o official action was to be taken. Meeting adjourned at 12:55 a.m., February 16, 1977. MAYOR City Council February 21, 1977 Special Called Joint Meeting of the City Council and the Public Utilities Board of the City of Denton, Texas, Monday, February 21, 1977 at 1 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Hughes, Council Members Mitchell, Stephens and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Members Ramey, Shelton and Davis. ABSENT: Utilities Board: Munson I. The Council considered plans and authorization for advertisement of bids for the Senior Citizens Center. A representative of the architectural firm of Hatfield-Halcomb, Inc. presented plans. Nash stated that he would prefer having a complete set of plans, specifications and bid documents before authorizing advertising for bids. The Architect stated that plans and specifications, along with bid documents, would be ready for Council review by Monday. 2. The Council considered the selection of a consulting firm to study the City of Denton Electric System. The City Attorney stated that the City Charter requires that the Utilities Board make its recommendation to the Council on this matter. Utilities Board Chairman Harpool stated that his group needs direction from the Council as to the depth of the study before making recommendations. The Mayor stated that she had no clear idea what kind of study we are asking for and that the Council should know the perimeters of the study before we can know which firm to hire. Nash stated he had requested the Mayor to contact Fort Worth to obtain their opinion of the consulting firm of Gilbert & Associates who made a study for them. T~e~l~e did check with Fort Worth, that the Staff was pleased a~q'a~t P~ce-~l~ffe was also involved. She also said that the Fort Worth Staff s~"~ated that they expected the results that were given, adding that she would have to depend on the Denton Staff relative to what we needed in the proposed study. She recommended a meeting with the Council and the Utilities Board on Tuesday, March l, 1977 and requested the Staff to prepare an outline relative to what type of study should be made, and list the firms to be considered. Harpool stated that every electric utilit~ system is faced with problems. What we have done has been public knowledge and on the expert advice of a consult- ing firm. Motion was made by Nash, seconded by Stephens that the Council hold a meeting with the Utilities Board on Tuesday, March 1, 1977 at 4:30 p.m. to receive a report from the Staff and the Utilities Board. Motion carried. 3. The Council considered the request of Clearman-Owens, Inc. to extend water service outside the city limits on Marshall Road (adjacent to Ranch Estates). The Manager briefed the Council, stating that Clearman-Owens would be requested to take the line across their property at no cost to the City and that the Utilities Board had recommended approval. 2off February 21, 1977 Continued Motion was made by Nash, seconded by Mitchell to extend water service to Clearman-Owens, Inc. on Marshall Road, and to consider future annexation. Motion carried. 4. The Council adjourned into Executive Session with the Utilities Board at 2:30 p.m. to discuss Lone Star Gas litigation. 5. The Council reconvened into Public Session at 4:00 p.m. to announce that no official action was to be taken. Meeting adjourned at 4:05 p.m. MAYOR City Council March 1~ 1977 Special Called Meeting of the City Council and the Utilities Board of the City of Denton, Tuesday, March 1, 1977 at 4:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Hughes, Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Members Shelton and Davis. ABSENT: Utilities Board: Member Munson and Ramey. 1. The Council ~nsidere~ request of Freese & Nichols, Inc. to interview for~-~e~sewer master plan on engineering at NTSU and determine if ~re-would b~.a conflict of interest. lhe*~n~g6~ 'bri~ed ~*~cil and stated that this was a matter of concern for bo~h the Coun~i~ and the Utilities Board. Councilman Nash stated that he saw no conflict of interest. City Attorney Paul Isham stated that Freese & Nichols was ~ust inquiring to find out what the City thought relative to a possible conflict. The Utilities Board concurred that it did not appear to be a conflict of interest. Motion was made by Nash, seconded by Mitchell to advise Freese & Nichols to go ahead with interviews with NTSU and if the City Attorney has a legal question, and if plans were to be reviewed for the City, another consultant should be hired. Motion carried. 2. The Council considered the scope of the study to be made of the elect- rical system and the criteria for selecting a firm to make the study. Following a briefing by the City Manager, a list of suggested consult- ants was distributed to the Utilities Board and Council Members. Nash--Will this study take the place of the City's ten year study? The Manager answered in the affirmative. Nash also suggested Ebasco, Stone & Webster and Gilbert/Commonwealth as reputable firms. The Mayor suggested that we obtain information from other cities relative to consulting firms that have ~orked for them, that this information be obtained from R. L. Hancock or Mr. Peterson of the City of Austin. Harpool suggested that the Council advise the Utilities Board of the firms to be asked for proposals, and the Utilities Board would do the contacting and interviewing, then the Board will make a recommendation for the final decision of the Council. The Mayor pointed out that the Council should make the selection of a consultant based on the decision of all Council Members. Motion was made by Mitchell, seconded by Nash to request the Utilities Board to begin the selection process immediately, and that the Council meet with the Board, if so desired, and also to look into the suggestion to make use of the last five year operation records of the utility system. Motion carried. Harpool stated that the Board will begin the study immediately and will make its recommendation to the Council as soon as possible. Meeting adjourned at 5:45 p.m. ~ ~ MAYOR CITY ~ECRETARY City Council March 1, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, March 1, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Mitchell, Nash and Stephens, City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Nash that the minutes of the Regular Meeting of February 15, 1977 and the Joint Special Called Meeting of the City Council and Utilities Board of February 21, 1977 be approved. Motion carried. 2. The Council received a report on beautification programs from the Community Development Department. The Director of Community Development presented the Council with brochures and information relative to the matter. 3. Dr. Dwain Vance presented a proposal for formation of a City Beautification Commission, suggesting that the Commission should be composed of a lawyer, an architect, a business person and citizens in other areas, adding that this should be a ten year program. The City Attorney stated that he did not believe a Beautification Commission would overlap other commissions, boards, etc. Motion was made by Stephens, seconded by Nash to appoint an Advisory Committee, and to instruct the City Attorney to draw up an appropriate ordinance. Motion carried. 4. The Council considered approving plans and authorizing advertisement for bids on the Senior Citizens Center. Norm Hatfield, Architect, presented complete plans of the center. Councilman Nash requested that the Staff review the plans, then make recommendations to the Council. Motion was made by Nash, seconded by Mitchell to approve the plans, subject to a Staff review of the plans and their approval, and to authorize advertising for bids for the Senior Citizens Center, subject to Staff approval. Motion carried. 5. The Council' considered location of recreation centers and presented a minute order from the Planning and Zoning Commission concerning the sites. The Mayor reported that she attended a meeting with representatives of the School Board and the Parks Board and interested individuals, and reviewed past cooperative ventures with the schools. Frances LaForte read a lengthy statement asking that North Lakes Park not be selected as one of the locations, stating that North Lakes is not a neighborhood location, adding that Evers and Denia would be more desirable to a larger number. At this point several citizens spoke relative to the center locations with considerable differences of opinion. Motion was made by Mitchell, seconded by Hughes to accept the recom- mendation of the Parks Board and Advisory groups and to place the recreation centers in North Lakes and Denia Parks. The vote was 2 to 2; the motion died. Nash--I am against North Lakes as a site and people I know are against North Lakes. Stephens--Evers Park is more in the center of the population and has adequate traffic arteries leading to and from it. Pat Cheek--I simply want them built, but please build them quickly. March 1, 1977 Continued Motion was made by Stephens, seconded by Nash to build centers in Denia and Evers Parks. The vote was 2 to 2; the motion died. Motion was made by Nash, seconded by Hughes to place the matter of location of the two recreation centers at Denia and North lakes or Denia and Evers on a special opinion poll ballot in the April 2, 1977 election. Motion carried. 6. The Council considered an ordinance amending the Code of Ordinances authorizing TWU campus patrolmen to enforce all traffic laws within a particular described area. John Lawhon, Attorney, spoke in favor in behalf of TWU. The City Attorney stated that the Municipal Staff recommended passage. Captain Perry of the Denton Police Department, representing Chief Autrey, stated that the Department favored the passage. The following Ordinance was presented: ORDINANCE NO. 77-12 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW ARTICLE VIII TO CHAPTER 24 "SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY"~ AUTHORIZING TEXAS WOMAN'S UNIVERSITY CAMPUS PATROLMEN TO ENFORCE ALL TRAFFIC LAWS WITHIN A PARTICULAR DESCRIBED AREA; PROVIDING THAT SUCH PATROLMEN SHALL NOT BE EMPLOYEES OF THE CITY OF DENTON, TEXAS,-NOR BE ENTITLED TO ANY COMPENSATION FROM THE CITY OF DENTON, TEXAS FOR SERVICES PERFORMED; PROVIDING JURISDICTION AND CONTROL OF PARKING LANES WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUT PROPERTY OWNED BY THE STATE OF TEXAS; PROVIDING LIMITATIONS TO SUCH JURISDICTION AND CONTROL; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Mitchell "aye", Stephens "aye", Nash "aye" and Hughes "aye". Motion carried. 7. The Council considered hiring an architect for the recreation centers. Pat Cheek, Chairperson of the Parks and Recreation Boards read the recommendation of the Parks Board to hire the architectural firm of Hatfield- Halcomb. Motion was made by Stephens, seconded by Mitchell to hire Hatfield- Halcomb Architectural Firm as recommended. Motion carried 3 to 1. 8. The Council considered cutting 12.5% profit from the excess fuel cost being passed through to electric customers. The City Attorney stated that the matter should be checked by the City's Bond Attorneys. The Mayor stated that since no action on this matter was before the Legislature, that the City should refrain from action. Mitchell added that the City can't afford to jeopardize its bond covenants. Motion was made by Nash to show pass through costs on bills and not to collect from customers 12 1/2% profit on excess fuel costs. Stephens asked that an amendment to the motion to read, %ut to wait for the study of our electric system". Motion died for lack of a second. March l, 1977 Continued 9. The Council considered the reduction of late charges on electric bills and considered staff practice of discriminatory removal of late charges. DISCUSSION: (1) Remove late charges from those really suffering financially. (2) Removal could result in the City Staff being open to criticism for discrimination. (3) We will run into many serious problems if we waive the penalty. (4) Due date of bills should be 15 days after date of mailing bill, rather than 10 days. The City Attorney advised that the matter of rate changes, late charges, etc., requires by Charter that the Utilities Board make a recommendation to the Council. Motion was made by Nash, seconded by Hughes to refer the matter to the Utilities Board and request that they advise what the City can do relative to late payment penalty, and if the customer can pay only $25.00 per week, could the penalty be waived? Motion carried. 10. The Council considered the rate request of Lone Star Gas Company. The City Attorney stated that certain information had been asked of Lone Star Gas after their initial request several weeks ago. This information has not been delivered to the City. He recommended to extend action for another 30 days. Of course the request can be denied or granted now. Motion was made by Nash, seconded by Mitchell to extend action on the Lone Star Gas rate request for 30 days. Motion carried. 11. The matter of a Minute Order from the Planning and Zoning Commission relative to Denton Housing Authority for administration of the Community Develop- ment Grant Loan Program, the Director of Community Development advised that the Housing Authority was not able to have the information available at this meeting. 12. The Council considered the request for annexation of the Denton State School property following the public hearing of February 15, 1977. Motion was made by Hughes, seconded by Stephens to instruct the City Attorney to draw up an appropriate ordinance for Council consideration and action. Motion carried 4 to 1. 13. The Director of Community Development reviewed plans for Sherman. Drive. He presented cost estimates to the Council and stated that plans were complete, and asked for authorization to advertise for bids to be received on March 29, 1977. Motion was made by Nash, seconded by Mitchell to authorize advertising for bids for construction of Sherman Drive. Motion carried. 14. The Council considered instituting a prayer by local chaplains, preachers, etc. before each Council meeting. Motion was made by Nash, seconded by Hughes to refer the matter of selection of ministers to the Ministerial Association. Motion carried. 15. The Council considered improvement or replacement of the public address system and improvement of the auditorium seats in the Council Chambers. The City Secretary was requested to make a recommendation relative to these matters by the next regular meeting. March l, 1977 Continued 16. The following Ordinance was presented: ORDINANCE NO. 77-13 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING PENALTIES FOR VIOLATIONS OF THE NEW CODE~ PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye" and Hughes "aye". Motion carried. 17. The Council considered approval of final payment to Chicago Bridge and Iron Company for the construction of the 55,000 barrel fuel oil storage tank. Ernie Tullos, Utilities Engineer, stated that the money would be paid from bond funds. Motion was made by Mitchell, seconded by Nash to approve final payment to Chicago Bridge and Iron Company for the construction of the 55,000 barrel fuel oil storage tank. .Motion carried. 18. Motion was made by Nash, seconded by Stephens to give permission to the Mayhill-Cooper Creek Volunteer Firefighters to use the City of Denton's fire hydrants in their area. Motion carried. 19. The following Ordinance was presented: ORDINANCE NO. 77-14 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Stephens, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Mitchell "aye", Stephens "aye" and Hughes "aye". Motion carried. 20, BIDS: (A) #8446 Ballfield lighting for Mack Park Motion was made by Nash, seconded by Mitchell that the bid be awarded as follows: to the low alternate bidder Graybar Electric in the amount of $47,444.00, FOB Denton, with a 14 to 16 week maximum delivery time. Increased quantities will be $18,590.00 for 20 pieces 60 foot pole, $14,833.00 for 100 pieces 1500 watt light fixtures and $3,536.00 for 100 pieces 1500 watt lamps, for a total of $36,959.00 for the additional two projects. Motion carried. (B) #8449 Air Compressor Motion was made by Stephens, seconded by Nash that the bid be awarded to Tide Air, Inc., the low bidder, at a price of $3,618, FOB Denton. Motion carried. (C) #8443 Transformer Repair Motion was made by Nash, seconded by Stephens that the bid be awarded to Alamo Transformer Company of San Antonio, Texas, low and best evaluated bidder. Motion carried. 21. The Council adjourned into Executive Session at 10:46 p.m. 22. The Council reconvened into Public Session at 11:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:25 p.m. ~ ~ ~Iq~ SECRETARY 2!5 City Council March 9, 1977 Special Called Joint Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Wednesday, March 9, 1977 at 8 p.m. in the Council Chambers of the Municipal Building. PRESENT: Council: Mayor Hughes, Members Stephens and Nash, City Manager ~te, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Ramey, Davis and Shelton ABSENT: Council: Member Mitchell Utilities Board: Member Munson 1. The Mayor opened the meeting and requested that the audience not ask questions from the floor until the written questions had been answered. She requested that the City Manager give a history of the Power Pool, its purpose at inception and the advantages to the four cities who are members of the Pool. 2. Paul Cunningham, Executive Director of TMPA and Ken Smith Project Manager of the TMPA Gibbons Creek Lignite Project, answered 31 --~ written questions by customers relative to TMPA. The answers were well received. 3. The City Manager and Ernie Tullos, Utilities Engineer, then answered questions that were directed to the City Manager. The matter of utility rates and late charges and costs of power between Pool Members was discussed at length. 4. Several citizens presented their views and asked specific questions of the Council and Utilities Board. 5. Chairman Harpool stated that citizens must have faith in elected officials, that Denton has a competent Staff and that all recommendations of the Board to the Council are carefully thought out, adding that the Board had confidence in the Staff of TMPA. Other members concurred. Councilman Stephens stated that he hoped that the take or pay provision of the Lone Star Gas Contract would be erased by the Courts. Councilman Nash thanked the crowd for their courtesy and interest during the meeting. The Mayor stated she was gratified for this opportunity to tell it like it is. Several citizens expressed their appreciation for the clarity in the answering of citizens questions. The meeting adjourned at 11:25 p.m. MAYOR City Council March 14, 1977 Regular meeting of the City Council of the City of Denton, Texas, Monday, March 14, 1977 at 1:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. 1. Motion was made by Mitchell, seconded by Nash that the Minutes of the Special Called Meeting of March 1, 1977, the Regular Meeting of March 1, 1977 and the Special Called Meeting of March 9, 1977 be approved. Motion carried. 2. The Council considered hiring a consultant regarding the requested Lone Star Gas rate increase. The City Attorney stated that he anticipated rejection of the rate increase requested by Lone Star, and that they most likely would appeal to the Railroad Commission. He further stated that it would be desirable to have expert testimony for the City during the hearings before the Commission. Motion was made by Hughes, seconded by Mitchell, that the matter be tabled until such time as the Council acts on the Lone Star rate increase request, and in the interim the staff obtain estimates from two consulting firms. Motion carried. 3. The Council considered hiring Frank Booth to represent the City of Denton in adjudication of the Trinity River Basin. The City Attorney stated that the Texas Water Rights Commission has announced plans to adjudicate the upper Trinity River Basin and that Denton's interest in A~brey Reservoir will be included in this adjudication. Isham recommended that the City of Denton retain water right~ attorney Frank Booth - of Austin to represent the City before the Texas Water Rights Commission. He added that Booth's fee would be based on his standard rate of $350.00 per day, and that this proceeding could take several years, with costs to the City of $40,000 to $100,000 in legal fees. Motion was made by Mitchell, seconded by Stephens that Frank Booth be retained to represent the City of Denton in hearings before the Texas Water Rights Commission to adjudicate the Upper Trinity River Basin. Motion carried. 4. The Council considered the recommendation of the Finance Department to go to a continuous card-type form for billing. The City Manager briefed the Council on the recommendation of the Finance Department to go to continuous card utility billing and to purchase a stuffing machine. The Manager stated that the machine would cost approximately $15,000. Motion was made by Stephens, seconded by Mitchell that the City go to continuous card utility billing and approve advertising for bids for a stuffing machine. Motion carried. 5. Mr. David Arnold of the Denton Jaycees appeared before the Council to request the use of Evers Park on S~nday, March 27, 1977 from 12:00 noon to 6:00 p.m. for a fa~il~s~ ~c~ni~'.~old stated that there would be amplified sound, but~he-~"~hi~ affect any of the neighbors. Motion was made by Stephens, seconded by Nash that the Jaycees be allowed to use Evers Park for this event. Motion carried. 6. BIDS: (A) #8452 Fire Trucks Motion was made by Mitchell, seconded by Stephens that the alternate bid be awarded to American LaFrance, the best and lowest evaluated bidder, at $75,672 each, for a total of $151,344 for two trucks. Motion carried. March 14, 1977 Continued (B) #8453 Cement Lime and Road Material Motion was made by Mitchell, seconded by Stephens that the bid be awarded as follows as recommended by the City Manager: Items 1,2,3 & 4 to Gene Gohlke Bldg. Products Item 23 to General Portland Cement Co. Item 24 to Jagoe Public Co. Item 6 to Round Rock Lime Co. Items 5,7,8,9 & 10 to Texas Industries Items 8A, 12 & 13 to Boyd Excavation Items 14,15,16 & 18 to Wright Asphalt Co. Items 11,19,20,21,22,25 & 26 to Vulcan Materials Motion carried. 7. Mayo~ ~u~es ~at~'~l~h~"~e had met with representatives of Texas Woman's University, North Texas State University, Denton Independent School District and the Denton Chamber of Commerce to discuss the action of KERA Television in attempting to obtain Channel 2, previously allocated to Denton for educational uses, adding that it was the consensus of the above group to ask KERA Television to postpone their request for 3 to 6 months pending further study. 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 14TH DAY OF MARCH, A.D. 1977 RESOLUTION WHEREAS, the Federal Communications Commission (FCC) has allocated an educational channel, Channel 2, in the Dallas-Fort Worth metropolitan area to Texas Woman's University, North Texas State University and Denton Ihdependent School District; and WHEREAS, the North Texas Foundation for Public Broadcasting of Dallas, operators of KERA-TV, Channel 13 in Dallas, have made application to the FCC for reallocation and reassignment of Channel 2; and WHEREAS, the City Council desires to obtain the opportunity to investigate the matter of the reallocation so as to determine whether the City of Denton desires to oppose or support the same, and to determine what is in the best interests of the City of Denton, its citizens and educational institutions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the City of Denton request the Federal Communications Comm'ission to delay their decision on the application for reallocation of Channel 2 for a reasonable time so that the City of Denton can determine the advantages and/or disadvantages that such reallocation may have to the City, its citizens and the spendid educational institutions that are within the City, and make a recommendation in favor or opposition of such reallocation. PASSED AND APPROVED this the 14th day of March, A.D. 1977. /s/ ELINOR HUGHES, 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 March 14, 1977 Continued Motion was made by Mitchell, seconded by Stephens that the Resolution be passed. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye'" and Hughes "aye". Motion carried. 8. The Council adjourned into Executive Session at 2:15 p.m. 9. The Council reconvened into Public Session at 3:35 p.m. to announce that no official action was to be taken. Meeting adjourned at 3:40 p.m~ MAYOR ASSISTANT CITY SECRETARY Municipal Building March 28, 1977 Special called meeting of the City Council of the City of Denton, Texas, Monday, March 28, 1977 at 1:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Council Members Mitchell, Nash and Stephens, City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council considered an ordinance directing the issuance of notice of sale of bonds. The City Manager briefed the Council relative to $500,000 of Water and Sewer Revenue Bonds, series 1977, and $3,000,000 General Obligation Bonds, series 1977. Frank Medanich of the First Southwest Company stated that he was confident that the City can meet the financial requirements for the sale of Water and Sewer Revenue Bonds and General Obligation Bonds and explained the Ordinance to be considered. The following Ordinance was presented: ORDINANCE NO. 77-15 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 $500,0O0 WATER WORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1977 $3,000,000 GENERAL OBLIGATION BONDS, SERIES'1977 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, May 17, 1977 for the purchase of: $500,000 Waterworks and Sewer System Revenue Bonds, to be dated April 15, 1977, and to mature serially July 15 each year 1980 through 1992. $3,000,000 General Obligation Bonds, to be dated June 1, 1977, and to mature serially June 1 each year 1979 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. ~ ,~.,~.~ All sealed bids will be publicly opened and tabulated before the Council. March 28, 1977 Continued Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about April 26, 1977, 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. 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; and 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 Mitchell, seconded by Stephens that the Ordinance be passed. On roll call vote Nash "aye", Stephens "aye", Mitchell "aye" and Hughes "aye". Motion carried. 2. The Council considered the plot plan for the Senior Citizens Building. The Director of Community Development and the City Manager both stated that the Parks Board and a Citizens Committee had recommended the site nearest the Community Building and Bell Avenue. Motion was made by Nash to move the building out of the flood plain. Motion died for lack of a second. 3. Auditors representing Alexander Grant Company reviewed the 1975-76 audit and then discussed the management letter, answering questions from Council members. 4. The Council made an on-site inspection of the site recommended by the Parks & Recreation Board for construction of a Senior Citizens Center. Following the inspection, the Council agreed to recess, then continue the discussion relative to the Senior Citizens Center with the Parks Board on Wednesday, March 30, 1977 at 12 noon in the Community Building. 5. The Council reconvened in a joint session with the Parks and Recreation Board on March 30, 1977 at 12 noon. All four members of the Council were present, along with the Parks and Recreation Board--Chairperson Cheek, Members W. W. Wright, Joe Teaff and Leonard Logan. Also present were representatives of the architectural firm of Hatfield-Halcomb. The group discussed alternatives, costs and possible change of the planned location of the Center along with other matters relative to the Center. 6. Following the discussion, Pat Cheek, Chairperson of the Parks Board, stated that the recommendation of the Parks Board stands. The Mayor stated that if no motion was made by the Council the decision of the Parks Board would stand. No motion was made, so the recommendation of the Parks Board stands as originally recommended. Meeting adjourned at 1:02 p.m. Municipal Building April 5, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, April 5, 1977, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Nash, Stephens and Mitchell; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Nash that the minutes of the regular meeting of March 15, 1977, Special Called meeting of March 28, 1977 recessed to meeting with Parks and Recreation Board on March 30, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1290, the petition of Hr. Bill Brady, requesting he be granted a change in zoning from Single Family (SF-7) to Multi-Family (MF-1) classification on a .7 acre tract located at the southwest corner of Peach and Bell. The property is described-as Block 133, Lot 2.1. After hearing 1 proponent and none in opposition, and a report from the Director of Community Development, advising that 17 letters were mailed to property owners, with 4 returned in favor and 1 in opposition, motion was made by Mitchell, seconded by Nash that the petition be approved. Motion carried. (B) A public hearing was held on Z-1291 and Z-1292, petitions of Jack Bell and Charles Glasgow, requesting they be granted two zoning changes: (1) Z-1291-- the petitioners seek a change from Agricultural (A) to Multi-Family (MF-1) classification on both frontages of Londonderry Lane west of Teasley, typically 95' deep on the north side and 100' on the south side, and totaling approximately 4.5 acres. After hearing 1 speak in favor and none in opposition, motion was made by Nash, seconded by Stephens that the petition be approved. Motion carried. (2) Z-1292--the petitioners also seek a change from Agricultural (A) to Neighborhood Service (NS) classification on a 140' x 90' lot located on the north side of Londonderry, 130' west of the intersection of Teasley and Londonderry Lane. After hearing 1 speak in favor and none in opposition, motion was made by Nash, seconded by Stephens that the petition be approved. Motion carried. (C) A public hearing was held on Z-1293, the petition of Mr. William P. Martindale, requesting he be granted a change in zoning from Agricultural (A) to Single Family (SF-13) classification on a 7.2 acre tract (290' x 1091') located on the south side of E1Paseo Street extended, adjoining, and immediately east of Montecito Del Sur Addition. After hearing 1 speak in favor and none in opposition, motion was made by Nash, seconded by Mitchell that the petition be approved. Motion carried. (D) A public hearing was held on S-139, the petition of Mrs. John L. Smith, requesting she be granted a Specific Use Permit for a mobile home park comprised of a single unit. The proposed location of the mobile home park on the west side of Bonnie Brae Street is approximately 1/2 mile north of the intersection of Bonnie Brae and Payne. This is lot 6, Block 4075. After hearing 1 speak in favor and none in opposition and a report from the Director of Community Development that 15 letters were mailed with 7 returned in favor and 1 in opposition, motion was made by Stephens, seconded by Mitchell that the petition be approved with the following conditions: April 5, 1977 Continued (1) The permit is non-transferrable and shall terminate if the petitioner sells the property. (2) The permit will cease if the present tenant, the Adams family, moves. (3) The permit only allows placement of the mobile home at the existing location on the property near the house and farm buildings. Motion carried. (E) A public hearing was held on Q-l, the petition of Mr. Roger Shipman, requesting the quit claim of an alley in the Portwood Terrace Addition. The all~y is located within City block 388 and bounded by Mulberry and Sycamore Streets and Avenue C and D. After being briefed by the Director of Community Development, who stated that the Planning & Zoning Commission had recommended approval, motion was made by Nash, seconded by Mitchell to approve a quit claim deed to the public. Motion carried. 3. John Lawhon, Attorney, appeared before the Council to request a letter of consent for water and sewer operations at Denton West Mobile Home Park. Motion was made by Stephens, seconded by Nash to approve the letter of consent of the Public Utilities Commission for the water system as it now exists. Motion carried. 4. Dr. Norma Gilbert appeared before the Council and presented a report of accomplishments of the Denton Area Crisis Center. She stated that it is a United Way Agency, and 61 persons had been treated during two months of operation. The Mayor read a Proclamation proclaiming April 5 as Denton Area Crisis Center Awareness Day and presented it to Dr. Gilbert. 5. The Council considered a quit claim deed abandoning a utility easement off Sherman Drive north of Kings Row. Motion was made by Nash,.seconded by Stephens that the easement be abandoned and a quit claim deed approved. Motion carried. 6. The Council considered the request to annex a portion of the Ranch Estates Development into the City of Denton. The Director of Community Development briefed the Council and requested authorization to advertise for a public hearing. Motion was made by Mitchell, seconded by Stephens to authorize advertising for a public hearing. Motion carried. 7. Preliminary architectural plans for the Eastside Fire Station were reviewed by Gerald Stone, Architect. Mr. Stone presented Phase 1 to the Council stating that the total cost is estimated at $143,538. This amount does not include land cost, and that the total project cost would be $31.37 per square foot. Motion was made by Nash, seconded by Stephens to proceed with the project. Motion carried. 8. The Council received and reviewed property appraisal of the Eastside Fire Station. The Director of Community Development requested that the Council offer $7,300 to the land owner, as recommended by the appraiser and the Department of Community Development. Motion was made by Nash, seconded by Stephens to approve making an offer of $7,300 for the site of the Eastside Fire Station as recommended by the appraiser and the Department of Community Development. Motion carried. April 5, 1977 Continued 9. The Council reviewed bid tabulation for bids submitted on the Sherman Drive paving project. Motion was made by Nash, seconded by Mitchell to release bid bonds to all bidders except Jagoe-Public Company and Bertram Construction Company. Motion carried. 10. Motion was made by Mitchell, seconded by Nash that the Tax Adjustment and Supplemental Tax Roll reports for March, 1977 be approved as follows: TAX ADJUSTMENTS Personal Property Automobiles $7,078.67 Business Personal Property 999.77 Real Estate 1,502.02 $9,580.46 SUPPLEMENTAL TAX ROLL Real Estate $ 48.06 Personal Property Automobiles 1,874.03 Motion carried. ll. The Council considered the City of Denton Annual Audit for 1975-76. The Manager advised that the total cost of the audit is $29,850. Motion was made by Nash, seconded by Stephens to accept the Annual Audit and approve final ~yment to Alexander Grant and Company. Motion carried. 12. BIDS: (A) #8451 Vibratory Roller Motion was made by Stephens, seconded by Mitchell that the bid be awarded to the low bidder meeting specifications, Cooper Machinery, at $6,023.00, FOB Denton with a 2% ten day cash discount. Motion carried. (B) #8458 Police Cars Motion was made by Stephens, seconded by Mitchell that the bid be awarded to Dave Krause Pontiac of Denton at $4,739.84 per vehicle plus $75.18 for the option package, for a total of $4,815.02 per vehicle or $43,335.18 for the fleet of nine automobiles. Motion carried. (C) #8459 Mowers Motion was made by Mitchell, seconded by Stephens that the bid be awarded as follows: Item 1 to the low bidder, Colonial Motors, at $2,120 each for a four unit total of $8,480.00 Item 2 to Colonial Motors at $206.00 each for six commercial rated push mowers for a total of $1,236.00 Item 3 to Colonial Motors at $198.00 each for a two unit total of $398.00 Motion carried. (D) #8462 Drinking Fountains Motion was made by Nash, se~'onded by Mitchell that the bid be awarded to the low bidder meeting specifications, Bailey Meissner Company of Denton, at $341.04 each for a total of $4,774.56. Motion carried. 224 April 5, 1977 Continued (E) #8464A Truck Cab and Chassis Motion was made by Nash, seconded by Stephens that the bid be awarded to Banner Chevrolet in the amount of $10,531.00 each, for a total of $21,062.00, FOB as required, with a 40 day delivery schedule. Motion carried. 13. PURCHASE ORDERS: (A) #31126--Repair of Fire Truck #12 Motion was made by Stephens, seconded by Mitchell that payment to American LaFrance in Haltom City be approved in the amount of $5,989.21. Motion carried. (B) Texas Parade Magazine Article Motion was made by Mitchell, seconded by Hughes to approve payment of $10,813.28 to Kerss, Chapman, Bua & Norsworthy, Inc. for a special report on Denton in Texas Parade Magazine and for service expense in November, December and January and for service fee in January. Motion carried. 14. The Council considered designating site location for recreation centers. Motion was made by Mitchell, seconded by Hughes to place the' recreation centers at North Lakes and Denia Parks. Motion carried. 15. The Council considered authorizing the staff to prepare a report on designating the City's official newspaper for legal publications. Following considerable discussion, motion was made by Nash, seconded by Stephens to request the staff to prepare a report on going to bids and designating the City's official newspaper for legal publications. Motion carried. 16. The Council canvassed the returns of the April 2 Municipal Election. The following Ordinance was presented: ORDINANCE NO. 77-16 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 2, 1977, TO ELECT THREE CITY COUNCILPERSONS TO THREE PLACES, PLACES ONE (1), TWO (2) AND THREE (3); AND ONE CITY COUNCILPERSON TO PLACE FIVE (5). 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 2nd day of April, 1977, for the purpose of electing four (4) members to said Council three members to be elected to Places One (1), Two (2), and Three (3) for two (2) year terms, and one member to be elected to Place Five (5) to fill an unexpired term of one (1) year; 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: April 5, 1977 Continued PLACE ONE (1): Bill Williams 582 votes Joe Mitchell 2244 votes Bill Midgett 1665 votes Richard O. Stewart 1 vote Yaubl Sacapi 1 vote Gene White 1 vote James Gotcher 1 vote Gay Wesson 1 vote PLACE TWO (2): Elinor Hughes 3004 votes Mansell "Smitty" Smith 1348 votes Gus Seligmann 1 vote Richard O. Stewart 1 vote Lee G. Knox 1 vote James Russell 1 vote Clay Salmon 1 vote Mark Fash 1 vote Rita Holcomb 1 vote Bob Hankins 1 vote Ray Kraemer 1 vote Pete Gunter 1 vote Bill New 1 vote PLACE THREE (3): Mary Claude Gay 2390 votes Ray Stephens 1671 votes Richard Charles Ray 449 votes Clay Salmon 2 votes Deborah Shelton 2 votes Michael George 1 vote Curtis Bagley 1 vote Harry Down 1 vote PLACE FIVE (5): Richard O. Stewart 2502 votes Rickey V. Daniel 84 votes Pat Cheek 1802 votes Tiro Rodriquez 1 vote Bill Hornbaker 1 vote James Gotcher 1 vote Mark Fash 1 vote SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Elinor Hughes is elected to Place Two (2) for a two (2) year term; Mary Claude Gay is elected to Place Three (3) for a two (2) year term; and Richard O. Stewart is elected to Place Five (5) to fill an unexpired term of One (1) year and each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law, and it is determined that a special run-off election is necessary to fill Place One (1). PASSED AND APPROVED this the 5th day of April, A.D. 1977. /s/ ELINOR HUGHES, 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 Mitchell, seconded by Nash that the Ordinance be passed. On roll call vote Stephens "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. April 5, 1977 Continued 17. The following Ordinance was presented: ORDINANCE NO. 77-17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AND ORDERING A SPECIAL RUN-OFF ELECTION TO BE HELD ON THE 16TH DAY OF APRIL, 1977, THE SAME BEING THE FOURTEENTH DAY AFTER THE PRECEDING ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCILPERSON TO PLACE ONE (1) FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE III, SECTION 3.04 (b) OF THE CHARTER; 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, TEXAS 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 CANVASSING OF THE RETURNS OF SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Nash that the Ordinance be passed. On roll call vote Mitchell "aye", Nash "aye", Stephens "aye" and Hughes "aye". Motion carried. 18. The following Resolution in appreciation of Dr. Ray Stephens 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 5TH DAY OF APRIL, A.D. 1977. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ RESOLUTION IN CITY OF DENTON~ APPRECIATION OF DR. RAY STEPHENS 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 Dr. Ray Stephens for his valuable public service as a member of the City Council from April , 1975 - until April, 1977; and WHEREAS, the Mayor and City Council acknowledge with grateful appreciation of the tireless and outstanding manner 'in which he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader. NOW, THEREFORE, on behalf of the people he has served so well, the Mayor and City Council 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 of Denton, and that a copy of this Resolution be forwarded to him, the said DR. RAY STEPHENS, as a token of our appreciation. PASSED AND APPROVED this the 5th day of April, A.D. 1977. /s/ ELINOR HUGHES, 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 Mitchell, seconded by Hughes that the Resolution be passed. On roll call vote Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. April 5, 1977 Continued 19. The City Secretary administered the Oath of Office to Elinor Hughes, Mary Claude Gay and Richard Stewart who were elected at the April 2, 1977 City Election. Meeting adjourned at 9:30 p.m. MAYOR City Council April ll, 1977 Special called meeting of the City Council of the City of Denton, Texas, Monday, April 11, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Gay, Stewart, Mitchell and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council discussed the Lone Star Gas rate request. (A~,i~tt~LrDew~C. Isham addressed the Council concerninq the Lone St~a~p~a~ny~st and discussed rate making in Texas, t~e Public Utility A~t~ what is a fair rate of return, and how a fair rate base is determined. Mr. Isham expressed an opinion that Lone Star was getting a fair rate of return on their investment in plant and equipment and recommended that: (1) The rate requests concerning residential, commercial and industrial customers be denied, because they are getting an adequate return and if the City re-negotiates a Gas Sales Contract with Lone Star, the distribution company will receive increased revenues surpassing the requested increases; and (2) That the City set its own intra-company City Gate Rate of $.9783 because the gas coming to Denton is in interstate commerce and the Railroad Commission does not have jurisdiction to set gate rates for gas moving in interstate commerce. (B) Mr. Lester Horstmann, local Lone Star Gas Manager, and Paul Baker, Regional Lone Star Gas Manager, gave their presentation. Mr. Baker stated that Lone Star could not do business if the gate rate was reduced as recommended by the City Attorney. He added that Lone Star did not want to withdraw their rate request, and added that Lone Star was entitled to 8% return on their investment. Motion was made by Nash, seconded by Mitchell to deny the rate request of Lone Star Gas and to defer any consideration at this time of the City Gate Rate of Lone Star Gas. Motion carried. 2. The Council adjourned into Executive Session at 9:00 p.m. to discuss qualifications of various consultants to assist the City Attorney in the Lone Star rate request, Aubrey Reservoir litigation and land acquisition. 3. The Council reconvened into Public Session at 10:35 p. m. Motion was made by Nash, seconded by Mitchell to table appointing a consultant to assist in rate request of Lone Star Gas. Motion carried. Motion was made by Nash, seconded by Gay to table authorizing the City Attorney to file a motion to dismiss in the Railroad, Gas, Utility Docket- 683. Motion carried. Meeting adjourned at '10:40 p.m. MAYOR City Council April 19, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, April 19, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Mitchell, Gay, Stewart and Nash; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Nash, seconded by Stewart that the minutes of the Regular Meeting of April 5, 1977 and the Special Called Meeting of April 11, 1977 be approved. Motion carried. 2. Motion was made by Nash, seconded by Mitchell that the following four petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1295, the joint petition of North Teo~as Savings and Denton Christian Church, requesting annexation and Multi-Family (MF-1) zoning for two tracts totaling 23.15 acres located on the north side of Sanger Road (Hwy 77), adjacent to and north of the Optimist Club property. Additionally, a .5 acre portion which is located within the City limits and zoned Agricultural (A), is also requested for Multi-Family (MF-1) classification. (B) Z-1296, the petition of the Community Development Department requesting a change in zoning from Multi-Family (MF-2) to University (U) classification on property located at 2400 E. University Drive. This is the location of the Village East Apartments. (C) Z-1297, the petition of Mr. Raymond Abbott, requesting a change in zoning from Agricultural (A) to Multi-Family (MF-1) classification on property located on and adjacent to 1714 Teasley Lane. The property begins approximately 250' west of Teasley, extends approximately 650' westward, and totals an estimated 5.6 acres. (D) Z-1298, the petition of Mr. Russell Trapp, requesting a change in zoning from Single Family (SF-7) to Multi-Family (MF-1) on property located at 2118 and 2110 Bolivar Street. Motion carried. 3. Homer Reese, representing The Denton County Community Council, appeared requesting endorsement and support for centralized records for local social service agencies. He asked for the support and endorsement of the Council and stated that he was not requesting funds from the City. He suggested that one resource person from the Denton Police Department, Community Ethnic Relations Board and the Denton Housing Authority assist the Council in case of special need. Motion was made by Nash, seconded by Gay to request the Police Department, the Community Ethnic Relations Board and the Denton Housing Authority to cooperate with The Denton County Community Council. Motion carried. 4. Homer Reese requested that the City allow the Denton County Community Council, or member organization, to utilize the basement of the old post office for storage, requesting 600 to 1000 square feet. The Council concurred to evaluate this request, since other organizations had requested space there. 5. The Council considered the~app~ication of Viqar Arif for a permit to sell packaged frozen ice cream and popsicles on City streets. Motion was made by Stewart, seconded by Nash that the request be approved. Motion carried. April 19, 1977 Continued 6. Jim Carter and George Hopkins appeared before the Council requesting approval for the administration plan for the Community Development Act rehabilitation funds. Carter and Hopkins briefed the Council relative to the home improvement project and distributed packets to the Council. Carter stated that they would like City Building Inspectors to assist in the project and requested that the Council appoint a loan and grant committee for the project. Motion was made by Mitchell, seconded by Hughes to approve administration plans to initiate the first steps and approve procedures of the Community Development Act rehabilitation funds. Motion carried. 7. The Council considered the Park Board's recommendation on the awarding of a contract for the Senior Citizens Building. Dick Huck briefed the Council and introduced the architect, Norman Hatfield, who reviewed a list of possible deletions to the contract which would amount to a $2,630 savings. Motion was made by Nash, seconded by Hughes to approve the contract in the amount of $253,986.00 and that operable windows'be handled as a Change Order to the contract. Motion carried 4 to 1. 8. Mr. Loyd Stuck, Chamber of Commerce representative, appeared requesting a resolution in support of an Amtrak stop in Sanger. 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 19TH DAY OF APRIL, A.D. 1977. RESOLUTION WHEREAS, rail passenger service has served our nation faithfully; and WHEREAS, rail passenger service would provide Denton County area residents with a means of transportation throughout our nation; and WHEREAS, mass transportation will assist in coping with the energy problems of our country; and WHEREAS, Amtrak provides rail passenger service to vast portions of our nation; and WHEREAS Amtrak passing through the County of Denton but does not provide rail passenger service to our growing County; and WHEREAS, a depot is conveniently located'in,he City of Sanger, Denton County, Texas. NOW, THEREFORE, BE IT RESOLVED that the City of Denton does hereby support the initiation of a flag stop for the City of Sanger and County and pledges its full cooperation to Amtrak. PASSED AND APPROVED this the 19th day of April, A. D. 1977. /s/ ELINOR HUGHES, 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 231 April 19, 1977 Continued Motion was made by Nash, seconded by Stewart that the Resolution be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 77-18 (Denton State School) 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 201.38 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M.E.P AND P.R.R. COMPANY SURVEY, ABSTRACT NO. 950 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "nay", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 10. Jim Carter of the Denton Housing Authority made a report relative to possible construction of 120 new housing units for the elderly. No official action was taken. 11. The Council considered a proposal to make improvements to the Trade Square property. The Council was briefed by the Director of Community Development. Homer Bly, President of The First State Bank, stated that the parking lot would be open to the public. He suggested that the project be financed by user fees generated by leasing a portion of the lot to organizations such as The First State Bank and suggested means of financing. Motion was made by Mitchell, seconded by Stewart to: (A) Direct the City Attorney to investigate the legal status of the proposed financial arrangement. (B) That a study be made to determine the terms for amortizing the necessary payment certificates. (C) Direct the engineering department to prepare preliminary plans for improvement of the trade square property. Motion carried. 12. The Council considered an ordinance amending certain licensing requirements for electricians in the City of Denton, as recommended by the Electrical Code Board. Motion was made by Nash that the portion that stated that journeyman electrician examinations shall not be eligible for re-examinations until the expiration of 6 months be changed to "until the expiration of 60 days". Motion died for lack of a second. Motion was made by Mitchell, seconded by Hughes that the Ordinance be passed. On roll call vote Mitchell "aye", Stewart "nay", Nash "nay", Gay abstained and Hughes "aye". With 2 "ayes", 2 "nays" and 1 abstention, motion failed. 13. The Council considered land acquisition for the extension of Ruddell Street as proposed in the Community Development Act grant. Motion was made by Stewart, seconded by Nash that land acquisition for Ruddell Street be approved, and to approve appraiser, James Hinesly, to appraise the land. Motion carried. 14. The Council considered land acquisition for the Eastside Fire Station. The Manager pointed out that the owner of the property requested $1.50 a square foot for the property. The Manager recommended that the City begin condemnation proceedings since the land had been appraised at $7,300. Motion was made by Mitchell, seconded by Stewart to authorize the Staff to begin condemnation proceedings. Motion carried. April 19, 1977 Continued 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 19TH DAY OF APRIL, A.D. 1977. RESOLUTION WHEREAS, Farm to Market Road 428 (Sherman Drive) is partially within the City limits of the City of Denton; and WHEREAS, it is necessary to widen FM 428 and it was originally planned for the State of Texas and the City of Denton to jointly particip~te~n such construction; and WHEREAS, the State of Texas and its Highway Department does not have the funds available nor can they say with any degree of certainty when such monies will be available for the project; and WHEREAS, the City of Denton finds it necessary to improve FM 428 (Sherman Drive) now without state participation and desires the State and its Highway Department to cease maintenance on a portion of FM 428 (Sherman Drive) from its intersection with Locust Street to its intersection with Hercules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS~ That the State Highway Department and the City of Denton amend the maintenance contract for Farm to Market Road 428 (Sherman Drive) within the city limits of the City of Denton so as to eliminate State maintenance on FM 428 from its intersection with Locust Street to its intersection with Hercules. PASSED AND APPROVED this the 19th day of April, A. D. 1977. ELINOR HUGHES, 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 Mitchell, seconded by Gay that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "nay", Mitchell "aye" and Hughes "aye". Motion carried. 16. The City Manager gave a report on designating an official newspaper. Motion was made by Nash to instruct the City Attorney to designate the Denton Enterprise as the official newspaper. Nash withdrew the motion but asked that the matter be on the next Council agenda. 17. King Cole, Assistant to the City Manager, presented a report relative to the status of a proposed cable television ordinance. Cole recommended a study session and joint meeting with the Utilities Board. Council Member Nash requested that the matter be placed for bids at the proper time. Cole answered that bidding was one of the requirements. April 19, 1977 Continued 18. The following Ordinance was presented: ORDINANCE NO. 77-19 (Z-1291 Jack Bell & Charles Glasgow) 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 PART OF LOT 1, BLOCK 233-C, 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 Stewart that the Ordinance be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 19. The following Ordinance was presented: ORDINANCE NO. 77-20 (Jack 'Bell & Charles Glasgow Z-1292) 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 PART OF LOT l, BLOCK 233~C, 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 Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 20. The following Ordinance was presented: ORDINANCE NO. 77-21 (William P. Martindale Z-1293) 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 17, BLOCK 286, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 21. The following Ordinance was presented: ORDINANCE NO. 77-22 (Bill Brady Z-1290) 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 AMP APPLIES TO LOT 2.1, BLOCK 133, 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 Stewart that the Ordinance be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 22. 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 19TH DAY OF APRIL, A.D. 1977. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas desires to receive bids for the purchase of its $3,000,000 General Obligation Bonds, Series 1977, and $500,000 Water and Sewer Revenue Bonds, Series 1977; and April 17, 1977 Continued WHEREAS, First Southwest Company Dallas, Texas, has been authorized and requested to prepare a Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement containing financial, economic and other data necessary and desirable to attract bids for said bonds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the attached preliminary Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement relative to said $3,000,000 City of Denton, Texas General Obligation Bonds, Series 1977, and $500,000 Water and Sewer System Revenue Bonds, Series 1977, are hereby approved, both as to form and content, and said First Southwest Company is authorized to distribute said Notice of Bond Sale and Bidding Instructions, Official Bid Form and Official Statement to prospective bidders for, and purchasers of, the bonds. PASSED AND APPROVED this the 19th day of April, A. D. 1977. /s/ ELINOR HUGHES, 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 Nash, seconded by Stewart that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 23. BIDS: (A) #8440 Chemicals and Consultation for Treatment of Turbine Cooling Water Motionwas made by Nash, seconded by Hughes that the bid be awarded to Bay Chemical and Supply at the evaluated cost of $28,197.00. Motion carried. (B) #8456A Construction of Tennis Courts Motion was made by Stewart, seconded by Mitchell that the bid be awarded to Wells-Barnett General Contractors at a total of $217,692 (including addendum items). Motion carried. (C) #8456-B Ballfield Backstops & Park Fencing Motion was made by Mitchell, seconded by Nash that the bid be awarded to the lowest and best bidder, Recreational Design & Engineering of Dallas, for a total of $21,985.74. Motion carried. (D) #8463 Park Benches, Bleachers, Tables & Shelters Motion was made by Nash, seconded by Gay that the bid be awarded as follows: Sturdisteel Company Item I at $8,265.00 Item 2 at $1,395.00 Item 5 at $1,758.00 Item 6 at $4,600.00 Item 7 at $5,625.00 Total of $21,643.00 April 19, 1977 Continued Modlin Recreation Item 3 at $ 640.00 Item 4 at $2,616.00 Total of $3~256.00 Motion carried. (E) #8466 Sprinkler System Motion was made by Nash, seconded by Gay that the bid be awarded to Colonial Motors at $15,514.68 less 10%, for a total of $13,963:22 FOB Denton, delivery in 21 days. Motion carried. (F) #8467 Installation of Athletic Lighting Motion was made by Nash, seconded by Gay that the bid be awarded to Blackburn Electric Company, Inc. for $29,194.00, less 7%, for a total of $27,150.42. Motion carried. (G) #8468 Tractor and Mower Motion was made by Nash, seconded by Hughes that the bid be awarded to the lowest and best evaluated bid of George Implement for a total of $12,600.00. Motion carried. (H) #8465 Half-Ton Pickup Trucks Motion was made by Mitchell, seconded by Gay that the bid be awarded to Banner Chevrolet at a bid of $21,240.00. Motion carried. 24. The Council canvassed the City Council runoff election returns. The following Ordinance was presented: ORDINANCE NO. 77-23 AN ORDINANCE CANVASSING ELECTION RETURNS OF RUN-OFF ELECTION HELD APRIL 16, 1977, TO ELECT ONE COUNCILPERSON TO PLACE ONE (1). THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Cou~c~l!~ojffi~al~d determines that a run-off election was duly ordered to be he~'d in the City of Denton, Texas, on the 16th day of April, A. D. 1977, for the purpose of electing one (1) Councilperson to Place One (1) to said Council for a term of two (2) years; 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 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, their being no other receiving any votes at this election: PLACE ONE (1): Joe Mitchell 1463 votes Bill Midgett 1111 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Joe Mitchell is elected to Place One (1) for a two year term; and he received the proper number of votes to be elected, and that he is elected to said Council in accordance with law. April 19, 1977 Continued PASSED AND APPROVED this the 19th day of April, A. D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 25. The City Secretary administered the Oath of Office to Joe Mitchell, elected to the Council on April 16, 1977. 26. The City Secretary took the chair to re-organize the Council. (A) Motion was made by Mitchell, seconded by Gay that Elinor Hughes be elected Mayor of the City of Denton. Motion carried with Mitchell, Gay and Hughes voting "yes", Nash "no" and Stewart abstaining. (B) Motion was made by Gay, seconded by Hughes that Joe Mitchell be elected Mayor Pro Tem. Motion carried with Mitchell, Gay and Hughes voting "yes", Nash "no" and Stewart abstaining. 27. The Council adjourned into Executive Session at 10:10 p.m. to discuss land acquisition, personnel and consult with the City Attorney on Lone Star litigation. 28. The Council reconvened into Public Session at 11;10 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:14 p.m. MAYOR City Council May 3, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, May 3, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Gay that the minutes of the Regular meeting of April 19, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held to consider the petition of Mr. Edwin L. Owens, requesting annexation of a .453 acre tract in the Ranch Estates development in the City of Denton. After hearing no proponents and none in opposition and a report from the Director of Community Development, motion was made by Mitchell, seconded by Nash that the petition be approved. Motion carried. 3. Sherrill Snider, Director of the Denton County Home Health Service, appeared to report the progress and money spent since its inception. Ms. Snider advised that the Home Health Service staff had made 129 visits to a total of 22 patients last month. · She added that a $50,000 grant had been received frQm HEW. She also advised that they had a. staff of 10 .. qualified people. The Mayor congratulated Ms. Snider and her staff. 4. The Mayor presented safe driving awards from the Texas Safety Association Award Program. Eight departments received awards, 11 employees were presented an award for 10 or more years of continuous accident-free driving and 1 employee received an award for 5 to 9 years of continuous accident-free driving. Wallet size certificates were awarded from 1 to 4 years of continuous accident-free driving. The Mayor advised that Denton is one of two cities in the State that received an award for the entire City. She congratulated John Maxwell, Safety Director, and Defensive Driving Instructors, T. E. Uland, Harvey Johnston and John Maxwell who have taught 1,251 students in the classes. 5. Jim Carter, Director of The Denton Housing Authority appeared relative to Section 8, new construction for the elderly. Carter made the following statements: (A) DHA has decided to apply for HUD funds. (B) DHA does not want to over build. tC) DHA has retained a developer who will oversee the project. D) DHA has 2 sites that are wooded to choose from for housing locations. (E) There will be several size and types of housing units involved. (F) Action must be taken by May 26, 1977. 6. The Director of Community Development gave a brief report on the five- year Capital Improvement Program as recommended by the Planning and Zoning Commission. He distributed booklets to the Council Members. He stated that the Planning and Zoning Commission received assistance from various Boards, Commissions and citizens groups, and added that the Planning and Zoning Commission suggested that the Council hold a public hearing on the proposed Capital Improve- ment Program. The Council concurred to hold a public hearing at the June 7th meeting. May 3, 1977 Continued 7. The Director of Community Development reviewed evaluation of asphalt pavement low bid and concrete pavement low bid for Sherman Drive. He advised that a contract must be awarded by May 31, adding that the contract could not be awarded at this meeting, since bonds have not been sold. A preference vote was suggested since a contract could not be awarded. Motion was made by Gay, seconded by Nash to decide as a preference the lowest bid, the bid of Jagoe Public Company for asphalt pavement, and for the Staff to prepare a contract for the low bidder at the May 17 meeting. Motion carried. 8. The Council considered the request of Mr. Charles Kregel to purchase surplus public property at the intersection of Sycamore Street and Carroll Boulevard. The Director of Community Development briefed the Council, stating that the Planning & Zoning Commission approved the sale with the stipulation that there would be no driveway exit to Carroll Boulevard. Stewart stated that he was opposed to selling cheaper than we buy. Motion was made by Nash, seconded by Mitchell to approve negotiating with the prospective buyer. Motion carried. 9. Z-1295, the petition of Denton Christian Church, North Texas Savings and the Optimist Club, requesting annexation and permanent zoning of 26.5 acres located northof Sanger Road (Multi-Family (MF-R) zoning is requested for 10.38 acres and Agricultural (A) zoning is requested for 16.12 acres Additionally,.~ the petitioners seek a zoning change from Agricultural (A) to Multi Family (MF R) classification on a .5 acre tract located within the City.) was considered by the Council. The Director of Community Development briefed the Council relative to annexation procedures. Motion was made by Gay, seconded by Nash to direct the Staff to prepare the necessary documents for a public hearing to be held on June 7, 1977. Motion carried. 10. The Council considered the recommendations of the Public Utilities Board to advertise for bids on the following: (A) Improvements at sewage lift station on Mayhill Road. Motion was made by Mitchell, seconded by Gay to advertise for bids for improvements at the sewage lift station on Mayhill Road. Motion carried. (B) interceptor sewer line on Cordell Street to relieve overloaded conditions in the area. Following a briefing by Jack Owen, Assistant Manager, advising the Council that She job would cost an estimated $15,000 and requesting permission to advertise for bids, motion was made by Mitchell, seconded by Nash to authorize the Staff to advertise for bids for interceptor sewer line on Cordell Street to relieve overloaded conditions in the area. Motion carried. 11. The following Ordinance was presented; ORDINANCE NO. 77-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS~ AMENDING SECTION 25-8 OF ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES PROHIBITING CERTAIN CONDUCT AFFECTING ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES, ELECTRICAL CONDUCTOR, WATER METERS AND WATER DISTRIBUTION MAINS AND LINES OWNED BY SAID CITY, AND HAZARDOUS TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE SUBSCRIBERS TO THE ELECTRIC AND WATER SERVICES OF SAID CITY AS WELL AS TO THE PUBLIC GENERALLY; PROVIDING DEFINITIONS AND EVIDENTIARY PRESUMPTIONS; PROVIDING FOR A PENALTY THEREFOR; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordinance be passed. ~n roll call vote Stewart '.'axe", Gay "aye", Nash "aye" Mitchell "aye" and ughes"aye". Motion carrie~. ' May 3, 1977 Continued 12. The Council considered a Resolution designating the official newspaper of the City of Denton. Mayor Pro Tem Mitchell stated that the City needed the newspaper with the largest circulation. Nash stated that by utilizing The Denton Enterprise the City would save $2,500. Motion was made by Mitchell, seconded by Gay to pass the following Resolution, designating the Denton Record Chronicle as the official newspaper: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF MAY, A.D. 1977. RESOLUTION WHEREAS, Section 14.03 of the City Charter of the City of Denton requires the City Council to annually select and~designate the official newspaper of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Denton Record-Chronicle is hereby designated as the official newspaper for the City of Denton, Texas. PASSED AND APPROVED this the 3rd day of May, A.D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS : On roll call vote Stewart "aye", Gay "aye", Nash "nay", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 13. BIDS: (A) #8469 Capacitors Motion was made by Stewart, seconded by Nash that the bid be awarded to Wesco of Fort Worth as follows: Item lA 4 at $2,470.00 ea $ 9,880.00 Item 2A 9 at $ 287.00 ea. $ 2,583.00 $12,463.00 Motion carried. (B) #8470 Parking Lots & Drives for Recreation Areas Motion was made by Nash, seconded by Hughes to award items 1 and 2, as follows, to Claude Smith, low bidder, and to postpone item 3, as follows, until the next regular meeting: May 3, 1977 Continued Park Bond Fund Item #1-Parking Lot A. Mack Park North $31,955.60 ~. Mack Park South 15,017.40 C. Denia Park 11,809.25 D. North Lake North 30,776.15 $89,558.40 Item #2-Windsor Drive For Bonnie Brae to Parking Lots $52,944.20 Street Bond Fund Committed Item #3-Windsor Drive (POSTPONED) From Facilities Parking Lot to Hinkle Drive $69,685.65 Motion carried. (C) #8474 Two Street Borings Under East McKinney Street Motion was made by Stewart, seconded by Nash that the bid be awarded to Municipal Service, Inc. as follows: Item 1 88 ft. bore for a 15" galvanized pipe installed for a 6" water line at $15.65 per foot for a total of $1,377.20. Item 2 85 ft. bore for a 21" galvanized pipe installed for a 12" sewer line at $23.40 per foot for a total of $1,989.00. Total cost--$3,366.20 Motion carried. 14. Motion was made by Nash, seconded by Mitchell that Purchase Order #32409 for repair of the 12G Fiat-Allis track loader at the landfill be approved in the amount of $4,741.37 from Tully Machinery Repairs. Motion carried. 15. The Council considered the Tax Adjustment Report for April~ 1977 Several questions arose from Council Members as to the number of persons unable to locate. Motion was made by Stewart, seconded by Mitchell to table the matter until the next regular Council meeting. Motion carried. 16. City Manager Jim White, advised the Council that he was submitting his resignation as City Manager effective July 1, 1977 to enter private business. He stated that he felt grateful for an opportunity to work with the Council and was resigning with a lot of regret, adding that he wanted the opportunity to be with his family more frequently. He also stated that Denton has a tremendous future and that he had confidence in its leadership and was willing to place his future in Denton. He concluded that the job had been challenging, and he wanted to make the transition as smooth as possible, and also highly praised the City Staff. 17. The Council adjourned into Executive Session at 8:45 p.m. to consult with the City Attorney on Lone Star Gas and Aubrey Reservoir and discuss personnel. 18. In public session motion was made by Mitchell, seconded by Stewart that Ernie Tullos be named Board Member of TMPA. Motion carried. . MAYOR City Council May 17, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, May 17, 1977 at 7:00 in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Hughes and City Manager Jim White. 1. Motion was made by Stewart, seconded by Nash that the minutes of the regular meeting of May 3, 1977 be approved. Motion carried. 2. Bids were opened on $3,000,000 General Obligation Bonds, Series 1977 and $500,000 Water and Sewer System Revenue Bonds, Series 1977. Representatives of the First Southwest Company were present and retired from the Council Chambers to tabulate bids. 3. REFERRALS: Motion was made by Stewart, seconded by Nash that the following three petitions be referred to the Planning and Zoning Commissio~ for its recommendations: (A) Z-1299, the petition of Mr. Delmar L. Lewis, requesting a change in zoning from Single-Family (SF-7) to Multi-Family (MF-R) on property located at 1906, 1912, and 1916 Bernard Street. This area comprises approximately .7 a c res. (B) Z-1300, the petition of Mr. John Morrison, requesting a change in zoning from Single Family (SF-7) to Multi-Family MF-1) on property located at 920 Willowwood, an area comprising approximately .22 acres. (C) S-130, the petition of Mr. Donald Van Vuren and Denton West, Inc., requesting a specific use permit to operate a mobile home park on 55.092 acres zoned Agricultural (A). The mobile home park is located at the intersection of FM 2181 (Teasley Lane) and Ryan Road. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1297, the petition of Mr. Raymond Abbott, requesting that a 5.6 acre tract located at 1714 Teasley Lane be rezoned from Agricultural (A) to Multi-Family (MF-1) After hearing 1 speak in favor and none in opposition and a report from the Director of Community Development stating that 5 letters were mailed with 1 yes and none in opposition, motion was made by Gay, seconded by Stewart that the petition be approved. Motion carried with Nash abstaining. (B) A public hearing was held on Z-1298, the petition of Mr. Russell Trapp, requesting a change in zoning from Single Family (SF-.7) to Multi-Family (MF-R) on property located at 2118 and 2110 Bolivar Street. This area comprises approximately .6 acres. After hearing 1 proponent and none in opposition and a report from the Director of Community Development stating that 25 letters were mailed with 6 in favor and none in opposition, motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. (C) A public hearing was held on Z-1296, the petition of the Community Development Department, requesting a change in zoning on a tract located at 2400 E. University Drive from Multi-Family (MF-1) to University (U) classifi- cation. This is the location of the Village East Apartments. May 17, 1977 Continued After hearing 1 proponent and none in opposition and a report from the Director of Community Development stating that 10 letters were mailed with 2 in favor and none in opposition, motion was made by Nash, seconded by Stewart that the petition be approved. Motion carried. There follows a letter from the owner of the property: REPLY I am in favor of the change requested in Case No. Z-1296, which is described in the previous notice to me. If you have any comments, please write them on the reverse side of this form. If you desire to officially protest this change, please have your signature duly acknowledged before a Notary Public. Otherwise, you need only sign your name, give your mailing address, and return this to the City Planner's Office. SIGNATURE /s/ William J. Miller ADDRESS Box 118, Muenster, Texas 76252 PHONE NO. 759-2955 (D) A public hearing was held to consider removing the Multi-Family (MF-2) classification from the Zoning Ordinance and renaming the University (U) classification. After hearing 1 proponent and none in opposition and a briefing by the Director of Community Development, motion was made by Stewart, seconded by Nash that the request be approved. Motion carried. (E) A public hearing was held to consider the use of Anti-recession Fiscal Assistance Funds in the approximate amount of $6,138.59. No one was present to speak relative to the matter. (See item 16) 5. The Council considered authorizing the City Tax Assessor-Collector to raise the assessment ratio from 40% to 60% on the City's tax rolls. It was pointed out that Council Members had indicated earlier the necessity for a change in assessment ratio from 40% to 60%. Motion was made by Nash that the City retain the 40% ratio. Motion died for lack of a second. Motion was made by Gay, seconded by Stewart to raise the assessment ratio from 40% to 60% with the tax rate adjusted down accordingly. Motion carried 3 to 1. 6. The Council considered a contract with Shimek, Jacobs and Finklea, Consulting Engineers, to prepare the plans and specifications for improvements to the Denton Municipal Airport. King Cole, Assistant To The City Manager, explained to the Council that the proposed improvements are to extend the runway 850' to the north and relocate FM 1515. Cole further explained that the plans and specifications phase of this contract would cost $31,555.00 and that when the FAA approved the runway extension as a project the City would be refunded 90% of the engineering costs. Motion was made by Stewart, seconded by Gay to authorize the Mayor to sign the contract with Shimek, Jacobs and Finklea. Motion carried. 7. The Council considered a grant from the Federal Aviation Administration for $120,000 to relocate FM 1515, clearing of adjacent property and adjustment of existing power lines. Kin§ Cole Assistant To The City Manager, explained that this was a total project of $1~3,333 with the City providing $13,333 and the FAA providing $120,000. Jack Owen, Assistant City Manager, explained that this money was not budgeted. The Council directed Owen to look for a source for the City's share of this grant. Motion was made by Stewart, seconded by Nash to accept grant fro~ FAA and to authorize the Mayor to sign the required documents. Motion carriea. May 17, 1977 Continued 8. The Council considered employing a consultant for the electric system study. Jack Owen, Assistant City Manager, stated that the Utilities Board recommended to the Council that the City Attorney be instructed to consult with the City's Fiscal Agent, its Bond Attorney, TMPA's Bond Attorney and auditors, and to prepare a contract to employ the firm of Gilbert and Associates to make a study of the electric system. Motion was made by Nash, seconded by Gay to hire Gilbert and Associates at a cost of $37,500. 2 voted "aye", 1 "nay" and 1 abstained. Motion failed. Motion was made by Mitchell, seconded by Nash to follow the recommendations of the Utilities Board, but not include evaluation of the electric system, and to consider this as an urgent matter. Motion carried. 9. The Council reviewed preliminary building plans for the Eastside Fire Station. Gerald Stone, Architect for the Eastside Fire Station, gave a detailed report of the project up to date and asked to be on the agenda 1 month from this meeting to make his Phase III report. -, Motion was made by Nash, seconded by Stewart to instruct the Architect to proceed with Phase III and to check with the Denton Fire Chief relative to radiant heating in the Engine Room. Motion carried. 10. The Council reviewed the land appraisal for the Ruddell Street paving extension and considered authorizing the City Manager to negotiate for purchase of the property. __ The Director of Community Development briefed the Council, stating that this property purchase was part of the grant that funds the new fire station. He added that the licensed appraiser appraised the land at $1,850. The land comprises 40' from a building site of 140' at 1321 Wilson Street. Motion was made by Nash, seconded by Stewart to accept the appraisal of $1,850 and to offer this amount to the owner of the property. Motion carried. 11. The Council considered the request of Mr. Edwin L. Owens to annex approximately 0.453 acres of land lying north of Ranch Estates (public hearing was held on May 3, 1977). Motion was made by Nash, seconded by Gay to proceed with annexation process. Motion carried. 12. The Council considered approving the final application for the Community Development Block grant to be submitted to HUD. Following a briefing by the Director of Community Development, motion was made by Nash, seconded by Gay to approve the final application for the Community Development Block grant to be submitted to HUD. Motion carried. 13. The Council received copies of the 1976 Uniform Building Code, with supplement, from the Director of Community Development. Motion was made by Stewart, seconded by Nash that a public hearing be set for June 21, 1977 to consider adoption of the Code. Motion carried. 14. Representatives. of The First Southwest Company stated that The First National Bank of Dallas was the low bidder on the General Obligation Bonds with an effective interest rate of 4.9611%. The following Ordinance was presented: ORDINANCE NO. 77-25 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 OF GENERAL OBLIGATION BONDS 244 May 17, 1977 Continued Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye" and Mitchell "aye". Motion carried. 15. Representatives of The First Southwest Company advised that Underwood Neuhaus was the low bidder on the Water and Sewer System Revenue Bonds with an effective interest rate of 5.034899%. The following Ordinance was presented: ORDINANCE NO. 77-26 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $500,000 OF WATER AND SEWER SYSTEM REVENUE BONDS. Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye" and Mitchell "aye". Motion carried. 16. The Council considered the allocation of Anti-recession Fiscal Assistance Funds in the approximate amount of $6,138.59. Motion was made by Nash, seconded by Stewart that the funds be used to assist in paying the wages of Park Department employee and/or employees. Motion carried. 17. The Council received a report on solid waste and considered employing a consultant to determine the time left on the existing solid waste site. Assistant City Manager Jack Owen reported that the present site might be useable 18 months from the present time and that an 8 month minimum would be required to construct a new site. Councilman Nash requested that the Council be briefed monthly on the progress of all City projects. 18. The Council reviewed the paving bids for the improvement of Sherman Drive, and consider designating the lowest bidder and sign the contracts and bonds for the project. Motion was made by Nash, seconded by Gay to award the paving of Sherman Drive to Jagoe Public Company at a bid of $1,321,970.20. Motion carried. 19. The Council reviewed the street barricades on Sherman Drive paving project and considered awarding a contract to the best bidder. Motion was made by Stewart, seconded by Nash that the bid be awarded to Dallas Lite and Barricade at an estimated price of $17,392.50. Motion carried. 20. BIDS: (A) #8479 Water Meters Motion was made by Stewart, seconded by Gay that the bid be awarded as follows: Item 1 5/8" × 3/4" meters--to Hersey Meter Company at $29.81 each. Item 2 1" meters--to Gamon-Calmet at $58.35. Item 3 1 1/2" meters--to Neptune Mfg. at $118.91 each. Item 4 2" meters--to Neptune Mfg. at $189.50 each. Item 5, 6 & 7 3", 4" and 6" compound meters--to Hersey Meter Company for the three sizes of compound meters in the amount of $684.00 for the 3" meters, $1,048.00 for the 4" meters and $2,100.00 for the 6" meters. Item 8 2" Fire Hydrant Meters--to Badger Meter Company at $318.75 each. Motion carried. May 17, 1977 Continued (B) #8475 Poles and Fixtures Motion was made by Mitchell, seconded by Nash that the bid be awarded as follows: Item 1--14fixtures with lamps @$190.15 each to Temple, Inc. for a total of $2,662.10 Item 2--6 40ft. metal poles @$366.00 each to Cummins Supply for a total of $2,196.00 Motion carried. (C) #8480 Selective Vegetation Control Motion was made by Nash, seconded by Stewart that the bid be awarded to Jim Neal Company, low bidder, in the amount of $50.00 per acre for each application, with second application only where needed. Total cost not to exceed $9,000. Motion carried. (D) #8482 Wire and Cable Motion was made by Stewart, seconded by Nash that the bid be awarded to Temple, Inc. at a total bid price of $18,459.10, FOB Denton, stock delivery on items 1 through 5, 8 to 10 weeks on item 6. Motion carried. (E) #8464B Side Loading Packer Body Motion was made by Nash, seconded by Gay that the bid be awarded to EMCO of Plainview, Texas in the amount of $13,750.00 each for a total of $27,500.00. Motion carried. (F) #8470 Paving Windsor Drive from Parking Lots to Hinkle Drive M~~d~econded by Stewart that the bid be awarded to Claude Smith, ~ low bidder in the amount of $69,685.65. Motion carried. 21. Motion was made by Nash, seconded by Gay that the Tax Adjustment Report for April, 1977 in the amount of $7,722.92 be approved. Motion carried. 22. The Council adjourned into Executive Session at 9:35 p.m. to discuss personnel and land acquisition. 23. The Council reconvened into Public Session at 10:00 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:03 p.m. MAYOR City Council May 24, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, May 24, 1977 at 3:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Nash and Gay; Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Present other than Council and Staff Members were representatives of North Texas State University, First Denton County National Bank, Texas Woman's University, University State Bank and The Western Bank of Denton,and First State Bank. 1. The Council considered the City of Denton's participation in a Federally Insured Student Loan Program. Mr. Rushing of Hatcher and Company of Dallas explained the organization, the funding and other aspects of the loan program. Mr. Rushing stated that the City would have to approve the program by resolution and the County Commissioners should pass a resolution to approve the program in Denton County, and City nor County would have financial obligation. Questions were raised and answers given by Mr. Rushing, but no official action was taken by the Council. Meeting adjourned at 5:15 p.m. MAYOR CITY S~ECRETARY City Council May 25, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Wednesday, May 25, 1977 at 12:00 noon in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Jim White, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Annual Retreat was continued with reports on the Airport, Personnel, City Secretary, Boards, Commissions and City Studies and Publications. 2. Individual members of the Council made the following responses: Hughes--I would like to see us develop a 5 year fiscal plan for expenditures. We should utilize Ad Hoc Committees and have more study sessions. Ad Hoc Committees would be beneficial to the Council for citizen input. I do feel that we need every other week study sessions, and only itmes that require action would be considered at these study sessions. I feel that the Council needs to deal with the following: Capital Improvements review recommendations from auditors, the Comprehensive Plan, Loop 288, Downtown area, sale of excess property (old Post Office Building, etc.), check into water supply other than Aubrey, Animal Control, Bond Issue, Airport improvements and a recycling process. Also we need a Human Services planned program and amendments to the Building Code. Nash--I feel that the Council's time is taken up with too many minor things. W~-~-ould give more authority to some of the Staff and Boards, then if a citizen does not agree with the decision of the Staff or Board, allow them to appeal to the Council. We should do more work on Capital Improvements-- street maintenance, wa~er line main~nance, etc. We could increase taxes or put street im~l?~?m~.n~s~in~~k~provements. Asked that Staff give estimated ¢o.s~?'o¥~a~.~e~m~ We have not followed through on sewer program. We need~6 be public relations people--I feel it would be good to have someone to greet people when they visit City Hall with questions. Mitchell--We are not doing enough long range planning--we need more orderly planning. I feel that our number one concern is street maintenance. I like the idea of the consent agenda. I feel we should be more public relations minded--use common courtesy. We need to encourage economy. Stewart--I am not as yet very well informed on some of the activities that are going on. I am very pleased with the cooperation of the Staff and would like to see this continue. We need to keep personnel informed. I feel we need to work on a Charter Revision Committee. We need to expand the Council, and have longer Council terms. I feel that we either need more Council meetings or study sessions. Matters should be streamlined so the Council does not have to consider so many items. I think we should improve our tax base. We need to be cautious in accepting Federal programs. I feel it would be better to go into a program where the Federal Government has complete involvement. The Council should act as a Board of Directors, and each Department Head should be in charge of his own department. As far as the garbage situation is concerned, I feel we should either burn or reclaim it. I am concerned with the cost of the studies we have so often. We need to build into our organization a group who could research these matters. We need to work constantly on public relations. Gas--Our new Manager must be an efficient one. Ask that Staff make a monthly report on each department. I like the idea of citizen committee recommendations. We need to work toward meeting the desires of the citizen. Priorities--new City Manager, streets and sewer. I would like to see a "clean up" week in Denton--all dilapidated signs should be removed. I feel that zoning matters take excessive time. I like the idea of a consent agenda. We need to study the Charter to determine if we need revisions. Hughes--We need to be concerned with the balance of what the citizens want and what the City can afford. May 25, 1977 Continued Jack Owen--We will be glad to arrange tours of City facilities for the Council. Problems are what we deal in and the retreats are to help you be aware of the problems and to assist finding solutions. Isham--Relative to Citizens Committees, we need to be careful not to get bogged~ with committee work. Staff members have to meet with committees and this can be burdensome. The Staff is put in a position of having Council Members come to them, and the Staff feels pressure. 3. The Council considered priorities for the 1977-78 Budget in compliance with Section 8,03 of the City of Denton Charter, (A) Landfill front end money. (B) Implement funding for Capital Improvement Plan 1977-78 as approved. (C) Street repair and rehabilit6tion. (D) Manning of the Eastside Fire Station and cost for equipment. (E) Cost of living raise for employees. (F) School Guards--City to pay 75% of cost this year and 50% next year. (G) Sell Old Post Office Building. (H) Study use of vehicles. (I) Long range water supply. (J) Planning funds only~for downtown improvements. (K! Review of all City insurance. ([~ Problems with Animal Control Center. No official action was taken, Meeting adjourned at 7:20 p.m. MAYOR ~'TV/SECRETARY City Council June l, 1977 Special Called Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Wednesday, June 1, 1977 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Stewart ~; City Manager Jim White, Assistant City Manager Jack Owen and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Ramey, Davis and Shelton ABSENT: Utilities Board: Munson 1. The City Manager advised the Council and Utiliites Board that the Grote law suit had been settled in the amount of $150,000~ adding that the Court had ruled that $4,000,000 damages asked was null and void and the $3,000,000 asked by Grote had been dismissed by the Court. 2. The long range water study was considered. Mr. Bob Gooch of Freese & Nichols reviewed the long range water plan relative to purchase of water from Dallas from Garza Little Elm, the problem of Aubrey Reservoir and the estimate of future requirements by Denton. He added that the City should investigate the proposed Bois D'Arc Lake near Bonham as an alternative supply. The problem was discussed at length with such questions as how long before Bois D~Arc would be completed, possibility of continuing purchasing water from Dallas, legal aspects, funding, etc. No official action was taken. 3. A study session was held on the proposed water and sewer rates. Jack Owen, Assistant City ~anager, briefed the Council and Utilities Board and provided exhibits, rate comparisons and other statistical information. He added that the matter would be on the June 7, 1977 agenda in the form of an ordinance. 4. The Council discussed the proposed cable television ordinance. King Cole, Assistant To The City Manager, briefed the Council and recommended the Ordinance to the Council. Utilities Board Member Shelton stated that this should be a model ordinance for the nation. All Utilities Board Members concurred on the ordinance and recommended it to the Council. 5. The Council adjourned into Executive Session at 6:30 p.m. to make Board appointments. 6. The Council reconvened into Public Session at 6:45 p.m. Motion was made by Gay, seconded by Mitchell to appoint D. Walston and Ed Moorhead to the Airport Advisory Board. Motion carried. Meeting adjourned at 6:50 p.m. MAYOR 250 City Council June 7, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, June 7, 1977 at 7:00 p.m~in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager Jim White, Assistant City Manager Jack Owen, Assistant _ City Attorney Jim Blanton and City Secretary Brooks Holt. ABSENT: City Attorney Paul Isham. 1. Motion was made by Stewart, seconded by Nash that the minutes of the Regular Meeting of May 17, 1977 and the Special Called Meetings of May 24, May 25 and June 1, 1977 be approved. Motion carried. 2. REFERRALS: Motion was made by Gay, seconded by Nash that the following 3 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1301, the petition of Mr. Jack M. Bowden, requesting a change in zoning from Single Family (SF-7) and Parking (P) to General Retail (GR) classification on property located adjacent to Jessie's Beauty School at 407 Sunset. (B) Z-1302, the petition of Mr. Joe Barns and Mr. Fred Harper, requesting a change in zoning from Multi-Family (MF-1) to General Retail (GR) classification on property located at the northeast corner of W. Hickory and Avenue G. (C) Z-1303, the petition of Mr. C. A. Ginnings, requesting annexation and Single Family (SF-7) zoning for approximately twelve acres located adjacent to the City limits, northeast of the i~tersection of Stuart Road and Hercules Lane. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1300, the petition of Mr. John Morrison, requesting a change in zoning from Single Family (SF-7) to Multi-Family (MF-1) on .22 acres located at 920 Willowwood. This lot is located on the north side of Willowwood near its intersection with Leslie Drive. After hearing 1 proponent and none in opposition and a report from the Director of Community Development that 15 letters were mailed with 6 in favor and 2 in opposition, motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried. (B) A public hearing was held on Z-1295, the joint petition of Denton Christian Church, the Noon Optimist Club, and North Texas Savings, requesting annexation and permanent zoning on 27.01 acres located on the north side of Sanger Road (Hwy. 77), just east of Denton North Apartments. Approximately 10.50 acres is requested for Multi-Family (MF-R) classification and 16.51 acres is requested for Agricultural (A) classification. Additionally, an adjacent .5 acre tract which is located within the City limits and currently zoned Agricultural (A) is requested for Multi-Family (MF-R) classification. After hearing 1 proponent and none in opposition and a report from the Director of Community Development that 9 letters were mailed with 2 in favor and none in opposition, motion was made by Stewart, seconded by Mitchell to approve the change on the .5 acre tract in the City limits from Agricultural (A) to Multi-Family (MF-R) classification and to direct the City Attorney to prepare an appropriate ordinance. Motion carried. The public hearing was closed on the remainder of the property for annexation and permanent zoning with action to be taken at the next regular meeting. June 7, 1977 Continued (C) A public hearing was held to consider recommendations from the Planning and Zoning Commission pertaining to adoption and implementation of the 1977-1981 Capital Improvement Program for the City of Denton. The Mayor opened the public hearing and 6 citizens spoke in opposition to South Loop 288 being constructed at its proposed location on Hobson Lane--all requesting if the Loop is built that it be moved to Ryan Road. One spoke relative to widening Bell Avenue from University Drive to Sherman Drive~ and one relative to traffic problems on Bell at TWU. One citizen spoke relative to expansion of the Library, but several indicated their concern by standing. Dr. C. C. Nolen, President of NTSU, spoke relative to widening and extending Avenue E and Bonnie Brae and improvements on Eagle Drive. He also requested widening of Eagle Drive from Avenue C to 1-35. He also spoke relative to widening Welch Street and adding Bernard Street to the program. Three citizens spoke concerning the conditions at the Animal Control Shelter. One spoke against the widening of Bell Avenue from University to Sherman because trees would be destroyed. Bill Utter of the Chamber of Commerce requested that the 5 year program be adopted. A representative of the Denton Historical Society asked that the historical houses be preserved and that widening of Welch and/or Bernard could destroy some historical homes. The Mayor advised that the Council would hold study sessions on the Capital Improvements Program. The public hearing was closed with no official action taken. 4. Gene Gamble of the Kiwanis Club appeared relative to the annual 4th of July fireworks presentation. Motion was made by Gay, seconded by Mitchell to approve the request of the Denton Kiwanis Club to hold a 4th of July fireworks presentation. Motion carried. 5. The Council considered the request to sell food by churches and other community organizations at the June 18th and 19th celebration at Fred Moore Park. Motion was made by Nash, seconded by Gay to give permission to churches and other organizations to sell food at the June 18th and 19th celebration at Fred Moore Park. Motion carried. 6. Fred Patterson appeared before the Council concerning the Chamber of Commerce's beautification program for the City of Denton. He stated that the Chamber of Commerce Appearance Committee planned to promote planting of red bud trees in cooperation with the Parks and Recreation Department, adding that 84 red bud trees would be donated for Carroll Boulevard. He suggested a yard of the month award and a City wide clean up program. The Mayor, in behalf of the Council, thanked Mr. Patterson, and the Council concurred to cooperate in the program. June 7, 1977 Continued 7. The Council considered the request of Hossein Safdarian for a permit to sell packaged ice cream on City streets. Motion was made by Mitchell, seconded by Nash that the request be approved. Motion carried. 8. The Council considered a petition requesting water service for the Audra Lane Addition. Vickie Williamson spoke in favor and stated that 19 names were on the petition. Assistant City Manager Jack Owen recommended that the request be approved. Motion was made by Nash, seconded by Stewart that the request for water service for Audra Lane Addition be approved. Motion carried with 4 "ayes". Mitchell abstained. 9. 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 7TH DAY OF JUNE, A.D. 1977. RESOLUTION WHEREAS, the City of Denton has received Community Development Block Grant Funds for Rehabilitation of Low Income Housing in the amount of $22,000.00 and WHEREAS, the City of Denton may receive an additional $90,000.00 in Block Grant Funds for Rehabilitation of Low Income Housing after October 1, 1977; and WHEREAS, at a meeting of the City Council on April 17, 1977, the Council approved the guidelines developed by the Denton Housing Authority for the rehabilitation of owner-occupied homes; and WHEREAS, the City of Denton desires that the Denton Housing Authority administer and disperse the Community Development Block Grant Funds received by the City of Denton; and WHEREAS, the City of Denton will also receive $25,000.00 as an administration fee for the Funds, and the City desires to split this fee with the Denton Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Denton Housing Authority be appointed the adminstrator of the $112,000.00 ($22,000.00 for fiscal year 1976-77 and $90,000.00 for the fiscal year 1977-78) Community Development Block Grant Funds for Rehabilitation of Low Income Housing received by the City of Denton and that the Denton Housing Authority receive a portion of the administration fee funds received by the City of Denton subject to final negotiations for administering the Block Grant Funds for the Rehabilitation of Low Income Housing. PASSED AND APPROVED this the 7th day of June, A.D. 1977. /s/ ELINOR HUGHES, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY Motion was made by Mitchell, seconded by Stewart that the Resolution be passed with amendments. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. June 7, 1977 Continued 10. The Council considered the position of the City of Denton on the disposition of the Dreamland Apartment Complex. Jim Carter of The Denton Housing Authority stated that: {A} Dreamland is a blight in our community. {B} There is a need for housing in the community. {C) There is also a need for housing for medium and large low income families. He stated that the following alternatives were open for consideration by the Council: {A} That the City purchase Dreamland and contract its management with either ¥olunteers of America or the Denton Housing Authority. {B} That the City purchase Dreamland and raze the buildings for other use of the land. {C} That the Denton Housing Authority purchase Dreamland under a non-profit corporation and contract for management with Volunteers of America. (D) That the City and the Denton Housing Authority support an application by Volunteers of America to purchase Dreamland directly from HUD. (E) That the City Council and the Denton Housing Authority request that HUD tear down the apartments and remove the blight from the community. (F) That the Denton Housing Authority pursue HUD with the intent of building housing for low income families. Councilman Nash stated that he was against the City going into the housing business. No official action was taken. 11. The Council received recommendations from the Planning and Zoning Commission concerning the request of the Uvalde Construction Company for a temporary construction site permit. Following a briefing by the Director of Community Development, stating that the Planning and Zoning Commission had reviewed and approved the request of Uvalde Construction Company, motion was made by Nash, seconded by Gay to approve the request of Uvalde Construction Company for a temporary construction site permit. Motion carried. 12. The Council considered the request of Louenge Markham to purchase surplus property adjacent to Carroll Boulevard. The City Manager stated that the City must take a look at all aspects involved before selling of any~,public property. Motion was made by Mitchell, seconded by Hughes to request that the City Manager and City Attorney pursue the matter and then report their findings to the Council. Motion carried. 13. The Council considered amending the Sherman Drive paving project to include the reconstruction of a portion of North Bell Avenue. Following a briefing by the Director of Community Development recommending that a portion of North Bell Avenue be improved from Sherman Drive to Peach Street, motion was made by Nash, seconded by Gay to approve amending the Sherman Drive paving project to 'include reconstruction of Bell Avenue from Sherman Drive to Peach Street. Motion carried. June 7, 1977 Continued 14. Norman Hatfield, Architect, reviewed the floor plans of the two proposed recreation centers. He presented a preliminary construction cost estimate stating that the project totals were as follows: North Lakes Recreation Center $347,580.00 Denia Park Recreation Center $332.981.00 TOTAL $680,561.00 No official action was taken. 15. The following Ordinance was presented: ORDINANCE NO. 77-27 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING NEW SERVICE RATE CHARGES FOR WATER AND SEWER SERVICE; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "nay", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to i. 16. The Council considered final payment to Power Builders, Inc. for construction of a fuel oil storage tank. Motion was made by Nash, seconded by Mitchell to approve final payment to Power Builders, Inc. in the amount of $3,673.48. Motion carried. 17. 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 7TH DAY OF JUNE, A.D. 1977. RESOLUTION WHEREAS, Article VIII, Section 1-b of the Texas Constitution provides that political subdivisions of the State may exempt from ad valorem taxes, not less than Three Thousand Dollars ($3,000.00) of the assessed taxable value of resident homesteads of persons sixty-five (65) years of age or older; and WHEREAS, by Resolution dated January 16, 1973, the City Council approved an exemption of Three Thousand Dollars ($3,000.00); and WHEREAS, the City Council of the City of Denton raised the percentage used to determine the assessed taxable value of residential property in the City of Denton and the City Council desires to prevent taxes paid by the elderly from rising. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That pursuant to Article VIII, section l-b, of the Texas Constitution, the exemption for resident homesteads is raised from Three Thousand Dollars ($3,000.00) to Four Thousand Five Hundred Dollars ($4,500.00) of the assessed taxable value of resident homesteads of persons of sixty-five (65) years of age or older, and such value shall be exempt from City Ad Valorem Taxes when taxes are levied for the year 1977, and all subsequent levies. That this Resolution shall be effective immediately after its passage. PASSED AND APPROVED this the 7th day of June, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS June 7, 1977 Continued 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 Stewart, seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 18. The following Ordinance was presented: ORDINANCE NO. 77-28 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V "STOPPING, STANDING OR PARKING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY THEREFOR; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. The Council concurred to place the matter of unpaid tickets and unserved warrants on the next agenda. 19. The following Ordinance was presented: ORDINANCE NO. 77-29(~ ~-'_-_~,~_~_~) 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. 6, BLOCK NO. 176V, 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 20. The following Ordinance was presented: ORDINANCE NO. 77-30 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ABOLISHING THE MULTIPLE-FAMILY DWELLING DISTRICT (MF-2) ZONE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye", Motion carried. 21. The following Ordinance was presented ORDINANCE NO. 77-31 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY CHANGING THE UNIVERSITY DISTRICT (U) ZONE TO A MULTI-FAMILY DWELLING DISTRICT (MF-2) ZONE AND ABOLISHING THE UNIVERSITY DISTRICT (U) ZONE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. June 7, 1977 Continued 22. The following Ordinance was presented: ORDINANCE NO. 77-32 (Ray Abbott) 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 2, PART OF BLOCK NO. 233C, 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 Nash that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 23. The following Ordinance was presented: ORDINANCE NO. 77-33 (Russell Trapp) 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 15 AND 16 OF BLOCK NO. 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 Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 24. The following Ordinance was presented: ORDINANCE NO. 77-34 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 24,639.33 SQUARE FEET OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 141, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "A" AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 25. 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 7TH DAY OF JUNE, A.D. 1977. 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 One Hundred Nineteen Thousand Five Hundred Fourteen and 34/100 Dolla~ ($119,514.34), 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 US LIFE & TITLE COMPANY in the amount of Thirty-Seven Thousand Five Hundred Ninety-Four and 44/100 Dollars ($37,594.44); Lawyer's Title Company in the amount of Thirty-One Thousand Eight Hundred Sixty-Seven and 23/100 Dollars ($31,867.23); Denton County Clerk in the amount of Twenty-Six Thousand Seven Hundred Fifty-Two and 33/100 Dollars ($26,752.33); and Twenty-Three Thousand Three Hundred and 34/100 Dollars ($23,300.34) in miscellaneous expenses as per ~he attached addendum affixed hereto. June 7, 1977 Continued PASSED AND APPROVED this the 7th day of June, A. D. 1977. /s/ E[INOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JAMES A. BLANTON, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS: US LIFE & TITLE COMPANY P. N. Simpson South Carroll $ 551.75 E. C. Garrison South Carroll 12,504.76 H. H. Fannin South Carroll 1,014.27 Leon Lipscomb South Carroll 806.52 G. W. Smith South Carroll 4,790.10 G. W. Smith South Carroll 620.40 V. Mooneyham South Carroll 5,630.68 James & Joe Erwin South Carroll 11,675.96 Total South Carroll ............................................. $37,594.44 2. LAWYER'S TITLE COMPANY MK & T Railroad Company Mingo $31,867.23 Total Mingo ..................................................... $31,867.23 3. DENTON COUNTY CLERK (CONDEMNATIONS) Edna Kays South Carroll $ 1,145.45 Maude Littrell South Carroll 1,267.10 Joe Normile South Carroll 19,127.62 Ben Chastain South Carroll 2,702.97 C. W. Ellis South Carroll 2,509.19 Total Condemnations ............................................. $26,752.33 4. MISCELLANEOUS Commissioner's Fees in Condemnations $ 92762.33 Real Estate Appraisals (South Carroll) 5,915.07 Real Estate Appraisals (Sherman Drive) 1,046.27 City of Denton (Taxes) 654.29 Earl Coleman - Legal Fees (Purchase of South Carroll Right-of-Way Hillard, Normile, Kays, Littrell, Littrell-Kays, and various) 5,922.38 Total Miscellaneous ............................................. $23,300.34 Motion was made by Hughes, seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. June 7, 1977 Continued 26. The Council considered the request of Jerry Gage and Charles L. Saling to authorize the Mayor to execute Quit Claim Deeds correcting a Quit Claim Deed dated September 21, 1976 wherein the City quit claimed this property to the individual owners thereof. Motion was made by Nash, seconded by Hughes to approve the corrected Quit Claim Deeds and to authorize the Mayor to sign same. Motion carried. _ 27. The Council considered the appointment of an Ad Hoc Committee to explore temporary solutions to problems at the City Animal Shelter. The Mayor proposed that the Committee be appointed immediately and be composed of one or more from the Police Department or Animal Control Staff (to be appointed by the Police Chief), Bud Jennings or his appointee from the Health Department, a member of the Denton Humane Society and one or two local veterinarians. Mrs. Keith Shelton, a member of the Denton Humane Society, made the following 3 recommendations: (A) Stop cruel method of killing animals. (B) Denton needs a new Animal Control Shelter. (C) Take the Animal Control Shelter from the Police Department and place it under the City Manager. Motion was made by Nash, seconded by Mitchell to approve appointing an Ad Hoc Committee as requested by the Mayor. Motion carried. 28. The Council considered establishing regular study sessions for the City of Denton. The Mayor suggested study sessions on the second and fourth Tuesday evenings of each month, adding that these sessions could be helpful and might -- cut down on the number of extra sessions. Following a discussion, no official action was taken. 29. The following Resolution was p~esented: 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 DAYOF JUNE, A.D. 1977. RESOLUTION WHEREAS, the Council must deliberate many agenda items at its meetings; and WHEREAS, the time available to the Council for such deliberation is severely limited; and WHEREAS, the Council desires to have as much time as possible for the deliberation of major agenda items which involve the establishment of City policy and goals; and WHEREAS, some agenda items are of such a routine, non-controversial nature that they need minimal Council deliberation; and WHEREAS, the Council desires to handle these agenda items as expeditiously as possible in order to provide more time for major agenda items; - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Council of the City of Denton here~y directs the City Manager to prepare a consent agenda for each regular Council meeting. The consent agenda shall contain routine, non-controversial items that require Council action but need little or no deliberation. June 7, 1977 Continued The following procedures and rules shall govern the use by the Council of the consent agenda: 1. A motion to approve the consent agenda shall not be debated. 2. The consent agenda shall only be adopted by a unanimous vote of those Council members present at the meeting. 3. At the request of any individual Council member an item shall be removed from the consent agenda and placed upon the regular agenda for debate. PASSED AND APPROVED this the 7th day of June, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JAMES A. BLANTON, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Gay that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 30. 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 7TH DAY OF JUNE, A.D. 1977. RESOLUTION WHEREAS, the City of Denton and State of Texas desire to amend the Maintenance Agreement concerning Farm-to-Market Road 428 (Sherman Drive) and such an amend- ment has been drafted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Elinor Hughes, Mayor of the City of Denton, Texas is authorized to sign the amendment to the Municipal Maintenance Agreement between State of Texas and the City of Denton. PASSED AND APPROVED THIS THE 7th day of June, A. D. 1977. /s/ ELINOR HUGHES, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. IS'~rAl~,~]~T¥~TO~q~t~ - --=~ Motion was made by Nash, seconded by Stewart that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. June 7, 1977 Continued 31. The Council considered Purchase Orders over $3,000: (A) Motion was made by Nash, seconded by Mitchell that the statement of Freese & Nichols in the amount of $29,120.63 be approved for payment. Motion carried. (B) Motion was made by Nash, seconded ~ Gay that the statement in the amount of $9,894.15 from Kerss, Chapman, Bua & Norsworthy for advertising services be approved for payment. Motion carried. 32. BIDS: (A) #8471 Mayhill Road Lift Station Motion was made by Nash, seconded by Hughes that the bid be awarded to Highland Industries in the amount of $24,300.00 with a 105 day completion time. Motion carried. (B) #8477 Electric Distribution Transformers Motion was made ~ Nash, seconded by Mitchell that the bid be awarded as follows as recommended ~ the Utilities Department: Item 1 1 300 KVA to Temple, Inc. at $3,080.00 Item 2 2 1000 KVA to WESCO at $13,188.00 Item 3 3 750 KVA to SESCO at $12,952.00 Item 4 10 25 WA csp to Graybar at $3,260.00 Item 5 7 50 KVA to Graybar at $3,612.00 Item 6 15 25 KVA cony. to Graybar at $4,395.00 Motion carried. (C) #8488 Sale of junk and obsolete transformers and regulators Motion was made by Stewart, seconded ~ Nash that the bid be awarded to the highest bidder, Southwest Electric Company of Oklahoma City, in the amount of $7,550.00 for voltage regulators only and that the transformers be retained and sold at a later date. Motion carried. (D) #8489 Construction of site preparation Denia & North Lakes Parks Motion was made by Stewart, seconded ~ Nash that the bid be awarded to Claude Smith Excavating of Denton for 43,600 cubic yards with compaction, for a total of $28,480.00 for the average price of .65 cents per yard. Motion carried. (E) #8490 Construction of sewer lines Assistant Ci~ Manager Jack Owen explained that Jay-Mor Corporation was the low bidder for the Fulton Street sewer line and the North Lakes Park sewer line in the amount of $55,100.24. Alternate bids were taken on the North Lakes Park sewer line to determine the amount of Federal participation. The bids were $44,361.74 for a 10" sewer and $42,760.74 for an 8" sewer with a difference of $1,601.00 to be paid totally by the Ci~ of Denton. Motion was made ~ Gay, seconded by Mitchell that the low bid of Jay-Mor Corporation in the amount of $55,100.24 be approved. Motion carried. 33. The Council adjourned into Executive Session at 11:25 p.m. to consult with the City Attorney and discuss personnel. 34. The Council reconvened into Public Session to announce that no official action was to be taken. Meeting adjourned at 11:37 p.m. ' R~ ~ ~ll~ ~TTY SECRETARY City Council June 21, 1977 Regular meeting of the City of Denton City Council, Tuesday, June 21, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager Jim White, Assistant City Manager Jack Owen, Assistant City Attorney Jim Blanton and City Secretary Brooks Holt. ABSENT: City Attorney Paul Isham. 1. PUBLIC HEARINGS: (A) Z-1301, the petition of Mr. Jack Bowden requesting two zoning changes: a. a change in zoning from Parking (P) to General Retail (GR) classification on approximately 50' x 110' tract immediately south of Jessie's Beauty School; and b. a change in zoning from Single Family (SF-7) to Parking (P) classification on property located at 410 Westway, near the northeast corner of Westway and Carroll. After hearing one proponent but none in opposition and a report from the Director of Community Development that fourteen letters mailed with four approving and one against, motion Mitchell second Stewart that the petition be approved. Motion carried. (B) A public hearing was held to consider adoption of the 1976 edition of the Uniform Building Code. The Director of Community Development briefed the council stating that there had been no opposition from builders--that new fees will still be lower than most cities in the area. Two of the cha~ges recommended were (1) standards of housing insulation and conservation measures and (2) a revised permit schedule to make building inspection more nearly self-supporting. Motion was made by Nash, seconded by Stewart to approve adoption of the 1976 edition of the Uniform Building Code and to instruct the City attorney to prepare the appropriate ordinance. 2. Richard Dalrymple presented a petition to the council opposing the widening of Bell Avenue from University to Sherman and for alternatives for through traffic on Bell. Several residents of the area were present. 3. Jody Winslow of the Denton Housing Authority advised the council of a proposed home rehabilitation loan program and presented copies of an application that would be used for selecting the loan organization for the program and presented a list of citizens that might serve on the Loan and Grant Committee for the rehabilitation of owner-occupied homes. The Mayor asked that the matter be placed on the agenda of the July 5th meeting. 4. Following a briefing by King Cole, assistant to the City Manager, the following ordinance was presented: ORDINANCE NO. 77-35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CREATING A NEW CHAPTER 27 ENTITLED "CABLE TELEVISION"; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Gay that the ordinance be passed with amendments. On roll call vo~e Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye"' Mo~-i'on ~carried..~ 5. The council considered Z-1295, the joint petition of North Texas Savings, Denton Christian Church, and the Noon Optimist Club requesting annexation and permanent zoning on 27.01 acres located on the north side of Highway 77 (Sanger Road), just east of the Denton North Apartments. 10.5 acres were requested for Multi-Family (MF-R) classification and 16.51 acres were requested for Agricultural (A) classification. June 21, 1977 Continued Motion was made by Stewart, seconded by Nash that the petition be approved and the appropriate ordinance for anhe×ation and permanent zoning be prepared. Motion carried. 6. The council considered the purchase of property for the extension of Ruddell Street and reviewed paving plans for the proposed street improvement. Motion was made by Nash, seconded by Gay to approve the purchase of a 40' x 309' track of land at a cost of $2,250. Motion carried. (The land was appraised at $1850 and an offer to owner made. After negotiation the owner accepted the $2,250 price.) 7. The council considered a resolution establishing certain temporary traffic control devices for the Sherman Drive detour routing. 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 21ST DAY OF JUNE, A. D. 1977. RESOLUTION WHEREAS, the City of Denton is in the process of improving Sherman Drive and Bell Avenue; and WHEREAS, it is necessary to install certain temporary traffic control devices within the City of Denton in order to insure the welfare and public safety of the traveling public; and WHEREAS, it is in the best interest of the traveling public to install temporary traffic control signs on the following designated streets: NO PARKING SIGNS Both sides of Roberts Street from Bell to Brown Both sides of Brown Street from Sherman to Roberts West side of Bell Avenue from Sherman to University North side of Coronado from Bell to Stuart STOP SIGNS West bound on Roberts Street at Brown Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The traffic control devices shall be installed during the construction period and shall be removed at the end of construction. PASSED AND APPROVED this the 21st day of June, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: As/ JAMES A. BLANTON, ASST. CITY ATTORNEY Motion was made by Stewart, seconded by Mitchell that the resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. June 21, 1977 Continued 8. The following resolution was presented and read by the mayor: 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 JUNE, A.D. 1977. THE STATE OF TEXAS [ COUNTY OF DENTON [ RESOLUTION IN APPRECIATION OF CITY OF DENTON [ JIM WHITE WHEREAS, on July 1, 1977 the City of Denton and its citizens will lose the services of Jim White, an exceptional and dedicated public servant; and WHEREAS, that date will mark the end of almost a decade of public service as City Manager to the City of Denton by Jim White; and WHEREAS, those years have been times of steady civic accomplishment by the City of Denton under the leadership of Jim White; and WHEREAS, among those accomplishments were significant street and boulevard projects such as the completion of North Carroll Boulevard and implementation of the South Carroll Boulevard project; the improvement of University to Malone, the extension and improvement of Bell Avenue and the initiation of the Sherman Drive improvement project, the completion of improvements to McKinney Street from Bell Avenue to Carroll Boulevard and completion of the Federal Building in the Civic Center; and WHEREAS also among the accomplishments during Jim White's tenure included Denton's membership in TMPP and TMPA which membership will provide to the City of Denton and its citizens independent, economical and reliable sources of energy for many years to come; and WHEREAS, during Jim White's leadership the City of Denton has seen the continuing development of recreational facilities centers at North Lakes Park, Denia Park, Southridge Park and Mack Park; and WHEREAS, construction has begun on a Senior Citizens Center for the citizens of Denton in the Civic Center Park; and WHEREAS, through the efforts of Jim White long range planning in terms of both comprehensive municipal planning and a five year capital improvements plan have been completed; and WHEREAS, during Jim White's administration, annual City Council retreats were initiated which offered an opportunity for a meaningful discussion between the City Council and the City Staff; and WHEREAS, Jim:White's years as City Manager have seen the planning and initial development of the Denton Municipal Airport; and WHEREAS, also there has been an increased utilization of citizens boards and commissions such as Research & Economic Development Board, Community Ethnic Relations Board, Plumbing & Mechanical Code Board, Electrical Code Board, Citizens Traffic Safety Support Commission and Denton Housin~ Authority; and WHEREAS, there has also been the p~9~ge of bond issues for improving the water, sewer, streets and parks facilities ~f the City of Denton; and WHEREAS, these are only a few of the accomplishments made during the tenure of Jim White as City Manager of Denton; and WHEREAS, Jim White has exhibited outstanding expertise, coupled with hard work and an exceptional ability to solve problems, and has gained the respect and admiration of the Municipal Staff; NOW, THEREFORE, the City Council of the City of Denton acting on behalf of the citizens of Denton wishes to acknowledge with grateful appreciation the service of Jim White and the devotion he has given to the office of City Manager of the City of Denton, 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 JIM WHITE, as a token of our appreciation. 264 June 21, 1977 Continued PASSED AND APPROVED this the 21st day of June, A.D. 1977. /si EL'INOR HUGHES, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JAMES A. BLANTON, ASST. CITY ATTORNEY Motion was made by Hughes, seconded by Mitchell that the resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. The mayor presented an engraved plaque to the City Manager from the council and the municipal staff. The mayor recognized three former Mayors, Zeke Martin, L.A. Nelson, and Tom Jester, Jr. 9. The Council considered approval of the consent agenda. Each of the following items were recommended by the staff and approval thereof was strictly on the basis of staff recommendations. Approval of the consent agenda authorizes the City Manager or his designee to implement each of the following items in accordance with staff recommendations. Motion was made by Stewart, seconded by Mitchell that the consent agenda as presented be approved as follows: A. The minutes of the Regular Meeting of June 7, 1977. B. Hold a public hearing on Revenue Sharing on July 5, 1977. C. Authorize a permit to Greg Busby for the sale of packaged ice cream on the City streets. D. The following referrals to P & Z for recommendations: a. Z-1304. The petition of Mrs. Morelle Miller requesting she be granted a change in zoning from Single Family (SF-7) to Office (0) classification on property located at 1811 Bolivar Street. b. Z-1305. The petition of Mrs. Ken Kindred requesting she be granted a change in zoning from Office (0) to General Retail (GR) classification on property located at 1835 N. Locust. E. Purchase Orders over $3,000.00: a. #32935 - To Shaw Equipment Company in the amount of $4,656.11 for emergency repair of an engine on rig #2500, a Fiat-Allis track loader used at the sanitary landfill. F. BIDS #8492 - water treatment chemicals (yearly supply). This bid be awarded by item to the evaluated low bidder as indicated below: Item 1 Texas Solvents Item 2,4, & 9 Thompson-Hayward Chemicals Items 3,5,8 & 10 McKesson Chemical Item ll Culligan Water Condition Item 7 Texas Lime Item 6 Stauffer Chemical Item 12 Van-Waters and Rogers on draw bid June 21, 1977 Continued #8493 - gasoline and oil products. This bid is for the yearly supply of gasoline and oil,~products.' These products are ~ubject to the allocation and price regulations of the Federal Energy Office, therefore all bids received are subject to price fluctuations and the availability of products, and the purchasing department will be allowed to purchase Petroleum Products each month at the lowest and best price available with low bidders as follows: Items 1 & 2 Gasoline, Reeder Distributing Inc. Item 3 Diesel, Ben Ivey Oil Company Item 4,5, & 6 Oil & Gear Lub., Gulf Oil Corp. Items 7 & 8 Chassis Grease and Transmission Fluid, Caruthers Oil Company #8494 - annual supply of clay tile pipe, lubricant soap and adapters. Accept over all low bid of Can-Tex Industries for all sizes of pipe and the lubricant soap, plus adapters meeting specifications with bid as follows: 4" Clay-tile pipe .68/ft. 6" Clay-tile pipe 1.05/ft. 8" Clay-tile pipe 1.56/ft. 10" Clay-tile pipe., 2,33/ft. 12" Clay-tile pipe 3 14/ft. . Lubricant Soap 4.10/gal. 4" Adapter 3.85/ea. 6" Adapter 9.30/ea. 8" Adapter 11.45/ea. #8495 - annual supply of cast iron pipe, and ductile iron pipe. Accept the low bid of Lone Star Steel for all sizes of cast iron pipe and the lubricant soap and the low bid of U.S. Pipe and Foundry on all sizes of the Ductile Iron Pipe as follows: Lone Star Steel - Cast Iron Pipe 1 load 4" Cast Iron Pipe 2.78/ft. 8 load 6" Cast Iron Pipe 3.57/ft. 8 load 8" Cast Iron Pipe 4.93/ft. 6 load 10" Cast Iron Pipe 6.50/ft. 2 load 12" Cast Iron Pipe 8.36/ft. 50 gal. Lubricant Soap 3.50/gal. U.S. Pipe & Foundry - Ductile Iron Pipe 1 load 4" Ductile Iron Pipe 2.63/ft. 4 load 6" Ductile Iron Pipe 3.42/ft. ~_.~m~ad,__ _~8~i~ctile Iron Pipe 4.65/ft. d'~~tile Iron Pipe 6.14/ft. ~'1 load 12" Ductile Iron Pipe 7~86/ft. 10. The council considered a proposed contract with Gilbert and Associates. The City Manager stated that the City Attorney was out of the city but that progress was being made on this matter. Nash stated that he would like to see the contract under- way and that the council needed a report on the progress of all city pro~ects that have been approved but not started or completed. 11. The council recommended regular study sessions by the council. Motion was made by Nash, seconded by Hughes, that the council hold study sessions on a trial basis for the next three months on alternate Tuesdays. Motion carried four to one. 12. The council adjourned into executive session at 8:25 p.m. to consider personnel, board appointments and appointments of auditors. 13. The council reconvened into public session at 10:15 p.m. a, The following resolution was presented: ]66 June 21, 1977 Continued 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 JUNE, A.D. 1977. RESOLUTION WHEREAS, the U.S. Civil Service Commission administers a matching grant program under the title of the Intergovernmental Personnel Act of 1970; and WHEREAS, this act authorizes the commission to make grants for training for professional, administrative & technical personnel for State and local governments; and WHEREAS, the City of Denton qualifies as the type of governmental entity which is authorized to make application for such grants, and WHEREAS, it is necessary to authorize a representative of the City of Denton to make application for such grants; and NOW, THEREFORE, be it resolved that the City Manager of the City of Denton or his designee be authorized to apply for grants under the Intergovernmental Personnel Act of 1970. /si ELINOR HUGHES, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: Is~ _.. JAMES A. BLANTON~ ASST. CITY ATTORNEY Motion was made by Mitchell, seconded by Nash that the resolution be passed. On roll call vote Stewart "a~e", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. b. Motion was made by Stewart, seconded by Nash that Council member Mitchell be appointed representative to the TMPA Board and that Dee Knight and Tom Fouts be appointed to the Research and Economic Development Board. Motion carried. The meeting adjourned at 10:20 p.m. MAYOR C I"FY %~ECRETARY City Council June 28, 1977 Special Called Meeting of the City of Denton City Council, Tuesday, June 28, 1977 at 6:30 p.m. in the Conference Room of the City Manager's Office. PRESENT: Mayor Hughes, M~yor Pro Tem Mitchell, Council Members Nash and Gay. ABSENT: Council Member Stewart. 1. The Mayor opened the meeting and the Council then adjourned into executive session to consider board appointments, appointing of auditors and personnel. 2. The Council reconvened into public session at 11:00 p.m. Motion was made by Nash, seconded by Gay that Alexander Grant and Company be approved as auditors. Motion carried. The meeting adjourned at 11:10 p.m. MAYOR ~I~I~Y SECRETARY City Council June 29, 1977 Emergency called meeting of the City of Denton City Council, Wednesday, June 29, 1977 at 3:45 p.m. in the Conference Room of the City Manager's Office. PRESENT: Mayor Hughes, Council Members Gay and Nash. ABSENT: Mayor Pro Tem Mitchell and Council Member Stewart. 1. The Council considered appointment of a Municipal Court Judge to replace Tim Banks who resigned. Motion was made by Nash, seconded by Gay that Howard Watt,Denton attorney, be named Municipal Court Judge. Motion carried. Meeting adjourned at 4:00 p.m. MAYOR ~ I'r~Y SECRETARY City Council July 5, 1977 Regular meeting of the City of Denton City Council, Tuesday, July 5, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Stewart and Nash; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Mitchell, seconded by Hughes that the minutes of the Regular Meeting of June 21, 1977, the Special Called Meeting of June 28, 1977 and the Emergency Called Meeting of June 29, 1977 be approved. Motion carried.' 2. PUBLIC HEARINGS (A) Z-1302, the appeal of Mr. Joe Barns and Mr. Fred Harper requesting a change in zoning from Multi-Family (MF-1) to General Retail (GR) classification on property located at the northeast corner of Hickory Street and Avenue G. This tract contains approximately .57 acre. No one spoke in favor but two spoke in opposition. The Director of Community Development stated that sixteen letters mailed with five against and none in favor. Motion was made by Nash, seconded by Stewart that the petition be denied. Motion carried. (B) A public hearing was held on S-140, the petition of Mr. Don VanVuren and Denton West, Inc., requesting a specific use permit to operate a mobile home park on the west side of Teasley Lane at its intersection with Ryan Road. Denton West Mobile Home Park currently operates as a non-conforming use and this request seeks to give the park correct zoning status. After hearing one opponent and one questioning the purpose of the petition and a report from the Director of Community Development that twelve letters mailed with one in favor and five in opposition, motion was made by Mitchell, seconded by Nash that the petition be approved with the following conditions: 1. This permit is issued to Mr. Donald VanVuren and Denton West, Inc., for the continued provision of mobile home lots and/or units for lease in a mobile home park, as defined by the City's Mobile Home Ordinance. This permit does not authorize subdivisions for sale or sale by metes and bounds of individual lots or tracts, and such action will void the permit, except as provided in Article 13.0la of Vernon's revised civil statute. 2. This permit allows the utilization of mobile homes or trailers as residential units in Denton West. Prohibited from use through this permit is modular-type housing on permanent foundations. 3. The maximum density of Denton West Mobile Home Park, on its current 55.092 acres, shall not exceed three hundred twenty-five (325) dwelling units. 4. The owner of Denton West agrees to maintain water, sewer, street systems, and green areas, according to accepted standards. Motion carried unanimously. (C) A public hearing was held on Q-4, the petition of Mr. Tom Whitlock seeking the quitclaim of an alley located in the block bounded by Mulberry and Sycamore Streets aid Elm and Ca~roll. ~'~~ar~ponent and none in opposition, motion was made by Nash, seconded by Gay to approve the quitclaim deed as requested and the City Attorney be directed to prepare such instrument. Motion carried. (D) A public hearing was held to consider general amendments to the Zoning Ordinance. There were no comments from the citizens present. Motion was made by Nash, seconded by Gay that the ordinance for a~...par~ing spaces be based on square footage with one parking space for 500 square feet6f total ' air-conditioned area. Motion carried. The mayor asked that the final consideration of the ordinance be on the agenda of the July 19th meeting. July 5, 1977 Continued (E) A public hearing was held to receive citizen input relative to the use of Revenue Sharing Funds. The mayor requested input from the citizens present; there was no response. The mayor pointed out that 'the second hearing must be held to meet government requirements. 3. Carl Young, a~citiZen Qf Southeast Denton, appeared before the Council to comment on the performance of certain City employees and elected offi.cials. Mr. Young thanked the Council ~or promoting excellent racial relations, for backing the June 18-19th and July 4th celebrations at Fred Moore Park and for the many improvements at the park. He also praised the Denton Police Department, the Parks and Recreation Department and all other City departments. Mr. Young then presented a petition to the Council requesting re-establishment of Dreamland Apartments. No official action was taken. 4. The Council received a report from the Citizen's Ad Hoc Committee on Animal Control. Mrs. Debra Shelton, committee member, read fourteen recommendations for the improvement of the Animal Shelter. The council was also provided with the final report on the animal control building by the committee. Motion was made by Nash, seconded by Stewart to accept the report from the committee with thanks for its excellent work. Motion carried. 5. The matter of appointments to the Loan and Grant Committee for the rehabilitation of owner-occupied homes was deferred until the next meeting. 6. The council considered an ordinance adopting the Uniform Building Code. The following ordinance was presented: ORDINANCE NO. 77-36 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM BUILDING CODE, 1976 EDITION WITH CERTAIN DELETIONS AND AMENDMENTS AND CHAPTER 53 OF THE 1977 SUPPLEMENT TO THE UNIFORM BUILDING CODE: PROVIDING PENAL¥IES~ FOR VIOLATIONS OF THE NEW CODE: AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye", and Hughes "aye". Motion carried. 7. The Council received correspondence from NTSU concerning a request for additional student parking on certain streets. The Mayor suggested that Community Development obtain answers to questions such as income from decal parking and if the amount collected is more than cost of enforcement. Nash - We need some reimbursement from NTSU for street maintenance. Gay - We need a map of parking areas at NTSU that are on city streets. Stewart - Shouldn't the City receive atleast half of the revenue from parking fees collected by NTSU? The mayor requested that this matter be placed on the July 19th Council agenda. 8. The Council considered the purchase of property for the Eastside fire station. The City Attorney stated that a negotiated price of $20,000 had been accepted by the owner of the property for construction of the fire station. Motion was made by Nash, seconded by Stewart to approve the purchase of the property for the Eastside fire station in the amount of $20,000. Motion carried. 9. Gerald Stone, architect, reviewed final construction plans for the Eastside fire station and requested~authorization to advertise for bids on the pro~ect. Motion was made by Nash, seconded by Mitchell to approve advertising for bids fdr the construction of the Eastside f~re station. Motion carried. 10. The Council considered an ordinance approving certain system development and reliability expenditures of TMPA in ratifying certain actions taken by TMPA. General Manager of TMPA, Paul Cunningham, requested approval for the sale of bonds by TMPA in the amount of 100 to 150 million dollars. He stated that the status of the bond market was favorable. The following ordinance was presented: 270 July 5, 1977 Continued ORDINANCE NO. 77-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO CERTAIN SYSTEM DEVELOPMENT AND RELIABILITY EXPENDITURES AS CERTIFIED TO THIS COUNCIL BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; APPROVING SUCH SYSTEM DEVELOPMENT AND RELIABILITY EXPENDITURES: MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; RATIFYING AND CONFIRMING CERTAIN ACTIONS HERETOFOrE-TAKEN;AND DECLARING AN EMERGENCY. Motion was made by Hughes, seconded by Gay that. the ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Mitchell "aye", Hughes "aye", and Nash "naye". Motion carried 4 to 1. 11. The Council considered an ordinance amending the zoning ordinance re Z-1301. The following ordinance was presented: ORDINANCE NO. 77-38 (~,~,~,~ ~ ~,,t~) 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 APPLIED TO LOTS 2 AND 3 OF BLOCK NO. 438 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 Gay, seconded by Hughes that the ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 12. The Council considered a resolution accepting a grant offer of $120,000 from the FAA. The following resolution was presented: RESOLUTION WHEREAS, an application for Federal Assistance dated May 18, 1977 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting - federal participation in'the cost of certain improvements at the Denton Municipal Airport; and WHEREAS, the FAA has issued a Grant Offer~which, if duly accepted, provides a commitment of $120,000.00 in federal funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to accept this Grant Offer. NOW, THEREFORE, BE IT RESOLVED that the City of Denton 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 Ma~or of the City of Denton is hereby authorized and directed to execute the Grant Offer on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 5th day of July, A.D. 1977. ~si E[iNOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY /si PAUL ISHAM, CITY ATTORNEY Motion was made by Stewart, seconded by Nash that the resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 13. The Council received a report from the City Attorney regarding a contract with Gilbert and Associates. The City Attorney stated that the contract was not ready for approval at this meeting, suggesting that the Council could take action at the July 12th meeting~ Nash said the City Attorney had recommended to the Utilities Board to delete the portion of whether Denton's electrical system is the best for providing electricity July 5, 1977 Continued for the City. Isham answered that Gilbert and Associates were of the opinion that the sale of the electrical system, was not a viable alternative, that such a sale could not take place and if .it did it would have an adverse impact on Denton's relationship with TMPA. The mayor stated that she had reservations relative to paying Gilbert and Associates $30,000 for the study. She requested that the action be deferred until the July 12th meeting. The Council concurred. 14. The following purchase orders were considered: a. To Marley Cooling Tower Company in the amount of $18,955 for four GRP fan cylinders, 14' high, for 264" diameter fans and to include all materials to adapt and install, using bronze and/or stainless steel bolts. Price also includes FOB factory with full freight allowed to Denton. b. To Welco Sales, Inc. in the amount of $1i1868 for supervision and labor to remove the old materials and install the new (not including receiving, unloading or hauling) including motor crane and based on two cells being available at one time to perform the work. Motion was made by Nash, seconded by Stewart that the above purchase orders be approved. Motion carried. 15 The Council received City Manager and staff reports on on-going City projects. A report on the projects is as follows: (1) Sherman Drive - 9% of contract completed. (2) North Bell should be opened in three weeks. (3) South Carroll B~vd. - one-half of time for contract has gone by and project should be completed in January or February of 1978. (4) Fire station bids set for July 28th and project should be completed in February of 1978. (5) Water lines on Audra Lane and the Ruddell Street extension project should be ready for bid awards at the next regular meeting. (6) No progress to report on the Aubrey Reservoir. (7)~ Frisco law suit is unchanged. (8) Grants for sewerage system expansion have been received in the amount of $128,000. Phase 2 has been approved in the amount of $294,000. Final construction completion expected by January, 1980. (9) New sanitary-landfill Engineers are gathering data to prepare grant application which has to go to the State in ninety days. (10) The Senior Citizen Center is progressing. Renovation of the Community Building expected to begin on July 20th with completion by September 15th. Baseball field construction has been slow. We have problems with the site work at North Lakes. When major sewer line work is completed, street work can begin. (11) Tennis facilities are ahead of schedule. Pav~lion areas are now in progress. Expect to get easement soon for sidewalk on Carr61 Blvd. We are behind on purchase of playground equipment. Progress has been made on restrooms in parks other than North Lakes. 16. The Council considered the agenda for the July 12 Council Meeting. The mayor suggested that the Lone Star Gas contract, Gilbert and Associates contract and capital improvements be considered at the July 12th session. 17. The Council considered approval of the Consent Agenda. Each item was recommended by the Staff and approval based on.~taff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item. Motion was made by Nash, seconded by Mitchell that the consent agenda be approved as follows: (A) Tax adjustment report for the month of June, 1977 in the amount of $4,067.43. July 5, 1977 Continued A. REFERRALS: a. Z-1306. This is the petition of Mr. L.A. Nelson and Mr. Robert W. Jones requesting a change in zoning from Multi-Family (MF-1) to General Retail (GR) classification on property located at 2535 Prairie Street. This is the southeast corner of Prairie and Bonnie Brae. b. S~I41. This is the petition of Mr. Den Upton requesting he be granted a specific use permit to operate a restaurant with drive-in service on a lot zoned General Retail (GR), at 901 University. B. Authorize the City Secretary to advertise for bids for depository for City funds. C. BIDS a. #8496 - miscellaneous water and sewer supplies (annual requirement), The bid be awarded as follows: Section A - Brass goods to the low bidder, Industrial International, except item 14. Section A - (Item 14), to the low bidder, Trans-Tex Supply Section B - Curb stop ball valves to the low bidder, Industrial International Section C - Full Circle Pipe Clamps to the low bidder, Rohan, Inc. Section D - Full Circle Tapped Pipe Clamp to the low bidder, Rohan, Inc. Section E - Pipe Repair Clamps to the low bidder, Rohan, Inc. Section F - Compression Couplings to the low bidder, Industrial - International Section G - Meter Couplings to the low bidder, Rohan, Inc. Section H - Fire Hydrants and Extensions to the low bidder, Trans- Tex Supply Section I - Gate Valves to the low bidder, Trans-Tex Supply Section J - Tapping Valves to the low bidder(firm for one year) of Trans-Tex Supply. The lowest bidder is only firm six months. Section K - Tapping Sleeve to the low bidder, Trans-Tex Supply Section L - Tapping Saddles to the low bidder, Rohan, Inc.' Section M - Manhole Rings & Lids to the low bidder, Trans-Tex Supply Section N - Bronze Gate Valves to the lower bidder meeting specifications, Bowles and Eden. The lowest bidder, Universal Supply, requires all items be ordered at one time for one shipment FOB Mesquite, Texas. The next lowest bid of Rohan, Inc. is only.firm for 60 days. Section 0 - Valve Boxes to the low bidder, Industrial International, firm for six months with 5% increase after six months. Section P - Water Meter Boxes to the lowest bidder, Industrial International. These recommendations for bid award are based on section rather than individual items. This is required by some vendors to qualify for a 2% cash discount and we feel it greatly decreases our internal paper work. as well as gives us more favorable freight rates, etc. #8498 - tires. This bid be awarded to the low evaluated bidder, Richard Stephen's Firestone Tire Company at a 15 to 45% discount. #8498-B - batteries. This bid be awarded to the low evaluated bidder, E.S.B., Inc. of Dallas, Texas. July 5, 1977 Continued 18. Council adjourned into executive session at 10:40 p.m. to discuss personnel and land acquisition and to consider board appointments. 19. The Council reconvened into public session at 12:10 a.m. July 6, 1977. Motion was made by Nash, seconded by Mitchell that the following Boar~ Appointments be approved: Building Code Board Parks and Recreation Fred Reed Pat Cheek Carroll Goen Clyde Wright Bert Moore Don Bailey Citizens Traffic Commission Planning and Zoning Commission Mike Campbell Raymond Pitts Lovie Price Milton Hill Lou Ephraim Terrell King John Hughes Plumbing and Mechanical Code Board Denton Housing Authority George Terry Margaret Smith George Hopkins Public Utilities Herman Herod Bill Davis Library Board Research and Economic Development Pat Warde Sam Marino Dee Knight Mantha Len Nelson Tom Fouts Lee Miller John Nelson Alice Alexander Bill Nash Civil Service Airport Board Grant Jacobson Dee Walston Board of Adjustment Ed Moorehead Oran Crouch Harv Merrell Gene Wright George Reaves Jim Russell Board of Equalization John Carrell (alt.) David Fitch Bill Brads Raymond Pitts Garland Cates (alt.) Motion carried. Meeting adjourned at 12:15 a.m. July 6, 1977. MAYOR City Council July 12, 1977 Special Called Meeting of the City of Denton City Council, Tuesday, July 12, 1977 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Council Members Gay, Nash, and Stewart. ALSO PRESENT: Utility Board Members Harpool, Ramey, Davis, Shelton and Munson. 1. The Council discussed the proposed Lone Star Gas Contract. The Director of Utilities, Bob Nelson, briefed the Council relative to the proposed contract as did Utility Engineer Ernie Tullos. Nelson stated that the new contract would eliminate $2.3 million in take or pay penalties incurred by the city in 1975 and '76. Penalties already paid by the city to Lone Star will be rebated to customers in the amount of $308,500. It was brought out that the contract would mean a savings of $2.5 million in the remaining 2 1/2 years of the present Lone Star Gas Contract. Nelson stated that the chief disadvantage of the contract is a provision that makes the higher gas prices retroactive to April 1. No action was taken by the Council but the matter will be brought to the Council when the contract is ready. 2. The matter of a contract with Gilbert and Associates Inc. to study the City of Denton's electrical system was considered. A1 Herman, economist with Gilbert and Associates Inc., was introduced as Gilbert's Service Project Manager for the study. Paul Isham, City Attorney, reviewed the contract section by section and indicated his approval of all but Gilbert's portion of Section VI. Motion was made by Nash, seconded by Mitchell that the contract be approved with deletion of Gilbert and Associates portion of Section VI as recommended by the Utility Board, and that the mayor be authorized to sign the contract. Motion carried. 3. Following a briefing by the Director of Community Development, the Council discussed the proposed capital improvements program. The discussion included the following: a. Recommendation section of the Capital Improvement Program, which would be on a year to year review basis. b. Sources of funding of the program. c. Review of allocation of C.I.P. funds by general classification group to determine if priorities are acceptable. d. Proposed improvement projects for funding within the five-year program. ~.~di fo~Loop 288 Highway project. No official action was 'taken. Meeting adjourned at 10:07 p.m. ~ ~ MAYOR 275 City Council July 19, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, July 19, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Buil;ding. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Council Members Gay, Nash and Stewart; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Mitchell that the minutes of the regular meeting of July 5, 1977 and the special called meeting of July 12th, 1977 be approved. Motion carried. 2. Ann Artall representing the Senior Nursing students at TWU appeared relative to handicap awareness day. Ms. Artall requested permission to rope off one side of the square for the event on August 6th. ~' Motion was made by Mitchell, seconded by Nash to approve the request subject to a check with downtown square merchants. Motion carried. 3. The Council considered a resolution stopping adoptions from the City Animal Shelter. Dr. Alan Woods, chairman of the animal shelter ad hoc committee, recommended halting adoptions of animals. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN 7HE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF JULY, A.D. 1977. RESOLUTION WHEREAS, on the 5th day of July, 1977, the Ad Hoc Animal Shelter Committee presented its recommendations to the City Council of the City of Denton, Texas; and WHEREAS, one of the recommendations of that Committee was that adoptions cease because of distemper epidemic existing at the City Animal Shelter; and WHEREAS, such cessation of adoptions would be in the best interest of the citizens of Denton; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: All animal adoptions at the Denton Animal Shelter cease until such future date as the Council shall then determine. PASSED AND APPROVED this the 19th day of July, A.D. 1977. ELINOR HUGHES, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY Motion.~as.~ade by Stewart, seconded by Mitchell that the resolution be passed. On roll 'ca'll vote Stewart "aye", Nash "aye", Gay-"aye", Mitchell "aye" and Hughes "aye". Motion carried. 4. The Council considered the Planning & Zoning Commission's recommendation on Loop 288 right of way acquisition and considered a resolution regarding the same. City Attorney Paul Isham siated that the passage of a resolution was necessary to begin contract negotiations with the State Highway Department. 276 July 19, 1977 Continued 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 19TH DAY OF JULY, A.D. 1977. R E S O L U T I O N WHEREAS, the Planning and Zoning Commission strongly recommends and supports a program to construct the Loop 288 highway project; and WHEREAS, public hearings have been held and the State Highway Department has developed plans for the Loop 288 highway project; and WHEREAS, the State Legislature has passed a bill which will permit reimbursement to the City for up to 90% of the right of way acquisition costs and the City desires to enter into a contract with the State of Texas and start acquiring right of way; NOW, THEREFORE, BE IT RESOLVED BY I'HE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton officially approves the Loop 288 highway project and desires to enter into a contractual agreement with the State of Texas Department of Highways and Public Transportation for the acquisition of the right of way for all of the north portion of Loop 288 Highway and the south portion of Loop 288 Highway, and permitting reimbursement by the State based upon current reimbursable percentages for acquisition of right of way by the City; authorizing the Mayor to sign such contractual documents, and directing the City to commence acquisition of right of way after the necessary documents with the State have been executed. PASSED AND APPROVED this the 19th day of July, A. D. 1977. /s/ ATTEST: ELINOR HUGHES, MAYOR /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY Motion was made by Gay, seconded by Mitchell that the resolution be passed and the mayor be authorized to sign necessary contracts~ On roll call vote Stewart "aye", Mitchell "aye", Gay "aye", Nash "naye" and Hughes "aye". Motion carried 4 to 1. Motion was made by Hughes, seconded by Mitchell to request the state to construct loops with two lanes of traffic. Motion carried with Gay abstaining. Motion was made by Stewart, seconded by Nash that a referendum be held on the matter. Motion failed with 2 for and 3 opposed. The Mayor stated that the Council should not require citizens to make tough decisions, that this was the Council's responsibility. A motion Dy Mitchell to take Loop 288 out of the Capital Improvement Program was withdrawn. The City Attorney stated that the above three motions, following the passage of the above resolution, were out of order. The Council concurred. 5. A. The Council reviewed material pertaining to reduced parking standards for multi-family developments. Mitchell stated that it appears that we could have less parking spaces than number of apartments. Nash stated that one parking space should be adequate for a one bedroom apartment. July 19,.1977 Continued B. An ordinance was presented.to amend_~he zoning ordinance of the City of Denton, Texas by amending certain articles; providing for a severability cla~lse; and declaring an effective date. Motion was made by Nash, seconded by Gay that the ordinance be passed. On roll call vote Gay "aye", Nash "aye", Stewart "naye", Mitchell "naye" and Hughes "naye". Motion failed with three nayes and two ayes. The Council concurred to place the ordinance on the next regular agenca. 6. The following ordinance was presented: ORDINANCE NO. 77-39 AN ORDINANCE AMENDING ORDINANCE NO. 77-5 OF THE CITY OF DENTON, TEXAS BY PROVIDING CONDITIONS TO THE 157 ACRES OF LAND ANNEXED TO THE CITY OF DENTON UPON THE PETITION OF CHRISTIAN FELLOWSHIP FOUNDATION~.ING,,.AND CLASSIFIED AS A '~PD" PLANNED DEVELOPMENT ZONING DISTRICT. Motion was made by Stewart, seconded by Mitchell that the ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Mitchell "aye, Nash "naye" and Hughes "aye". Motion carried 4 to 1. 7. The Council reviewed bids for the Ruddell Street paving project for awarding contract to best bidder. Following a briefing by the Director of Community Development, motion was made by Stewart, seconded by Nash to approve the awarding of the contract to the best bidder and the mayor be authorized to sign. Motion carried. 8. The Council reviewed construction plans for the proposed trade square parking lot renovation and considered authorizing bidding when financial arrangements have been completed. The Director of Community Development gave an estimated cost of $89,053.70 and said that the cost of some type of rest shelter would vary between $500 and $3,000. The City Attorney stated that financing of the project could be with warrants or certificates of obligation, adding that the city could enter into a contract with the bank for use.orca ,portion of the parking area. Nash suggested constructing-public restrooms on the site. Motion was made by Hughes, seconded by Stewart to approve the basic parking lot plans in order to prepare bids for construction and request the staff to study the feasability of constructing a sewer line to the lot. Motion carried. 9. The Council considered a resolution establishing certain parking and signing regulations for Sherman Drive detour routes. 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 19TH DAY OF JULY, A.D. 1977. RESOLUTION WHEREAS, the City of Denton is in the process of improving Sherman Drive; and WHEREAS, it is necessary to install certain temporary traffic control devices within the City of Denton in order to insure the welfare and public safety of the traveling public; and WHEREAS, it is in the best interest of the traveling public to install temporary traffic control signs during the construction of the Sherman Drive Project; July 19, 1977 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The following traffic control devices shall be installed during the construction period and shall be removed at the end of construction: NO PARKING SIGNS Hercules Road from Sherman to Stuart Stuart Road from Sherman to Windsor Windsor Drive from Wilsonwood to-Bluebonnet STOP SIGNS Stuart Road both north and south bound traffic at Hercules. LOAD LIMIT #10,000 Hercules Road from Sherman to Stuart. PASSED AND APPROVED this the 19th day of July, A.D. 1977. /s/ ELINOR HUGHES, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /si PAUL C. ISHAM, CITY ATTORNEY Motion was made by Stewart, seconded by Hughes that the resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council considered the formation of a Charter Revision Committee. Stewart stated that he requested this matter be placed on the agenda. Motion was made by Nash, seconded by Hughes to place the matter on a study agenda. Motion carried. ll. The Council considered a staff study of the 1970 Census procedures. Stewart stated that the procedure of counting the student population should be investigated. He asked that the legal staff report to the Council on information they are able to obtain. Motion was made by Stewart, seconded by Mitchell to request the legal staff to study the 1970 census. Motion carried. 12. The Council considered setting the agenda for the July 26 Council session. Motion was made by Nash, seconded by Stewart that the following items be placed on the agenda: A. Consider proposed budgets for Joint City-County Organizations: (l) Flow Memorial Hospital (2) Emily Fowler Public Library (3) City County Health Unit (4) Home Health Care Service B. Consider priorities for 1977-78 Budget. C. Consider reduced parking standards for Multi-Family developments. July 19, 1977 Continued D. Consider method of funding Loop 288 right-of-way acquisition, and authorizing the funding. E. Consider applying for "All-America City" designation. 13. The following ordinaDce was presented: AN OR~N.~.~N,~I~,~ ~I~I~F LAND CONTINGUOUS AND ADJACENT TO THE CITY OF DEiNTON, TEXAS;,~'~"~"~HA~T OR PARCEL OF LAND CONSISTING OF 24,639.33 SQUAEE FEET OF LAND'q_YING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AhlD BEING IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 141, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; REPEALING ORDINANCE NO. 77-34; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 14. The following ordinance was presented: ORDINANCE NO. 77-41 (~ ~/V~~) 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. 14.4, BLOCK NO. 350-C 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 Nash, seconded by Mitchell that the ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 15. The Council adjourned into executive session at 8:35 P.M. to discuss personnel, land acquisition and consider board appointments. 16. The Council reconvened into public session. 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 19TH DAY OF JULY, A'.D. 1977. RESOLUTION WHEREAS, the City of Denton has passed a concurrent ordinance creating the Texas Municipal Power Agency; and WHEREAS, 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 Joe Mitchell to Place 3 for a term of one year, and Robert E. Nelson 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 i~:s passage and it is so ordered. PASSED AND APPROVED this the 19th day of July, A.D. 1977. ATTEST;~~ ELINOR HUGHES, MAYOR BROOKS~HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY July 19, 1977 Continued Motion was made by Stewart, seconded ~ Nash that the resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. The meeting adjourned at 10:45 P.M. ELINOR HUGHES, MAYOR BROOKS HOLI, ¢II¥ S[CR[I^R¥ City Council July 26, 1977 Special called joint meeting of the City of Denton City Council and the Denton County Commissioners, Tuesday, July 26, 1977 at 7:00 p.m. in the City Hall. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Council Members Nash, Stewart and Gay Gay; Acting City Manager Jack Owen, City Attorney Paul Isham, and Ci'~y Secretary Brooks Holt. County Commissioners Elbert, Switzer, Salmon, Sparks, and County Judge Trammell. 1. The Council considered the proposed 1977-78 budgets for the joint ci~;y- county organizations. A. Flow Memorial Hospital Dr. Charles Saunders, Chairman of the Flow Board, Wallace Duvall, Flow Administrator, A1 Testa, Flow Board Member and Dr. Stewart Love of the Flow Medical Staff, presented the financial needs for Flow Hospital. The request for city and county contributions was in the amount of $431,000 with the City to pay $215,b~0 and the County the same. The Mayor stated that the Council preferred a total picture before taking action. The Council concurred. B. Emily Fowler Public Library Dr. David Speck and Joella Orr reviewed the Library request for the 1977- ~8 budget of $226,086 with the City and County each contributing $113,043. C. City-County Health Unit Bud Jennings requested a budget of $189,127 with the City's share being $94,563.50. The Council and Commissioners discussed the matter, and suggested that the County towns be asked to contribute a pro-rata share of the cost of the Unit since they are receiving service from the Unit. It was suggested and concurred to by both bodies to recognize the contributions of Dr. James Jones, U~i~edica~ Di'recto~,~and that an appropriate plaque be purchased for presentation to Dr. Jones. D. Home-Health Care Service Sherril Snider of the Home-Health Cane Service requested p~yment by the City and County of $24,874 with each paying $12,437. 2. The Council considered methods of funding Loop 288 rightJof-way acquisition and authorizing the funding the amount of $250,000. The Acting City Manager stated that the City now has available a total of $758,857 for'all street ~nd drainag~ projects. DISCUSSION: Nash - I don't think we should use both bond and grant funds for Loo~. 288, and if so, construct North Loop first. Mayor - The State advises that we must construct both Loops as project. Gay - I am opposed to turning down a project where the City receives from the State 90% funding with Denton's share of 10% of the cost of the project. Motion was made by Mitchell, seconded by Gay to remove the Loop 288 project from the Capital Improvement Program and to commit funds from surplus street bond funds to fund the City's share of right-of-way purchases and to make such funds available as soon as necessary to meet the City of Denton's contractual obligations with the State. Motion carried 4 to 1. 282 July 26, 1977 Continued 3. The Council considered parking standards for multi-family developments. F~llowing a briefing by the Director of Community Development and discussion by the Council, motion was made by Stewart, seconded by Gay to accept the original recommendations of the Planning and Zoning Commission. Motion failed. Motion was then made by Nash, seconded by Mitchell to accept the revised recommendation of the staff as follows: 1.25 spaces for an efficiency unit 1.5 spaces for a one bedroom unit 1.75 spaces for a two bedroom unit 2.0 spaces for a three bedroom or larger unit Motion carried 3 to 2. 4. The Council considered priorities for the 1977-78 budget in compliance with the City Charter. Acting City Manager Jack Owen briefed the Council on the following: A. Landfill front~end money- money in budget for engineering in order to obtain permit for landfill site. B. Implement funding for Capital Improvement Plan 1977-78 as approved. This item has been discussed. C. Street repair and rehabilitation - does not fit into budget. D. Manning of the Eastside Fire Station and cost for equipment - we have proposed a fund. E. Cost of living raise for employees - anticipate 5% raise of gross salary to begin on January 1st out of contingency funds. F. School Guards - City to pay 75% of cost this year and 50% next year. One hundred per cent cost of school guards now in proposed 1977-78 budget. G. Sell Old Post Office Building and saleable tracts of land - the Mayor suggested that the Community Development Department compile an inventory of saleable land. The Council concurred. H. Study use of vehicles - no funding required. I. Long range water supply - City has funds for long range water supply study. J. Planning'funds only for downtown improvements - no funds included. K. Review of all City insurance - this is a vital matter. City Attorney to take initiative for an insurance analysis. L. Problems with Animal Control Center - Council is aware of problems. M. Sound system - cost of $6,000 to $8,000 plus $1,500 for a recorder. N. Changing of seats in Council Chambers - estimated cost of $7,200. Council indicated implementing items M. and N. O. Revenue Shari'ng TOTAL FUNDS AVAILABLE: $1,025,821 P~pPOSED EXPENDITURES: Contribution to General Fund in Lieu of 6% $319,369.- proposed revised Transfer from Water and Sewer Fund 76-77 budget July 26, 1977 Continued Flow Hospital $214,500 - proposed 77-78 budget East Side Fire Station $ 13,000 - proposed 77-78 budget Airport $ 49,500 - proposed 77-78 budget Envelope Stuffer $ 17,101 - proposed revised 76-77 budget Fire Truck $ 75,672 - proposed 77-78 budget TOTAL EXPENDITURES $689,142 BALANCE AVAILABLE FOR CIP ~OR .. ~ $336,679 1977-81 5. The Council considered applying for "All-America City" designation. King Cole, Assistant to the Manager, reviewed the requirements and read resumes of activities of Texas cities who had been awarded the designation. The Council indicated that they would not apply this year. 6. The Council adjourned into executive session at 10:50 p.m. to discuss personnel and consider board appointments 7. The Council reconvened into public session at 11:33 p.m. Motion was made by Gay, seconded by Mitchell that the following board members be appointed. DENTON HOUSING AUTHORITY Charles Valdez SPECIAL BOARD FOR REHABILITATION OF HOUSING Charles Hopkins Roger Shipman Mike Gregory Jimmy Brown The fifth member is to be appointed from the'~inancial institution a~arded bid for financing of the program. Motion carried. Meeting adjourned at 11:35 p.m. ~ ~, MAYOR ' 84 Municipal Building August 2, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, August 2, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Gay and Nash; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt~ 1. Motion was made by Mitchell, seconded by Stewart that the minutes of the Regular Meeting of July '19, 1977 and the Special Called Meeting of July 26, 1977 be approved with changes that the City Secretary had made prior to this meeting to the minutes of July 26, 1977. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1304, the petition of Ms. Morelle Miller, requesting a change 'in zoning from Single Family (SF-7) to Office (0) classification on a lot at 1811 Bolivar Street. This City Lot is #5, Block 439. After hearing 1 proponent and none in opposition and a report from the Director of Community Development, motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. (B) A public hearing was held on Z-1305 and S-142, the petition of Mrs. Ken Kindred, requesting a change in zoning from Office (0) to Neighborhood Service (NS) classification at 1835 N. Locust Street and a specific use permit to operate an antique shop at this location. This tract is City Lot 5, Block 412. After hearing 1 proponent and none in opposition and a report from the Director of Community Development that 15 letters were mailed with 5 in favor and none in opposition, and a suggestion that two motions be made on this particular petition: motion was made by Gay, seconded by Nash to grant a change in the zoning to Neighborhood Service (NS). Motion'carried. Motion was made by Mitchell, seconded by Gay that a Specific Use Permit be granted with the following conditions: I l) The antique shop shall be limited to the existing buildings. 2) The maximum sign size shall be twenty-five (25) square feet. (3) If the present owner sells the property, the specific use permit shall cease and the property would simply retain the Neighborhood Service (NS) classification. Motion carried. (C) A public hearing was held on Z-1306, the petition of Mr. L. A. Nelson ~nd M~ Robert J~n~s, requesting a change in zoning from Multi-Family (MF-'~'~'~'r~ra~R)~ classification at 2535 Prairie Street. This is City Lo~, Block 3030. After hearing 1 proponent and none in opposition and a report from the Director of Cammunity Development that the Planning and Zoning Commission had voted 2 in favor, 2 in opposition and 1 abstaining, Which resulted in no recommendation, motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. (D) A public hearing was held on S-141, the petition of Mr. Den U~ton, requesting a specific use permit to operate a restmurant with drive-in service on a lot zoned General (GR) at 901 W. University. This is City Lot 5.2, Block 450. After hearing 1 proponent and none in opposition and a report from the Director of Community Development that 14 letters were mailed but none returned, motion was made by Stewart, seconded by Mitchell that the petition be approved. Motion carried. August 2, 1977 Continued 3. The Council considered bid for the Audra Lane water line. Motion was made by Mitchell, seconded by Stewart that the bid be awarded to Jay-Mar, Inc., in the amount of $45,210.00 and the Mayor be authorized to sign the contract. Motion carried. 4. The Council considered bids for the East Side Fire Station. Gerald Stone, Architect, advised that the cost of the building had escalated due to HUD labor cost requirements. He reviewed the alternates that were presented by each bidder. It was recommended by the Staff t~ accept alternate #1, asphalt pavement, alternate #3, deletion of flagpole and alternate #4, rejection of gas heating, with a combined savings in cost of $4,826, and that alternate #6, steel lockers, and alternate #7, kitchen appliances be accepted at an increased cost of $1,495. Motion was made by Nash, seconded by Gay to award the contract to the low bidder, Pierce-Moore, at a bid of $200,015 with the alternates as recommended by the Staff, to authorize the Mayor to sign the contract and to appeal the wage scale set by HUD Motion carried 4 to 1 Pierce-Moore requested the appeal to HUD not be drawn out to the detriment of the contract. 5. The following Ordinance was presented: ORDINANCE NO. 77-42 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING CERTAIN ARTICLES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "nay", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 6. The Council considered a request for State Aid, Texas Airport Aid Program, from the Texas Aeronautics Commission. King Cole, Assistant To The City Manager,. stated that the Commission recently advised that they were ready to receive requests for State Aid for the fiscal year 1977-78, adding that the requested funding for 1977-78 from all sources is as follows: Federal Aviation Administration $453,375 Texas Aeronautics Commission 25,187 City of Denton 25,188 $503,750 Motion was made by Nash, seconded by Stewart to approve the City requesting aid from the Texas Aeronautics Commission. Motion carried. 7. The Council considered an annexation ordinance on the petition of North Texas Savings, Denton Christian Church and the Noon Optimist Club annexing 26.59 acres of land. Motion was made by Nash, seconded by Mitchell to table the matter until the next Council Meeting. Motion car~kd. 8. The Council considered approval of the Consent Agenda CONSENT AGENDA Each item is recommended by the Staff and approval is strictly on the basis of the Staff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item. August 2, 1977 Continued Motion was made by Nash, seconded by Mitchell that the Consent Agenda be approved: (A) REFERRALS: The following two petitions to be referred to the Planning and Zoning Commission for its recommendations: (1) Z-1307, the petition of Mr. Tom Hastings, requesting a change in zoning from Agricultural (A) to Multi-Family (MF-1) classification on 35.646 acres located west of Highland Park Road and south of Willowwood. This tract is designated as City Lot 4, Block 3037. (2) Z-1308, the petition of Greater Denton Industries, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on a 20 acre tract located on the east side of Loop 288, south of Russell-Newman. This tract is a portion (800' x 1089") of City Lot 5B, Block 187-2. (B) BIDS: #8491 Envelope Inserting Machine Award the bid to Pitney-Bowles, Inc. of Fort Worth, Texas, the only bidder, for the net amount of $17,101. This amount includes the printing and sealing head which is necessary for one-time handling of the mailing. The Pitney-Bowles model 3144 is compatible with the present Pitney-Bowles mailing equipment. Motion carried. 9. Motion was made by Nash, seconded by Stewart to apply for funds for weatherizing certain homes within the City of Denton. Motion carried. 10. The Council considered the agenda for the August 9, 1977 meeting. Motion was made by Nash, seconded by Mitchell that the following items be placed on the August 9, 1977 Agenda: (A) Consider the proposed 1977-1981 Capital Improvements Program. (B) Consider requesting Highway Department to construct north section of Loop 288. (C) Consider a Resolution revoking the agency agreement with Aerosmith Denton Corporation. Motion carried. 11. The Council adjourned into Executive Session at 8:05 p.m. to discuss personnel and land acquisition and to consider Board appointments. 12. The Council reconvened into Public Session at 9:55 p.m. Motion was made by Gay, seconded by Mitchell that the following Board appointment be made: REAPPOINTMENT Bill Kamman Planning and Zoning Commission Motion carried. Meeting adjourned at l0 p.m. ~ ~ MAYOR CItY SECRETARY City Council August 9, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, August 9, 1977 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Airport Board: Chairman Reed, Members Vela, Wright, Crouch and Walston ABSENT: Airport Board: Moorehead and Hundley 1. The Council considered a Resolution revoking the agency agreement with Aerosmith Corporation. The Mayor opened the meeting and introduced Wally Reed, Chairman of the Airport Board. Mr. Reed stated that the Ad Hoc Committee appointed by the Board did an excellent job in studying the contract, and the Board felt that the airport should have a fixed based operator and that the City should hire a full time airport manager, adding, however, that the Board, after studying the Ad Hoc Committee~ Recommendation was not sure that the change should be made at the present time, particularly since Denton Aerosmith had not had an opportunity for rebuttal. Board Member Wright stated that there was a motion to form a continuing Ad Hoc Committee to keep the Airport Board advised relative to an Airport Manage- ment Plan. Council Member Stewart, former Chairman of the Airport Board, stated that in 1975 the Board endeavored to write a contract, but did not know how, and that they did see the need for a study, however. He stated that he had asked for a Committee with 2 members on the Airport Board and 3 that were not, plus 1 member appointed by Denton Aerosmith. Board Members conferred with airport people at Norman, Oklahoma, Austin, Tyler and Meacham Field so that a study could be initiated. Bob Henderson, Manager of the Norman Airport, described the operations there and concluded by stating that the problem in Denton is management by committee rather than by one capable man as Airport Manager. He concluded by saying that a good Airport Manager would require a salary of $24,000 a year. Both Jim Horn and Mr. Smith of Denton Aerosmith, indicated concern that there was not adequate water and sewer facilities at the Airport, that they were not against hiring a Manager but at present this person would have little to do. Motion was made by Nash, seconded by Mitchell to table the matter until the Council receives a final recommendation from the Airport Board. Motion failed. Acting City Manager Jack Owen stated that he could see advantages of an Airport Manager in the future, but at present there were no funds available. Board Member Crouch stated that with airport expansion, industry would come, but that the Airport must have utilities and the proposed improvements to attract industry. Motion was made by Nash, seconded by Gay to refer the matter back to the Airport Board. Motion carried 4 to 1. 2. The Council considered requesting the State Highway Department to construct the north section of Loop 288. Acting City Manager Jack Owen stated that when he, Mayor Hughes and Mayor Pro Tem Mitchell met with Mr. Keller and other State Highway Department people, they advised that the next step for Denton was to request funds for August 9, 1977 Continued right-of-way only, and that there would probably not be more construction funds for right-of-way for two or more years, that the north and south Loops were considered one project and that the project costs were as follows, with the City to pay 10% of right-of-way costs: North Loop--$14,000,O00 for construction $1,400,000 for right-of-way South Loop--$6,100,O00 for construction $500,000 for right-of-way Owen pointed out that there must be an environmental impact study for each Loop, as well as a noise study, and that no right-of-way can be purchased until right-of-way maps are completed. The Mayor advised that the Highway Department people said that there was no chance for construction money for more than two lanes for the Loop. Motion was made by Nash, seconded by Stewart to request the State to construct the North Loop first if the City of Denton has that choice. Motion carried. 3. The Council considered the 1977-81 Capital Improvements Program. The Director of Community Development stated that deletions to the original program were made, including deletion of the Loops in the Capital Improvements Program, and deletion of funds from drainage and several street projects. He stated that bond issues must designate projects. Motion was made by Hughes, seconded by Nash to adopt the Capital Improvements Program in its revised form, with a request that the Planning and Zoning Commission review the program and consider adding a year and as a priority to include Bonnie Brae from Scripture to University Drive (the funding schedule for the Capital Improvements Program is as follows: 1976 - 77 Windsor Drive paving - Bell to Stuart $ 143,700 Bonnie Brae paving - University to Windsor 60,000 Intersection improvement - Ruddell & University 35,000 Intersection improvement - Paisley & Audra Lane 70,000 TOTAL $ 308,700 1977 - 78 Bonnie Brae paving - 1-35 to Scripture $ 350,000 East McKinney Street paving - Bell to Jannie 346,000 Central Fire Station 450,000 Municipal Warehouse (1/2 funding from Utility Department) 100,000 Animal Shelter at new location 60,000 General Sidewalk Construction 150,000 Avenue E paving - 1-35 to Oak N.T.S.U. Funds TOTAL $1,456,000 1978 - 79 Intersection Improvement - Dallas Drive - Teasley $ 68,000 Robertson Street underpass 300,000 General Airport improvements 84,600 Expansion of Emily Fowler Library 650,000 General drainage improvements 250,000 TOTAL $1,352,600 August 9, 1977 Continued 1979 - 80 Windsor Drive paving - Locust to Hinkle $ 330,000 Carroll Boulevard paving - Northridge to Sanger Road 6,000 Bell Avenue extension to Mingo Road 60 000 Eagle Drive renovation 75.000 General Airport improvements 106.000 Municipal Service Center Addition 170 000 General Drainage improvement 350.000 Addition to Civic Center Building 60.000 Renovation of City Hall (west wing) 50 000 Land acquisition for Neighborhood Parks 100,000 TOTAL $1,307,000 1980 - 81 General Airport improvements $ 78,3C0 Police Administration Building 650,000 General Drainage improvements 280,000 TOTAL $1,008,30~ TOTAL ALL PROJECTS GENERAL OBLIGATION FUNDING $5,432,600 Motion carried. 4. The Council adjourned into Executive Session at 9:50 p.m. to discuss personnel, consultation with Attorney on pending litigation--Taxpayer's Association of Grimes County vs. TMPA and consider a Resolution requesting District Court of Grimes County to expedite a lawsuit against TMPA and authorize the City Attorney to take such action as necessary. 5. The Council reconvened into Public Session at 10:32 p.m. The following Resolution was presented: A RESOLUTION BY THE~OI~¥~COUNCIL OF .THE~OF DENTON, TEXAS ("CITY") REQUESTING THE DISTRICT COURT OF GRIMES COUNTY, TEXAS, AND ANY APPELLATE COURTS WHICH MAY HAVE JURISDICTION TO EXPEDITE A SUIT BROUGHT AGAINST THE TEXAS MUNICIPAL POWER AGENCY BY A GROUP CALLED THE GRIMES COUNTY TAXPAYERS ASSOCIATION AND AUTHORIZING THE CITY ATTORNEY TO TAKE SUCH ACTION AS MAY BE APPROPRIATE, INCLUDING INTERVENTION IN SAID SUIT, TO ACCOMPLISH SAID PURPOSE. WHEREAS, on July 25, 1977, the State of Texas, on relation of a group calling itself the "Grimes County Taxpayers Association" filed suit in the 12th Judicial District Court of Grimes County, Texas, being Cause No. 22,648, against the Texas Municipal Power Agency ("TMPA"), and WHEREAS, this City was one of four cities which passed concurrent ordinances on July 18, 1975, creating the TMPA, and WHEREAS, it is essential to the future electric energy needs of this City that the TMPA complete its plans to furnish electricity to this City, since the existing gas-fired units of this City will begin to be phased out in 1981 by order of the Railroad Commission of Texas, and since the lignite pland being built by TMPA in Grimes County will provide electricity to this City, and WHEREAS, the TMPA has sold $50,000,000.00 in bonds, and entered into contracts for equipment or land ultimately involving payments in excess of $106,000,000.00 to help meet the future electric energy needs of this City, and WHEREAS, it is essential that the TMPA be able to sell additional bonds in order to continue its plans to provide electricity to this City and to continue with its lignite plant and it will not be possible to proceed with the selling of said bonds until the courts decide the issues raised in this lawsuit. 290 August 9, 1977 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the above recitals are true and correct; 2. That it is the official request of this City Council, on behalf of the City of Denton, Texas, and its 46,000 inhabitants, that the District Court of Grimes County, Texas, and any appellate courts which may have jurisdiction, advance the case styled State of Texas, plaintiff, and Grimes CountS Taxpayers Association, et al, relators, v. Tex~s Municipal poWer Agency on their dockets and decide the issues raised in said suit as quickly as is consistent with affording justice to the parties. 3. That the City Attorney is hereby authorized to take such action as may be appropriate, including intervention in said suit to accomplish said purpose, and any action of the City Attorney heretofore taken in intervening therein is hereby ratified, confirmed and approved. PASSED AND APPROVED this 9th day of August, 1977. /s/ MAYOR ATTEST: /s/ CITY SECRETARY Motion was made by Mitchell, seconded by Stewart that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. Meeting adjourned at 10:35 p.m. MAYOR' City Council August 10, 1977 Emergency Called Meeting of the City Council of the City of Denton, Texas, Wednesday, August 10, 1977 at 4:30 p,m. in the Conference Room of the City Manager's Office in the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash and Gay. ABSENT: Member Stewart 1. The Council held an Executive Session to consider appointment of a City Manager. 2. The Council convened into Public Session at 5:25 p.m. The Mayor announced that Mr. G. Chris Hartung, Assistant City Manager of Garland, Texas, was selected unanimously as City Manager of the City of Denton effective September 19, 1977 . Meeting adjourned at 5:30 p,m. MAYOR CITY SECRETARY 292 City Council August 16, 1977 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, August 16, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Members Stewart, Nash and Gay; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Hughes and Mayor Pro Tem Mitchell. Council Member Stewart was elected Chairman of the Meeting. 1. Motion was made by Gay, seconded by Nash that the minutes of the Regular Meeting of August 2, 1977, the Special Called Meeting of August 9, 1977 and the Emergency Called Meeting of August 10, 1977 be approved. Motion carried. 2. Acting Chairman Stewart presented a plaque to Robert Pitcock, who retired from the City of Denton Fire Department after 29 years of service. Fire Chief Jack Gentry then presented a framed gold badge to Mr. Pitcock in behalf of the members of the Denton Fire Department, 3. The Council considered bids on the City of Denton City Depository. Acting City Manager Jack Owen advised that the Citizens National Bank had withdrawn their bid for depository for City funds and recommended that The First State Bank be approved as the City depository, since the only other bidder had withdrawn. Motio~s G~~ d by Nash to accept the bid of The First State Bank of D[~a~con as the depository for City funds. Motion carried. 4. Patrick Norris and Steve Dills appeared before the Council to request permission to paint house numbers on curbs of City §treets. Motion was made by Nash, seconded by Gay to approve the request of Patrick Norris and Steve Dills to paint house numbers on curbs of City streets. Motion carried. 5. Mr. Kenneth Knowles who was scheduled to appear before the Council to request permission to locate bench advertising in the City of Denton did not appear. The City Attorney stated that Mr. Knowles advised that he would be able to attend the meeting of September 6, 1977. The Council discussed the matter and decided that it would not be necessary for Mr. Knowles to appear. Motion was made by Nash, seconded by Gay to deny Kenneth Knowles permission to place benches on City property and right-of-way in Denton, but to grant him adequate time to remove these benches. Motion carried. 6. The Council considered Q-6, the petition of Mr. Tom Jester, requesting the quit claim Of an alley in the Sherwood Forest Addition. After a briefing by the Director of Community Development, motion was made by Nash, seconded by Gay to approve the requested Quit Claim Deed and to authorize the Mayor to sign. Motion carried. 7. The Council considered an Ordinance annexing 26.59 acres located north of Sanger Highway and belonging to Denton Christian Church, North Texas Savings and Loan and the Noon Optimist Club. Motion wss made by Nash, seconded by Gay that the Ordinance be passed. On-roll call vote Gay "aye", Nash "aye" and Stewart "aye". Motion carried. The City Attorney advised that it will require 4/5 of the Council to approve this annexation Ordinance. Motion was then made by Nash, seconded by Gay to rescind the first motion approving the Ordinance and to table action on the Ordinance until 4/5 of the members are present. Motion carried. August 16, 1977 Continued 8. The Council received a recommendation from the Citizens Traffic Safety Support Commission concerning traffic control at the intersection of Eagle Drive and Avenue A. The Director of Community Development recommended that a light be installed at the requested location and that spare equipment can be installed at this location. Motion was made by Gay, seconded by Nash to approve the installation of a traffic light at the intersection of Eagle Drive and Avenue A. Motion carried. 9. The Council considered setting a public hearing on the City of Denton's Annual Budget for fiscal year 1977-78 and the proposed use of Revenue Sharing Funds for fiscal year 1977-78. Acting City Manager Jack Owen recommended that the public hearing be set for September 13, 1977. Motion was made by Nash, seconded by Stewart to set the public hearing on the City of Denton's Annual Budget for fiscal year 1977-78 and the proposed use of Revenue Sharing Funds for fiscal year 1977-78 for September 13, 1977. Motion carried. 10. The Council considered Board appointments. Motion was made by Nash, seconded by Gay to appoint Mayor Elinor Hughes and Mayor Pro Tem Mitchell to the Regional Transportation Policy Advisory Committee. Motion carried. 11. The Council considered setting the agenda for the August 23rd City Council Meeting. Council Member Nash suggested waiting until Mayor Hughes and Mayor Pro Tem Mitchell return from their vacations. Motion was made by Nash, seconded by Gay to defer the matter until the Mayor and Mayor Pro Tem return. Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 77-43 (Morelle Miller) 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 5, BLOCK 439, 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 Gay, seconded by Nash that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye" and Stewart "aye". Motion carried. 13. The following Ordinance was presented: ORDINANCE NO. 77-44 (Mrs. Ken Kindred) 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 5, BLOCK 412, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Gay "aye", Nash'"aye" and Stewart "aye". Motion carried. August 16, 1977 Continued 14. The following Ordinance was presented: ORDINANCE NO. 77-45 (L. A. Nelson & Robert W. Jones) 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 1, BLOCK 3030, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Gay "aye", Nash "aye" and Stewart "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 AUGUST, A.D. 1977. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas passed a "Cable Television" Ordinance on June 21, 1977; and WHEREAS, Section 27-50 of that Ordinance provides for the establishment of a CATV Advisory Board; and WHEREAS, the City Council now desires to create and establish a CATV Advisory Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: (1) That a "CATV Advisory Board" for the City of Denton is hereby established pursuant to Section 27-50 of Ordinance No. 77-35 "Cable Television"; and the Board shall perform those functions enumerated in the Ordinance. (2) The City desires to have some members on the Board that have expertise in regards to cable television; and, therefore, it may be advisable to appoint members to the Board that are not citizens of the City of Denton. However, at least three of the five members shall be citizen~ of the City of Denton. (3) The City Manager or Acting City Manager shall within forty-five (45) days after the passage of this resolution convene an organizational meeting of the Board, and at such meeting the Board shall select from its own membership a chairman and vice-chairman. Any three of the regularly appointed members shall constitute a quorum. The Board shall determine its own rules and orders of business. "" PASSED AND APPROVED this the 16th day of August, A. D. 1977. /s/ ELINOR HUGHES, 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 Nash, seconded by Gay that the Resolution be passed. On roll call vote Gay"aye", Nash "aye" and Stewart "aye". Motion carried. August 16, 1977 Continued 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 AUGUST, 1977. R E S'O L U T I 0 N WHEREAS, a need exists within the Police Department of the City of Denton for a Document Storage and Retrieval System; and WHEREAS, 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 CITY 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 a Document Storage and Retrieval System for the Denton Police Department. PASSED AND APPROVED this the 16th day of August, 1977. Is~ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: -.. ~si PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Gay that the Resolution be passed. On roll call vote Gay "aye", Nash "aye" and Stewart "aye". Motion carried. 17. The Council considered the Consent Agenda. Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with staff recommendation. Motion was made by Gay, seconded by Nash to approve the following Consent Agenda: (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) S-143, the petition of Mr. Larry Wheeler, requesting a specific use permit to operate a half-way house for the treatment of alcohol and drug abusers at 1615 North Locust in an Office (0) zone. This is City Lot 15, Block 412. (2) Z-1309 and Z-1310, the petition of Mr. Harry Down, requesting two zoning changes on approximately 32.8 acres located on the east side of Woodrow Lane, beginning approximately 1100 feet south of McKinney Street. (a) Z-1309--a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 4.4 acres on Woodrow Lane; and (b) Z-1310--a change in zoning from Agricultural (A) to Planned Development (PD) classification on the remaining 28.4 acres August 16, 1977 Co:htinued (B) BIDS: (1) #8502 Steel Bridge Plankiog for bridge on Mingo Road Awarded to Bethlehem Steel at $3,601.20, FOB Denton. (C) PURCHASE ORDERS: Payment approved to Utility Equipment Company of Oklahoma in the amount of $6,374.37 to repair the Pitman Hostick unit by repairing the broken boom, replacing upper boot, repairing hydraulic cylinder and replacing hoses. Motion carried. 18. The Council adjourned into Executive Session at 7:35 p.m. to discuss land acquisition and personnel. 19. The Council reconvened into Public Session at 7:55 p.m. to announce that no official action was to be taken. Meeting adjourned at 7:57 p.m. MAYOR City Council August 24, 1977 Emergency called meeting of the City Council of the City of Denton, Texas, Wednesday, August 24, 1977 at 5:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: Acting City Manager Jack Owen and City Secretary Brooks Holt. 1. The Council considered authorizing the Mayor to sign an application for a permit for a sanitary landfill to be submitted to the Texas Department of Health Resources. Mayor Pro Tem Mitchell briefed the Council on the application for a permit for a sanitary landfill. He explained that the City Council and the Landfill Committee had previously agreed on a landfill site, and after core testing and other engineering testing the proposed landfill site has proven to be adequate for our needs. Mitchell further explained that the site would be announced on ThursdaY, August 25, 1977. Motion was made by Nash, seconded by Stewart to authorize the Mayor to sign an application for a permit for a sanitary landfill to be submitted to the Texas Department of Health Resources. Motion carried. Meeting adjourned at 5:45 p.m. MAYOR ASSIS?ANT CITY SECRETARY City Council August 30, 1977 Special called joint meeting of the City Council of the City of Denton, Texas, Tuesday, August 30, 1977 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Hughes, Members Stewart, Gay and Nash; Acting City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. Parks & Recreation Board: Chairperson Cheek, Members Logan and Wright ABSENT: City Council: Mayor Pro Tem Mitchell and City Secretary Brooks Holt Parks & Recreation Board: Members Bailey and Teaff 1. Norman Hatfield, Architect, made a presentation to the Council and the Parks and Recreation Board on the design and cost estimates for the two recreation centers. He reviewed changes in the centers since his last presentation. He stated that he wanted the City Council to make a decision as to the status of the projects. He also said that the biggest problem is that they are about $80,000 over estimates. Councilman Nash asked if it would not be about $100,000 over the estimates with the architect's fee added. Hatfield stated that the original $300,000 estimate did not have the architect's fee in it either. Parks and Recreation Director Dick Huck then explained that the architect fee was allocated in a separate area of the,bond funds which is for architect and engineering fees throughout the Park bond projects. The discussion then centered around possible funding sources out of other Park bond fund areas. Councilman Nash stated that he would like to just build the recreation center for Denia Park. Mayor Hughes asked why. Na~h replied that the proposed recreation center for North Lakes Park was too small a building for the size park it was. Councilman Stewart suggested bidding them both to see if on a combined bid they might not come in at the original $600,000 estimated cost. Motion was made by Ga~, seconded by Stewart that the design of the recreation centers be accepted subject to the bids. Motion carried. 2. Miller Davidge, Chairman of the Denton Housing Authority, made a presentation on a proposed Policy Statement letter to HUD from the Denton Housing Authority and City of Denton regarding Dreamland Apartments. Theletter is as follows: PREAMBLE Since the meeting of the Denton Housing Authority on August 3, 1977 attended by four City Councilpersons, members of the City Staff and interested citizens, there have been conversations regarding our options in regard to Dreamland Apartments. The concensus of opinion seems to be reluctance to obligate the City in this venture. Further, there is the prevailing feeling that HUD has not and to this point is choosing not to take responsibility. While the City has a concern for housing, the question of prime responsibility for the present condition of Dreamland appears to be more HUD's. In light of the above, the following is a position statement which is presented to the City Council for advice and consent. August 30, 1977 Continued Department of Housing and Urban Development 2001 Bryan Tower Dallas, Texas Attention: Mr. Vernon Roper and Mr. Elroy Fleiller Subject: Dreamland Apartments Gentlemen: The City Council and the Denton Housing Authority have investigated in depth the offer to purchase Dreamland Apartments from NUD. The study included an assessment of the structure of the apartment units as to present condition and durability, an investigation of the avenues for securing rehabilitation funds, ways of providing competent management, and an evaluation of the need for housing in Denton, The rehabilitation funds provide the greatest obstacle, and would require the City to obligate its citizens for an amount in excess of $1,000,000.00 to restore the units to standard condition. Since the citizens of Denton have already seen the investment of their tax monies fail to provide long-term housing, it is very unlikely that they would support an additional indebtedness for restoration. The result of this would leave the City of Denton in possession of substandard apartments which would serve no interest and alleviate no need. The problem is primarily one of securing rehabilitation monies. Our assessments indicate that the units are structurally sound and with less cost than new construction could be restored to standard housing. It is also our opinion that with proper management and social support programs, the units could serve as adequate housing for the citizens of our community while.meeting other needs related to low income. If our assessment is accurate, the issue is one of finding funds to rehabilitate and who has the prime responsibility for finding these funds. It is our position that HUD has prime responsibility for the following reasons: 1. HUD approved the site, site plans and building plans. 2. The units were built with federally insured monies under the supervision of HUD. 3. HUD subsidized occupied units which were supposed to be retained in standard condition. 4. HUD had responsibility for evaluating the management of the units. The City of Denton had no control over the events and practices which resulted in the present condition of Dreamland, and while the City has responsibility for housing, it cannot be held responsible for this situation. We also understand that the responsibility of HUD for the units is historical and can legally be removed by selling Dreamland, We raise the issue of moral responsibility to the citizens of Denton. Thus, it is our position that HUD should find some way to restore the units to standard housing, or to restore the neighborhood to its original condition by demolishing the units, While the latter will not meet our housing needs, it will remove a blight from our community. The City of Denton is interested in working with the HUD office in Dallas in finding a way to restore the units. We would support your office in an appeal to the HUD office in Washington for special funding for Dreamland including purchase, rehabilitation and a strong social program. Iq this is not possible we would like to be considered for family units to aid in meeting our housing needs. The Council then discussed possible changes that would give the letter a more positive sound in requesting that particular action in regard to Dreamland be taken by HUD. August 30, 1977 Continued Motion was made by Stewart, seconded by Gay that the Policy Statement letter be accepted with the following changes in the next to the last paragraph so as to read: "Thus, it is our position that HUD should find some way to restore the units to standard housing or to restore the occupied units to standard condition. In their present condition these units are a blight to our community". Motion carried. 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 30TH DAY OF AUGUST, A.D. 1977. .~ ~ R E S O L UT I O N WHEREAS, it is necessary for the City of Denton to secure another sanitary landfill site in order to dispose of the garbage and trash of its citizens and the citizens of surrounding Denton County communities; and WHEREAS, the City has hired consulting engineers to determine and recommend a suitable site for such landfill; and WHEREAS, it has been determined that a 219.8 acre tract out of 623.979 acres located in the J. Cheek Survey, Abstract 227, V.E. Gailor Survey, Abstract 452, J. Clark Survey, Abstract 741, Seth Morris Survey, Abstract 869, E. Myers Survey, Abstract 871, and H. B. Williams Survey, Abstract 1417 is the best possible site for such landfill; and WHEREAS, the City of Denton seeks a permit from the Texas Department of Health Resources for the operation of a sanitary landfill on the above site even though the City does not presently own or have an option to purchase the above tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton shall purchase, lease or condemn the above described 219.8 acre tract of land if the same is permitted by the Texas Department of Health Resources for a sanitary landfill site. PASSED AND APPROVED this the 30th day of August, A. D. 1977. /s/ ELINOR HUGHES, 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 City Attorney Paul Isham explained the reason for the Resolution. He stated that this Resolution was an assurance to the Texas Department of Health Resources pledging that the City of Denton would take the necessary action to either buy, lease or condemn the proposed piece of property for the Sanitary Landfill if permitted. After the Attorney's presentation and hearing two citizens speak, motion was made by Gay, seconded by Nash that the Resolution be passed. On roll call vote Nash "nay", Stewart "nay", Gay "aye" and Hughes "aye". Motion failed. August 30, 1977 Continued 4, A presentation was made by King Cole, Assistant to the City Manager, and representatives of Shimek, Jacobs and Finklea regarding plans and specifications for improvements at the Denton Municipal Airport. No official action was taken. 5. Bob Nelson, Director of Utilities, explained the requested purchase of 8,000 barrels of No. 2 diesel oil in conjunction with the City of Garland t¢, be stored at the Caddo Mills facility in the amount of $113,400. Motion was made by Nash, seconded by Stewart to approve the purchase in the amount of $113,400. Motion carried. 6. The Council adjourned into Executive Session at 9:00 p.m. to discuss personnel and land acquisition. 7. The Council reconvened into Public Session at 9:30 p.m. Motion was made by Stewart, seconded by Nash that the following members be appointed to the CATV Advisory Board: Richard Ray Leonard Grafa Ed Glick Ed Morrison Jerry Borchardt Motion carried. Meeting adjourned at 9:40 p.m. MAYOR ASSISTANT CITY SECRETARY 3o2. City Council September 6, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, September 6, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Nash that the minutes of the Regular Meeting of August 16, 1977, the Emergency Called Meeting of August 24, 1977, and the Special Called Joint Meeting with the Parks Board on August 30, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1308,,the petition of Greater Denton Industries: Inc., requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on a 20 acre tract located on the east side of Loop 288, south of Russell Newman Manufacturing Company. This is a portion of ~ty Lot 5-B, Block 187~2. 'After hearing 1 proponent and none in opposition and a report from the Director of Community Development, motion was made by Mitchell, seconded by Stewart that the petition be approved. Motion carried with 4 in favor and Gay abstaining. (B) A public hearing was held on Z-1309 and Z-1310, the petitions of Mr. Harry Down, requesting two zoning changes: (1) Z-1309, change in zoning from Agricultural (A) to Light Industrial (LI) classification on a 4.4 acre tract located on the east side of Woodrow Lane, beginning approximately 1100 feet south of McKinney; and (2) Z-1310, a change in zoning from Agricultural (A) to Planned Development (PD) classification on a 28.4 acre tract located adjacent and east of property in Z-1309. A~t~r~hearin~ i~sp~ in favor and none in opposition and a report from the Director of Community Development that 7 letters were mailed with 2 in favor and none in opposition, Motion was made by Mitchell, seconded by Nash that Z-1309 and Z-1310 be approved. Motion carried. (C) A public hearing was held on S-143, the appeal of Mr. Larry Wheeler, rqquesting a specific use permit to operate a halfway house for the treatment of alcohol and drug abusers at 1615 N. Locust in an Office (0) zone. This is City Lot 15, Block 412. After hearing 1 proponent and 4 opponents and a report from the Director of Community Development that 14 letters were mailed with 7 in opposition and 1 in favor, motion was made by Nash, seconded by Gay that the petition be denied. Motion carried. (D) A public hearing was held on Z-1307, the petition of Mr. Tom Hastings, requesting that a 35 acre tract located on Highland Park Road be changed from Agricultural (A) to Planned Development classification for duplex and Multi-family use. After hearing 1 speak in favor and 10 in opposition and a report from the Director of Community Development that 17 letters were mailed with 3 in favor and 7 in opposition, and that the Planning and Zoning Commission voted to approve the petition by a vote of 5 for and 2 against, motion was made by Nash, seconded by Stewart that the petition be denied. Motion carried 4 to 1. (E) A public hearing was held on Q-5, the petition of the First United Methodist Church, requesting the quit claim of a 310' portion of Austin Street, located between East Mulberry and East Sycamore Streets. After hearing 4 speak in favor and 4 in opposition and a report from the Director of Community Development that the petition was approved by the Planning and Zoning Commission with 4 in favor, 2 in opposition and 1 abstaining, motion was made by Mitchell, seconded by Gay that the petition be approved. Motion carried 4 to 1. September 6, 1977 Continued (F) A public hearing was held to consider an amendment to the FY76 Community Development Grant budget. No one in the audience spoke relative to the matter and the Director of Community Development recommended approval. Motion was made by Nash, seconded by Stewart to approve an amendment to the FY 76 Community Development Grant Budget to transfer funds. Motion carried. 3. Reading of a proclamation proclaiming September 18, 1977 through September 23, 1977 as Denton Public Schools Volunteer Week was postponed since no one was present to receive it. 4. The Council considered increasing the tax exemption for homeowners 65 and over to $9,000. Following a discussion in which impact on the budget was a matter of' concern, motion was made by Nash, seconded by Gay to grant citizens over 65 a $9,000 tax exemption. Motion failed. Motion was then made by Stewart, seconded by Nash to grant people over 65 a $6,000 tax exemption. Motion carried with 4 in favor and Gay abstaining. 5, Miller Davidge, Chairman of the Community Appearance Committee of the Chamber of Commerce, appeared before the Council and presented recommendations on Denton's appearance. The Mayor commended Mr. Davidge and his Committee for the thoroughness of the Committee's report. Mayor Pro Tem Mitchell requested that the Staff report to the Council on the feasibility of the recommendations presented. Motion was made by Mitchell, seconded by Gay to cooperate with the Committee on the clean-up program and to authorize a gift of the flag pole at the old Post Office for use by the Chamber of Commerce at their building. Motion carried. 6. Frank Atkins of the Chamber of Commerce presented the proposed Convention and Visitors Bureau Budget for April 1, 1977 through March 31, 1978 in the amount of $45,000. No official action was taken. 7. The Council considered a Resolution relating to the creation, organization and reorganization of a non-profit corporation for the purpose of financing student loans. The following Resolution was presented: A Resolution by the City Council of the City of Denton, Texas, relating to the creation organization and reorganization of a non-profit corporation for the purposes of financing student loan notes; making certain findings in connection therewith; and providing an effective date. WHEREAS, the members of this governing body recognize that a college education is a valuable asset and a student's inability to meet all of the financial commitments should not prevent the obtaining of an education when it is possible to obtain financing for such educational opportunities; and WHEREAS, it has been called to the attention of this governing body that a program for financing student educational loans through the United States Office of Education may be made available to residents and students of this area through the formation of a non-profit corporation with the power to sell bonds in order to provide student loan notes and it appears that under present procedures the interest on bonds issued by the corporation would be exempted from federal income tax and the income of the corporation would not be subject to federal income tax; and September 6, 1977 Continued WHEREAS, this governing body desires to assist in the furtherance of the education and ~spirations of young people in the area; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1: That the following named persons: are requested, on behalf of this governing body, to review the proposed student loan program and establish, re-establish or reorganize a non-profit corporation with the power to operate and finance a student loan program. Section 2: That such persons are further requested to act as Directors of such corporation in the development and implementation of a plan to determine the economic feasibility and viability of the plan and report to this Council together with a detailed plan of the implementation thereof. Section 3: This Resolution shall be effective from and after its passage and IT IS SO RESOLVED. PASSED AND APPROVED this the 6th day of September, 1977. Is~ MAYOR, CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY, CITY OF DENTON, TEXAS ' - Motion was made by Nash, seconded by Stewart that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 8. The Council considered the formation of a Charter Revision Committee. In discussing the matter the City Attorney stated that the Charter could be considered at the April, 1978 election. Mayor Pro Tem Mitchell stated that he saw no need for a Charter change since amendments had been approved two years ago. Councilman Stewart stated that he was in favor of direct election of the Mayor and expanding the City Council.. Councilman Nash stated that he favored expanding the Council, adding that he would prefer that each Council Member appoint one or two members to the Committee. Motion was made by Stewart, seconded by Nash to form amCharter Revision Committee with each Council Member appointing two members to this Committee and that the Committee report their recommendations to the Council no later than January 15, 1978. Motion carried 4 to 1. 305 September 6, 1977 Continued 9. The Council considered an Ordinance annexing 26.59 acres located north of Sanger Road and belonging to Denton Christian Church, North Texas Savings and the Noon Optimist Club. The following Ordinance was presented: ORDINANCE NO. 77-46 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 26.59 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS MULTI-FAMILY (MF-R) AND AGRICULTURAL (A) DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE, Motion was made by Hughes, seconded by Mitchell that the Ordinance be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council discussed the City Attorney's memorandum to Dick Stewart dated August 22, 1977 relative to giving legal opinions to a single Council . Member. The Council discussed the pros and cons of a single Council Member contacting the City Attorney for legal opinions. The Mayor stated that the Council needed to take action on this matter at the next meeting in order to give the City Attorney clear guidelines concerning this matter. No official action was taken. 11. The Council considered an Ordinance establishing a traffic light at Eagle Drive and Avenue A. The following Ordinance was presented: ORDINANCE NO. 77-47 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF AVENUE A AND EAGLE DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFORE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash '"aye", Mitchell "aye" and Hughes "aye". Motion carried, 12. The Council considered a contract with Lone Star Gas Company and an Ordinance adopting the same. Following a briefing by the Director of Utilities and the City Attor'qey the following Ordinance was presented: ORDINANCE NO. 77-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, "CITY" RELATING TO THE TERMINATION OF THE EXISTING GAS FUEL CONTRACTS UNDER THE TERMS OF WHICH THE CITY PURCHASES GAS FOR ITS GENERATING PLANTS; AGREEMENTS AUTHORIZING THE SETTLEMENT OF CERTAIN DISPUTES WITH THE GAS SUPPLIERS FOR ITS GENERATING PLANTS AND THE EXECUTION THEREOF ON BEHALF OF THE CITY; A NEW GAS FUEL CONTRACT AND A GAS TRANSFER AGREEMENT AND THE EXECUTION THEREOF ON BEHALF OF THE CITY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THE ORDINANCE; AND DECLARING AN EMERGENCY. Motion was made by Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye' and Hughes "aye". Motion carried. '306 September 6, 1977 Continued 13. The Council considered the Consent Agenda. Motion was made by Nash, seconded by Mitchell to approve the following Consent Agenda except under "D", Bids, to remove #8505, Footballs and Jerseys and #8507, Light Standards and Arms for discussion and action (See item 14). Motion carried. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendation. (A) the following two petitions are to be referred to the Planning and Zoning Commission for its recommendations: (1) Z-1311, the petition of Mr. Randy Snider, requesting a change in zoning from Multi-Family (MF-1) to Neighborhood Service (NS) classification on a 60' x 110' portion of a lot adjacent to 1602 E. McKinney. This property is located near the southeast corner of McKinney and Woodrow. (2) Z-1312, the petition of Mr. Tom Jester, requesting a change in zoning from Multi-Family (MF.-1) to Planned Development (PD) classification on approximately 3.87 acres located adjacent to 420 S. Carroll Blvd. 3.27 acres are intended for a combination office and multi-family use, while .6 acres is to be developed as a limited retail use. (B) The Mayor is authorized to sign the final plans and specifications for Phase I improvements at the Denton Municipal Airport. (C) Final payment for the paving of Bell Avenue between Sherman Drive and Peach Street was approved in the amount of $12,110.75 to Jagoe Public Company. - (D) BIDS: (1) #8503 Rotary File--awarded to Metroplex Office Systems for the Remington Kardveyer Catalog number 4657-5313 at $3,125. (2) #8504 Microfilm System--awarded to 3M Business Products in the amount of $12,939.43. 14. Bid #8505, Footballs and Jerseys and Bid #8507, Light Standards and Arms, were discussed with Parks and Recreation Director, Dick Huck. Motion was made by Nash, seconded by Stewart that the following bids be awarded as follows: (A) #8505 Footballs and Jerseys Footballs awarded to Zale Corporation-Sporting Goods Division at $9.90 each and Jerseys to Stephens Sporting Equipment at $5.75 each. (B) #8507 Light Standards and Arms Item l, Pole Anchor Base 30' Mt. Height Twin Arm and Item 2, 8' Arm to Graybar for a total of $17,629.95 and Item 3, Pole Direct Burial 25' Mt. Height and Item 4, 8' Arm to Hapco for a total of $12,750. Motion carried. 15. The Council adjourned into Executive Session at 12:25 a.m., September 7, 1977 to discuss personnel and land acquisition. 16. The Council reconvened into Public Session at 1:02 a.m., September 7, 1977 to announce that no official action was to be taken. Meeting adjourned at 1:05 a.m., September 7, 1977. 3O7 Municipal Building September 12, 1977 Special Called Joint Meeting of the Denton County Commissioner's Court and the City Council of the City of Denton, Texas, Monday, September 12, 1977 at 12:00 noon at the County Courthouse. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Stewart and Gay; Acting City Manager Jack Owen, City Manager Chris Hartung and City Attorney Paul Isham. CountS Commissioner's Court: Dan Trammell, Chester Sparks, R. R. Elbert, C. R. Salmon a~d'B. E. Switzer; O. H. Bailey, Jim Taylor and Mary Jo Hill. The meeting was called to order by Dan Trammell and Mayor Elinor Hughes at 1:10 p.m. 1. The Council and Commissioner's Court considered the proposed budget for Emily Fowler Public Library. Jack Owen, Acting City Manager, discussed the various items included in the budget and explained the proposed increases included. After discussion, motion was made by Nash, seconded by Mitchell to approve the Library Budget as presented and that the City and the County each include $113,043 for the Library operations. Motion carried unanimously. The County then voted to include $113,043 in their budget. 2. The Council and Commissioner's Court considered the proposed Flow Memorial Hospital Budget. Questions were asked of Mr. Wally Duvall, Flow Hospital Administrator, by both the County and the City concerning the proposed budget, with special emphasis on the operations, indigent care and bad debts. It was agreed to withhold action on the Flow Memorial Hospital Budget until after the other joint items were considered. 3. The Council and Commissioner's Court considered the proposed budget for the Denton County Home Health Service. After some discussion the City and County consented to include $4,000 in their respective budgets, but to withhold payment to the agency until the program could be evaluated. Both the City and the County concurred. 4. The Council and Commissioner's Court considered the proposed budget for the City-County Health Department. O. H. Bailey, Auditor, presented the Budget and explained various proposed changes. After some discussion the Commissioner's Court voted to include $57.500 in their budget and recommended that the City include a like amount. Motion was made by Nash, seconded by Hughes that $57,500 be included in the City Budget. Motion carried. 5. The Council and Commissioner's Court adjourned into Executive Session at 2:45 p.m. to discuss personnel. 6. The Council and Commissioner's Court reconvened into Public Session at 3:20 p.m. The Commissioner's Court approved the inclusion of $210,500 in their Budget for Flow Memorial Hospital and recommended that the City of Denton include a like amount. Motion was made by Nash, seconded by Gay that $210,500 be included in the City Budget for Flow Memorial Hospital. Motion carried. Meeting adjourned at 3:30 p.m.~ ~~.~ ~ C 3O8 City Council September 13, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, September 13, 1977 at 12:00 noon in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes,.Mayor Pro Tem Mitchell, Members Stewart, Gay and Nash; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Mayor advised the large group of citizens present that the meeting was for the purpose of considering a Resolution to the Texas Department of Health Resources stating that we shall lease, purchase or condemn the necessary land for a sanitary landfill site if the site is permitted. Motion was made by Stewart, seconded by Mitchell to table the proposed Resolution. Motion carried. Harry Down, local citizen, asked to be heard. The Mayor asked the group present if Mr. Down could be the only spokesman in behalf of those present. No opposition was evident. He stated: (A) That the public should be kept informed. (B) That a previous North Central Texas Council of Governments Regional report on the present landfill indicates that there are 7 years left on the present landfill. (C) There are many more suitable sites in the County for the landfill site. (D) Aubrey is the geographical center of the County. (E) The Council should take a longer look at the problem before making a decision. (F) There are 851 homes projected by Marvin Springer, Planner, in the area of the proposed landfill site. Following Down's presentation opposing the location of the proposed landfill, the Mayor announced that October 11 and October 12 were the tentative days for public hearings on the landfill matter and that a 2-way information meeting was tentatively set for Wednesday, September 21, 1977. Meeting adjourned at 12:25 p.m. MAYOR Ci~~ I City Council September 13, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, September 13, 1977 at 7:00 p.m. in the City Hall. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Gay and Nash; Acting City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. A public hearing was held on the City of Denton Budget for fiscal year 1977-78 and the proposed use of Revenue Sharing Funds for 1977-78. Acting City Manager Jack Owen reviewed the Budget, giving the estimated revenues and expenditures. Owen then reviewed the proposed Revenue Sharing Fund Budget. The Mayor then asked for comments on either the Budget and/or the Revenue Sharing Funds. Citizens present made no specific comments but the following questions were asked: (A) What is the cost to Dallas for water from Garza Little Elm? Owen stated that the cost was approximately $45,000. (B) Why is money being spent for new seats and a new sound system in the Council Chambers? Acting City Manager Jack Owen stated that there had been difficulty with the sound system and the seating was not comfortable for citizens. The Mayor closed the public hearing and advised that the final action on the Budget would be considered at the regular meeting of September 20, 1977. 2. The Council considered an employment contract with the City Manager. The Mayor stated that the Manager had requested that an annual performance review by the Council be included in the contract. Motion was made by Mitchell, seconded by Stewart that the contract be approved. Motion carried. 3. Father Schumacher, Chairman of the Community Ethnic Relations Board, presented a report to the Council. He stated that the following, among other things, was recommended by the Board. (A) Better communications. (B) Improvement of the quality of racial relations. (C) That the Council accept the report and assist in the presentation of the report to the Denton Independent School District. The Mayor stated that she understood the purpose of the report and was advised that the Denton Independent School District was very cooperative. The Mayor and other Council Members thanked Father Schumacher and the entire Committee for their outstanding contributions. Motion was made by Gay, seconded by Hughes that the Council receive the report. Motion carried. September 13, 1977 Continued 4. Nan Hayes, Coordinator of the Spirit Corps of NTSU asked for permission to place a banner across Avenue C to promote spirit and advise of a planned party at the Dallas Convention Center following the NT-SMU football game. Motion was made by Gay, seconded by Mitchell to approve the request to place a banner across Avenue C. Motion carried. 5. The Council adjourned into Executive Session at 7:45 p.m. to discuss land acquisition. 6. The Council reconvened into Public Session at 8:20 p.m. to announce that no official action was to be taken. The meeting adjourned at 8:23 p.m. MAYOR 31.1 City Council September 20, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, September 20, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Stewart and Nash; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Nash, seconded by Mitchell that the minutes of the Regular Meeting of September 6, 1977, the Special Called Joint Meeting of September 12, 1977 and the Special Called Meetings of September 13, 1977 at 12:00 noon and 7:00 p.m. be approved with amendment to the last paragraph in item 8 of the meeting of September 6, 1977 by adding the word "Advisory", to read, Charter Revision Advisory Committee. Motion carried. 2. The Mayor introduced Chris Hartung, new City Manager, who was attending officially his first Council meeting. The Mayor also complimented Jack Owen for his outstanding work as interim City Manager, adding that his was a difficult job, particularly since the budget was prepared during his tenure. 3. The Council received a report from Mrs. Betty Bailey of the League of Women Voters relative to recycling of solid waste. She pointed out the names of Cities who used solid waste to generate heat and electric energy, and the paper collection of E1 Paso and Odessa. She added that paper collection and selling of same could generate enough funds so that the project would at least pay for itself. The Mayor stated that the Council appreciated the League's work and interest. 4. Dr. Stephen Farish, Chairman of the Greater Denton Arts Council, appeared before the Council to present a Resolution concerning the Hotel Room Occupancy Tax. Dr. Farish requested that an increase in the City's Hotel Room Occupancy Tax could be partially earmarked for construction of a local art center and for arts activities. He stated that the State Legislature has made it legal to increase the present tax from 3% to 4%, and that he understood that a portion of funds could be used for promotion of the arts. He also stated that the City could obtain grants and other funds for the arts if it acted promptly. The Mayor stated that she hoped that the Council would be able to make a decision on the request within a month and would like for two Council Members to meet with interested arts groups. No official action was taken. 5. The Council considered the sale of excess street right-of-way on Bell Avenue just south of Coronado for inclusion in Planned Development II and authorize the hiring of an appraiser. 6. And the Council considered the final site plan for Planned Development II after agreeing to consider items 5 and 6 jointly as follows: The Director of Community Development explained the difference between consideration of land use in this particular case and the regular public hearings on zoning, since the land was already zoned. He also pointed out that the Planning and Zoning Commission had recommended approval. The property is located southwest of the Bell Avenue-Coronado intersection. September 20, 1977 Continued Miller Davidge, representing the Denton Housing Authority, stated as follows: (A) 140 apartments are proposed. (B) Apartments authorized by HUD be financed with 30 year bonds. (C) HUD will pay a supplemental payment of rent for the elderly and handicapped. (D) The apartments will be owned by a non-profit organization. (E) The Denton Housing Authority will provide payment to the City in lieu of taxes. (F) Residents would be 62 years or older whose incomes are fixed and limited. (G) Neither the City nor the Housing Authority would be financially liable. (H) Housing would be available for 14 mentally handicapped (I) Apartments will be one story semi detached, brick veneer with pitched roof. (J) Apartments will be operated locally. The Mayor gave the large number of citizens present an opportunity to speak. Jim Martino indicated concern for parking problems, inclusion of mentally handicapped, dangers of deterioration without effort to repair and psychological effect on the elderly living in the same area of the mentally retarded. Dick Smith of the Denton State School stated that these mentally handicapped would be capable of learning skills and eventually moving back to their community or taking their place in this community. He added that they would be supervised. Dr. Friedsam of NTSU spoke in favor of the project and stated that we have a responsibility to the less fortunate. Several speakers were concerned with the word "subsidy" and the terrain of the area for construction. Councilman Stewart voiced concern with the inconsistency of the Federal Government on many projects. Councilman Nash stated that the Council should give the people plenty of time, and it was not the responsibility of the Council to sell zoning to the citizens. Council Member Gay stated that she thought that the Council should have more time for study before making a decision. Motion was made by Stewart, seconded by Mitchell to table the matter until the next regular meeting of October 4, 1977. Motion carried 4 to 1. 7. The Council considered the appeal of the Shoe Shack for a loading zone permit. Curtis Loveless, Attorney, stated that he was appealing the recommendation of the Citizens Traffic Safety Support Commission, who refused to grant a loading zone permit to the Shoe Shack at 123 Avenue A. Motion was made by Nash, seconded by Gay to grant a loading zone permit to the Shoe Shack at 123 Avenue A. Motion carried. 8. The Council considered approving final plans for airport improvements and to authorize advertising for bids. King Cole, Assistant To The City Manager, stated that $290,000 for Stage II of the Airport improvement project is to be received from FAA to fund the following: 3!3 September 20, 1977 Continued (A) Extend north-south runway and taxiway 850' to the north. (B) Install medium intensity runway lighting system for 5,000' runway. (C) Relocate north VASI-2 unit and convert to VASI-4. (D) Mark north-south runway and taxiway extension. E) Clear north appmach areas. F) Mark and light TP & L power lines. Relocation of FM 1515 is to be funded out of a previous grant from FAA. Cole added that this makes a total of $445,556 available for the entire Stage II project. He advised that FAA is stressing the necessity of moving on with the project as rapidly as possible and if parts of Stage II are not completed in a timely fashion Denton will be passed over for having its ILS installed at this time. Motion was made by Nash, seconded by Stewart to approve final plans and to authorize advertising for bids on the above mentioned project. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 77-49 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING CHAPTER 10, ARTICLE I, SECTION 10-5 "FIREWORKS" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFOR, AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 77-50 AN ORDINANCE AMENDING CHAPTER 15, SECTIONS 15-6, 15-7 AND ADDING A NEW SECTION 15-10 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFORE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 11. The following Ordinance was presented: ORDINANCE NO. 77-51 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1977, AND ENDING ON SEPTEMBER 30, 1978, REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1977; LEVYING TAXES FOR THE YEAR 1977 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 Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Gay "aye", Nash, "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 77-52 (Greater Denton Industries, Inc.) 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. 5B, BLOCK NO. 187-2, 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 Nash that the Ordinance be passed. On roll call vote Stewart "aye'', Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. September 20, 1977 Continued 13. The following Ordinance was presented: ORDINANCE NO. 77-53 (Harry Down) 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. 6, BLOCK NO. 276-B, 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 Hughes that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 14. The Council considered instructing the City Attorney to answer questions raised by Councilman Dick Stewart in a memorandum dated August 22, 1977. Stewart requested that the questions asked not be discussed at this meeting. Motion was made by Stewart, seconded by Nash that the Attorney be authorized to answer legal questions from individual Council Members. Motion carried. 15. The Council considered authorizing the Mayor to sign a contract between the City of Denton and the City of Flower Mound to contract for the services of a swimming coach. Dick Huck, Director of Parks and Recreation briefed the Council. He stated that the Swim Coach is an employee of the City of Flower Mound and that they will be responsible for all Social Security, Withholding, Insurance and Workman's Compensation, etc., and that the City of Flower Mounc is independently contracting with the City of Denton for such services. Motion was made by Nash, seconded by Mitchell to approve the contract with Flower Mound for services of a Swim Coach and to authorize the Mayor to sign same. Motion carried. 16. The Council considered final payment to the DISD for the City of Denton's portion of reappraisal expenses. Motion was made by Mitchell, seconded by Hughes that final payment to Denton Independent School District for the City's portion of the reappraisal expenses in the amount of $18,337.84 be approved. Motion carried. 17. The Council did not consider setting the agenda for the September 27, 1977 study session. 18. The Council considered the Consent Agenda. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendation. The City Manager asked that "D-I" be removed from the Consent Agenda. The Council asked that "D-2" and "D-3" be considered separately. (See item 19 below). Motion was made by Mitchell, seconded by Nash that the following Consent Agenda be approved. Motion carried. September 20, 1977 Continued (A) The f~llowing petition is to be referred to the Planning and Zoning Commission for its recommendation: Z-1313, the petition of Mr. George Hopkins, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on approximately 145 acres located north of Airport Road and immediately west of Precision Drive. (B) Approved forwarding the Strickland Junior High School report prepared by the Community Ethnic Relations Board to the Denton School Board. (C) BIDS: #8508 Electrical Transformers The bid was awarded on a low evaluated cost basis as follows: ITEM DESCRIPTION BIDDER/MFG. UNIT COST QUANTITY TOTAL DEL/WKS. I 15 KVA CSP Sesco $ 315.00 10 $ 3,150.00 8 2 15 KVA CONV Cummings 228.08 15 3,421.20 4 3 25 KVA CSP G.E. Supply 332.00 20 6,640.00 18 4 25 KVA CONV Temple 293.00 10 2,930.00 18 5 50 KVA CSP Cummings 520.00 25 13,000.00 4 6a 100 KVA PM Poleline 1,115.00 25 27,875.00 .6 7 167 KVA PM Wesco 1,339.00 5 6,695.00 13 7a 167 KVA PM Poleline 1,595.00 3 4.785.00 6 10 1500 KVA PM Wesco 8,250.00 1 8,250.00 14 TOTAL $76,746.20 19. (A) The Council considered an addendum to the contract with Recreati.~nal Design and Engineering Company for outfield fencing at Fred Moore Park. Motion was made by Mitchell, seconded by Nash to approve addendum 1 and 2 of Purchase Order #32765 in the total amount of $5,104.22. Motion carried. (B) The Council considered an addendum to the contract with Wells- Barnett General Contractors on tennis courts. Motion was made by Mitchell, seconded by Nash to approve addendums 1,2,3 & 4 on Purchase Order #32767 in the total amount of $6,407.21. Motion carried. 20. Frank Martino, Chamber of Commerce President, requested the Council to pass two Resolutions relative to Loop 288. He added that he felt that this would have the endorsement of the community. 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 SEPTEMBER, A.D. 1977. RESOLUTION WHEREAS, the City of Denton passed a Resolution on July 19, 1977, approving the Loop 288 highway project and authorizing the Mayor to sign contractual documents with the State of Texas Department of Highways and Public Transportation for the acquisition of right of way for all of the north portion of Loop 288 Highway and the south portion of Loop 288 Highway; and directing the City to commence acquisition of right of way; and WHEREAS, there has been citizen opposition for construction of the south portion of Loop 288 Highway west of Farm to Market Road 2181 (Teasley Lane); and WHEREAS, the City of Denton desires to rescind its Resolution of July 19, 1977, and only approve the north portion of Loop 288 Highway and a part of the south portion of Loop 288 Highway; 316 September 20, 1977 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton officially approves the north portion of Loop 288 Highway and the south portion of Loop 288 Highway from Interstate Highway 35E to Farm to Market Road 2181 (Teasley Lane) and desires to enter into a contractual agreement with the State of Texas Department of Highways and Public Transportation for the acquisition of the right of way for all of the north portion of Loop 288 Highway and the south portion of Loop 288 Highway from Interstate Highway 35E to Farm to Market Road 2181 ITeasley Lane), and permitting reimbursement by the State based upon current reimbursable percentages for acquisition of right of way by the City; authorizing the Mayor to sign such contractual documents, and directing the City to commence acquisition of right of way after the necessary documents with the State have been executed. PASSED AND APPROVED this the 20th day of September, A. D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Nash that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. Following the passage of the above Resolution, some discussion was held relative to the necessity of the second Resolution. 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 SEPTEMBER, A.D. 1977. RESOLUTION WHEREAS, many citizens of the City of Denton have objected to the construction of the section of the south portion of the Loop 288 Highway project from Farm to Market Road 2181 (Teasley Lane) west to Interstate Highway 35W; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton officially disapproves the section of the south portion of the Loop 288 Highway project from Farm to Market Road 2181 (Teasley Lane) west to Interstate Highway 35W and it will not seek nor actually acquire any right of way along the above section of the south portion of Loop 288. PASSED AND APPROVED this the 20th day of September, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS September 20, 1977 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Gay "nay", Mitchell "nay" and Hughes "aye". Motion carried 3 to 2. 21, The Council adjourned into Executive Session at 11:00 p.m. to discuss land acquisition and consider Board appointments. 22. The Council reconvened into Public Session at 1:02 a.m., Wednesday, September 21, 1977 to announce that no official action was to be taken. Meeting adjourned at 1:06 a.m., Wednesday, September 21, 1977. MAYOR :8t. 8 City Council September 21, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Wednesday, September 21, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Mayor advised citizens present as to the purpose of the meeting and introduced Jack Owen, Assistant City Manager, who showed a film relative to sanitary landfills. Mr. Owen then showed a map relative to suitable lands and stated that 30 sites had been considered. 2. The Mayor gave an opportunity for all citizens present to voice their opinion as to the landfill. Twenty-four citizens spoke, with all opposing the landfill location on property north of Denton, and Jerry Burns, speaking for citizens of Cross Roads, stated that Cross Roads' citizens were wholeheartedly opposed to the extension of the present landfill. 3. City Manager Chris Hartung recommended that the Council appoint a Citizens Committee to assist the Council in selecting suitable site for a landfill. He added that the City Staff would do the necessary research relative to a possible reclamatio'n ~e~,--~ut that it takes 2 to 3 years to get such a center started. Mayor Pro Tem Mitchell agreed with the City Manager as to appointing a Citizens Committee. Council Member Gay also indicated agreement. Councilman Stewart stated that he wanted to utilize waste materials to produce energy. Mayor Hughes stated that the idea of the use of waste materials to produce energy was a good idea, but that the City needs to be realistic as to the cost of burning trash in boilers for energy production. Meeting adjourned at 9 p.m. M~¥OR City Council September 27, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, September 27, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Gay ~and Nash; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Mayor opened the public meeting and then the Council adjourned into Executive Session to discuss personnel and land acquisition. The Council reconvened into Public Session at 7:20 p.m. 2. The Council considered bids on the City of Denton employee's hospital- ization insurance program. The City Manager briefed the Council, stating that Blue Cross Blue Shield's bid was the lowest and best and recommended acceptance of the bid with a cost to the City of approximately $168,000--that the City would pay maternity benefits at the same rates of the old policy. He gave the following monthly contract rates: ..... Employee only $23,58 (Paid by City) Children Only $19.49 Spouse only $33.99 Family only $46.53 Motion was made by Gay, seconded by Nash to award the bid to Blue Cross Blue Shield as recommended by th~-City Manager. Motion carried. 3. The Council considered a general wage adjustment plan for the City of Denton employees. The City Manager stated that the Personnel Director had made a wage survey of cities in the area and recommended adjustments for City of Denton employees. The Manager made the following recommendations: (A) 7% increase for all full time employees whose current salary is less than $20,000 yearly (B) 10% for Police and Firemen (C) 5% for all employees earning over $20,000 yearly (D) The adjustments to be effective the pay period beginning October 3, 1977 Motion was made by Stewart, seconded by Mitchell to approve the recomm- endations of the City Manager effective the pay period beginning October 3, 19/7. Motion carried. 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 27TH DAY OF SEPTEMBER, A.D. 1977. RESOLUTION WHEREAS, an Application for Federal Assistance dated September 19, 1977 has been submitted to the Department of Transporation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at the Denton Municipal Airport; and WHEREAS, the FAA has issued a Grant offer which, if duly accepted, provides a commitment of $53,650.00 in federal funds for development specified therein; and 320 September 27, 1977 Continued WHEREAS, it is determined to be in the interest of the City of Denton, Texas to accept this Grant Offer. 'NOW, THEREFORE, BE IT RESOLVED that the City of Denton 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 Mayor of the City of Denton is hereby authorized and directed to execute the Grant Offer on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 27th day of September, A. D. 1977. Motion was made by Stewart, seconded by Mitchell that the Resolution be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye", Motion carried. 5. The Council adjourned into Executive Session at 7:47 p.m. to discuss personnel and land acquisition. 6. The Council reconvened into Public Session at 10:50 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:53 p.m. MAYOR I?Y~SECRETARY 321 City Council September 30, 1977 Emergency Called Meeting of the City Council of the City of Denton, Texas, Friday, September 30, 1977 at 3:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell and Council Member Gay; Assistant City Manager Jack Owen, Assistant To The City Manager King Cole, Assistant City Attorney Jim Blanton and City Secretary Brooks Holt. ABSENT: Council Members Nash and Stewart. 1. The Council considered a Resolution accepting a grant from the FAA in the amount of $13,300.00. The following Resolution was presented: AT AN EMERGENCY CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 30TH DAY OF SEPTEMBER, A.D. 1977. RESOLUTION WHEREAS, the City of Denton, Texas, and the Department of Transportation, Federal Aviation Administration (FAA), have entered into a certain Grant Agreement which provides federal participation in specified improvement of Denton Municipal Airport; WHEREAS, in response to a request duly filed by the City of Denton, the FAA has prepared Amendment No. 1 to said Grant Agreement, copy attached, and has submitted it to the City of Denton for acceptance and execution; and WHEREAS, it is determined to be in the interest of the City of Denton and FAA to amend said Grant in the particulars specified in said Amendment; NOW, THEREFORE, BE IT RESQ.LVED that the City of Denton does hereby accept the provisions of said Amendment, a copy of'which is attached hereto and incorporated herein for all purposes, and to evidence this acceptance, the Mayor is hereby authorized and directed to execute said Amendment on behalf of the City of Denton, Texas. PASSED, AND APPROVED THIS THE 30th day of September, 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JIM BLANTON, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Gay that the Resolution be passed. On roll call vote Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. Meeting adjourned at 3:15 p.m. MAYOR C~TY SECRETARY City Council October 4, 1977 Regular Meeting of the City Council of the City of Denton, Texas, Texas, Tuesday, October 4, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Councilman Nash 1. Motion was made by Mitchell, seconded by Gay that the minutes of the Regular Meeting of September 20, 1977, the Special Called Meeting of September 21, 1977 and the Special Called Meeting of September 27, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1312, the petition of Mr. Tom Jester, requesting a change in zoning from Multi-Family (MF-1) to Planned Development (PD) classification on approximately 3.9 acres located adjacent to 420 S. Carroll Boulevard. 3.3 acres are intended for a combination office and multi-family use, while .6 acre is to be developed as a limited retail use. After hearing 1 proponent but none in opposition and a report from the Director of Community Development that 17 letters were mailed with 6 in favor and none in opposition, motion was made by Gay, seconded by Mitchell that the petition be approved with the following conditions: (1) Office use will not occupy more than 50% of that 3.3 acre tract designated for combination of multi-family and office use. The zoning requirements, including setbacks and parking in the Office (0) and Multi-Family (MF-1) zones, will apply to the development proposal. (2) The limited retail area shall be for Neighborhood Service retail uses with the exception of off-site sales of beer and wine and gas sales in conjunction with a convenience store. Gas islands will observe building setbacks. (3) Curb openings shall be limited to three, with two of the cuts corresponding as much as possible with Prairie and Stroud Streets. (4) There shall be a single detached sign for the office development and a single detached sign for the retail development, the size and location of which shall be determined by the final plan. (5) The builders shall provide adequate access for pedestrians. Motion carried. 3. The Council considered the probl6m of birds roosting in certain neighborhoods within the City. Three citizens, Mrs. Bill Bass, Mrs. Jerry Fowler and Mrs. Sally Erdman, requested that the City take action to relieve the problem, even though temporary. They all asked for immediate help. The Council concurred to use clow guns in the area for a reasonable length of time to give citizens some relief. 4. See explanation on item 5 below. 5. Both items 4 and 5, consider final site plan for Planned Development II and consider sale of excess street right-of-way on Bell Avenue just south of Coronado for inclusion in Ptanned Development II, were postponed indefinitely. 323 October 4, 1977 Continued 6. Mr. John McAdams, Attorney for Acme Brick Company, appeared to requ~.st that the City of Denton consider releasing control over our extraterritorial jurisdiction east of Rockhill Road on U.S. 380 and permit the City of Crossroads to annex same. McAdams stated that the City of Crossroads and also the landowners of the land in question are willing to annex Up to and contiguous with the Cit~ of Denton at Rockhill Road near Highway 380. Acme, therefore, requests that the City of Denton waive the extraterritorial jurisdiction that it has to the land south on a line approximately 1,000 feet from the intersection of Rockhill Road and Highway 380, and north on approximately the same line for a distance of one mile from the intersection of Rockhill Road and 380 extending out approximately one quarter mile until it becomes contiguous with the City of Crossroads. He added that he was making this request on behalf of Acme Brick Company and not the City of Crossroads. The City Manager stated that the City of Crossroads should request annexation and that procedures be in writing. He suggested the Council not take action at this meeting. Motion was made by Stewart, seconded by Mitchell to postpone the matter indefinitely. Motion carried. 7. The Council considered a report from the City Staff on the resurfacing of certain tennis courts belonging to the Denton Independent School. District. Following a brief discussion, motion was made by Stewart seconded by Hughes to instruct the Staff to set up a joint meeting with school officials to resolve the question. Motion carried. 8. The Council considered an Ordinance amending Chapter 26, Article II of the City of Denton Code, Electric Service. After a briefing by the Director of Utilities, Bob Nelson, the following Ordinance was presented: ORDINANCE NO. 77-54 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 25, ARTICLE II ELECTRIC SERVICE BY AMENDING SECTIONS 23 AND 24; REPEALING SECTIONS 25, 119, 121 AND 122 OF ARTICLE VII, CHAPTER 25; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Stewart that the Ordinance be passed. On roll call vote Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 9. 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 4TH.DAY OF OCTOBER, A.D. 1977. RESOLUTION WHEREAS, Article VIII, Section 1-b of the Texas Constitution provides that political subdivisions of the State maS exempt from ad valorem taxes, not less than Three Thousand Dollars ($3,000.00) of the assessed taxable value of resident homesteads of persons sixty-five (65) years of age or older; and WHEREAS, by Resolution dated January 16, 1973, the City Council approved an exemption of Three Thousand Dollars ($3,000.00) and by Resolution dated June 7, 1977, the City Council approved an exemption of Four Thousand Five Hundred ($4,500.00) Dollars; and WHEREAS, the City Council of the City of the City of Denton raised the percentage used to determine the assessed taxable value of residential property in the City of Denton and the City Council desires, to prevent taxes paid by the elderly from rising. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: October 4, 1977 Continued That pursuant to Article VIII, Section l-b, of the Texas Constitution, the exemption for resident homesteads~is raised from Four Thousand Five Hundred Dollars ($4,500.00) to Six Thousand ($6,000.00) Dollars of the assessed taxable value of resident homesteads of persons of sixty-five (65) years of age or older, and such value shall be exempt from City Ad Valorem Taxes when taxes are levied for the year 1977, and all subsequent levies. That this Resolution shall be effective immediately after its passage. Passed and Approved this the 4th day of October, A.D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Gay that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council considered a crime prevention program permitting a 5% premium reduction~in homeowner's insurance policy to homeowners who have met a minimum security requirement. Motion' was made by Stewart, seconded by Mitchell to postpone the matter indefinitely as requested by the City Manager. Motion carried. 11. The Council considered setting the agenda for the October 11, 1977 study session. Motion was made by Hughes, seconded by Stewart to include considering a plan for refunding City of Denton Electric System Revenue Bonds on the October 11, 1977 Agenda. Motion carried. 12. The Council considered the Consent Agenda. Consent Agenda Each of these items is recommended by the Staff and approval' thereof will be strictly on the basis of the Staff recommendation. Approval of the Consent Agenda authorize~ the City Manager or his designee to implement each item in accordance with the Staff recommendation. Motion was made by Mitchell, seconded by Hughes to approve the following Consent Agenda but to table action on Bid #8513--Data Forms Detacher. Motion carried. (A) Authorized advertising for bids for parking lots at Denia and North Lakes Parks. (B) Authorized advertising for bids for water main at North Lakes Park. October 4, 1977 Continued (C) BIDS: (1) #8514 Data Safe Awarded to the lowest and best evaluated bidder, North Texas Business Systems at $4,588.00, (2) #8515 Football/Soccer Goals Awarded to the low bidder, U. S. Games, Inc. at $579.06 each set for a total of $4,053.42 for seven sets. (3) #8516 Scoreboards Awarded to the low bidder, E. O. Wood Company of Fort Worth, for nine scoreboards at a total price of $9,595.00. 13. 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 THE CITY OF DENTON, TEXAS, HELD ON THE 4~TH. DAY OF OCTOBER,, A.D. 1977. RESOLUTION WHEREAS, the Texas Department of Community Affairs has submitted a contract for programs under the Intergovernmental Personnel Act to the City of Denton; and WHEREAS, the Texas Department of Community Affairs has issued an offer and contract which, if duly accepted, provides a commitment of $7,500.00 in funds for personnel training activities specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to accept this offer and contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton does hereby accept the provisions of said contract, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the contract on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 4th day of October, A. D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Gay that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 14. Motion was made by Stewart, seconded by Gay that the regular meeting of October 18, 1977 be postponed until October 25, 1977. Motion carried. 15. The Council adjourned into Executive Session at 8:30 to discuss personnel and land acquisition, consult with the City Attorney and consider Board and Committee appointments. October 4, 1977 Continued 16. The Council reconvened into Public Session at 10:30 p.m. Motion was made by Stewart, seconded by Mitchell that the following citizens be appointed to Boards and Committees: CHARTER REVISION COMMITTEE (Ed)E. W. Morrison, Jr. Larry Bailey Bill Utter Homer Bly Bill Neu Tom Jester Charles Burch Ray Stephens Charldean Newell Elsie Hampleman ELECTRICAL CODE BOARD Reappoint all present members subject to acceptance. Members to draw for 2 year and 1 year appointment. RESEARCH AND ECONOMIC DEVELOPMENT BOARD Gerald Williamson Dr. Edward Rutland COMMUNITY ETHNIC RELATIONS BOARD Dr. John McCoy Col. Fred Hill Lillie Hunter Trudy Foster Rudy Rodriguez SANITARY LANDFILL COMMITTEE Harry Down Murphy Wilds Bob Miller Dave Compton Dick Kelsey Marion Robinson Bob LaForte Grady Collum Jack Jenkins Isabelle Miller Floyd McDaniel Pat Roberts Kenneth Bahnsen Joe Bell Motion carried. Meeting adjourned-at 10:38 p.m. ~~.~ MAYOR CITY SECRETARY City Council October ll, 1977 Special Called Joint Meeting of the City of Denton City Council and the City of Denton Public Utilities Board, Tuesday, October 11, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt; also present-were Frank Medanich, Paul Horton and Mike Ashford of First Southwest Company. Utilities Board: Chairman Harpool and Members Ramey, Davis and Shelton. ABSENT: Utilities Board: Member Munson 1. The Council considered a plan for refunding City of Denton Electric System Revenue Bonds. The City Manager introduced Frank Medanich of First Southwest Company. Mr. Medanich made the following statements: (A) Refunding of City Bonds now legal through approval by the State Legislature. The City can purchase securities to pay off bonds. (D) All legal fees, expenses, etc. are rolled into a total package. (E) The program will work. (F) There are a number of things that must be done (1) Issue an official statement (2) Prepare general information (3) Make available operating statements (4) Power consumption figures (5) Description of City properties (6) Power Pool and TMPA information (7) A complete story of specific plans (8) Must obtain Council approval to proceed with program (9) Redraft a new Resolution for securing the new bonds and maintaining restrictive convenants (10) This is a restructuring process (11) Try to complete all data and criteria, cost, interest and a preliminary draft of an Ordinance by February 1, 1978. Motion was made by Stewart, seconded by Gay to authorize proceeding with the refunding program as recommended unanimously by the Public Utilities Board. Motion carried unanimously. 2. The Council considered an amendment to our audit contract with Alexander Grant. The City Manager stated that the City needs an audit by the first part of November for use in the approved refund program with a local audit cost of $34,000, an increase of $7,000. Frank Medanich stated that the audit cost will be rolled into the total bond refunding package. Motion was made by Nash, seconded by Mitchell to authorize acceptance of the proposal by Alexander Grant and Company to proceed with an early audit to be completed the first part of November, 1977. Motion carried. 3. The Council considered bids for Airport improvement. King Cole, Assistant To The City Manager, briefed the Council on the Resolution accepting a grant from the Federal Aviation Administration and the bids recieved for the airport improvement projects. Cole explained that bids had been received and that the cost of runway and taxiway extm~sion exceeded the amount the FAA was able to offer in a grant. Cole further explained that monies October II, 1977 Continued were left in the land acquisition grant after the Condemnation Commissioners made their awards to the landowners. Cole stated that the FAA recommended transferring land acquisition grant monies to the runway, taxiway and lighting extension grant so that both grants would balance with their respective costs. Cole explained that this could cause a potential problem if any of the landowners appealed their awards. Cole explained that if the Council wished to make these transfers they could do so by simply passing the Resolution for $289,650. King Cole then called on Carroll Finklea with Shimek, Jacobs & Finklea, Consulting Engineers, to review the bids on the runway, taxiway and lighting improvements. Finklea explained that he had reviewed the bids andmade the following recommendations: Phase ?roject Description Low Bidder Amount Phase I Relocation F.M. 1515 Crookham & Vessels, Inc. $ 68,641.67 Option Bid A Clearing in North Marriott Brothers, Inc. $ 12,000.00 Clear Zone Phase II-A N/S Runway & Taxiway Marriott Brothers, Inc. $288,725.00 Extension Phase II-B Airport Lighting Glo Construction Co. $ 33,239.50 Motion was made by Nash, seconded by Gay to award the Airport bids as recommended above. Motion carried. 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 I1TH DAY OF OCTOBER, A.D. 1977. RESOLUTION WHEREAS, an application for Federal Assistance dated the 19th day of September, 1977 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at the Denton Municipal Airport; and WHEREAS, the FAA has issued a Grant Offer which, if duly accepted, provides a commitment of $289,650.00 in federal funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to accept this Grant Offer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the City of Denton does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the Grant Offer on behalf of the City of Denton, Texas. PASSED AND APPROVED this the llth day of October, A. D. 1977. /$/ ELINOR HUGHES, 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 Stewart, seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. October ll, 1977 Continued 4. The Council adjourned into Executive Session at 8:10 p.m. to discuss personnel and land acquisition. 5. The Council reconvened into Public Session at 9:30 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:34 p.m. City Council October 14, 1977 Emergency Called Meeting of the City Council of the City of Denton, Texas, Friday, October 14, 1977 in the Conference Room of the City Manager's Office at the Municipal Building at 2:30 p.m. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay and Stewart; City Manager Chris Hartung and Assistant City Secretary King Cole. ABSENT: 1. The Council considered Board appointments. Motion was made by Gay, seconded by Mitchell that the following citizens be named to Flow Memorial Hospital Board: Dr. Alex Finlay Robert A. Nichols A. E. Wyatt Motion carried. Meeting adjourned at 3 p.m. MAYOR A SS~C RETARd'- 331 City Council October 25, 1977 Special Called Meeting of the City Council of the. City of Denton, Tuesday, October 25, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Nash and Gay; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Nash that the minutes of the Emergency Called Meeting of September 30, 1977, the Regular Meeting of October 4, 1977 and the Special Called Joint Meeting of October 11, 1977 be approved. Motion carried. 2. PUBLIC HEARING: (A) A public hearing was held on Z-1313, the petition of Mr. George Hopkins, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on approximately 145 acres located north of Airport Road and immediately west of Precision Drive. After hearing 1 proponent and none in opposition and a report from the Director of Community Development, motion was made by Stewart, seconded by Nash that the petition be approved. Motion carried. 3. The Council considered proposals for conducting a study of our municipal risk management system. The City Attorney briefed the Council and stated that he had checked with other cities relative to Rimco, one of the three firms submitting proposals, and recommended that the proposal of Rimco to conduct a study be accepted in the amount of $6,500. Motion was made by Nash, seconded by Mitchell to accept the proposal of Rimco to conduct a Risk Management Study. Motion carried. 4. The Council considered authorizing the Staff to commence land acquisition for Avenue E, Eagle Drive and Bonnie Brae construction. Motion was made by Stewart, seconded by Mitchell to authorize the Staff to con, hence land acquisition for Avenue E, Eagle Drive and Bonnie Brae construction. Motion carried. 5. The Council received a report on the Capital Improvements Program. The City Manager asked for Council indication for a bond issue election, stating that projects needed to be reviewed for inflation costs. He recommen.~ed returning the matter to the Planning and Zoning Commission for a review of cost estimates, etc., and that engineering, and other fees be paid out of the bond issue funds. Motion was made by Nash, seconded by Gay to proceed with the Capital Improvements Program and to adopt the recommendation of the City Manage~that the bond funds take care of engineering, architect and other fees, but that the program not involve a tax increase. Motion carried. 6. The Council received a report on the Texas Municipal Power Agency. The Council heard Bob Nelson, Director of Utilities and Paul Isham, City Attorney, make a report on TMPA. Bob Nelson made the following report: (A) Site preparation contractor is working on plant site. (B) Major equipment such as boilers, turbine generators, pumps, transformers, ash handling equipment and dragline for mine have been purchased. (C) Start up of plant rescheduled for the summer of 1981 or late 1981, due primarily to legal delays. October 25, 1977 Continued (D) Re-evaluation of plant costs indicate final plant and mine costs include interest during construction, and financing cost will be $526,000,000 compared to $470,000,000. The increase is due primarily to inflation. (E) Due to law suit, sale of bonds cannot be approved. (F) EPA has granted approval of the plant. Isham made the following report: (A) The Grimes County Taxpayer's Association suit is under appeal. (B) TMPA has been upheld in a Summary Judgment suit in District Court in Grimes County. (C) The Taxpayer's Association filed for retrial but were denied. (D) The Taxpayer's Association filed for re-hearing but were denied. (E) The .'Taxpayer's Associa.tion'has appealed rights to th~Houston Court of Civil Appeals. No official action was taken. 7. The Council considered a proposal from Freese & Nichols, Inc. to conduct an evaluation of the City of Denton's existing sanitary landfill. Following a briefing by the City Manager, motion was made by Mitchell, seconded by Hughes that the proposal of Freese & Nichols be accepted as follows: Estimated Cost 'for Engineering: Test Borings, Laboratory Analysis, Aerial Photographs and Survey $2,500 Engineering $4,500 Freese & Nichols suggested that the costs for borings, testing, aerial photographs, and surveying be paid directly by the City. Freese & Nichols will make recommendation to the City for these services, if requested. Motion carried. 8. The Council considered a Resolution establishing the number of positions in the City of Denton's Police Department. 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 25TH DAY OF OCTOBER, A.D. 1977. RESOLUTION WHEREAS, the City of Denton desires to establish the positions within the Denton Police Department; and WHEREAS, this is necessary pursuant to the Texas Civil Service Act, Article 1269m; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That there be established the following positions within the Denton Police Dept. 1 Chief 1 Assistant Chief 2 Captains 6 Lieutenants 5 Sergeants 46 Patrol Persons PASSED AND APPROVED this the 25th day of October, A. D. 1977. October 25, 1977 Continued /s/ ELiNOR HUGHES, 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 Nash, seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 9. The Council considered participating with the Denton Independent School District in the Professional Appraisal Company program. The City Manager briefed the Council and stated that continuing appraisal has been recommended and is the most feasible way to keep the tax evaluation on a current basis. Cost to the City would be $7,200 per year, paid in $600 per month increments. He also requested authorization to confer with the Denton Independent School District on industrial and commercial evaluation. Motion was made by Nash, seconded by Stewart to table the matter. The motion was withdrawn and the following motion was made: Motion was made by Gay, seconded by Mitchell to postpone the matter indefinitely. Motion carried. 10. The Council considered granting a license to the Federal Aviation Administration for the installation of an ILS and MALS Rail Lighting and Landing System at Denton Municipal Airport. Motion was made by Nash, seconded by Mitchell to approve the grant for a license to FAA. Motion carried. 11. The Council considered an Ordinance amending the Zoning Ordinance from Multi-Family (MF-1) to Planned Development (PD) on 3.9 acres of land located at 420 S. Carroll. The following Ordinance was presented: ORDINANCE NO. 77-55 (Tom Jester) 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. 11, BLOCK NO. 332, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 12. The Council considered the sale of excess street right-of-way on Bell Avenue just south of Coronado for inclusion in Planned Development ii. This 'is an elderly housing development of the Denton Housing Authority. Motion was made by Stewart, seconded by Gay to approve the sale of excess street right-of-way on Bell Avenue just south of Coronado for inclusion in Planned Development II, and to approve appraisal of the property. Motion carried 4 to 1. ! October 25, 1977 Continued 13. The Council considered final site plan for Planned Development II. Jim Carter, Denton Housing Authority Director, stated that the project is to be for the elderly and handicapped persons and that only Denton residents were eligible, except those who have close relatives here. The Mayor voiced concern with the rate structure to cover financial costs of the project. Councilman Stewart stated, "I have finally found a project I can accept". Three citizens spoke in favor of the project and three spoke in opposition. It was pointed out that Jim Carter had given them clear and concise information that was acceptable. A representative of a funding institution briefed the Council. Motion was made by Stewart, seconded by Mitchell that the project be accepted. Motion carried 4 to 1. 14. The Council considered the Community Development Department memorandum concerning annexation policy. The City Manager briefed the Council, stating that the Planning and Zoning Commission had asked for more specific directions from the Council and should annexation be considered for: (A) Properties receiving City of Denton utility service? (B) Property Utilized for storage of natural gas by Lone Star? (C) Properties that are subject to urban development adjacent to the City of Denton? Council Members made the following statements: Mitchell was concerned with the fact that Mayhill Community established its own Fire Department, and if the City considers annexing in the future, Mayhill folks should be given adequate notice. Nash stated that we should take care of what we have before we annex additional property. Hughes inquired if the Staff would prepare a map showing what areas are now getting water, sewer' or electricity from the City of Denton. Gay stated that property annexed should have the same services as others in the City. Mitchell stated that he would like more information on the proper utilization for storage of natural gas by Lone Star Gas and information request- ed by the Mayor. The Mayor stated that the Council will need cost estimates and expect- ed problems involved. The Director of Community Development stated that his Department had most of the above requested information available. 15. The Council received preliminary Ordinance documents for flood control regulation in Denton as required by the Federal Flood Insurance Program. The Director of Community Development stated that an appropriate ordinance should be considered in the next couple of months. He suggested that a public hearing be held and to invite lenders to attend. No official action was taken. October 25, 1977 Continued 16. The Council considered the recommendation from the Citizens Traffic Safety Support Commission to increase the speed limit to 45 mph for the entire length of Hobson Lane. Clovis Morrison and George Olufsen, residents of Montecito, stated that 30 mph be retained as on other city streets for the safety of school children rfding buses. The Director of Community Development stated that the Traffic Commission had discussed the matter at two meetings. Motion was made by Nash, seconded by Stewart to retain the present speed limit on Hobson Lane. Motion carried. 17. The Council considered information from the Citizens Traffic Safety Support Commission concerning parking on streets regulated by NTSU and TWU Police .Departments. In discussing the matter, Stewart stated that?the City should receive 1/2 or more of the money collected for parking privileges. Mayor Hughes said that the Council would need information on income for parking and the cost to the Universities for enforcement. The City Manager stated that the matter would be reviewed and a report brought to the Council. No official action was taken. 18. The Council considered formation of a long range Refuse Study Committee. Motion was made by Stewart, seconded by Nash to postpone the matter until the next meeting of the Council. Motion carried. 19. The Council considered purchase order over $3,000.00 and awarding bid for the purchase of a sound system for the Council Chambers. Motion was made by Nash, seconded by Hughes to approve purchase order #8519 and award the bid to Specified Electronics as follows: Base Bid $7,464.00 Alternate #1 $ 697.00 Alternate #3 $2,163.00 $$0,324.00 Motion carried. 20. The Council considered purchase order over $3,000.00, to relocate family in order to begin airport improvement construction. Motion was made by Nash, seconded by Gay to approve purchase order over $3,000.00 for relocating family to begin airport improvement construction in the amount of $3,840. Motion carried. 21. The Council discussed the status of the Charter Adv~'sory Committee. The City Attorney stated that the Committee needs to act soon and fast since the Ordinance must be passed 30 days prior to the election and haw~ 60 days before the election to send voter rights information to the Attorney General for approval or disapproval. The Council designated Paul Isham as city representative to the Committee. October 25, 1977 Continued 22. The Council discussed the status of the Landfill Site Selection Committee. The City Manager announced that the meeting of the Landfill Committee will be held Thursday, November 3, 1977 at 7 p.m. Mayor Hughes suggested that the Commissioners be invited to attend the Landfill Committee meeting. No official action was taken. 23. The Council considered the Consent Agenda. Motion was made by Nash, seconded ~ Gay that the following Consent Agenda be approved. Motion carried. (A) BIDS: (1) #8509 Playground Equipment for Parks Items 1,14 & 24 to Vaughan and Associates at $841.00 Items 4,5,7,8,9,11,12,16,18,19,21 & 23 to Jim Lea/Miracle Recreation Equipment at $10,707.00 Items 2,3,6A,6B,lO,15,17,20 & 22 to Modlin Recreation Equipment, Inc. at $20,429.00 (2) #8513 Forms Detacher Awarded to Standard Register at $4,438.00 (B) Final payment to Jay-Mar Corporation for construction of Audra Lane water line was approved in the amount of $4,493.15. (C) Final payment to Jagoe Public Company for the paving of Ruddell Street was approved in the amount of $9,952.29. Meeting adjourned at 10:12 p.m. MAYOR City Council November 1, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, November 1, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Stewart, Nash and Gay; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Mitchell, seconded by Gay that the minutes of the Special Called Meeting of October 14, 1977 and the Regular Meeting of October 25, 1977 be approved. Motion carried. 2. The Council considered an Ordinance amending the zoning Ordinance from Agricultural (A) to Light Industry (LI) on approximately 145 acres located north of Airport Road and west of Precision Drive. The following Ordinance was presented: ORDINANCE NO. 77-56 (George Hopkins) 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 145,117 ACRES OF LAND, MORE OR LESS, 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 Stewart that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 3. The Council discussed emergency medical service. - The City Manager asked the Council for guidance since the Westgate Hospital's Agreement of two years service to fund the ambulance services without benefit of subsidy will terminate at the end of this year. The Manager stated that Westgate had furnished excellent, high quality service. He added that a private ambulance service has indicated interest in providing service. The Mayor suggested that the NCTCOG Medical Services Division be contacted for assistance. Mayor Pro Tem Mitchell stated that Westgate had done a good job, adding that originally Westgate, Flow and the Fire Department were considered to provide ambulance service. He added that he could not see a private firm trying to furnish this service at this time. Motion was made by Nash, seconded by Mitchell to proceed with a study of ambulance service and to request the involvement of NCTC~G in this study. Motion carried. 4. Bob Nelson, Director of Utilities, reported on the activities of TMPA. TMPA Board met at Bryan last Thursday evening and Friday morning. (A) Election of officers--President-Bob Nelson of Denton, Vice President-Travis Bryan of Bryan and Secretary-Treasurer-Gwen Smale of Garland. (B) Delays are still a concern. The Board authorized the Staff to exercise all possible reasonable efforts to get the Plant on the line by January 1, 1982. (C) Purchased the following equipment: (1) Electrical Switchgear (2) Auxiliary Equipment Transformers (3) Plant substations A total of 7 contracts totaling $4,000,000 (D) The Board met with several land owners at the Plant site and toured the site. 338 November l, 1977 Continued (E) Estimated engineering work--60-70% complete Estimated equipment purchases--50-60% complete Estimated actual site construction--lO% complete 5. The Council considered a Resolution authorizing the Purchasing Agent to bid on government surplus property. 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 1ST DAY OF NOVEMBER, A.D. 1977. RESOLUTION WHEREAS, effective October 17, 1977, municipalities are permitted to bid on government surplus items sold by the General Services Administration thru the Texas Surplus Property Agency; and WHEREAS, the City of Denton desires to bid, from time to time, on government surplus items in order to use such items for the City; and WHEREAS, it is necessary to designate an agent for the City of Denton to submit such bids, and to obligate any necessary funds for the purchase of such items; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That John Marshall, Purchasing Agent for the City of Denton, Texas, is hereby authorized to submit bids on behalf of the City of Denton, Texas, to the General Services Administration thru the Texas Surplus Property Agency for the purchase of government surplus property and to obligate any necessary funds for such purchases, and is authorized as the agent for the City of Denton regarding such surplus items provided the City of Denton Charter provisions, purchasing ordinance and State Statutes are not violated. PASSED AND APPROVED this the 1st day of November, A. D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Nash that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 6. The Council considered methods of financing reconstruction of the trade square parking lot. City Attorney Paul Isham briefed the Council as follows: (A) If approved, the City would have to issue Certificates of Obligation that are approved by the Attorney General of Texas. (B) Paul Horton, bond attorney, has informed us that there can be no underlying agreement, either before or after the issuance of the certificates by the bank or anyone else, that would guarantee to the City that there would be revenues sufficient to retire the indebtedness. November l, 1977 Continued (C) If the City improves the property, certificates would be issued with no guarantee of repayment. (D) After the property is improved, the City could rent or lease all or a portion of the parking spaces. We could also install gates that would activate upon payment of a coin or a subscribers card. (E) The bank has requested that the City improve the Trade square property and name it Williams Square. Councilman Nash stated that he would not vote for Certificates of Obligation unless the City has a lease agreement of the property. Motion was made by Gay, seconded ~>y Stewart to approve the reconstruction of the trade square parking lot and the issuing of Certificates of Obligation to the First State Bank of Denton, and that the area to be named Williams Square. Motion carried. 7. The Council considered the agenda for the November 8th study session. Motion was made by Nash, seconded by Stewart to approve the following agenda: ,.. 5:00 p.m. Consider participating with the Denton Independent School District in a contract for the services of Professional Appraisal Company 7:00 p.m. Receive a report from Gilbert and Associates, Inc. regarding their study of our electrical system. Motion carried. 8. The Council considered the Consent Agenda. Motion was made by Mitchell, seconded by Nash that the following Consent Agenda be approved: Motion carried. CONSENT AGENDA Each of these items is re~mmended by the Staff and approval thereof will be strictly on the basis of the staff recommendation. Approval 6f the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendation: (A) PURCHASE ORDERS (1) Repair Rig #5221--Electric Bucket Truck Approved purchase order number 3,4668 to Utility Equipment Company of Irving in the amount of $5,012.71. (B) BIDS (1) #8522 Refuse Container & Compactor The bid was awarded as follows: ITEM # QUANTITY SIZE DESCRIPTION LOW BIDDER AMOUNT lA 30 2 cu. yd. Container Industrial Disposal $ 162.70/ea lB 40 3 cu. yd. Container Ebeling Mfg. Co. $ 189.00/ea lC 25 4 cu. yd. Container Industrial Disposal $ 223.70/ea 2 2 20 cu. yd. Packer/Cont. Intern'l Environmental Co. $6,346.00/ea The total of this bid as recommended and shown above for all items is $30,725.50 November l, 1977 Continued 9. 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 lST DAY OF NOVEMBER, A.D. 1977. RESOLUTION WHEREAS, the City of Denton desires to enter into an agreement with Human Resources Management for the training of supervisors and managers at the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Chris Hartung, City Manager of the City of Denton, Texas, is hereby authorized to enter into an agreement with Human Resources Management of Richardson, Texas for the training of first level supervisors and department managers and assistant department managers of the City of Denton, Texas for the cost of $7,680.00 plus materials cost and administrative expenses. PASSED AND APPROVED this the 1st day of November, A. D. 1977. /s/ ELINOR HUGHES, 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 Step, art, seconded by Nash that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council adjourned into Executive Session at 7:45 p.m. to discuss the following: I A) Land acquisition for Avenue E, Eagle Drive and Bonnie Brae. B) Consultation with auditors regarding audit contract. (C) Consultation with City Attorney regarding Aubrey Reservoir and David Nichols litigation. (D) Personnel and Board Appointments. The Council reconvened into Public Session at 10:28 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:30 p.m. MAYOR CITY SECRETARY City Council November 8, 1977 Special Called Study Session of the City Council of the City of Denton, Texas, Tuesday, November 8, 1977 at 5:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Members Ramey, Davis, Shelton and Munson. 1. The Council considered participating with the Denton Independent School District in a contract for the services of the Professional Appraisal Company. The Mayor opened the session and requested opening remarks by the City Manager. The City Manager briefed the Council on the importance of continuing re-appraisal as property values change. He stated that property evaluation and tax rates are not the same. The tax rate is set by the City Council and property values by tax appraisers. The City and school should have same tax appraisal. Jerry Griffin of the Professional Appraisal Company outlined the history of his company, stating that they had 20 years experience. He outlined the reasoning behind continuing re-appraisal and that not all property in Denton be re-appraised every year, just new construction, zoning changes, additions to existing buildings, etc. The City Manager recommended participating with the Denton Independent School District and to approve a contract for continuing appraisal. On the suggestion by the Mayor, the Council agreed to place the matter on the November 15 Council Agenda. 2. The Council recessed until 7 p.m. 3. The Council reconvened at 7 p.m. to receive a report from Gilbert Management Consultants regarding their study of our electrical system. The report was presented by R. M. Keith, Jr., Vice President, General Manager Gilbert Management Consultants; A. A. Herman, Jr., Project Manager Consulting Economist; B. Mangione, Senior Consulting Engineer; R. H. Schmidt, Senior Consulting Accountant and J. L. Wise, Senior Consulting Engineer. \ The highlights of the report follow: (A) Denton's Electric Utility is "generally well-run," (B) Gave high marks to the dedication and concern of those managing the utility. (C) Need for more intensive and in-depth planning for future operations. (D) Denton's participation in TMPA "is reasonable," given today's economic conditions. (E) Recommended that Denton require TMPA to study all reasonably available power alternatives. (F) Denton's present plans for generation are the only legally available alternative as determined by Denton's City Attorney. (G) Independent expansion of Denton's generation system was not economically practical. (H) Pointed out that Denton, through Denton's participation in TMPA, is prudently shifting to lignite fuel and purchased portions of nuclear generating stations - a move offering economies that Denton "could not experience through independent action." (I) More planning activities should be conducted by Denton personnel rather than relying on TMPA for most of the planning functions. November 8, 1977 Continued (J) Found the City's power plant facility to be well-run, but noted that the Engineering Department "has suffered most due to the absence of a Director of Utilities for an extended period." (K) Called for the development of a five-year construction program as well as a more formal training and safety program. IL) Found the City's rates to be slightly above average. M) The skyrocketing cost of natural gas, on which the Denton System depends for fuel, is a major reason behind the higher rates. (N) Council needs to comply with bond covenants, especially regarding extension and improvement fund. (0) Need better planning in Electric Department. (P) Power Plant needs to watch economic loading of generating units and spinning reserve. (Q) Discussed purchasing wholesale power from TP & L or other large utility as an alternative. (R) The Management Review was authorized by the City Council because of the concern over the rising cost of electric power and because the City Charter requires that a Management Review be conducted at least once every ten years. 4. The following questions were asked: Nash--Do you think it worthwhile to sell our system? Answer--Denton must continue on its present contractual obligation. We cannot offer constructive answers on this question. Nash--What happens if Grimes County Plant is damaged? Answer--There is a risk in anything. Denton would be obligated for a portion of the loss. Nash--Where would we get money if a loss occurs? Answer--Through your rates. Mitchell--How can we know what TP & L rates will be in 19817 Answer--We cannot know exactly. COMMENTS Harpool--The study has been objective and thorough. Complimented consultants for their work. Hughes--Concurred with Mr. Harpool and stated that recommendations will be acted upon in order to improve the City electric system. The City Manager assured the Council and the Utilities Board that the Staff will provide them with the things that we can do now or in the future. He stated that the consultants gave a good report and that he was pleased with this type of reporting. He stated, "we intend to see that the City and the Electric Plant operations be run in a businesslike manner". Utilities Board Member Davis asked that the Electric Production Staff be advised of the compliments from the consultants concerning the excellent manner in which they operate the plant. 5. The Council adjourned into Executive Session at 8:55 p.m. to discuss Personnel and consider Board Appointments. 6. The Council reconvened into Public Session at 9:20 p.m. Motion was made by Gay, seconded by Stewart that Ed Stapleton be appointed to the Denton Housing Rehabilitation Committee. Motion carried. Motion was made by Gay, seconded by Hughes that Mr. Dave Thomas be appointed to the Airport Board. Motion carried. Meeting adjourned at 9:24 p.m. ~ ~ 343 City Council November 15, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, Now.mber 15, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes and Members Stewart and Nash; City Manager Chris Hartun~, Assistant City Manager Jack Owen, Assistant City Attorney Jim Blantor, City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Mitchell and Council Member Gay. 1. Motion was made by Stewart, seconded by Nash that the minutes of the Regular meeting of November 1, 1977 and the Special Called Joint meeting of November 8, 1977 with the Utilities Board be approved. Motion carried. 2. The Council considered an Ordinance closing and abandoning Austin Street from Sycamore Street to Mulberry Street and authorizing the Mayor to sign a quit claim deed. Motion was made by Nash, seconded by Stewart that action on the Ordin- ance be tabled. Motion carried. Stewart stated that he was in favor of tabling the matter because he felt that the Council should include requirements for a crossing for pedestriars. 3. The Council considered participating with the Denton Independent Schcol District in a contract for the services of Professional Appraisal Company. Motion was made by Nash, seconded by Stewart to approve employment of Professional Appraisal Company to keep appraisals up to date, but that these appraisals not be used as a method of raising taxes without raising the tax rate, and if all appraisals of existing property are raised 10%, the tax rate be lowered 10%. Motion carried. 4. The Council considered a Resolution authorizing the Mayor to sign a deed conveying certain properties to the Denton Housing Authority. The Resolution was presented and motion was made by Stewart, seconded by Hughes that the Resolution be passed. On roll call vote Stewart "aye", Nash "nay" and Hughes "aye". Motion failed since 3 favorable votes are necessary for passage. 5. The Council considered setting the agenda for the November 22nd study session. The City Manager stated that it would be a good time to sit down and articulate on the over all goals of the City. The Council concurred. 6. The Council considered the Consent Agenda. Council Member Nash requested that item A-l, Petition Z-1314, be removed. from the Consent Agenda. (See item #7) Motion was made by Nash, seconded by Stewart that the following Consent Agenda be approved with item A-l, Petition Z-1314 removed. Motion carried. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendation. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendation: (A) FOR REFERRAL: (1) The following petition was referred to the Planning and Zoning Commission for its recommendation: Z-1315, the petition of Mr. Hardy Burke, requesting a change in zoning from General Retail (GR) and Agricultural (A) to Commercial (C) classification on the east side of Willow Lane 185 f~et~north of West University Drive. This property is further described as being'City Lots 40 and 41, Block 4028-2, a portion of Denton Estates Mobile Home. November 15, 1977 Continued (B) BIDS: (1) #8523 Dirt work at Southridge Park Awarded to Claude Smith Excavating Company for moving, grading, leveling and compacting approximately 10,000 cubic yards @.85¢ per cubic yards to be paid from Park Bond funds. (2) #8525 Theater Seating for Council Chambers The bid was awarded to the low bidder, J. F. Clark Company for $5,921.00 with delivery in 90 days. (3) #8528 Fire Department Hose Awarded as follows: ITEM 1 3" Fire Hose, to Fire Appliance Company $2,230.00 ITEM 2 2 1/2" Fire hose, to Fire Appliance Company 1,490.00 ITEM 3 1 1/2" Fire Hose, to CASCO Industries 1,060.00 Less 1/2% on Item 3 5.30 TOTAL BID $4,774.00 (4) #8529 Fire Department Uniforms Awarded as follows: Item l, pant~ to Cravens at $15.75 each Item 2, shirts to Donovan at $7.70 each Item 3, officers shirts to Donovan at $7.70 each Item 4, jackets to Cravens at $26.14 each Item 5, jackets H.D. to Cravens at $31.14 each Item 6, caps to Donovan at $10.95 each Item 7, caps for officers to Donovan at $10.95 each (C) Ratified the contracts for improvements at Denton Municipal Airport as follows: PROJECT CONTRACTOR AMOUNT Relocate road Crookham & Vessells $ 68,641.67 Clearing Marriott Brothers 12,000.00 Runway/Taxiway extension Marriott Brothers 288,725.00 Airport lighting Glo Construction Co. 33,239.50 (D) Approved purchase order #34500 in the amount of $3,079.52 to Shaw Equipment of Dallas for the repair of a track loader used at the Landfill. 7. The Council considered Z-1314, the petition of Mr. Leroy Howe, request- ing a change in zoning from Agricultural (A) to Two Family (2-F) classification on City Lots 1,2,3,4,5,6, Block 4072. This property is located across from Good Samaritan Village on the west side of Hinkle, south of Haggard, and totals approximately 10.1 acres. Council Member Nash sta~ed that he was concerned that this prooerty might be in a flood plain. Motion was made by Nash, seconded by Stewart to refer the petition to the Planning and Zoning Commission for its recommendation. Motion carried. 8. The Council adjourned into Executive Session at 7:20 p.m. to discuss Personnel and consider Board appointments. 9. The Council reconvened into Public Session at 7:40 p.m. Motion was made by Stewart, seconded by Nash that Robert Nelson, Director of Utilities, and Chris Hartung, City Manager, be appointed to the TMPP Board. Motion carried. Meeting adjourned at 7:45 p.m. ~ ~ C City Council November 22, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday November 22, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Assistant City Manager Jack Owen. 1. The Council considered a Resolution authorizing the Mayor to sign a deed conveying certain properties to the Denton Housing Authority. 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 NOVEMBER, A.D. 1977. RESOLUTION WHEREAS, the City of Denton, Texas, wishes to bargain, sell and convey to the Denton Housing Authority or Lewis Wallace, his heirs and assigns a certain tract of realty located in the City of Denton, Texas, and more fully set out az follows: All that certain lot, tract or parcel of land lying and being part of the J. Carter Survey, Abstract No. 268 and being part of Lot Nos. 5 & 6, of the W. S. Hurst Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from V. L. McCart, Trustee to City of Denton by deed dated May 20, 1971 and recorded in Volume 622, Page 112 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 of beginning being 123.31 feet south 0° 28' 54" east of the northwest corner of said tract; THENCE north 88° 11' 25" east a distance of 113.65 feet to a point for a corner in the west right of way line of Bell Avenue; THENCE south 1° 17' 3" west along the west right of way of Bell Avenue a distance of 65.31 feet to the beginning of a curve to the right, said curve to the right having curve data of ~ = 32° 50' 48", R=501.11', T=147.71' and L=287.28'; THENCE southwesterly along said curve to the right, same being the west right of way line of Bell Avenue, a distance of 287.28 feet to the beginning of a second curve to the right, said second curve to the right having curve data of /~ : 4° 57' 14", R=480.00', T=20.50' and L=41.50'; THENCE southwesterly along said second curve to the right, same being the west right of way line of Bell Avenue a distance of 41.50 feet to a point for a corner in the west boundary line of said tract; THENCE north 0° 38' 33" east along the west boundary line of said tract a distance of 366.96 feet to the place of beginning and containing 35,157.9 square feet of land, more or less. WHEREAS, the City of Denton and the Denton Housing Authority or Lewis Wallace, his heirs and assigns agree that a consideration of Seventy-Five Cents (75~) a foot or $26,368.42 is a fair and agreed value of such described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the City of Denton and the Denton Housing Authority or Lewis Wallace, his heirs and assigns enter into a Contract for the sale of the above described property and that the Mayor of the City of Denton, Texas be and is hereby authorized to execute such instruments that are necessary to consummate such transfer. November 22, 1977 Continued PASSED AND APPROVED this the 22nd day of November, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JAMES A. BLANTON, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Stewart that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "nay", Mitchell "aye'~ and Hughes "aye". Motion carried 4 to 1. 2. The Council considered an Ordinance closing and abandoning Austin Street from Sycamore Street to Mulberry Street and authorizing the Mayor to sign a quit claim deed. The following Ordinance was presented: ORDINANCE NO. 77-57 AN ORDINANCE CLOSING A CERTAIN PORTION OF AUSTIN STREET; VACATING, CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF AUSTIN STREET LYING BETWEEN SYCAMORE STREET AND MULBERRY STREET AS PER MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRES ITS CONTINUED EXISTANCE; AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Stewart "nay", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 3. The Council considered Q=7, the request of Ralph Flesher to quit claim an easement in the Southridge Addition. Motion was made by Nash, seconded by Stewart that the request for a quit claim deed for Ralph Flesher be approved and to authorize the Mayor to sign. Motion carried. 4. The Council articulated relative to overall goals for the City of Denton, requested by the City Manager at the meeting of November 15, 1977, as follows: Stewart: ~-~ Complete Capital Improvements Program. (B) Review Airport management. (C) Requested Staff to give Council more lead time with information. (D) Improve communications between City and citizens. (E) Analyze fiscal impact of new projects. (F) Coordinate with universities and other entities on planning. Ga~) Review "Decisions for Denton", prepared by citizens several years ago. l B) Strive for a balanced growth of the City. C) Plan for future ambulance service. November 22, 1977 Continued ~:Review the Denton Comprehensive Plan on some kind of time basis. (B) Set up a regular Capital Improvement program for the sewerage system. (C) Obtain information on what subdivision or what large projects effect our sewerage system, water system, etc, (D) Concerned with revitalization of the downtown area. (E) A transit system, if financially feasible. Nash: ~) A long range water supply. (B) Solid Waste Disposal facilities. (C) Alternate fuel source for TMPA (D) Renovation of streets, with some type of temporary surface on gravel streets. (E) Consider buying wholesale power from a large utility. (F) Make sewer available for those in the city limits not being served. (G) Concerned with practice of providing utilities for persons otltside the city limits. (H) A building complex in North Lakes to serve art groups, square dancers, historical society, theater groups, etc. (I) Hope that North Loop 288 will be built. (J) Build a centralized warehouse. (K) Improve employee productivity. Mitchell: (A) Do everything possible to hold down costs of operation. (B) Need major overhaul of streets. (C) Concerned with future water supply. (D) Not to give up idea of building South Loop 288 as well as the North Loop. (E) Felt that the original Sanitary Landfill was best one. (F) Continue airport development. (G) Need to be better informed relative to TMPA progress and regular reports from TMPA Staff to the Council. (H) Explore the possibility of buying or renting the County Anne:<. (I) Provide adequate firing range for Police~ 5. The Council adjourned into Executive Session to discuss personnel. 6. The Council reconvened into Public Session at 9:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:25. p.m. MAYOR City Council December 6, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, December 6, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul ~sham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Gay that the minutes of the Regular meeting of November 15, 1977 and the Special Called Meeting of November 22, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1315, the petition of Mr. Hardy Burke, requesting a change in zoning from General Retail (GR) and Agricultural (A) to Commercial (C) classification on .74 acre located on West University Drive in Denton Estates Mobile Home Park. This property is on the east side of Willow Lane, 185' north of University Drive. After hearing 1 proponent and none in opposition and a briefing by the Director of Community Development, the following Ordinance was presented: ORDINANCE NO. 77-58 (Hardy Burke) 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 40 AND 41, BLOCK 4028-2, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. (B) A public hearing was held to consider adoption of a flood insurance Ordinance for the City of Denton. One spoke in partial opposition and none in favor, but the Council discussed the matter at length. Harry Down, Developer of North University Place, suggested that the matter be weighed carefully, since some mandatory requirements could be made by the Federal Government. The Director of Community Development stated that the subsidy flood insurance rat~was $~t at 25¢ ~e~ $100 and that the rate would remain the same. He added ~q~..t~y~#~kl~.~¥.act until a map prepared by the U.S. Geological Survey was rec6$~ed in September~ 1978. He also stated that if a builder wanted to build in a flood plain, flood insurance would be mandatory to obtain a loan, adding that if the project is locally administered, the City must take some action by January 1, 1978. No official action was taken. 3. The Council considered plans for the construction of sidewalks near public schools in the City. The City Manager briefed the Council and stated that $90,000 was available for the project and that the City plans to have the sidewalks constructed by the start of school next Fall. Motion was made by Nash, seconded by Stewart to authorize the Staff to proceed toward building of sidewalks near schools in the amount of $90,000. Motion carried. December 6, 1977 Continued 4. The Council considered the petition of Mr. Charles Glasgow, requesting the City quit claim a 10' drainage easement existing on the rear of Lot 4, Block B, in the Teasley Mall Subdivision. This property is located west of Teasley on the north side of Londonderry Lane (Q-8). Motion was made by Stewart, seconded by Gay that the request be approved and the Mayor be authorized to sign the Quit Claim Deed. Motion carried. 5. The Council considered approwl of the Tax Roll of real estate and personal property in corporate limits rendered for the year 1977. Motion was made by Mitchell, seconded by Stewart that the Tax Roll for 1977 be adopted as follows: Accounts Tax Valuation 1,503 $ 497,742.37 $ 40,140,514 Business Personal Property 12,386 223,980.64 18,062,955 Personal Property 13,933 2,642,883.42 213,135,760 Real Estate Property 27,822 $3,364,606.43 $271,339,229 Motion carried. 6. The Council considered a recommendation from the Traffic Safetv. Support Commission to make the west service road on 1-35E near Josten's two-way from State School Road to Regal Road. The Director of Community Development briefed the Council and recommended approval, but stated that in order to make such a change the City must get permission from the State. Mayor Pro Tem Mitchell questioned the safety of the change. Motion was made by Nash, seconded by Hughes to make the west service road on 1-35E near Josten's two way from State School Road to Regal Road, a total of one block. Motion carried 3 to 2. 7. The Council considered recommendation from the Traffic Safety Support Commission to install a traffic light at the University Drive-Bonnie Brae intersection. The Director of Community Development stated that a signal for this location could be used from another intersection. Mayor Pro Tem Mitchell stated that there were too many stop lights in the City now. Motion was made by Nash, seconded by Stewart to approve the installation of a traffic light at the University Drive-Bonnie Brae intersection. Motion carried. 8. The Council considered abandoning a 16 foot utility easement existing on the south side of Lot 1, Block 24, in the Southridge Addition (Q-7: Flesher). Motion was made by Stewart, seconded by Nash to approve abandoning a 16 foot utility easement existing on the south side of Lot 1, Block 24, in the Southridge Addition (Q-7: Flesher) Motion carried. 9. The Council considered final approval of plans and specifications for the recreation centers and authorizing going to bid. Norman Hatfield, with Hatfield-Halcomb, presented the complete plans to the Council. Dick Huck, Director of Parks and Recreation, stated that the Parks Board recommended that the bid proceed on the two centers. Cost estimates for North Lakes Center is $353,638 and for Denia $342,666, for a total of $696,304. Motion was made by Nash, seconded by Gay to authorize the Staff to proceed for bids for the two recreation centers. Motion carried. December' 6, 1977 Continued 10. The Council received a report on the proposed hotel-motel occupancy tax increase. The Council was briefed by the City Manager, who stated that the six leading motels had been contacted and that the survey was somewhat negative. He suggested that the Arts groups might contact the motels relative to what is to be done with the extra money from an occupancy tax increase. No official action was taken. 11. The Council considered a contract with Alexander Grant and Company to audit airport operations. Tommy Prescott presented the proposal of Alexander Grant and Company. Council Member Stewart asked, "can we have special requests?" Prescott answered yes. Mayor Pro Tem Mitchell--"We can audit in house for much less than $8,000. This audit is 1/3 of our annual City Audit." City Manager--"it is virtually impossible to do this in house." Council Member Nash--"We need to get the Airport controversy behind us." Motion was made by Stewart, seconded by Nash to approve Alexander Grant and Company to audit the Airport at $8,000. Motion carried 4 to 1. 12. The Council discussed the Airport Management Report. Council Member Stewart asked if the Airport Board was meeting on this matter. King Cole, Assistant To The City Manager, stated that the Committee has been working, but misunderstood when the report is due. It is possible to have the report in by mid January. No official action was taken. ~ 13. The Council considered ratifying the City Manager's extension of the City Secretary's appointment for' one (1) year, Motion was made by Mitchell, seconded by Nash that the extension be approved. Motion carried. 14. The Council considered the disposition of two (2) fire trucks. The Manager recommended that the 1935 ladder truck be loaned to the Fire Museum of Texas, stating that the Chief also recommended that the Purchasing Department advertise the 1953 American LaFrance pumper truck for sale, since it has been replaced from the motor' pool fund and the money credited to this account. Motion was made by Nash, seconded by Gay to authorize the loan of the 1935 ladder truck to the Fire Museum of Texas and that the 1953 American LaFrance pumper truck go for bids. Motion carried. 15. The Council received a report on TMPA from Bob Nelson, Director of Utilities as follows: Financing: TMPA Finance team is working diligently on financing-- that Taxpayer's Association is causing delays. Lawsuit: Paul Isham reported that oral arguments are set for hearing in the Houston Court of Appeals the last week of January. Negotiations: TMPA Staff members have been meeting with County Commissioners, County Judge, and School Superintendent of Grimes County relative to taxing agencies. 351 December 6, 1977 Continued TMPA Board Meetings: TMPA Board'Meetings are being held in member cities. TMPA Transmission Requirements: Negotiations are proceeding very satisfactorily with TP & L for inter-dependent transmission facilities. Future Generation Requirements: Load requirements indicate another' 400 to 500 MW unit will be required by 1987 or 1988, but economics i~dicate anothe~ plant of this size'will be required by 1985 or 86. Denton will still need to utilize their own steam plant to meet the loads of the City. A decision to proceed will be required by mid to late 1978. Comanche Peak: Negotiations for Comanche Peak nuclear units in final stages. Nash reminded the Council of the Gilbert study recommending a study for Denton prior to entering into an agreement for the 400 to 500 MW TMPA unit, and asked if TMPA had investigated the possibility of purchasing power from TP & L. Nelson advised that nothing conclusive had developed as of this date. Nash asked about the status of fuel for the Comanche Peak units. Nelson advised that Texas Utilities has agreed to furnish the fuel for TMPA's portion of the plant. 16. The Council received a report on parking around the Universities. The reports were presented in writing by Tom Hart, Administrative Assistant, and Robert Mills, Police Chief. ICopies of the reports are in packet #4796 in the City Secretary's File) No official action was taken. 17. The Council received a report on code enforcement. In briefing the Council, the City Manager stated that he would bear full responsibility for vigorous enforcement of the code governing dilapadated structures, signs, junk vehicles, junk and salvage yards and weeds and litter, and that the program will be under the direction of the Community Development Department. He stated, in response to a question by Stewart, that the City would increase its~ousekeeping efforts to insure that the City complies with the code. The Mayor requested regular reports on code enforcement activities,. No official action was taken. 18. The Council considered setting the agenda for the December 13, 1977 Study Session, with suggestions as follows: Receive a report on surplus property within the City of Denton. Receive a report regarding development of an airport height zoning plan. Receive a repor~ on the s.~tus of the traffic signal improvement Receive a report concerning the city's policy regarding sanitary sewer backups. Receive a report on utility service inside and outside of the city limits. December' 6, 1977 Continued 19. The Council considered the Consent Agenda. Motion was made by Nash, seconded by Gay that the following Consent Agenda be approved. Motion carried. (A) FOR REFERRAL ONLY: (1) Z-1316, the petition of Mr. Tommy Caruthers, requesting a - change in zoning from Single Family (SF-7) to Light'Industrial (LI) classification on .3 acre located behind property at 1200 Ft. Worth Drive referred to the Planning and Zoning Commission for its recommendation. (This is the site of Caruthers Oil Company) (2) Z-1317, the petition of Mr. L. L. McAninch, requesting a change in zoning from Single Family ~SF-7) to Multi-Family Restricted (MF-R) on City Lots 2, 3 and 4; Block 134 referred to the Planning and Zoning Commission for its recommendation. (This tract, totalling approximately .62 acre, is located on the east side of Locust just north of the intersection of Locust and College Park Drive. (B) BIDS: (1) #8530 Vacuum Street Sweeper Awarded to Environmental Sales and Service at a total overall low bid of $46,299, FOB Denton. (2) #8531 Remodel Police Department Awarded to the low bidder, McAninch Construction Company at $7,508.70. (3) #8532 Water Line--North Lakes Park Awarded to the low bidder, Turner Construction Company for a total of $40,192.00. (4) #8536 Flash Mixer Awarded to Mixing Equipment Company, Inc. at $3,260. (5) #8533 Parking Lots--North Lakes and Denia Park Awarded to Denton Construction Company at a bid of $63,103. (6) #8542 Street Lights Items 1 & 2 awarded to Temple, Inc. at a bid of $6,114.50 Items 3,4 & 5 awarded to WESCO Electric at a bid of $11,741 20. The Council adjourned into Executive Session at 9:30 p.m. to discuss right-of-way on Avenue E and Eagle Drive Project, Sherman Drive Project and personnel. 21. The Council reconvened into Public Session at 10:00 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:04 p.m. _ MAYOR 353 City Council December 13, 1977 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, December 13, 1977 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Members Gay, Nash and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Mitchell 1. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD ~N THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF DECEMBER, A.D. 1977. THE STATE OF TEXAS { COUNTY OF DENTON~ RESOLUTION IN APPRECIATION OF CITY OF DENTON ] THE DENTON BRONCO FOOTBALL TEAM WHEREAS, the City of Denton, Texas is honored by the presence of an outstancing 1977 Bronco Football Team; and WHEREAS, these young men having 8 wins, 2 losses and 1 tie overall, and 6 wins and no loss in district play accomplished winning the championship in District 6-AAAA for the first time in five years; and WHEREAS, these young and dedicated athletes are adding honor and prestige tc. Denton High School, and the City of Denton by giving of their time and efforts to the game of football; and WHEREAS, it is only fitting and proper to recognize such outstanding and esteemed athletes, and to encourage them to remain within, and be a part of, our community. NOW, THEREFORE, the City Council of the City of Denton acting on behalf of the citizens of Denton wishes to acknowledge with grateful appreciation the accomplishments and recognition that the Denton High School Bronco Football Team has brought to the City of Denton, and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to the team in care of Bill Shipman as a token of our appreciation. PASSED AND APPROVED this the 13th day of December, A.D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si .. -,.:,,. PAUL C. ISHAM, CI'T~ ATTORNEY ..... '-,:~ CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Gay that the Resolution be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", and Hughes 'aye". Motion carried. December 13, 1977 Continued 2. 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 13TH DAY OF DECEMBER, A.D. 1977. THE STATE OF TEXAS I COUNTY OF DENTONi Resolution In Appreciation Of CITY OF DENTON The Mean Green Football Team WHEREAS, North Texas State University is classified in Division I by the National Collegiate Athletic Association (NCAA); and WHEREAS, the Mean Green athletic teams under the leadership of Hayden Fry , Athletic Director, have been upgrading their programs and seeking national prominence in athletics; and WHEREAS, Head Coach Hayden Fry and his staff have led the 1977 Mean Green Football team to a 9 win-2 loss season; and WHEREAS, this represents the best record of a NTSU football team since 1959, and this team has gained national recognition for North Texas State University and the City of Denton; and WHEREAS, two members of the team, Ken Washington and Walter Chapman, have received All-American recognition; and WHEREAS, the team has played with great desire, ability and sportsmanship that characterizes them as true champions; NOW, THEREFORE, the City Council of the City of Denton acting on behalf of the citizens of Denton wishes to acknowledge with grateful appreciation the accomplish- ments and recognition that the North Texas State University Mean Green Football Team has brought to the City of Denton, and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to the team in care of Hayden Fry as a token of our appreciation. PASSED AND PPPROVED this the 13th day of December, A. D. 1977. /s/ ELINOR HUGHES, 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 Stewart, seconded by Gay that the Resolution be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye" and Hughes "aye". Motion carried. 3. The Council considered joining the Denton County Community Council. The Mayor advised that the Council coordinates social service system in Denton. The Council initiated the SPAN Program. Motion was made by Hughes, seconded by Nash that the City of Denton join the Denton County Community Council. Motion carried. December 13, 1977 Continued 4. The Council received a report on surplus property within the City of Denton. The City Manager pointed out on a map the property owned by the City, stating that very little is surplus, but there are saleable remnants. The City Attorney stated parcels of property can be sold to adjacert owners without formal bidding; all other by competitive bid. Dr. Harold Perry of the Greater Denton Arts Council requested use of the old Post Office Building as a temporary home for the Community Theater, stating they would build and p~y for a stage. Council Member Nash suggested that the City pay the utility bill, if approved, but the City should look into the matter of City liability. 5. The Council received a report regarding development of an airport height zoning plan. King Cole briefed the Council, advising that an Airport Height Zoning Board, An Airport Zoning Commission and an Airport Board of Adjustment must be appointed to meet FAA requirements, adding that the City must come up with a height zone ordinance with map. He asked the Council for guidance, and to contact the County, asking their cooperation. .= Council Member Stewart concurred since much of the land involved is in the County. 6. The Council received a report on the status of the traffic signal improvement program. The Director of Community Development gave the following information: (A) There are 44 total installations in the City, 20 various flashing lights. (B) 60% of the traffic improvement program is complete. It is hoped that the program will be complete by April, then a driver can drive University Drive without stopping for a light. 7. The Council received a report concerning the City's policy regardin~ sanitary sewer backups. ~. A City AttoC~y Paul I~ham stated that the City's insurance carrier will not pay claims of more than $100. We receive 10 to 20 claims per year. Council Members indicated that the City should be liable for damages from sewer backups. 8. The Council received a report on utility service inside and outside of the City limits. Utilities Engineer Ernie Tullos stated that we serve about 90 electrical customers outside the City limits. Bob Nelson and Earl Jones gave the following information: ESTIMATED COST OF SEWER LINES TO SERVE CUSTOMERS WITHIN THE CITY LIMITS THAT ARE NOT BEING SERVED AT THIS TIME Section I, Ranch Estates and Airport Road - $590,000. 80 houses. Section II, 135, Locust and Sherman Drive - $270,000. 49 houses. Section III, Highway 380, Mayhill Road, Audra Lane and McKinney Street - $300,000. 97 houses. Section IV, Loop 288, Spencer Road, 35E and Highway 2181 - $400,000 69 houses. Section V, 135 South, Highland Park Road and Highway 377 South - $330,000. 61 houses. TOTAL $1,890,000 HOUSES 356 December 13, 1977 Continued ESTIMATED COST OF WATER LINES TO SERVE CUSTOMERS WITHIN THE CITY LIMITS THAT ARE NOT BEING SERVED AT THIS TIME Section I, Highway 380 West and Airport Area - $97,500. 23 houses. Section II, 135 North~ Bonnie Brae North, North Locust and Sherman Drive - $255,000 37 houses. Section III, Mingo Road, 380 East, Mayhill Road and Spencer Road $300,000. 82 houses. Section IV, Hobson Lane, Highway 2181, Ryan Road, Highway 377 and - 35W South - $405,000. 27 houses. TOTAL $1,057,500 HOUSES 169 CUSTOMERS BEING SERVED WITH WATER OUTSIDE THE CITY LIMITS Town of Corinth, twenty-three houses on Mayhill Road, one house south of Kings Row, and one customer north of Evers Park that are all outside the City limits. CUSTOMERS BEING SERVED WITH SANITARY SEWER SERVICE OUTSIDE THE CITY LIMITS Five mobile home parks and the town of Corinth with sanitary sewer service outside the City limits. The City Manager stated that the voters have approved revenue bonds for water and sewer improvements, but with insufficient revenues the City cannot sell these bonds, adding that the City will need $1.5 million this summer to pay the 25% share of a $6 million grant for improvements. 9. The Council considered an agreement with Marriott Brothers running a water line to Denton Municipal Airport. Motion was made by Nash, seconded by Stewart to approve the agreement with Marriott Brothers and authorize the City Manager to sign the agreement. Motion carried. Meeting adjourned at 9:35 p.m. MAYOR City Council December 20, 1977 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, December 20, 1977 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Stewart and Gay; City Manager Chris Hartung~ Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Mitchell that the minutes of the Special Called Meeting of December 13, 1977 and the Regular Meeting of December 6, 1977 be approved. Motio~n carried. 2. The Council considered recommendations from the Citizens' Charter Advisory Committee. DISCUSSION: Mitchell--read a lengthy letter from an-Assi-stant Legal-~fficer of the Texas Municipal League concerning submitting election changes to the Attorney General. In essence the letter stated that it has been found where changes in Council makeup and other election changes submitted to the Attorney General result in a decision that the method of electing Council Members be done by geographic districts. Stewart--I think it is right to increase the Council to 7 members. I am for the direct election of the Mayor, and I am not afraid of the Justice Department. Gay--If we enlarge the Council we can open a can of worms. I am against requesting expansion if it would result in a ward system. Hughes--If we submit the proposed changes to Washington and they decide to rule that we must have geographic districts, what is our procedure to oppose it? Isham--They can take us to court if we refuse. In Denton it is difficult to assure that a minority will be elected, adding that Denton is one of the few cities that does not have single member districts. Nash--I am not afraid of the Federal Government. Hughes--SuggesSed that the matter be tabled until the first meeting in January. '~ ~ '. Motion was made by Nash, seconded by Stewart to table the matter until the first meeting in January. Motion carried. 3. The Council reviewed plans for the construction of drainage improw~ments in the area of McCormick Street and 1-35 and authorize the advertisement for bids. Following a briefing by the City Manager, stating that funds were not currently available for the project, but adding that it could come from Revenue Sharing money, motion was made by Stewart, seconded by Nash to approve the plans and specifications for construction of drainage improvements in the area of McCormick and 1-35 and to authorize the advertising for bids. Motion carri~.d. 4. The Council considered adoption of a Flood Damage Prevention Ordinance. Paul Isham recommended that action be postponed until a later meeting. Motion was made by Stewart, seconded by Nash to table the matter. Motion carried. 5. The Council considered allowing the Greater Denton Arts Council to use the old Post Office Building and to furnish utilities. The Manager stated that we could not furnish utilities because of Charter provisions, that considerable maintenance problems were involved and the extent of liability must be determined. December 20, 1977 Continued Mitchell stated that at the last meeting he attended the Council was going to sell the old Post Office and now they want to give it away, adding that he would like to have a survey to determine costs to remodel the old City Hall. Then we can determine the best way to go. Stewart--I agree that it should be sold. Hughes--We are making an investment when we loan this building to the Denton Arts Council. The City Manager stated that if the building was loaned to the Arts Council a motion should include the following statement: "subject to approval of a contract by both parties". Motion was made by Nash, seconded by Gay to approve use of the old Post Office building by the Greater Denton Arts Council subject to approval of a contract by both parties. Motion carried 4 to 1. 6. The Council considered a Resolution for a Federal Park Grant for North Lakes Park--Phase II. 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 MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF DECEMBER, A.D. 1977. RESOLUTION WHEREAS, 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 THE 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. SECTION III. The City Council hereby designates 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. December 20, 1977 Continued SECTION IV. The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as North Lake Park in the City of Denton for use as a park site. That North Lake Park is dedicated for public outdoor recreation purposes. PASSED AND APPROVED this the 20th day of December, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Hughes that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 7. The Council considered a contract with Black and Veatch to do a heart rate efficiency test on units 3, 4 and 5 at the Steam Plant. The City Manager briefed the Council, stating that the Public Utilities Board had recommended Black and Veatch to do the heat rate efficiency test and recommended that the Council approve. Nash stated that he would prefer to go to another engineering firm for a study, adding that the City needs to start doing business with someone else, that Black and Veatch apparently thinks that they have us in their pocket. Black and Veatch failed in the design of the last plant in 1972 or 1973. The City Manager stated that engineering firms do not bid. In this case Black and Veatch can probably do the job che~per since they are familiar with the plant and its operation. Bob Nelson--I agree with the City Manager. We are trying to meet maximum power from minimum fuel. Motion was made by Hughes, seconded by Mitchell to contract with Black and Veatch to do a heat rate efficiency test on units 3, 4 and 5 at the Steam Plant. Motion carried 3 to 2. 8. The Council considered a Resolution correcting the metes and bounds of a Resolution passed November 15, 1977 conveying a block of land to the Denton Housing Authority. City Attorney Paul Isham stated that actually 2 Resolutions were necessary, one for correcting field notes and authorizing the Mayor to sign a quit claim deed to the Housing Authority and the second to abandon an easement in Block 3 of Heritage Oaks Addition. Isham recommended that the second Resolution be deferred because it was not specified on the agenda. December 20, 1977 Continued 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 NOVEMBER, A.D. 1977. RESOLUTION WHEREAS, the City Council previously passed a Resolution on November 15, 1977, - authorizing the conveyance of a tract of land to the Denton Housing Authority or Lewis Wallace, his heirs and assigns; and WHEREAS, that Resolution contained an erroneous legal description; and WHEREAS, the City of D~nton, Texas needs to correct that description and wishes to bargain, sell and convey to the Denton Housing Authority or Lewis Wallace, his heirs and assigns a certain tract of realty located in the City of Denton, Texas, end more fully set out as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Carter Survey, Abstract No. 268, and being part of Lot Nos. 5 and 6 of the W.S. Hurst Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from V. L. McCart, Trustee to City of Denton by deed dated May 20, 1971 and recorded in Volume 622, Page 112 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a steel pin in the west boundary line of said tract, said point of beginning being 123.31 feet south 0° 28' 54" east of the northwest corner of said tract; THENCE north 88° 11' 25" east a distance of 113.67 feet to a steel pin for a corner in the west right of way line of Bell Avenue; THENCE south 1° 17' 32" west along the west right of way line of Bell Avenue a distance of 65.30 feet to the beginning of a curve to the right, said curve to the right having a central angle of 32° 50' 48", radius 501.11', tangent 147.71' and length 287.28'; THENCE southwesterly along said curve to the right, same being the west right of way line of Bell Avenue, a distance of 287.28 feet to the beginning of a curve to the left, said curve to the left having a central angle of 4° 57' 14", radius 480', tangent 20.50' and length 41.50'; THENCE southwesterly along said curve to the left, same being the west right of way line of Bell Avenue, a distance of 41.50 feet to a point for a corner; THENCE north 88? 39' 46" west a distance of 2.96 feet to a point for a corner in the west boundary line of said tract; THENCE north 0° 11' 04" west along the west boundary line of said tract a distance of 366.86 feet to the place of beginning and containing 29,976.2 square feet of land, more or less. WHEREAS, the City of Denton and the Denton Housing Authority or Lewis Wallace, his heirs and assigns agree that a consideration of Seventy-Five Cents (75¢) a foot or $22,482.15 is a fair and agreed value of such described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton and the Denton Housing Authority or Lewis Wallace, his heirs and assigns enter into a Contract for the sale of the above described property and that the Mayor of the City of Denton, Texas be and is hereby authorized to execute such transfer. PASSED AND APPROVED this the 20th day of December, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS December 20, 1977 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 Mitchell, seconded by Stewart that the Resolution be passed. On roll call vote Nash "nay", Gay "aye'~, Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 9. Lawrence Melton, Local citizen, spoke relative to several items that he was concerned with. 10. The Council considered an Ordinance establishing a traffic control signal at the intersection of Bonnie Brae and West University Drive The following Ordinance was presented: ORDINANCE NO. 77-59 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF BONNIE BRAE AND WEST UNIVERSITY DRIVE (U.S. HIGHWAY 380); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFORE; AND DECLARING ~N EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "nay and Hughes "aye". Motion carried 4 to 1. 11. The Council considered a Resolution accepting a grant in the amount of $25,000 from the Texas Aeronautics Commission. 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 2DTH DAY OF DECEMBER, A.D. 1977. RESOLUTION WHEREAS, an Application for State Assistance has been submitted to the Texas Aeronautics Commission (TAC) requesting State participation in the cost of certain improvements at the Denton Municipal Airport; and WHEREAS, the TAC has issued a Grant Offer which, if duly accepted, provides a commitment of $25,000.00 in State funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of Denton to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the City of Denton 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 Mayor 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 APPROVED this the 20th day of December, A. D. 1977. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS December 20, 1977 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 Stewart, seconded by Nash that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 12. The Council considered the following Consent Agenda. Motion was made by Gay, seconded by Stewart that the following Consent Agenda be approved with items "C" and "E" to be considered separately. Motion carried. (A) FOR REFERRAL ONLY: (1) Z-1318, the joint petition of nineteen property owners with homes located on West Oak, between Denton'and Welch Streets, seeking a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) classification was referred to the Planning and Zoning Commission for its recommendation. (2) Z-1319, the Petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on approximately ten acres located west of Stuart Road and immediately south of the Sun Valley Addition was referred to the Planning and Zoning Commission for its recommendation. (This is a portion of Lot 20, Block 136-B). (3) Z-1320, the petition of Mr. Grant Jacobso , requesting a change in zoning from Agricultural (A)'to Planned Development (PD) classification on approximately 13.2 acres located generally between Stuart Road and Bell Avenue was referred to the Planning and Zoning Commission for its recommendation. (B) CONSIDER PURCHASE ORDERS OVER $3,000.00: (1) Relocation of a 69KV transmission line north of the Denton Municipal Airport for airport improvements. Approved in the amount of $4,000. (2) Relocation payment to Noel Reese family for airport improvements. Approved in the amount of $3,840. (3) P.O. #34829--Repair Vehicle #2780--Darr Equipment Company Approved in the amount of $5,773.62 (C) The following quit claims were approved, with the Mayor authorized to sign: (1) The quit claim of an alley located within the block bounded by Mulberry and Sycamore and Industrial and Bell. (2) The quit claim of a 6' portion of a 16' utility and drainage easement existing on the north side of lots located at 2309 Leslie and 2308 Bernard. 13. Bid #8546--Senior Citizen Center Furniture Motion was made by Stewart, seconded by Mitchell to award the bid to Panther City Office Supply in the net total amount of $22,688.45, as recommended by the Staff. Motion carried. December 20, 1977 Continued 14. The Council considered a contract to retain the firm of CMH, Inc. 'For grant liaison. Motion was made by Hughes, seconded by Stewart to approve the contract to retain CMH, Inc. for technical assistance for grant liaison. Motion carried. 15. The Council adjourned into Executive Session at 9:20 p.m. to discuss personnel. 16. The Council reconvened into Public Session at lO:O0 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:03 p.m. MAYOR CITY SECRETARY City Council January 3, 1978 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, January 3, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, Assistant City Attorney Jim Blanton and City Secretary Brooks Holt. 1. Motion was made by Mitchell, seconded by Gay that the minutes of the Regular Meeting of December 20, 1977 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1316, the petition of Tommy C~ruthers, requesting a change in zoning from Single Family (SF-7) to Light Industrial classification on .3 acre located behind Caruthers Oil Company at 1200 Ft. Worth Drive. This includes a portion ~f~City Lots 29 and 30; Block 350E. No one spoke for or against the petition. T~e~Director'of Ci)mmunity Development stated that 10 letters were mailed, with none in favor and none in opposition. Motion was made by Mitchell, seconded by Gay to approve the petition. Motion carried. (B) A public hearing was held on Z-1317, the revised petition of Mr. L. L. McAninch, requesting a change in zoning from Single Family (SF-7) to Multi Family Restricted (MF-R) classification on .37 acre located on the east side of Locust just north of the intersection of Locust and College Park Drive. This includes City Lots 2 and 3; Block 134. Two spoke in favor of the petition and 7 residents of the area spoke in opposition. The Director of Community Development advised that 20 letters had been mailed, with 1 in favor and 16 opposed. Motion was made by Nash, seconded by Gay that the petition be approved. 2 voted "aye" and 3 voted "nay". Motion failed. 3. The Council considered recommendations from the Citizens Charter Advisory Committee. (A) Expansion of Council (Sec. 2.01 (a) ) Motion was made by Mitchell, seconded by Gay to delete recommendation of expanding of the Council to 7 members. Motion carried 3 to 2. (B) Direct Election of Mayor (Sec. 2.03) Motion was made by Stewart, seconded by Nash to include on the Aoril ballot the matter of direct election of the Mayor. Motion failed 2 to 3. (C) Motion was made by Stewart, seconded by Gay that all of the following be placed on the ballot for vote in April, 1978. Motion carried unanimously. Amend Time of Meeting for Board of Equalization (Sec. 7.21 (b) ) The time of meeting of the Board of Equalization shall coihcide with the' budget~process~of the Ci~y.,- Change Wording of Sec. 6.03 and 6.04 Deleting Any Reference to "Corporation" Court and Replacing to Read "Municipal" Court to Comply With Present State Laws. Clarification Or Rewording of Sec. 2.06(a) to Comply With State Law. (Specifically in reference to 4/5 vote of Council to Over- ride decisions of Planning and Zoning Commission. Charter Provision To Remove Board Members For Cause (Sec. 12.07(a) Only Reference) January 3, 1978 Continued (D) Amend Qualifications of City Manager (Sec. 5.01) Motion was made by Nash, seconded by Stewart that qualifications for City Manager be placed on the ballot for vote in April, 1978, and be changed to read, "City Manager, Assistant City Manager or equivalent". Motion carried unanimously. Motion was made by Stewart, seconded by Nash that a referendum be held in April relative to the direct election of the Mayor. Motion failed 2 to 3. Motion was made by Nash, seconded by Stewart that a referendum be held in April on the matter of whether citizens want to continue with TMPA. Motion failed with 1 "aye", 3 "nays" and Stewart abstaining. 4. The Council considered adoption of the Flood Damage Prevention Ordinance, The following Ordinance was presented: ORDINANCE NO. 78-1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CREATING A NEW CHAPTER 16 ENTITLED "FLDOD DAMAGE PREVENTION"; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordinance be pas~ed. On roll call vote Stewart "aye" Gay "aye", Nash "aye" Mitchell "aye" and Hughes "aye". Motion carried. 5. The Council considered final payment to Jay-Mar Corpora'tion for contract for oversize water line to Texas Meadows. Motion was made by Nash, seconded by Stewart that final payment to Jay-Mar Corporation for contract for oversize water line to Texas Meadows be approved. Motion carried. 6. The Council considered a Resolution abandoning all easements across Block 3 of Heritage Oak!; addition. 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 3RD DAY OF JANUARY, A.D. 1978. RESOLUTION WHEREAS, the City of Denton heretofore released and quit claimed a certain ease- ment more particularly described in said Quit Claim Deed recorded in Volume 700, Page 252, of the Deed~Records of Denton County, Texas; and WHEREAS, a plat of said area and of said easement, same being a sanitary sewer easement, was recorded ~n Volume 6, Page 41 of the Plat Records of Denton County, Texas, on or about December 31, 1970; and WHEREAS, the quit claim of said easement does not sufficiently identify said easement as being one in the same as the easement indicated on the plat; and WHEREAS, the City of Denton agrees that said Quit-Claim Deed was intended to release and abandon all easements in connection with said property and does consent and agree that said Quit-Claim Deed was intended to release and abandon the sanitary sewer easement platted across Block 3 of Heritage Oaks, an Addition to the City of Denton, as shown by Plat recorded in Volume 6, Page 41 of the Plat Records of Denton County, Texas; and WHEREAS, to clarify said Quit Claim Deed, the City of Denton hereby agrees that they are claiming no easements by virtue of the Plat recorded in Volume 6, Page 41 of the Plat Records of Denton County, Texas, on or:across Block 3 of Heritage Oaks, an addition to the City of Denton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 66 January 3, 1978 Continued That the City of Denton agrees and consents that the Quit-Claim Deed above referred to was intended and did quit claim and abandon all easements across the above described tract of land, and said City does not make any claim to any easements across Block 3 of Heritage Oaks, an Addition to the City of Denton by virtue of that certain plat of said area recorded in Volume 6, Page 41 of the Plat Records of Denton County, Texas. PASSED AND APPROVED this the 3rd day of January, A. D. 1978. /s/ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JAMES A. BLANTON, ASSISTANT CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Gay, seconded by Stewart that the Resolution be passed. On roll call vote Nash "aye", Stewart "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 7. The Council considered action on the Airport Study. Motion was made by Stewart, seconded by Nash to request the Airport Advisory Board to present to the Council their recommendations at the first meeting of the Council in February, 1978. Motion carried 4 to 1. 8. The Council considered setting the Agenda for the January 10th Study Session. The following Agenda was presented: lA) Receive a report on the Williams Square Parking Lot. B) Receive a recommendation from the Planning Commission on the Capital Improvements Program. (C) Receive a report on Recommended amendments to the Budget. (D) Receive a report on the recommendations of the Utility Board concerning utility billing. 9. The Council received a report of the December TMPA meeting from the Director of Utilities. Highlights follow: (Al Financing delayed due to law suit. (B) Capital Improvement Plan approved for one year only--1978 expenditures-S101 MM. (C) Economy power purchase agreement with TP & L to be available from 11 p.m, to 6 a.m. during non summer seasons. (D) Discussed fuel reserves for future unit which will be needed by 1986. Need to acquire fuel in 1978. (E) Approved Resolution reconfirming TMPA's interest to participate in Comanche Peak. (F) Discussed alternate site and/or cooling source for Gibbons Creek. January 3, 1978 Continued 10. The Council considered the Consent Agenda Motion was made by Mitchell, seconded by Stewart that the following consent agenda be approved, except for the item concerning a change order to contract with Crookham and Vessels, Inc. for improvements at Denton Municipal Airport. Motion carried. (A) REFERRAL ONLY: (1) Z-1321, the joint petition of Mr. Don Hall and Mr. William Johnson, requesting a change in zoning from Single Family (SF-IO) to Multi Family Restricted (MF-R) classification on 1.3 acres located on the west side of Mesquite Drive extended, beginning approximately 145 feet south of Headlee Lane was referred to the Planning & Zoning Commission for its recommendation. (2) Z-1322, the joint petition of Mr. Don Hall and Mr. William Johnson, requesting a change in zoning from Single Family (SF-IO) to Two Family (2-F) classification on approximately 6.75 acres located on both frontages of the proposed Oakhill Drive, between Mesquite Street extended and Carroll Boulevard was referred to the Planning and Zoning Commission for its recommendation. (B) BIDS: (1) #8548 Tractors and Equipment Item 1A--for the Electrical Distribution Department--Awarded to Dentex Ford Tractor Company in the amount of $19,191.46. Item 1B--for the Water and Sewer Department--Awarded to Case Power and Equipment in the amount of $15,571.00. Item 2--Awarded to Dentex Ford Tractor Company in the amount of ~-~-~-4'.85 each, for a total of $15,329.70. Item 3--Awarded to Dentex Ford Tractor Company in the amount of (2) #8543 Installation of Park Pavillions Awarded to Denton Construction Company as follows: Denia Park one-22' x 24' pavillion $1,857.00 Evers Park one-22' x 24' pavillion 1,857.00 Mack Park one-22' x 24' pavillion 1,857.00 Southridge one-22',x 24' pavillion 1,857.00 Northlakes one-22' x 24' pavillion 1,857.00 Northlakes one-40' x 24' p~villion 3,456.00 TOTAL $12,540.00 11. The Council considered a change order to contract with Crookham and Vessels, Inc. for improvements at Denton Municipal Airport. Motion was made by Mitchell, seconded by Stewart to approve the change order to contract with Crookham and vessels, Inc. for improvements at Denton Municipal Airport. Motion carried. 12. The Council adjourned into Executive Session at 9:15 p.m. to discuss Legal matters--City of Denton vs. David Nichols and Clay-Tex vs. City of Denton, 13. The Council reconvened into Public Session at 9:50 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:53. p.m. MAYOR CITY SECRETARY 368 City Council January 10, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, January 10, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell and Members Nash, Gay and Stewart City Manager Chris Hartung, Assistant City Manager Jack Owen, Assistant City Attorney Jim Blanton and City Secretary Brooks Holt. OTHERS: Frank Medanich and Mike Ashford of First Southwest Company and Milton Hill, Chairman of the Planning and Zoning Commission. 1. The Council received a report on Williams Square parking lot. Frank Medanich suggested that on January 17 the Council consider an Ordinance giving notice of intent to issue certificates of obligation for improvements to Williams Square and giving notice to bidders. (The Ordinance will be prepared by First Southwest Company and the Bond Attorney.) If the Ordinance is passed on January 17, proceed as follows: Publish Notice of Bids January 19 & 26 Open Bids on Project February 9 Award Bids February 21 Authorize Issuance of C.O.'s February 21 (These dates can slip to fit our time schedule; however, the notice of bids must be published not less than fourteen (14) days prior to receiving bids.) Estimated project cost is $109,703.95, but the Ordinance should state that the cost is not to exceed $150,000. The concensus of the Council was to proceed. 2. Dr. Harold T. Perry, Chairman of the Planning, Steering Committee for the Arts Center, made the following requests: (A) An adequate piece of land on which the Arts Center can be built. (B) Inclusion of the project in the Capital Improvements Program as a viable project with such funding as can be made available now. (C) Endorsement of the Arts Center oroject so they can enter the fund-raising and grant-writing market confident of success. Also, so they can be included as a high priority area that the new grants firm, recently employed by the City, will be researching. (D) Endorsement of the project with the understanding that they may plan wisely and responsibly with City Staff, Commissions and Boards in refining plans beginning now. (E) Have guidelines and procedures to follow so that efforts to carry out goals phase into other on going efforts and not impose on an already heavily burdened City Staff. The Council agreed to place the request of the Arts Council on the ~anuary 17, 1978 Agenda. 3. The Council discussed the proposed bond program. Jack Owen, Assistant City Manager, stated that the Planning and Zoning Commission has spent many hours and came up with an excellent 4 year plan. Milton .Hill, Chairman of the Planning and Zoning Commission, pointed out the extreme ~need~of a two lane access from 1-35E to Teasley Lane which would alleviate trafffc-~n~ai~t-ain residential development in the area. No definite date was set for the bond election. January 10, 1978 Continued 4. The Council received a report on recommended amendments to the current budget. The City Manager stated that the Staff has been working on firming up budget projections. King Cole reviewed budget amendments. Here are the net results of proposed amendments: If we take the increase in revenues and the increased expenditures shown in the expenditure section and apply those to the existing General Fund budget figures, the result is the following budget equation: $8,494,253--Budgeted Revenues 1977-78 402,021--Proposed Increase in Revenues $8,896,274--Proposed Amended Revenue Budget $8,463,846--Budgeted Expenditures 1977-78 300,923--Proposed Increase In Expenditures $8,764,77~--Proposed Amended Expenditure Budget $8,896,274--Amended Revenues 8,764,772--Amended Expenditures $ 131,502--Revenues Over Expenditures If the amendments that have been recommended above are followed, the City will have an excess of revenues over expenditures totaling $131,502. This will be a good start for a General Fund Reserve fund. 5. The Council received a report on the recommendations of the Utilities Board concerning utilities billing. The Director of Utilities, R. E. Nelson, and Assistant City Manager King Cole reviewed a proposed service policy. The areas addressed were as follows: (A) Deposit Policies (B) Connection Fees (C) Credit Ranking of Customers (D) Due Dates of Utility Bills (E) Termination of Service Procedures IF) Reconnect Fee for Account Terminated Due to Non-payment G) Meter Tampering Policies and Penalties (H) Average or Budget Billing (I) Extended Customer Service Office Hours. The City Manager reviewed possible selective blackout of arterial street lights, stating that the following streets have the possibility of using only 50% of the fixtures. Group Street Group Street A U.S. 380 B Eagle Drive Sherman Drive Hickory Bell Avenue Oak Dallas Drive Locust Ft. Worth Drive Elm Carroll Boulevard E. McKinney Windsor Drive (Bell-Locust) 6. The City Manager stated that he would like to meet with the Council on January 30 relative to a bond Ordinance and prospectus. Meeting adjourned at lO:O0 p.m. MAYOR City Council January 17, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, January 17, 1978~at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Stewart and Nash; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Mitchell, Member Gay and Assistant City Manager Jack Owen. l. Motion was made by Stewart, Seconded by Nash that the minutes of the regular meeting of January 3, 1978 and the Special Called Meeting of January 10, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1319, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on approximately 10 acres located west of Stuart Road and immediately south of the Sun Valley Addition. One spoke in favor but none in opposition. The Director of Community Development stated that 29 letters were mailed to property owners within 200 feet of the subject property, with 3 returned in favor and 2 in opposition. Council Member Nash abstained since he was doing engineering on the project, therefore no legal action could be taken with only 3 Council Members present. (B) A public hearing was held on Z-1320, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification on approximately 13.2 acres located generally between Stuart Road and Bell Avenue. One spoke in favor and one in opposition, who stated that there would be serious traffic problems that could develop on Stuart Lane. The Director of Community Development reported that 42 letters were mailed to property owners within 200 feet of the subject property, with 5 returned in favor and 6 in opposition. A petition with 4 signatures was also received. City Attorney, Paul Isham, stated that the petition was vague and it was difficult to determine if these four were opposed to the project or were primarily concerned with proper drainage. Since action could not be taken because of the possible 20% opposition and only 3 Council Members present with Nash abstaining, the Council concurred to place both petitions on the agenda of the next regular meeting. 3. The Council received a report from Deborah Shelton, the city representative of the County Committee, on the County Animal Control proposal to the Denton County Government. Deborah Shelton presented findings by a special County-wide Animal Control Committee. She pointed out the animal control problems in the County were many and gave the following proposals that the Committee presented to the County Commissioners: (A) Construct a facility to handle animals outside of Lewisville and Denton, (1) Correlate th~ available material the facility would need to handle approximately 3,000 animals per year. (2) It would need to be large enough to handle up to about 40 animals at one time. (3) Using a guestimate from the experience at Lewisville and Denton the cost would be in the neighborhood of $65,000 (4) Some of this cost would be shared by the cities involved which might be offset by possible grants. January 17, 1978 Continued 4. The Council considered endorsement of the concept of a Performing Arts Center. Dr. Stephen Farish, President of the Denton Arts Council, requested endorsement of the concept of a Performing Arts Center and to work for all requests of the Arts Council, excluding item #2, which is as follows: "Inclusion of the project in the Capital Improvements Program as a viable project with such funding as can be available now." Motion was made by Nash, seconded by Stewart to endorse the concep': of a Denton Arts Center and instruct the City Staff to work with arts leaders. Motion carried. 5. The Council considered adopting the Capital Improvements Program and setting a date for calling an election. City Attorney Isham stated that the Council must pass an Ordinance calling an election. City Manager, Chris Hartung, stated that the Staff needed a week or two to prepare an appropriate Ordinance. Council Member Stewart suggested that the election be held in April in conjunction with the Council election. The Council did not concur. Motion was made by Nash, seconded by Hughes to adopt the Capital Improvements Program as recommended by the Planning and Zoning Commission and to instruct the Staff to have an Ordinance prepared for a late February or early March election, and the Ordinance ~o be ready for Council action 30 days pri~r to the election date. Motion carried. 6. The Council considered setting a public hearing date for amending the Revenue Sharing Budget. Motion was made by Stewart, seconded by Nash that the initial public hearing be set for February 7, 1978 and that notice of hearing be placed in the Denton Recor~Chronicle. Motion carried. 7. The Council deferred action on an Ordinance giving notiqe of intent. to issue Certificates of Obligation for improvements to Williams Square and giving notice to bidders. 8. The Council adjourned into Executive Session at 8:30 p.m. to discuss land acquisition at the Denton Municipal Airport and to consult with Attorney regarding the David Nichols matter. 9. The Council reconvened into public session at 9:30 p.m. to announce that no action was to be taken. Meeting adjourned at 9:25 p.m. MAYOR City Council January 30, 1978 Special Called Joint Meeting of the City Council of the City of Denton, Texas, and the Denton County Commissioners' Court, Monday, January 30, 1978 at 12:00 noon at the Ramada Inn. PRESENT: City Council: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash and Gay; City M~nager Chris Hartung, Assistant City Managers Jack Owen and King Cole and City Secretary Brooks Holt. County Commissioners: Judge Trammell, Commissioners Switzer, Salmon and Sparks. ABSENT: City Council: Council Member Stewart County Commissioners: Commissioner Elbert 1. Airport height zoning was discussed. The .City Manager briefed the group then called on Assistant City Manager King Cole to relate the necessary procedures for height zoning required by the FAA, and requested that two members of the Zoning Board be appointed by the Commissioners and that two would be appointed by the Council as a joint Airport Zoning Board. He emphasized that the Airport was available for both County and City people. Cole stated that a map would be completed in 3 weeks to a month showing the area that wiql be involved in height zoning. No definite action was taken by the Commissioners, but they did indicate cooperation. 2. Future plans for an animal shelter for the City and County were discussed. Judge Trammell made the following statements: (A) Study has been made by representatives of the animal control groups in the County. (B) All County towns have been advised of the proposed animal control shelter and they were requested to contribute to the cost. (C) Could Denton's animal control shelter be expanded for use by some of the County towns? The City Manager stated that the City was in the process of locating a site for a new animal shelter, and it would be advantageous to the County if there were a County-wide effort to support the construction of a new shelter. King Cole stated there were many problems evident for the City to operate an all-county shelter, that an all-county operation would be more feasible if operated by the County. Commissioner Switzer stated that small incorporated towns in the County could not be required .by the Coq~missioners' Court to build a shelter and that it might be that ~ fee~s~ f~ of the shelter could be incorporated. Mayor Hughes stated~hat Texas A & M furnishes help in the area of animal control. She asked that a member of the Commissioners' Court work with the City on the matter, adding that Judge Trammell requested word from the City by February 24. Commissioner Sparks agreed to be the County representative. 3. Sale of County property to the City was discussed. The City Manager stated that the Capital Improvements Bond Election had been set and asked if there is a possibility that certain County property would be available for sale, adding that it would be advantageous to the City if the Fire and Police Departments could be housed together. Commissioner Switzer stated that he was open for future discussion of the matter. January 30, 1978 Continued 4. County use of the old City Hall was discussed. The City Manager asked if the County intended to move the City-County Health Unit to the Courthouse on the square, stating that the City building was in need of extensive repairs. Commissioners indicated that there was a probability that the Unit would be moved to the Courthouse. 5. County support of the City Capital Improvements bond issue was considered~ Assistant City Manager Jack Owen reviewed the history of the five year Capital Improvements Program, adding that~the program possibly could be completed in a 3 to 4 year period. The Mayor stated that the City was requesting the County to give tY:eir support, which could be valuable as a boost to the bond issue, particularly the Library. Meeting adjourned at 2 p.m. MAYOR City Council January 30, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, January 30, 1978 at 12:00 noon at the Ramada Inn. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash and Gay; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole and City Secretary Brooks Holt. ABSENT: Council Member Stewart This meeting followed immediately after the completion of the ~oint meeting with the Denton County Commissioners. 1. Consider site for April City Election. The problems relative to the lease of the Community Building in October of 1977 for April 1, 1978 by the Evening Optimist Club was discussed. It was pointed out that the Senior Citizens Center in the Civic Center would be adequate for the Council election, that parking was adequate, with 58 parking spaces inside the Center area and 60 marked spaces on Bell Avenue, and that the building and parking was adequate for the Council election. Meeting adjourned at 2:25 p.m. MAYOR 174 City Council January 30, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, January 30, 1978 at 7:00 p.m~ in the Council ChamBers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, Assistant City Attorney Jim Blanton and City Secretary Brooks Holt. Others Present: Frank Medanich and Mike Ashford of the First Southwest Company and Paul Horton, Bond Attorney. ABSENT: Council Member Stewart 1. The Council considered an Ordinance giving notice of intent to issue Certificates of Obligation for improvements to Williams Square and giving notice to bidders. The City Mafiag~r~b~efed the Council and the following Ordinance was presented: ORDINANCE NO. 78-2 ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS Motion was made by Mitchell, seconded by Gay that the Ordinance be passed. On roll call vote Gay "aye", Nash "nay", Mitchell "aye" and Hughes "aye". Motion carried 3 to 1. 2. The Council considered an Ordinance calling a General Obligation Bond Election. The following Ordinance was presented: ORDINANCE NO. 78-3 ORDINANCE CALLING A BOND ELECTION After the City Manager had read specific bond amounts involved, motion was made by Gay, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 3. The Council reviewed the proposed Ordinance for the Electric Revenue Bond Refunding Program. Frank Medanich of the First Southwest Company reviewed the basic sections of the Ordinance. He stated that within 4 weeks they would have the program worked out to present to the Council, adding that they were developing an official statement, history of the plant, projections, etc. The City Manager stated that it was necessary to have funds available for the water and sewer system before this summer. Medanich ans~ered,~Lthe reserve funds could be used for water and sewer p ojects. He also recommended a contingency fund for unexpected needs, and that 8% of the gross adjusted revenues could go to the Improvement.fund. Nash stated that he wanted to add, "include all fuel costs". Medanich--Ok, this can be included. The City Manager stated that the City had come up with a reasonable percentage rate in selecting the 8% of the gross adjusted revenues figure. The Council concurred to authorize the First Southwest Company to proceed. January 30, 1978 Continued 4. The Council considered ratification of settlement of David Nichols litigation. Motion was made by Nash, seconded by Mitchell to ratify the action of the Mayor in signing a release so that certain apartment properties of David Nichols could be sold and in return for releasing Nichols and dismissing the lawsuit against him, the City is to receive: (A) A cash payment of $34,135.83 (B) A ten-year, 9% interest note in the amount of $71,710.65 secured by a second lien on the Sunrise House Apartments. (C) Assurance by Denton Savings Association that the insurance on the Sunrise House would be increased (as much as possible) to cover the City's second lien. Denton Savings also will give the City reasonable notice if they plan to foreclose on their mortgage. (E) Promise from David Nichols not to file bankruptcy within 12 months. Motion carried. 5. The Council considered a site for the April 'City Election. The City Manager pointed out that the Denton Senior Citizens Center sould be an adequate building for holding the April Council election. The following Ordinance was presented: ORDINANCE NO. 78-4 (Filed in Packet #4798) AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDER- ING AN ELECTION TO BE HELD ON THE lST DAY OF APRIL, 1978, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PURPOSE OF ELECTING TWO (2) COUNCILPERSONS FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 2.01 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 THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. Meeting adiourned at 8:35 p.m. MAYOR City Council February 72 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 7, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Members Gay, Stewart and Nash, City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Mitchell 1. Motion was made by Nash, seconded by Gay to approve the minutes of the Regular Meeting of January 17, 1978; the Special Called Joint Meeting with Commissioners' Court of January 30, 1978; and the Special Called Meeting of January 30, 1978. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1318, the petition requesting a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) classification on nineteen properties located along West Oak Street between Denton and Welch Streets. Four spoke in favor but none in opposition. The Director of Community Development advised that ll3 letters had been mailed with 24 in favor and 6 in opposition. Motion was made by Nash, seconded by Stewart that the petition be approved. Motion carried. Note: The house numbers of the homes back zoned on West Oak Street from (MF-1) ~-'(-SF-7) are as follows: 610-616-619-705~ -812- 8~ -101 5-1 023 and 1035. (B) A public hearing was held on Z-1322, the modified petition of Mr. Don Hall and Mr. William Johnson, requesting a change in zoning from Single Family (SF-IO) to Two Family (2-F) classification on approximately 9.8 acres beginning 150 feet south of Headlee Lane and extending between Good Samaritan Village property and Carroll Botllevard. The Mayor announced that Tom Jester, attorney for the petitioners, phoned at 5 p.m. and requested that the matter be tabled. Motion was made by Nash, seconded by Stewart that the petition be tabled. Motion carried. (C) Prior to opening of a public hearing to consider amendments to the Revenue Sharing Budget, the City Manager explained that it had become necessary to amend the Revenue Sharing Budget for 1977-78. He further explained that the revenue sharing monies would be transferred to the Police Department for police salaries and money f~ the police salaries budget would be used to fund those projects prev~ou~t~i~un~ed from revenue sharing monies. The City Manager told the Council that this amendment would ease the cities financial administration and possibly save the city some money. The Mayor opened the public hearing. No one spoke relative to the Revenue Sharing funds. After the Mayor closed the hearing, she advised that the final Revenue Sharing hearing would be held at the February 21 Council Meeting. 3. Mrs. D. F. Gaupp of the Human Services Committee requested that the Comprehensive Plan for Human Services be approved, with attention paid to their objectives and that a permanent standing committee be appointed by the City Council whose tasks should be as follows: (A) Act as the City's official representative in working toward the coordination of all human service agencies--both governmental and non-governmental--to take a leadership role in the area of February 7, 1978 Continued social planning. (B) Recommend goals and activities for the City of Denton in the area of human services with initial emphasis on the priorities developed in this plan. (C) Provide leadership for continuing assessment of human needs with particular emphasis placed upon the needs of our less advantaged citizens and ethnic minorities. (D) Serve in an advisory capacity and encourage continuing in-depth evaluation of the effectiveness of the social service deliw~ry system. Both Mrs. Gaupp and Mayor Hughes complimented the Community Development Department for the booklet they prepared. The Council concurred to put the request of the Human Services Committee on the Council agenda. 4. Roland Vela, Chairman of the City of Denton Airport Advisory Board, appeared before the Council to present a study of Denton Municipal Airport. Mr. Vela presented a report on the estimated value of the Denton Airports stating that $3,897,653 was the estimate. He discussed the following: (A) Financial impact of the Airport. (B) Provides facility for all City and County citizens. (C) Airport brought in $900,000 of Federal funds. (D) Airport can attract industry. (E) Utilities at Airport a problem. I F) Facilities limited at present. G) Some of Airport land can be leased. (H) Committee surveyed other airports, that one-~alf has a Fixed Base Operator, and one-half of the cities had no airport board. (I) Gas fees to City by Aerosmith about average with airports surveyed. (J)Our Airport has a bright future. (K) Since the City has a right to sever Management Contract, there is no need for modification of the contract at this time since the management is doing well. (L) Jim Horn has resigned and Bob Smith of Aerosmith has assume~ management. (M) The report was prepared by the Airport Ad Hoc Committee and was approved by the Airport Advisory Board. Ed Moorhead, Chairman of an Ad Hoc Committee, a sub committee of the Airport, also spoke, stating that Committee Members could not see the benefit of an Airport Manager now. Council Member Stewart questioned Mr. Vela relative to the report stating as follows: ,~~.~r~(A) It is time for City to take over the Airport. ~f- ~ (C) We cannot expect Airport to grow without a Manager hired by the City. Bob Smith of Aerosmith concurred wi%h the findings of the Airport Board and its Ad Hoc Committee. 5. Yvonne Jenkins, Chairperson of the Denton County Historical Commission, and Dr. Stephen Farish, President of the Greater Denton Arts Council, both requested the Council to approve the additional 1% Hotel/Motel Room Occupancy Tax for the use of the Denton Cultural Confederation. The Mayor explained that action on the matter could not be voted on at this meeting because of the wording of the agenda. 6. The Council was to consider the request of L. G. Melton to reimburse him for property taken in the construction of Carroll Boulevard. Motion was made by Stewart, seconded by Gay to table the request until the February 2.1 meeting since Mr. Melton was not present. Motion carried. February 7, 1978 Continued 7. & 8. The Council was to consider Z-1319, the petition of Mr. Grant Jacobson, requesting that a ten acre tract located west of Stuart Road and immediately south of the Sun Valley Addition be rezoned from Agricultural (A) to Single Family (SF-7) classification (public hearing completed on January 17, 1978). The Council was to consider Z-1320, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification on approximately 13.2 acres located generally between Stuart Road and Bell Avenue (public hearing completed on January t7, 1978). It was pointed out that the Council could not consider either petition, since possible conflicts were involved, but to place both petitions on the February 21 Council Agenda. 9. The Council reviewed bids and considered awarding of a contract for the construction of drainage improvements south of Interstate Highway 35E near McCormick Street, The City Manager advised there was only one bidder who had made a $130,000 proposal but a mathematical error was made in the bid which reduced the bid to $82,545.75. City Attorney Paul Isham stated since the mathematical error was corrected, it will be legal to award the bid to the only bidder, Denton Construction Company. Motion was made by Nash, seconded by Gay to award the bid to Denton Construction Company at a bid of $82,545.75. MotiOn ca~ried. 10. The Council discussed a meeting of cities with universities. The Mayor presented a draft of a letter relative to assistance for cities with universities. She stated that at a meeting at TML Convention it was agreed that the State might give some relief to cities for additional expenses generated by a state institution. Some of the mutual problems identified were: (A) Student parking on public streets. (B) Universities not required to adhere to local building and 'fire codes. (C) Coordinating City and Campus Police efforts. She stated that if enough cities agree that there are areas of common interest, we must request Legislature for changes in their next session, adding that this does not intend to imply that having universities is a problem. The Council indicated approval to proceed. 11. The Council considered authorizing final payment to Gilbert & Associates for Electric Management Review, Motion was made by Stewart, seconded by Nash to approve final payment to Gilbert & Associates in the amount of $4,755.24. Motion carried. 12. The Council discussed management and rate study for Water and Sewer Department and considered sending out requests for proposals. The City Manager briefed the Council, stating the Public Utilities Board recommended the study, thai; the Public Utilities Board requested that "Request for proposals" be sent to at least 3 firms. Motion was made by Nash, seconded by Gay to send proposals to 3 firms for Water and Sewer Rate Study, Motion carried. 13. The Council received a report on TMPA activities. Bob Nelson, Director of Utilities, gave the following report: I~t Law suit delaying financing. Law suit was heard in Houston on January 26, but response from the Court not expected for 30 to 60 days. t C) No firm progress on settlement negotiations. D) Another case is pending by EPA. February 7, 1978 Continued January meeting of TMPA: (A) Reviewed rates and charges for Caddo Mills oil terminal. (B) Approved action on system improvement and reliability projects (1) Microwave system. (2) Greenville, Denton, Garland and Bryan Phase I transmission lines. (C) Authorized work orders to begin work with Highway Department to relocate highways. 14. The Council considered setting the agenda for the February 13 Study Session. The City Manager requested as follows: (A) Consider preliminary official statement relative to proposed Electric Revenue Refunding Bonds, series 1978. (B) Discuss proposed General Obligation Bond Election. (C) Consider Z-1319 and Z-1320. 15. The Council considered the Consent Agenda. Motion was made by Nash seconded by Stewart that the following Consent Agenda be approved. Motion carried. (A) BIDS: (1) #8550 Wind Screens for Tennis Courts Awarded to Modlin Recreation Equipment Company, the low bidder., at $4,386.00. (2) #8551 Sale of 1953 Custom Pumper Fire Truck Awarded to Rene' Bates Auctioneers, the high bidder, at $3,902.02. (B) PURCHASE ORDERS--over $3,000 Purchase Order #35357--Rig #2760--John Deere Loader approved for payment to Trinity Equipment Company. 16. The Council adjourned into Executive Session at 9:55 p.m. to discuss Board appointments. 17. The Council reconvened into Public Session at 10:30 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:35 p.m. MAYOR CITY SECRETARY City Council February 13, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, February 13, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Stewart and Nash; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council discussed City of Denton proposed General Obligation Bond issue. A small brochure, designed by the Library Staff, was reviewed by the Council. These brochures to be placed in banks, stores and other businesses for distribution to the public. The Council discussed the possibility of members appearing before Service Clubs to present the bond issue projects. 2. The Council considered Z-1319, the petition of Mr. Grant Jacobson, requesting that a ten acre tract located west of Stuart Road and immediately south of the Sun Valley Addition be rezoned from Agricultural (A) to Single Family (SF-7) classification (public hearing completed on January 17, 1978). The Director of Community Development advised that 29 letters were mailed with 3 in favor and 2 in opposition. Motion was made by Stewart, seconded by Mitchell that the petition be approved. Motion carried with Nash and Gay abstaining. 3. The Council considered Z-1320, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification on approximately 13.2 acres located generally between Stuart Road and Bell Avenue (public hearing completed on January 17, 1978). Traffic safety, need of moderate and medium cost housing, cost of land and construction of box culvert under Stuart Road at Cooper Creek was discussed. The Director of Community Development stated that 42 letters were mailed with 5 in favor and 7 in opposition. Motion was made by Mitchell, seconded by Hughes to approve the petition subject to being finalized by the Staff and approved by the Council. Motion carried with Nash and Gay abstaining. Following a discussion relative to petitioners' participation in construct- ing a box culvert across Cooper Creek on Stuart Road, Mitchell agreed to amend his motion to read as follows: Motion was made by Hughes, seconded by Mitchell to approve the petition subject to bein~ finalized by the~taff and approved by the Council and with the following c~j,%~ons:' -.x, ~ ,' (1) No more than 100 units shall be developed on the multi-family site in this proposal, The multi-family develoDment, together with the recreational area, shall require site plan approval and shall be designed in such a manner that will feasibly permit single family housing to be constructed on adjoining properties as has been proposed. (2) The proposal 'for detached single family homes on 40 by 100 foot lots will observe minimum setbacks provided for the SF-7 zone, except that one building wall may be constructed on or near a side yard property line and the other side yard ~hall be a ~nimum of 10 feet. Pla~ approval shall constitute site plan approvat for this single family area. February 13, 1978 Continued (3) Approved plans for necessary drainage work will be required at the plat approval stage. The developers will provide necessary easements and will meet the requirements of the utility department concerning connection with the existing utility lines. (4) The developer will provide a four foot wide sidewalk along his property on Stuart and Windsor at the time building construction takes place. The developer will be required to provide this walk adjoining the area proposed for greenbelt and recreation befc, re the multi-family complex is developed. (5) The potential drainage problem at the intersection of Stuart and Windsor must be solved to the satisfaction of the City, with the participation of the developer, prior to approval by the City Council of the final plat. Motion carried with Nash and Gay abstaining. Meeting adjourned at 8:15 p.m. MAYOR City Council February 21, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 21, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Nash, seconded by Stewart that the minutes of the Regular Meeting of February 7, 1978 and the Special Called Meeting of February 13, 1978 be approved with amendment item 4B on Page 377 of the February 7 meeting under questions of Mr. Stewart to Mr. Vela to read as follows: (B) New airport management contract with Aerosmith was legally -valid. Motion carried. 2. Prior to opening of a public hearing to consider amendments to the Revenue Sharing Budget, the City Manager explained that it had become necessary to amend the Revenue Sharing Budget for 1977-78. He further explained that the revenue sharing monies would be transferred to the Police Department for Police salaries and money from the Police salaries budget would be used to fund those projects previously funded from revenue sharing monies as follows: sidewalk construction--$90,O00; building construction and equipment--S244,815; contribution to Flow HospitalT-$210,500, f~r a total of $545,315 from entitlement #9. ~ "~e~lqayor ~en6d the Public Hearing. No one spoke for or against. The Mayor closed the Public Hearing. 3. The Council considered a Resolution amending the Revenue Sharing Budget. 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 21ST DAY OF FEBRUARY, A.D. 1978. RESOLUTION WHEREAS, the City of Denton 1977-78 budget shows the receipt of Federal Revenue Sharing Funds in the amounts of $545,315, and the expenditure of those funds as follows: Contribution to Flow Memorial Hospital $210,500 Sidewalk Construction $ 90,000 Buildings & Equipment $244,815; and WHEREAS, it is necessary to ame~ the Federal Revenue ~haring Funds Budget for the year 1977=78 to permit the entire revenue sharing funds to be spent on Police Department salaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS: That the 1977-78 City of Denton budget and Federal Revenue Sharing Funds is hereby amended to allocate the sum of $545,315 to Police Department salaries and that the contribution to Flow Memorial Hospital, sidewalk construction, and the construction of buildings and purchase of equipment will be made from general revenues. PASSED AND APPROVED this the 21st day of February, A.D. 1978. /s/ E[INOR HU~HES, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS February 21, 1978 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Gay that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 4. The Council considered a report from the Parliamentarian regarding rules in Council meetings. City Attorney Isham, Parliamentarian, made the following report: It appears that certain members of the City Council have acted improper- ly concerning the discussion and votes on items that would result in an abstention of one of the members. The Council passed Ordinance No. 76-48 on October 19, 1976, which amended rules of procedure for the Council. Section 7.9 of that Ordinance reads as follows: "No member shall be excused from voting except for lack of information and except on matters involving the consideration of his own official conduct, or where his personal interests are involved, and in these instances he shall abstain. Any member prohibited from voting by personal interest shall announce at the commencement of consideration of the matter that he is abstaining from voting on the matter and shall not enter into discussion or debate on any such matter. The member having briefly stated the reason for his request, the excLse from voting shall be made without debate.'~ Proper procedure would require a Councilperson to announce his/her abstention at the beginning of the agenda item and then abstain frcm any discussion whatsoever. One purpose of this rule is to inform other Council Members and people interested in the matter that the member will not be voting because of a conflict. This should be made known before the item is discussed and not afterwards. As parliame~n- tarian, it is my duty to inform you that we need to adhere to this rule so that proper discussfon and voting takes place when one or more members will be abstaining from the vote. 5. The Council considered adoption of Denton's Comprehensive Plan for Human Services and establishing a Committee. Mayor Hughes stated that citizens of a variety of interests should be selected for the committee, that no funds from the City would be committed. She also requested that an appropriate ordinance be prepared. She complimented the Community Development Department for its work in preparing a brochure. Motion was made by Mitchell, seconded by Gay to approve the program and to direct the City Attorney to prepare an appropriate ordinance. Motion carried. 6. The Council considered an ordinance amending the hotel-motel occupancy tax. Walter Oakley, Manager of LaQuinta Motor Inn, and Jim Horn, Innkeeper of Holiday Inn, expressed opposition to the increase of 1%, stating ~hey were 100% opposed. Yvonne Jenkins and Dr. Stephen Farish, representing the Denton Cultural Confederation, were equally strong in their support of the increase. February 21, 1978 Continued The following ordinance was presented: ORDINANCE NO. 78-5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT CHAPTER 23 OF THE CODE OF ORDINANCES BE AMENDED BY AMENDING SECTION 23-2 OF ARTICLE I ENTITLED "HOTEL OCCUPANCY"; INCREASING THE LEVY AND COLLECTION OF A HOTEL OCCUPANCY TAX; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the ordinance be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 7. The Council considered the request of L. G. Melton to reimburse him for property taken in the construction of Carroll Boulevard. Mr. Melton, 1318 Coit, requested compensation in the amount of $6,000 for property taken in 1970 or 1971 when drainage ditches were concreted. He claimed a 10' x 65' strip was taken. The City Attorney stated as follows: (A) No grounds for legal action. (B) Two year limitation for him to file a claim. (C) Legally City h~s no responsibility to reimburse. Mayor Hughes stated that all that we can do is to go by the records the City has. The City Manager advised Mr. Melton that based on drawings the City has, that he could not recommend to the Council to reimburse him. No official action was taken, but the Staff was requested to make further study. 8. The Council considered quit claiming right-of-way at Brown Street and Sherman Drive intersection. Rick Svehla of Community Development briefed the Council, stating: (A) The Cul-de-sac at Sherman and Brown was requested by Brown Street residents. (B) Dr. Thomas had asked for a quit claim of 5 feet of frontage property on the west side of the cul-de-sac. (C) Dr. Thomas stated he would give additional right-of-way to the City if the City would quit claim the 5 foot strip. The Council, in discussing action, was concerned with binding future Councils and possible opening of the street to Sherman. Motion was made by Mitchell, seconded by Stewart to make a last effort to negotiate with Dr. Thomas and if he will not deed land for the cul-de-sac, then connect Brown Street to Sherman Drive. Motion carried. 9. The Council considered zoning ordinance rezoning a tract of land from Single-Family to Industrial. Petition of Tommy Caruthers Z-1316. The following ordinance was presented: ORDINANCE NO. 78-6 (Tommy 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 THE WESTERN PORTION OF LOTS 29 AND 30 OF BLOCK NO. 350E, 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 Nash, seconded by Stewart that the ordinance be passed. On roll call vote Gay '~aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 385 February 21, 1978 Continued 10. The Council considered zoning ordinance rezonlng a ten acre tract of land from Agricultural to Single-Family. Petition of Grant Jacobson Z-1319. The following ordinance was presented: ORDINANCE NO. 78-7 (Grant Jacobson) 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 A PORTION OF LOT 20, BLOCK 136-B, 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 Stewart, seconded by Hughes that the ordinance be passed. On roll call vote Stewart "aye", Gay abstained, Nash abstained, Mitchell '~aye" and Hughes "aye". Motion carriedo~. 11. The Council considered zoning ordinance rezoning 13.2 acres of land from Agricultural to Planned Development. Petition of Grant Jacobson Z-1320. The following ordinance was presented: ORDINANCE NO. 78-8 (Grant Jacobson) 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 A 13.2 ACRE PORTION OF LOT 20, BLOCK 136-B, 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 Stewart, seconded by Hughes that the ordinance be passed. On roll call vote Stewart "aye", Gay abstained, Nash abstained, Mitchell "aye" and Hughes "aye". Motion carried. 12. The Council considered bid #8545 for construction of two recreaticn centers located at Denia Park and North Lakes Park and authorize the Mayor t.o sign the contract. Dick Huck, Parks and Recreation Director, stated that the Parks Bc, ard recommended acceptance of the low bid of Contract Builders in the amount of $677,611.00. Alternates were discussed. The matter of type of heating and cooling was discussed. The decision was left to the Staff. Motion was made by Mitchell, seconded by Nash to award the base bid to Contract Builders (Jeff Nolan, Inc.) of Grand Prairie, Texas, with alternates 3,4 and ~in the amount of $677,611.00 and authorize the Mayor to sign the contract. Motion carried. 13. The Council considered recommendation from Parks and Recreation Board to hire an architect for restroom-concession stand and Pro-Shop at the various parks. Dick Huck, Parks and Recreation Director, stated that the Parks and Recreation Board recommended hiring Hatfield/Holcomb, Inc. to design and develop plans and specifications for park restrooms, concession areas and the pro-shop at the tennis center, that each project would cost $100,000 but that the Bureau of Outdoor Recreation would fund half of the cost. Council Member Nash stated he would like to consider more than one architect. Council Member Stewart agreed with Nash. Motion was made by Mitchell, seconded by Gay to authorize hiring Hatfield/Holcomb, Inc. as recommended by the Parks and Recreation Board. Motion carried 3 to 2. February 21, 1978 Continued 14. The Council considered a report regarding drainage improvements at Denton Municipal Airport. Assistant City Manager, King Cole, briefed the Council and presented a sketch showing the recommended methods to alleviate drainage trouble spots in the airport area. He added that the cost of the project will be $10,000, but FAA had agreed to participate. Denton's share of the total cost would be $1,000. Motion was made by Nash, seconded by Mitchell to approve the concept as presented. Motion carried. 15. The Council considered an election for Charter amendments. City Attorney, Paul Isham made the following report: Article 1165 of V.T.C,S..(Texas laws) states that "no City Charter shall be altered, amended or repealed oftener than every two years." The City of Denton conducted an election on April 3, 1976, which contained amendments to the City Charter. These amendments were approved by the voters and the Charter was amended. It is proposed that certain Charter amendments be submitted to the voters on April 1, 1978. Question: Is Article 1165 violated if the amendments proposed for April 1, 1978 are passed because two years have not elapsed? I have talked to the Attorney General's Office, Secretary of State's Office and the ~ML General Counsel, and no one has a definite answer. The only law on this question is a 30 year old Attorney General's opinion (attached). The conservative and safe approach would be to postpone any submission of amendments to the voters until after April 3, 1978. Any amendments approved prior to that date may be voided by possible litigation. The Council concurred that no Council action was necessary. 16. The Council considered preliminary official statement relative to the City of Denton, Texas Proposed Electric Revenue Refunding Bonds, Series 1978. Frank Medanich of First Southwest Company stated that recent changes in refunding bonds will result in considerable savings for the City, that he was asking for temporary approval, but later there will be a final document. This should be ready in about 3 weeks, and at that time they would have a more concise and detailed plan and a new methodology. Motion was made by Nash, seconded by Gay to approve the preliminary official statement dated February 14, 1978. Motion carried. 17. The Council considered a report from TMPA Bond Counsel, Dumas, Huguenin, Boothman & Morrow relating to the City of Denton's obligations under the Power Sales Contract. Mayor Nughes read the following letter to City Attorney Paul Isham from Elbert Morrow, member of the law firm of Dumas, Huguenin, Boothman and Morrow of Dallas: "You have indicated the question has arisen as to the source of payment of the contractual obligation of the City of Denton under the Power Sales Contract by and between the City of Denton and Texas Municipal Power Agency, the contract being dated September 1, 1976. We will call your attention to the provisions of Section 10 which reads in part as follows: "Section 10: Payments to Constitute Operating Expenses of City System. Each City's obligation to make the payments under this contract shall constitute an operating expense of its electric system payable solely from the revenues and receipts of such electric system..." February 21, 1978 Continued In the approving opinion of the Attorney General of Texas relating to the approval of the Texas Municipal Power Agency Revenue Bonds, Serie~ 1976, in speaking of the Power Sales Contract, the Attorney General stated: "That the contract has been validly executed, and that pursuant to the contract all payments made by the Cities are operating e×penses of the municipal electric systems of the Cities, and further that payments received by the Agency under the contract are pledged to the payment and security of the principal and interest on the bonds, after payment of maintenance and operating expenses of the Agency;" In light of the foregoing,.it is our opinion that the City of Denton is contractually obligated to make payments under the Power Sales Contract "solely from the revenues and receipts" of its electric system." Mayor Hughes stated that she felt that all members of the Council should work for the best interest of the City of Denton, that appearing on regional television and giving misinformation was detrimental to the best interests of our citizens. Council Member Nash replied that whether through taxes or meters Denton citizens would have to pay, and I don't think the Council took adequate time in approving the TMPA project. 18. The Council considered a report on TMPA. Bob Nelson, Director of Utilities reported as follows: (A) TMPA met on February 16, 1978 and approved Comanche Peak as a TMPA project. Each city must approve the project. (B) Gibbons Creek engineering progressing satisfactorily. (C) TMPA still delayed in financing due to law suit. Hope matter will be resolved soon, and we believe the plant will be good for the Grimes County Community. (D) Due to concern over cities paying debt service on 50 million dollars in bonds, the TMPA Board took action to set aside six million dollars in interest and si'nking funds. This will pay interest and sinking fund to October 1980. 19. The Council considered a trial run in selected areas for paper collection. Assistant City Manager Jack Owen briefed the Council, stating that he is ready to begin a trial paper collection as soon as the Council gives its approval. Motion was made by Stewart, seconded by Mitchell to approve a trial run in selected areas for paper collection. Motion carried. 20. The Council considered dust control seal coating of certain Denton streets. Assistant' City.Manag~ Jack Owen s~ated that ~heCity has 10~.5 miles of dirt streets. He presented two lists with the first list a priority beca. use of high traffic. Council Memberi Nash requested that Paisley be paved leading to the City-County Day Nursery. Motion was made by Mitchell, seconded by Stewart to approve seal coating the following streets: Street Cost to Seal Coat Highla~ Road $2,600.00 Payne Drive 3,600.00 Mockingbird 1,470.00 Audra Lane 1,933.00 $9,602.00 and also approve seal coating the dirt part of Paisley. Motion carried. February 21, 1978 Continued 21. The Council considered bid #8558 for improvements of Williams Square. Assistant City Manager Jack Owen stated that bids were opened at 2 p.m. today, but ordinance requires that bids be held for 48 hours before the award is made, but Financial Advisor must know amount of bid so amount of Certificates of Obligation can be determined. This item is for review. 22. The Council considered an ordinance authorizing the issuance of Certificates of Obligation for the improvements of Williams Square. The following Ordinance was presented: ORDINANCE NO. 78-9 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION Motion was made by Stewart, seconded by Mitchell that the ordinance be passed. On roll call vote Nash "nay", Gay "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried 4 to 1. 23. The Council considered attendance at NLC Congressional City Conference. Motion was made by Mitchell, seconded by Gay to authorize Mayor Hughes and City Manager Chris Hartung to attend Congressional City Conference. Motion carried. 24. The Council considered the Consent Agenda. Motion was made by Mitchell, seconded by Gay to approve the following Consent Agenda: Motion carried. (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1324, the petition of Mr. Joe Belew, requesting a change in zoning from Single Family (SF-7) to General Retail (GR) classification on a 3.4 acre tract located on the south side of University Drive, just east of the intersection of University and Shawnee Dr. (2) Z-1325, the petition of Mr. Herbert F. Hancock, requesting a change in zoning from Single Family (SF-7) to Multi Family (MF-1) classification on an 8.9 acre tract located on the northeast corner of Bernard and Lindsey. (3) Z-1326, the petition of Mr. M. L. Lewis, requesting a change in zoning from Two Family (2-F) to Multi Family (MF-1) classification on .2 acre located at 330 Ponder. (B) BIDS: (1) #8553 Electric Meters, Current Transformers and Meter Bases Awarded as follows: Items 1-16, Electric Meters to Nelson Electric Items 17-26, Current Transformers to Wesco Supply Items 27-38, Meter Bases to Priester Supply (C) PURCHASE ORDERS (over $3,000) (1) P. O. #35458 Approved for payment in the amount of $4,067.12 to Waukesha- Pearce Industries to repair gears and rebuild engine on Unit #6166. February 21, 1978 Continued (D) Tax adjustments were approved for the month of February, 1978 as follows: Personal Property Automobiles $503.38 Mobil Homes and Airplanes $ 44.84 $548.22 __ 25. The Council adjourned into Executive Session at 10:40 p.m. to discuss Grimes County Taxpayer's Association vs, TMPA and the cities of Bryan, Denton, Greenville and Garland litigation, and to consider Board appointments, 26. The Council reconvened into Public Session at 11:55 p.m. Motion was made by Gay, seconded by Stewart that Dan Collinsworth be appointed to the Building Code Board, Motion carried. Meeting adjourned at 11:58 p,m. MAYOR CI City Council February 23, 1978 Emergency Called Joint Meeting of the City Council and the Public Utilities Board of the City of Denton, Texas, Thursday, February 23, 1978 at 12:00 noon at the Ramada Inn. PRESENT: Cits Council: Mayor Hughes, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and Utilities Director Bob Nelson. Public Utilities Board: Chairman Harpool, Members Ramey, Shelton, Davis and'~son. ABSENT: City Council: Mayor Pro Tem Mitchell 1. Financing program for Electric Revenue Bond Refunding was considered. Follo~i.~g a leo~kW~_~cussion relative to the matter involved, motion was made by Ramey, seconded by Shelton that the financing program for Electric Revenue Bond Refunding be approved and recommended to the City Council. Motion carried. Motion was made by Gay, seconded by Nash to approve the financing program for Electric Revenue Bond Refunding as recommended by the Public Utilities Board. Motion carried. Meeting adjourned at 2 p.m. MAYOR City Council March 7, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 7, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building: PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Mitchell, seconded by Stewart that the minutes of the Regular Meeting of February 21, 1978 and the Special Called Joint Meeting with the Public Utilities Board of February 23, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1323, the appeal of Mr. Tom Jester, requesting a change in zoning from Multi-Family (MF-1) to Office (0) classification at 503 and 507 Pearl Street. This property is located on the southwest corner of Carroll Boulevard and Pearl Street and totals .35 acre. One spoke in favor and 4 in opposition. The Director of Community Development stated that 18 letters were mailed to residents within 200 feet of the property, with 7 letters in favor == and 5 in opposition, adding that the Planning and Zoning Commission had recommended denial. Council Members made the following statements: Hughes--Concerned about lack of moderate cost housing, that she feared the consequences when we remove a natural barrier to commercial development. We need to have a study session for a new look at our zoning requirements ancl recommended a study session. Stewart--Commercial development along Carroll would impede traffic flow--there are some streets in the city that should be thoroughfares to move traffic. "University Drive is an example of a thoroughfare gone bad." Mitchell--Stated that he was not in favor of going further north on Carroll or west on Pearl, adding that he would rather see office zoning at tY~is location rather than apartments, which would be better for traffic and the residents in the area. Gay--Stated that the land is presently zoned multi-family and could be the site of apartment construction, causing more traffic than an office. Motion was made by Mitchell, seconded by Gay that the petition be. approved. Motion failed with 2 for and 3 against. 3. The Council considered granting the Theta Chi Fraternity permissior to paint house numbers on the curbs ~f Dentonoity streets. Motion was made by Stewart, seconded by Mitchell that the request cf Theta Chi Fraternity be approved. Motion carried. 4. The Council considered final site plan approval for a section of Planned Development 2. (On 2-22-78, the Planning Commission reviewed the site plan proposing development on the north side of Coronado Drive.) Motion was made by Stewart, seconded by Gay that the final site plan be approved for a section of Planned Development 2 with the following conditions: (A) Approval is granted for the multi family development shown on the submitted site plan. Density, building location, parking lot layout, and walks shall correspond to this site plan. (B) Buildings constructed in this multi-family development shall correspond in character with renderings submitted. (C) In order that this development blend aesthetically with surrounding development, trees and shrubs shall be planted in the areas shown as landscaped on the site plan. This work will be completed within 60 days after issuance of a certificate of occupancy. March 7, 1978 Continued (D) Site plan approval is granted contingent on an accepted replat of the property. Motion carried. 5. The Council considered awarding of a contract for bid #8558, the construction of improvements on Williams Square. Motion was made by Mitchell, seconded by Stewart that bid #8558 be awarded to Denton Construction Company at a low bid of $97,305.86 and the Mayor be authorized to sign same. Motion carried. 6. The Council considered approval and execution of a contract with the State Department of Highways and Public Transportation for traffic signal improvements at the intersection of Eagle Drive and Avenue A. The Director of Community Development stated that a letter was received from John Keller, District Highway Engineer, which advised that the intersection of Avenue A and Eagle Drive has been approved for improvements estimated at $29,000. The project would include a new signal system and adequate pavement markings and signing. The funding for the improvements would be provided by 90% Federal participation and 10% local financing. Motion was made by Nash, seconded by Gay to approve a contract with the State Department of Highways and Public Transportation for traffic signal improvements at the intersection of Eagle Drive and Avenue A and to authorize the Mayor to sign. Motion carried. 7. The Council considered final review of flood plain map prior to expiration of 90-day appeal period. The Director of Community Development presented a flood plain map to the Council. He stated that the Staff requested that the matter be reviewed for accuracy in the following areas: (A) Land lying west of Bonnie Brae and north of Payne Drive which has an altered drainage system because of the construction of the flood retention dams; (B) Land lying west of Stuart Road and north of Driftwood which is being developed with a complete drainage system to handle potential storm water; (C) Revisions of the bridge under Sherman Drive for Cooper Creek to account for improvements made in 1977; (D) Land lying east of Old North Road and north of U. S. 380 which is being developed with a complete drainage system to handle potential storm water; and (E) Additional studies have been requested for several outlying areas around Denton which were not included on the original mapping. No action was necessary. 8. The Council considered an ordinance canvassing the February 28, 1978 General Obligation Bond Election. The following Ordinance was presented: ORDINANCE NO. 78-10 AN ORDINANCE CANVASSING ELECTION RETURNS Following the reading of the results of the election and a review of election documents, motion was made by Nash, seconded by Mitchell that the ordinance be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. March 7, 1978 Continued 9. The Council considered an ordinance which would create.a Human Services Advisory Committee. The following Ordinance was presented: ORDINANCE NO. 78-11 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A "HUMAN RESOURCES COMMITTEE"; PROVIDING FOR STAGGERED TERMS OF COMMITTEE MEMBERS; PROVIDING FUNCTIONS FOR SAID COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Hughes that the ordinance be passed. Motion was then made by Nash, seconded by Gay to amend the ordinance in Section 2-28, Creation of the Committee, to have 11 members appointed by the City Council. The Council then voted on the original motion to pass the ordinance. Motion then read: Motion was made by Gay, seconded by Hughes to pass the ordinance with amendments. On roll call vote Stewart "aye", Nash "aye", Gay "aye'~, Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council considered final site plan for a section of Planned Development 24 known as the Village subdivision. Council Members Nash and Gay abstained from participation. The Director of Community Development briefed the Council relative to the conditions requested by the Planning and Zoning Commission. Motion was made by Stewart, seconded by Mitchell to approve final site plan for section of Planned Development 24 known as the Village subdivision with the following conditions: (A) The buildings constructed in this zero lot line development shall correspond in character to the renderings submitted. (B) A four-foot wide sidewalk will be constructed behind the curb on each lot. The sidewalk improvement shall be constructed before a certificate of occupancy is issued for the building. (C) The developer will pay the cost of installing two (2) 5' x 7' boxes across Stuart Road (including the replacement of paw~ment) or $20,000, whichever is less, but the City shall design the structures and determine actual size to be installed. (D) The developer will dedicate the necessary right-of-way for the extension of Windsor Drive with approval of the final plat. Motion carried. ll. The Council considered final payment to Highland Industries, Inc. for furnishing a vertical type sewage lift pump for the Mayhill Road sewage lift station in the amount of $2,430. Motion was made by Nash, seconded by Hughes that the final payment to Highland Industries, Inc. in the amount of $2,430 be approved for payment. Motion carried. 12. The Council considered Operational and Maintenance Agreement for North Lakes Park with Soil Conservation District and authorize the Mayor to sign. Motion was made by Nash, seconded by Mitchell to approve the Operational and Maintenance Agreement for No~.~Lakes Park with Soil Conservation District and authoriz~.~he Mayor t~o $~r{..~tion carried. 13. Motion was made by Mitchell, seconded by Stewart that the followiqg Consent Agenda be approved. Motion carried. (A) REFERRALS: (1) Z-1327, the petition of Mr. Raymond Abbott requesting a change in zoning from Agricultural (A) to General Retail classification on approximately 2.1 acres located on the west side of Teasley Lane, beginning 300 feet south of the intersection of Teasley Lane and 1-35E was referred to the Planning and Zoning Commission for its recommendations. '394 March 7, 1978 Continued (B) BIBS: (1) #8554 Trucks and Equipment Awarded as follows: Item 1--to Banner Chevrolet in the amount of $10,257 each for a total bid of $51,285 Item 2--to Calvert Motor Company in the amount of $2,257.50 each for a total of $11,287.50 Item 3--to Banner Chevrolet at $8,292 Item 4--to Commercial Body in the amount of $15,326 Item 5--to Banner Chevrolet in the amount of $10,504 Item 6--to Commercial Body at $26,357 Item 7--to Banner Chevrolet in the amount of $9,202 each for a total of $27,606 Item 8--to Banner Chevrolet in the amount of $5,390 Item 9--to Maxon Industries in the amount of $22,537.03 Item 10-to Maxon Industries in the amount of $23,725 (2) #8555 Transformer Repairs Awarded to Greenville Transformer Company with delivery in 6 weeks. (3) #8557 Automobiles, pickups & Van Item 1--to McNatt AMC-Jeep at $4,596.35 each for a total of $18,385.40 Item 2--no bids indicated Item 3--to McNatt AMC-Jeep in the amount of $4,794.09 Item 4--to Chester Morris Chrysler-Plymouth in the amount of $5,131.16 each for a total of $10,262.32 Item 5--to Dave Krause Pontiac Toyota in the amount of $4,394 each for a total of $8;788 Item 6--to Banner Chevrolet in the amount of $4,730 Item 7--to Banner Chevrolet in the amount of $6,725 _ (4) #8561 Fiberglass Grating Awarded to Joseph T. Ryerson and Son, Inc. for $6,963.85. (C) The Council authorized the City Manager to write a letter to Dr. David Thomas granting permission to place plants and shrubbery on City property between proposed Brown Street cul-de-sac and Sherman Drive. (D) The request of Mr. Don Moore, Q-11, that the City quit claim a ten (10) foot portion of the alley located behind and adjacent to 302 Fry Street (City Lot 19, Block 498) was approved. (E) The Council approved the request of William Johnson and Don Hall, Z-1322, to withdraw their zoning request on 9.8 acres south of Headlee Addn. 14. The Council adjourned into Executive Session at 8:10 p.m. to discuss: (A) Board Appointments (B) Land acquisition for electric substation (C) TMPA (Discussion of Grimes County Taxpayer's Association vs. TMPA and the cities of Bryan, Denton, Greenville and Garland litigation) 15. The Council reconvened into Public Session at 9:45 p.m. to announce that no action was to be taken. Meeting adjourned at 9:48 p.m. ~ ~ //~/~~ MAYOR ~i'I'~SECRETARY City Council March 21, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 21, 1978 with a public study session starting at 6:00 p.m. in the Conference Room of the City Manager's Office and the Regular Meeting following at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Hughes, Mayor Pro Tem Mitchell, Members Nash, Gay and Stewartl, City Manager Chris Hartung, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Assistant City Manager Jack Owen. STUDY SESSION: 1. The Council reviewed the details of the Electric Revenue Bonds Refund- ing Program. REGULAR SESSION: 1. Motion was made by Stewart, seconded by Mitchell that the minutes of the Regular Meeting of March 7, 1978 be approved. Motion carried. 2 PUBLIC HEARINGS: (A) A public hearing was held on Z-1324, the appeal of Mr. Joe Belew, requesting a change in zoning from Single Family (SF-7) to Multi Family (MF-1) classification on 3.4 acres located on the south side of University Drive, just east of the intersection of University and Shawnee Drive. Three citizens spoke in favor and four in opposition to the appeal. The Director of Community Development stated that 40 letters were mailed with 4 in favor and 29 in opposition. He stated that a 4/5 vote by the Council was needed to override the recommendation of the Planning and Zoning Commission. Motion was made by Nash, seconded by Stewart to den~ the appeal. Motion carried with Gay abstaining. (B) A public hearing was held on Z-1325, the petition of Mr. Hewbert F. Hancock, requesting a change in ~oning from Single Family (SF-7) to Multi- Family (MF-1) classification on an 8.9 acre tract located on the northeast corner of Bernard and Lindsey. One citizen spoke in favor and five in opposition. The Director of Community Development stated that 13 letters were mailed with 2 in favor and 4 in opposition and that a 4/5 vote by the Council was needed to override the recommendation of the Planning and Zoning Commission. Motion was made by Stewart, seconded by Nash to den~ the petition. Motion carried 4 to 1. (C) A public hearing was held on Z-1326, the appeal of Mr. M. L. Lewis, requesting a change in zoning from Two Family (2F) to Multi-Family (MF-1) classification on .22 acre located at 330 Ponder. No one spoke in favor and 1 spoke in opposition to the appeal. The Director of Community Development stated that 20 letters were mailed with 1 in favor and 5 in opposition and that a 4/5 vote by the Council was needed to override the recommendation of the Planning and Zoning Commission. Motion was made by Nash, seconded by Stewart to den~ the appeal Motion carried. March 21, 1978 Continued 3. The Council considered authorizing the City Manager to enter into an amended agreement with Alexander Grant & Company for services in connection with the Electric Revenue Bond Refunding. The City Manager requested that the City enter into an amended agreement with Alexander Grant & Company. Motion was made by Nash, seconded by Gay to authorize the City Manager to enter into an amended agreement with Alexander Grant & Company for services in connection with Electric Revenue Bond Refunding. Motion carried. 4. The Council considered an ordinance authorizing the issuance of City of Denton Electric System Revenue Refunding Bonds, Series 1978. Frank Medanich of the First Southwest Company briefed the Council relative to the ordinance to be considered, stating that the refunding would result in a savings of $6,930,000 for the City. The following ordinancewa~ presented: ORDINANCE NO. 78-12 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON ELECTRIC SYSTEM REVENUE REFUNDING BONDS SERIES 1978. Motion was made by Mitchell, seconded by Gay that the ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Gay "aye" Mitchell "aye" and Hughes "aye". Motion carried. ' 5. The Council considered a Resolution authorizing execution and delivery of a Special Escrow Fund Agreement. The ~llowing Resolution was presented: RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL ESCROW FUND AGREEMENT THE STATE OF TEXAS 1 COUNTY OF DENTON 1 CITY OF DENTON ~ WHEREAS, it is necessary and advisable that the City enter into the Special Escrow Fund Agreement hereinafter authorized with First National Bank in Dallas Dallas, Texas. ' NOW THEREFORE, BE-IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. That the Mayor and City Secretary are authorized and directed, for and on behalf'of the City, to date, sign, seal, and otherwise execute a Special Escrow Fund Agreement in substantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That, upon execution, said Special Escrow Fund Agreement shall be binding upon the City for all purposes. /s/ ELINOR HUGHES, 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 Nash, seconded by Hughes that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. March 21, 1978 Continued 6. The Council considered a Resolution authorizing execution and delivery of a Trustee Agreement relative to Series 1978 bond proceeds. The following Resolution was presented: RESOLUTION AUTHORIZING EXECUTION OF A TRUSTEE AGREEMENT THE STATE OF TEXAS I COUNTY OF DENTON ~ CITY OF DENTON ~ WHEREAS, it is necessary and advisable that the City enter into the Trustee Agreement hereinafter authorized with The Fort Worth National Bank, Fort Worth, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. That the Mayor and City Secretary are authorized and directed, for and on behalf of the City, to date, sign, and seal and otherwise execute a Trustee Agreement in substantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That, upon execution, said Trustee Agreement shall be binding upon the City for all purposes. Section 3. That the City Council hereby approves the payment of the costs and expenses of the issuance of the City of Denton Electric System Revenue Refunding Bonds, Series 1978, dated March 15, 1978, in the principal amount of $19,2§5,~00 set forth in Exhibit B to said Trustee Agreement, and directs that said amounts be paid to the respective parties set forth in said Exhibit B in accordance with the terms of said Trustee Agreement. /si ELINOR HUGHES, 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 Stewart, seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Nash "aye", Stewart "aye", Mitchell "aye" and Hughes "aye". Motion carried. 7. The Council considered a Resolution authorizing execution and delivery of a Series 1978 Retirement Fund Agreement. The following Resolution was presented: RESOLUTION AUTHORIZING EXECUTION OF A SERIES 1978 RETIREMENT TRUST AGREEMENT THE STATE OF TEXAS ~ COUNTY OF DENTON ] CITY OF DENTON ~ WHEREAS, it is necessary and advisable that the City enter into the Series 1978 Retirement Trust Agreement'hereinafter authorized with The Fort Worth National Bank~ Fort Worth, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: March 21, 1978 Continued Section 1. That the Mayor and City Secretary are authorized and directed, for and on behalf of the City, to date, sign, and seal and otherwise execute a Series 1978 Retirement Trust Agreement(the "Agreement"). in substantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That the purchase price of the "Federal Securities", as defined in the Agreement, shall be determined as set forth in-the preamble to the Agreement at the start of business on March 30, 1978. Said purchase price shall be inserted in the proper place in the Agreement and the Mayor shall, and is authorized to, deliver the Agreement to T~he Fort Worth National Bank. Section 3. That, upon execution and delivery as provided above, the Agreement shall be binding upon the City for all purposes. /s/ ELINOR HUGHES, 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 Nash,~seconded by Mitchell that the Resolution be passed. On roll call vote Gay "aye", Stewart "aye", Nash "aye" Mitchell "aye" and Hughes "aye". Motion carried. ' 8. The Council considered a Resolution authorizing execution of an under- -- writing agreement relative to Series 1978 bonds. The following Resolution was presented: RESOLUTION AUTHORIZING EXECUTION OF AN UNDERWRITING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND GOLDMAN, SACHS & CO., DILLON, READ,& CO. INC. AND STEPHENS, INC. THE STATE OF TEXAS ~ COUNTY OF DENTON ~ CITY OF DENTON ~ WHERBAS,~tt $$ necessawy'a~d=advi~s~bt~ tha~ the~.CJty of Denton, Texas (the "City") enter into an Underwriting Agreement with Goldman, Sachs & Co., Dillon, Read & Co. Inc., and Stephens, Inc. with respect to certain bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Sectionl. That the Mayor and City Secretary are authorized and directed, for and on behal~f of the City, to date, sign, seal and otherwise execute an Under- writing Agreement between theCity and Goldman, Sachs & Co., Dillon, Read & Co. Inc., and Stephens, Inc. in substantially the form and substance attached hereto and made a part hereof. Upon execution and delivery, such Underwriting Agreement shall constitute a binding and enforceable agreement of the City in accordance with its terms. Section 2. The Mayor and City Secretary of the City, the City Manager of the City, and all other officers of the City are hereby authorized to execute and deliver such other instruments, certificates, documents, or papers, and approve changes in the Underwriting Agreement and the Official Statement relating to the Bonds described therein, as they may deem advisable, and to take such further action as such officers may deem advisable or appropriate in connection with the matters and transactions referred to in or contemplated by the Under- writing Agreement. March 21, 1978 Continued /_s/ ELINOR HUGHES, 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 Gay, seconded by Mitchell that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "ay~'~ and Hughes "aye". Motion carried. 9. The Council considered a Resolution authorizing City officials to take all other necessary actions in construction of the foregoing. Motion was made by Nash, seconded by Stewart that the Resolution be passed Motion was then withdrawn since this matter was included in an ordinance. Mayor Hughes thanked the personnel of The First Southwest Company for their expertise and constant help and also thanked them for their legal and financial assistance. 10. The Council considered an agreement between the City of Denton and the Denton Cultural Confederation in regard to the use of a portion of the hotel- motel occupancy tax. Motion was made by Nash, seconded by Mitchell that the City enter into an agreement with the Denton Cultural Confederation relative to the addition of 1% to the hotel-motel occupancy tax. Motion carried unanimously. (Agreement filed in packet #4800) The Mayor staged questions' relative~rto q%-i~c'rease of-occ~pancy~tax have been~raised as.~oqlows: .('l-)ts~'it'fai.-r to tax tourists~to, suPpor.t~arts'and hi-storic~l.~p~ese~.vat~ion~ (2) Will'the '1% ~eter'¢ourist~-'fwom.-stay~ng here? (3) Can the¢~nfedera~ion be~fqt.the..'to~ri, st-?ndust~y? ~!The..v?s,i~or,~ not the i~dustry, pays the sma}l ta×. I pledge to work for the interest of all groups". 11. The Council considered a report from the Citizens Traffic Safety Support Commission concerning the construction of sidewalks as a part of the street improvement program. The Director of Community Development presented specific locations for sidewalks near public schools and urged that the program be implemented immediately in order that construction can be completed by September, 1978. He added that the staff recommended that a public hearing be called for April 18, 1978 in order to receive citizen input regarding the sidewalk program. He added that bids for the work should be requested with a contract to be awarded May 16, 1978. Motion was made by Stewart, seconded by Mitchell to receive the report from the Citizens Traffic Safety Support Commission and to call a public hearing for April 18, 1978. Motion carried. 12. The Council considered restricting parking on the south side of West Hickory Street west of Welch as recommended by the Citizens Traffic Safety Support Commission. The Director of Community Development stated that the staff supports this request with the feeling that there will be a slight improvement in traffic safety with the parking restrictions as proposed. If the City Council concurs with this recommendation, they should direct the Attorney to prepare an ordinance to restrict the parking in the area. Motion was made by Nash, seconded by Stewart to accept the recommendation of the Citizens Traffic Safety Support Commission and to direct the City Attorney to prepare an appropriate ordinance. Motion carried. March 21, 1978 Continued 13. The Council considered restricting parking on the west side of Bell Avenue at University Drive to provide for a turning lane as recommended by the Citizens Traffic Safety Support Commission. The Director of Community Development stated that the permanent removal of 200' of parking would permit the marking of a left turn lane, adding that traffic flow and safety would be improved by the proposed lane markings. Motion was made by Stewart, seconded by Nash to approve the recommendation of the Citizens Traffic Safety Support Commission and to direct the City Attorney to prepare an appropriate ordinance.. Motion carried. 14. The Council considered an agreement between the City of Denton and the Universal Development Corporation for the construction and installation of two (2) drainage boxes across Stuart Road and authorize the Mayor to sign the contract. Council Members Gay and Nash abstained from participation. Motion was made by Hughes, seconded by Stewart to approve the agreement with Universal Development Corporation. Motion carried. 15. The Council considered a Resolution authorizing the purchase of right- of-way for the construction of Sherman Drive, Avenue A and McCormick Street. 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 21ST DAY OF MARCH, A.D. 1978. 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 Sixty-Five Thousand One Hundred Twenty-Four and 40/100 Dollars ($65,124.40), costs of closing included; NOW, TNEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to US Life Title Company in the amount of Thirty-Five Thousand Six Hundred Sixty-Six and 50/100 Dollars ($35,666.50) and the amount of Six Thousand Nine Hundred Forty-Six Dollars ($6,946.00) in miscellaneous expenses as per the attached addendum affixed heretO; and that money for right-of-way condemnations for Sherman Drive and Avenue A be expended from the Street Improvement Bond Fund to US Life Title Company in the amount of Twenty-One Thousand Nine Hundred Six & 90/100 Dollars ($21,906.90);~and money for right-of-way condemnations for McCormick be expended from the Genenal Revenue Fund to US Life Title Company in the amount of Six Hundred Five and No/lO0 Dollars ($605.00) for the acquisition of right-of-way. PASSED AND APPROVED this the 21st day of March, A. D. 1978. /s/ ELINOR HUGHES, 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 March 21, 1978 Continued ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS: US LIFE & TITLE COMPANY W. B. King Sherman Drive $ 8,165.00 T. C. Bowman Sherman Drive 2,305.00 John B. Harrison Sherman Drive 352.50 Mildred E. Stuart Sherman Drive 652.50 Stanlee Roberts Sherman Drive. 3,652.50 Z. D. Zachery Sherman Drive 4,652.50 I. W. O'Brien Sherman Drive 302.50 Royal Acres Dev. Sherman Drive 4,161.00 J. L. Tidwell Sherman Drive 440.00 T. G. Harrison Sherman Drive 1,511.00 Sue Boyet Sherman Drive 1,406.00 H. L. Whitworth Sherman Drive 256.00 George Munger Sherman Drive 310.00 Asbury Methodist Sherman Drive 7,500.00 TOTAL SHERMAN DRIVE $~,66G.50 2. DENTON COUNTY CLERK - (CONDEMNATIONS) G.R. Hickman Sherman Drive $ 9,099.00 -= Lucille Allen ' Sherman Drive 6,195.40 TOTAL CONDEMNATIONS ~5,294.40 3. LAND PURCHASES F. G. Smith Avenue A $ 350.00 G. B. Grier Sherman Drive 1,200.00 J. S. Frisby McCormick Drainage 500.00 Halley Schmitz Sherman Drive 2,767.50 Helen Borth Sherman Drive Utilities 300.00 Dan Leander Sherman Drive 2,100.00 TOTAL LAND PURCHASES ~ 7 ~2.!7. 50. 4. MISCELLANEOUS~ Signal Light Costs Univ.-Bonnie Brae $ 2,321.00 Real Estate Appraisals Sherman Drive 3,470.00 Testimonies Sherman Drive 1,050.00 Survey Cost McCormick 105.00 TOTAL MISCELLANEOUS ~6,946.00 Motion was made by Mitchell, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Gay "aye", Nash "aye", Mitchell "aye" and Hughes "aye". Motion carried. 16. The Council considered authorization for selection of architects fcr bond proposals Assistant City Manager King Cole briefed the Council. Motion was made by Nash, seconded by Gay that the Library Board screen and recommend architects for the proposed new Li-brary addition, and that a five man committee be appointed to interview architects and make a recommendation to the City Council for an architect for the police and fire administration buildings; the committee to be composed of the Fire Chief, Police Chief, Director of Community Development and two others to be selected later. Motion carried. 17. The Council considered purchasing property for the site of an electric substation at the location of the Red Bud Motel on North Locust. The Council was briefed by Electrical Engineer Ernie Tullos and Director of Utilities Bob Nelson. Both Nelson and Tullos stated that they plan to install some kind of sound barriers in adjacent areas and they were also concerned with aesthetics. 402 March 21, 1978 Continued Several residents of the area voiced opposition to the substation location, being concerned primarily with constant noise factors and the possibility of lowering their property values. Bob Nelson stated that his department would like to have a committee from the 'residents in the-adjacent areas to work with the City on the matter. Motion was made by Mitchell, seconded by Stewart to table the matter for further study. Motion carried 4 to 1. 18. The Council considered the request of the Planning and Zoning Commission for a study on planning policies for Carroll Boulevard. The Director of Community Development stated that the Planning and Zoning Commission feels that it is important for the City to develop a plan or a set of policies to guide land development along Carroll Boulevard, adding that a plan seems necessary to address these proposals in an informed and consiste~t manner with the following dual objective: (A) The maintenance of C.arroll Boulevard as a thoroughfare (B) The protection of existing residential properties The issues which might be considered are: (A) Whethen, and under what conditions, sections of property along Carroll Boulevard might be allowed to be developed for office or retail use. If properties are to be rezoned, what special zoning controls might be utilized? (B) What type of curb cut policy should be adopted? (C) What steps might the City take to encourage the viability and maintenance of existing residential properties in the Carroll corridor? (D) What is the highest and best use of the city-owned remnants along Carroll? He stated that the Planning and Zoning Commission would project a study time of 2 or 3 months. Motion was made by Mitchell, seconded by Stewart to approve the Planning and Zoning Commission's recommendations for Carroll Boulevard. Motion carried. 19. The Council considered an ordinance amending the Zoning Map (Z-1318) The ~following Ordinance was presented: ORDINANCE #78-13 (W. Oak Street) 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 ORDIN~NCE NO. 69-1, AND AS SAID MAP APPLIES TO VARIOUS LOTS AND BLOCKS AS SHOWN. ON EXN}BtT 'A" ATTACHED HERETO FOR ALL PURPOSES 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 Hughes that the ordinance be ~assed.. On roll call vote Gay "aye", Stewart "aye", Nash "aye", Mitchell "aye." and Hughes" " aye . Motion carried. 20. The Council considered the acquisition of three easements for drainage improvements on the lower section of Pecan Creek and the hiring of an Appraiser to provide the appraisals. The Director of Community Development stated that the Denton C.D.A. funds for 1977 provided for drainage improvements in southeas't Denton. Approximately $60,000 was designated for land acquisition, grading, clearing and channel lining as needed. The area proposed for improvements is generally east of Bradshaw Street and provides for an extension of previous channel improvements that were made through Fred Moore Park. March 21, 1978 Continued At this point in the Federal procedures, it becomes necessary for the City Council to (A) Select an appraiser to place values on any acquired land or easements (B) State the intention to acquire the necessary drainage ways in order to construct the project. "A Council motion including both items would be sufficient to indicate the intent to proceed with the drainage improvements." Motion was made by Mitchell, seconded by Hughes to hire James Hinsley to place values on any acquired land or easements and to acquire the necessary drainage ways in order to construct the project. Motion carried. 21. The Council considered quit-claiming utility easements associated w~th the development of Denton Mall as follows: GRANTOR DATE RECORDED VOLUME & PAGE George Hopkins 5-2-30 231 - 241 George Hopkins 5-26-37 264 - 582 W. B. Shirley 8-21-37 266 - 397 G B. Bush 2-30-46 327 - 425 G. B. Bush 5-31-49 355 - 66 F. W. Bush 2-28-50 365 - 25 G. W. Bush 3-21-50 365 - 26 T. E. Marshall 9-29-51 372 - 450 Joe B. Akers 4-17-52 378 - 41 Joe B. Akers 6-23-59 448 - 427 Joe B. Akers 6-6-69 355 - 117 Also a sewer line easement as follows: GRANTOR DATE RECORDED VOLUME & PAGE C. C. Helton et ux 9-6-62 485 - 489 Motion was made'by Mitchell, seconded by Nash to approve quit-claiming the above utility easements associated with the development of Denton Mall. Motion carried. 22. The Council considered paving one-half of Oak, Lawn Avenue. The Director of Community Development s~ated-that the developer of the complex that borders Bell and Oak Lawn Avenue is required to pave Oak Lawn. He has agreed to do this but under subdivision rules and regulations would be required to pave only one-half of Oak Lawn. We recommend that the City pave the other one-half for the following reasons: (A) It has been our experience that when only half of the street is built, it deteriorates rapidly because it is not protected from the elements on the unfinished side. (B) This half street does not have any homes fronting on it and,, therefore, would probably not be assessed to the property owners. We estimate the cost of this project to be approximately $3,700. Motion was made by Stewart, seconded by Nash to approve paving one.-half of Oak Lawn Avenue. Motion carried. 23. The Council considered Weatherization Loan Program. No official action was taken. March 21, 1978 Continued 24. The Council considered the Consent Agenda. Council Member Nash requested that Bid #8562,be removed since it is a large item and needs some explanation. The Mayor stated that the consent agenda is proving its worth and that any items that Council Members do not understand can be removed for further discussion. "All of us need to do our homework relative to the consent agenda." Motion was made by Mitchell, seconded by Stewart that the following consent agenda be approved with Bid #8562 removed. Motion carried. (A) BIDS: : (1) #8559 Aluminum Bleachers Awarded to low bidder, Southern Bleacher Construction Company at $1,881 each for a total of $5,643 with delivery in 21 days. (2) #8560 Tree Trimming Awarded to Texas Line Service at a total of $27.45 per hour. This bid contract is for approximately three months work. (3) #8563 3-Wheel Police Vehicles Awarded to Watson Distributing in the amount of $4,109 each for a total of $8,218, FOB Denton, Net 30 days. (4) #8564 Riding Mowers (Item 2 only) Awarded to Goldthwaite's, Inc. in the amount of $3,220 each for a total of $12,880, with a 14 day delivery schedule, FOB Denton, net 30 days. (5) #8565 Track-Type Loader Awarded to Darr Equipment for a Caterpillar model 977L in the amount of $85,298 FOB Denton. (6) #8566 Disc Packs and Terminal (for Data Processing) Awarded as follows: Item 1--Delta 4050 Terminals at $3,495 each for a total of $10,485 to H. M. Nipper. Item 2--Delta 4050 Card Set at $1,700 to H, M. Nipper Item 3--One hundred feet of cable for above terminals-- not to be purchased at this time. Item 4--Disc packs at $395,00 each or $1,975 to Data Supply Corporation. 25. The Council considered bid #8562 for a Landfill Compactor & Wheel Tractor/Scraper. (This item was removed from the consent agenda,) Motion was made by Mitchell, seconded by Nash that the bids be awarded as follows: Item 1--Awarded to Darr Equipment Company of Dallas on alternate bid on a used model 816.Compactor, currently rented and in operation in the City of Denton Landfill for the past three months, for a yearly lease at $1,875.00 per month for 12 months with the option to purchase at the end of the 12 months for $52,238.00 Item 2--Wheel Tractor/Scraper awarded to the lowest and best bidder, Conley-Lott-Nichols for a one year base at $2,200.00 per month with an option to buy at the end of 12 months for a total payout price of $33,500 for a Terex m6del SllE Scraper. Motion carried. March 21, 1978 Continued 26. The award of equipment bid #8554, approved on April 7, 1978 was discussed by the Council. Details were related by Tom Shaw, Assistant Purchasing Agent. 27. The Council adjourned into Executive Session at 11:15 p.m. to discuss the following: (A) Board Appointments (B) TMPA (Discussion of Grimes County Taxpayers' Association vs. 'TMPA and the Cities of Bryan, Denton, Greenville and Garland litigation) (C) Land acquisition at Denton Municipal Airport 28. The Council reconvened into Public Session at 11:50 p.m. Motion was made by Gay, seconded by Mitchell to appoint the following: Human Services Advisory Committee: Fannie Bell Gaupp W. C. Orr, Jr. Ethelyn Davis William Crouch Eugene Kimble Rita Blanchard Peggy Dollarhide Ruth Webb Richard O. Stewart Frank Davila The Planning and Zoning Commission and the Housing Authority will each appoint 1 member~andq ~m~r~-membe~-~ill~-be,~appointe~'by t~e Council. Electrical-~ode Board Carla Whaley Motion carried The meeting adjourned at 11:55 p.m. MAYOR City Council April 4, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, April 4, 1978 at 7:00 p.m. in the Cotlncil Chambers of the-Municipal Building. PRESENTr ,Mayor Hughes, Mayor Pro Tem Mitchell, Members Gay, Nash and Stewart; City Manager.Chris Nartung,.Assistant. City Manager JackOwen, City Attorney Paul. Isham and City Secretary Brooks Holt. 1. Motion was made by Gay, seconded by'Stewart that the minutes of the regular meeti.ng of March '21, 1978 be approved. Motton carried. 2. The Mayor read a proclamation expressing appreciation and best wishes to Jimmy Jones, Director of Community Development, who has resigned to accept a similiar position in Illinois, for his most valuable contributions to the City of Denton. 3. The Council received with gratitude a flag for the City of Denton, made by students of TWU and designated as a gift from students, Administration and Staff of the University. 4. PUBLIC HEARING: (A) A public hearing was held on Z-1327, the petition of Mr. Raymond Abbott, requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on 2.1 acres located on the west side of Teasley Lane, beginning 300 feet south of 1-35E. Rick Svehla of Community Development stated that 4 letters were mailed with 1 in favor and none in opposition. Council Member Nash abstained from participation in the matter. After hearing 1 speak in favor and none in opposition, motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried with Nash abstaining. 5. The Council considered awarding a contract for consulting services for a water and sewer rate study and a management study of the water and sewer department. The City Manager stated that three firms presented a proposal, adding that the Public Utilities Board had interviewed representatives of the firms, and the firm of T~uche-Ross an~ C~mpany of Dallas was recommended at a "not to exceed" price of $35,000,-a~l~L~Y~B~the Staff concurs with the recommendation. Council Member Nash asked Mr. Rhodes of Touche-Ross if they would consider operation efficiency in the study. Rhodes answered, "Yes, efficiency of operation will be considered". The Director of Utilities stated: (1) Firm was asked to study entire operational structure (2) Look at present and future requirements (3) Review the way the City uses and extends facilities (4) Take a look at actual work (5) Rate study to cover capital requirements, operational expense, revenue requirements and expenditures (6) Prepare an industrial waste'rate ordinance. Nash--"Will you get information in offices or in the field?" Rhodes--"An in depth sight study will be made, and we will study possible cost savings." Motion was made by Gay, seconded by Mitchell to hire Touche-Ross and Company at a cost not to exceed $35,000. Motion carried. 6. The Council considered a report from Rimco, Inc., Risk Management Consultants, on sewage backup. City Attorney Paul Isham reviewed Rimco's analysis and survey, and that Rimco does not believe that under the present state of the law, the City of Denton has any negligence or liability regarding claims for damage from sanitary sewer systems. As a result, we must conclude that claims for sewer backup April 4, 1978 Continued problems will not be covered under the City's insurance program as presently written. Isham added that Rimco recommended alternative #3 as follows: The City could continue under its present insurance program and initiate a program whereby the City would indemnify any citizen for damages caused by a sewer backup as a result of negligence on the part of the City. Motion was made by Mitchell, seconded by Stewart to adopt alternative #3 as recommended by Rimco and to direct the City Attorney to prepare the appropriate documents. Motion carried. The Manager stated that sewage backups cause a terrific public relations problem. The Mayor stated that the City has a moral obligation to pay for sewage backups. 7. The Council considered a Municipal Maintenance Ordinance with the State of Texas concerning maintenance on certain highways. Following a briefing by Assistant City Manager Jack Owen, the following Ordinance was presented: ORDINANCE NO. 78-14 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF DENTON, COUNTY OF DENTnN, TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND'AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. Motion was made by Hughes, seconded by Stewart that the Ordinance be aye , Gay Stewart , Mitchell passed. On roll call vote Nash" " "aye" "aye" "aye" and Hughes "aye". Motion carried. 8. The Council considered a recommendation to accept the Senior Citizens Center. Motion was made by Stewart, seconded by Mitchell to accept the Senior Citizens Building as recommended by the Parks and Recreation Board. Motion carried. 9. The Council considered an Ordinance restricting parking on the west side of Bell Avenue and the south side of West Hickory Street. The following Ordinance was presented: ORDINANCE NO. 78-15 AN ORDINANCE REMOVING PARKING ON THE WEST SIDE OF BELL AVENUE AND THE SOUTH SIDE OF HICKORY STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 10. The Council considered an Ordinance amending Chapter 21 of the Code of Ordinances of the City of Denton by amending Section 21-9,"Signs, Advertisements not to be painted or placed on sidewalks, curbs, public property, etc." so as to permit painting of house numbers without permission of the Council. The following Ordinance was presented: ORDINANCE NO. 78-16 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING SECTION 21-9 "SIGNS, ADVERTISEMENTS NOT TO BE PAINTED OR PLACED ON 408 April 4, 1978 Continued SIDEWALKS, CURBS, PUBLIC PROPERTY, ETC." SO AS TO PERMIT PAINTING OF HOUSE NUMBERS WITHOUT PERMISSION OF THE COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Mitchell "aye" and Hughes "aye". Motion carried. 1 1. The Council approved the agenda for the April 11, 1978 study session as recommended by the City Manager. 12. The Council considered the Consent Agenda. Motion was made by Stewart, seconded by Mitchell to approve the follow- ing Consent Agenda. Motion carried. (A) The Council approved the Tax Adjustments for the month of March, 1978 in the amount of $40,608.78, and a supplement to the rolls in the amount of $38,199.15. (B) BIDS: (1) #8564 88' Front Cut Mower Awarded to Watson Distributing in the amount of $4,940.95, FOB Denton, with a thirty day delivery schedule. 13. The Council considered an Ordinance canvassing the City Council election of April 1, 1978. The following Ordinance was presented: ORDINANCE NO. 78-17 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 1, 1978, TO ELECT TWO CITY COUNCIEPERSONS TO TWO PLACES, PLACES FOUR (4) AND FIVE (5). Motion was made by Mitchell, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Gay "aye" Mitchell "aye" and Hughes "aye". Motion carried. ' 14. The City Secretary administered the Oath of Office to Councilmen Bill Nash and Richard O. Stewart who were re-elected on April 1, 1978. 15. The City Secretary took the chair and opened nominations for Mayor. Nash nominated Stewart. Hughes nominated Mitchell. On roll call vote Hughes, Mitchell and Gay voted for Mitchell and Nash and Stewart voted for Stewart. Joe Mitchell was elected Mayor by a 3 to 2 vote. Nominations were then opened for Mayor Pro Tem. Nash nominated Stewart. Mitchell. nominated Gay. On roll call vote Hughes, Mitchell and Gay voted for Gay and Nash and Stewart voted for Stewart. Mary Claude Gay was elected Mayor Pro Tem by a 3 to 2 vote. The City Secretary relinquished the chair to the new Mayor, Joe Mitchell, who made the following remarks: (1) Thanked the Council, the City Staff, Denton citizens and his family, "who bears the brunt of my frustrations". (2) mi have never voted to serve any group or neighborhood." April 4, 1978 Continued ('3) mi hope I am always guided by those things that are best for the entire City. (4) "I love this City and will do the best job I can.'' (5) "Under City Manager form of government the Mayor has no more power than other Council Members. He does serve in a ceremonial capacity, and this is the way it should be." Outgoing Mayor, Elinor Hughes, made the following remarks: (1) "Anyone leaving a public office has to be a little like the person coming out of the hospital who says 'let me show you my scars,' but it's not scars I'm taking away. I'm extremely proud of having been able to serve the citizens of Denton... The plusses far outweigh any scars I may take from office." (2) "One of the delights of my service on the Council is the discovery I never agree with any other member of the Council all the time or disagree with anyone all the time." (3) "I will remember the many citizens who have not complained but come to express an opinion. We need to know the citizens are concerned and how they feel. The Council can't act alone." (4) She expressed disappointment that Denton doesn't have more citizens voting in City elections. Every member of the Council thanked the Mayor, and the audience gav~ her a standing ovation. 16. The Council considered the request of Hank Clearman to tie on to City water and sewer lines outside of the City limits. The Director of Utilities stated that Mr. Clearman is building a duplex apartment on the west side of Highway 1830, south of Fort Worth Drive. This property is located outside of the City limits. Water and sewer service exists at the northern edge of the property. Mr. Clearman has agreed to e~tend the water lines across the property as required by Ordinance. Sewer service will not need to be extended since the property is located such that future sewer service will need to flow to the south~rather than the north. The Public Utilities Board has recommended approval of the request. Motion was made by Stewart, seconded by Hughes that the request of Hank Clearman to tie on to City water and sewer lines outside of the City limits be approved. Motion carried 4 to 1. 17. The Council adjourned into Executive Session at 8:15 p.m. to discuss Board appointments and land acquisition (Eagle. Drive between Avenue D and Aw,nue E.) 18. The Council reconvened into Public Session at 8:50 p.m. Mayor Mitchell tendered his resignation from the TMPA Board, which was accepted. Motion was made by Stewart, seconded by Gay that the following be appointed to City Boards: Communits Ethnic Relations Board Arthur Jackson Human Services AdvisorS Committee Jane Hopkins Texas Municipal Power_AgencS Board Elinor Hughes Motion carried. April 4, 1978 Continued 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 4TH DAY OF APRIL, A.D. 1978. RESOLUTION WHEREAS, it is necessary for the City of Denton to appoint director to Place 3 on the Texas Municipal Power Agency; and WHEREAS, said director 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 Elinor Hughes to Place 3 to fill an unexpired term, as a Director 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 4th day of April, A. D. 1978. /s/ JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ 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 Stewart, seconded by Gay that the Resolution be passed. On roll call vote Nash "aye", Gay "aye", Stewart "aye", Hughes "aye" and Mitchell "aye". Motion carried. Meeting adjourned at 8:55 p.m. City Council April ll, 1978 Special called meeting of the City Council of the City of Denton, Texas, Tuesday, April ll, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Buildir. g. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Nash and Stewart; City Manager Chris Hartung, Assistant City Managers Jack ~wen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Others present: Director of Finance Bill Bryant, Utilities Director Bob Nelson and City Engineer Rick Svehla. 1. Mayor Mitchell opened the public meeting then adjourned into Execu~ive Session to discuss TMPA pending litigation. 2. The Council reconvened into Public Session at 8:35 p.m. and the Mayor announced that no official action was to be taken. 3. The Council considered the Annual Audit and Management letter as prepared by Alexander Grant and Company. Tommy Prescott and Tom Simon, representing Alexander Grant and Company, Auditors, reviewed the Financial Statement for 1976-77 and their Memorandum of Advisory Comments. (Memo filed in packet #4804) Following the review of the Advisory Comments, the Manager stated that the City would make every effort to correct the problems that were pointed out by the auditing firm. The Auditors also presented a special report relative to Aerosmith Denton Corporation. The City Manager also assured the Council that action would be taken on the Auditor's recommendations as pointed out in the Memorandum of Advisory Comments. 4. The Council considered percentage of participation in drainage in kTSU area and authorize the Staff to incorporate drainage on Avenue E with paving improvements. Mayor Mitchell abstained from participation in the matter. Assistant City Manager Jack Owen and Rick Svehla of the Community Develop- ment Department briefed the Council. Motion was made by Nash, seconded by Gay to approve the 25% participation in Area E in the vicinity of Avenue E and to incorporate the University's plans with the paving improvement plans, to be bid as a pro,iect. Motion carried with Mitchell abstaining. 5. The Council considered the following: (A) Setting a series of meetings to review Local Elected Officials Handbook.--These meeting dates will be set at a later date. (B) The Manager discussed Zero Based Budget orientation, asking input from the Council, adding that the Staff is putting together a Zero Based Budget Training Program. He also stated that the orientation would include suggestions for budget priorities as required by the Charter. (C) The Annual Retrea~ was discussed.--The City Manager stated that he was sold on the value of an annual retreat for the Council, adding that at these sessions directions could be set. He proposed holding the retreat at an out of town location. The Council, however, was divided in their opinions as to a local or out of town site. The Manager stated we would do something locally. Meeting adjourned at 10:30 p.m. MAYOR City Council, Planning and Zoning Commission And Denton Housing Authority April 15, 1978 Joint Meeting of the City of Denton City Council, Planning and Zoning Commission and Denton'Housing Authority, Saturday, April 15, 1978 at 9:00 a.m. at Carey's Restaurant, 210 Austin Street,' Denton, Texas. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole and City Secretary Brooks Holt. Others present: Dick Fulton of The Denton Realty Board, Tom Fouts, President of Chamber of Commerce, Gerald Williamson, RED Board, Milton Hill, Terrill King and Don Ryan of the Planning and Zoning Commission, Jim Carter, Denton Housing Authority, Rick Svehla, Sam Listi and John Lavretta of Community Development Department. ABSENT: City Attorney Paul Isham. The City Manager stated that the purpose of the meeting was to discuss various issues relative to housing and'~development.in D~nton because of Denton's potential for population'expansion in the'next 5 to'lO years, and to consider various alternati'ves. He introduced Mr. Marshall Kaplan, of Marshall, Kaplan, Gans and Kahn,.,an~internationally known Planning Consultant. 1. Mr. Kaplan discussed the background of the City of Denton, its rate of growth and the changing type of housing, adding that' Denton-can do nothing or recognize emergi'ng types of problems here, but that there was no crisis situation. 2. Mr. Kaplan discussed housing'in general stating that: (A) By and large the houses are old here. (B) We must face quality problems in housing. _ (C) Costs of housing in Denton average $40,000 to $50,000. (D) People with income under $20,000 have problems in purchasing homes, and prices are rapidly increasing. (E) Most new homes are purchased by those upgrading their living conditions. (F) Denton should take a look at the aging of housing, pricing and neighborhood decline. Kaplan stated that Denton must promote growth and the quality of life and should consider the following: (A) Develop a~planning process and a general plan which will reflect the desires of the community. (B) A capital improvemen% program must be planned or money can be wasted. ' (C) Know what the communitys social services problems are. (D) Take a look at planning and zoning requirements. (E) Push code enforcement. (F) Emphasize importance of environment. Kaplan stated that the private sector is now pushing the public sector for neighborhood revitalization, since there are problems'with pockets of poverty, but most areas 'in Denton can be conserved. This calls for a public policy on conservation with the private sector assisting. Mr. Kaplan said that Denton can promote new housing construction, that this can be done by making vacant land available, zone wise, for building purposes and promoting 'neighborhood'revitalization. He added that many city codes are archaic and that realistic parking requirements for multi-family are needeld,' particularly in the core of the City. "There are many people migrating to the Sun Belt for many reasons, such as energy, weather, jobs and better'life and there has been a shift back to smaller towns." ' April 15, 1978 Continued Jim Carter, Director of the Denton Housing Authority, asked Mr. Kaplan what to do if low income citizens cannot afford available housing? Kaplan answered that several government programs ~rovide low interest rates and other subsidies for-lowinc'ome people. Tom Fouts of the Chamber of Commerce stated that'several industries are committed to come to Denton since they have purchased land for their plants and it is expected~that'there will be a 20% increase in jobs, but many incomes can't pay for the cost of housing. Kaplan stated that there could be reverse commuting from surrounding towns. The City will also have to re-do its codes, planning and zoning and subdivision requirements. Council Member Hughes asked if she were causing a burden on the taxpayers since she voted to extend utilities'to'~a subdivision as a subsidy. Kaplan answered that this could cause an impact on the tax base. He suggested making a study on growth~impact on the tax base. Gerald Williamson of the RED Board'~ asked' if Denton should make agreements with small towns near Denton. Kaplan stated that formal relationships should be encouraged to resolve problems. Council Member Nash stated that Corinth might grow considerably and Denton provides water and sewer for Corinth, a't a price. City Manager Hartung stated that Dallas had this situation. They furnish services to the suburbs, but are still having difficulty as to what price should be charged. Mayor Mitchell stated that his concerns are zoning problems, that we need long range plans. Fouts stated that citizens say that they want good industry. "What is good industry?" Kaplan said that the Universities should be an asset for good industry since they can be the primary reason for industry locating here. 3. After the presentation by Kaplan and the input by those present, the City Manager stated that the'City was endeavoring to adopt definite directions. Council Member Nash stated that the Council and Planning and Zoning Commission meet to consider growth problems. The Mayor suggested that a group from several groups, plus a realtor, the Universities and financial institutions, be organized to make recommendations. John Lavretta, City Planner, stated he would like to design something to present to the recommended group as a basis for discussion. Council Member Stewart stated that Denton must be doing something right, that he had been to many cities and many states and finds that Denton is far up the line. The issues from the meeting are as follows: (A) Rigid code enforcement (B) Housing market Impact of Proposed development Regional (County) cooperation (E) Pricing of utilities (F) Zoning April 15, 1978 Continued (G) Type of industry (H) City/University relationship (I) Downtown central business district (J/ Public transportation (K Communications (L) Lack of written 'standards (M) Ad Hoc Committee (N) Study design-staff Meeting adjourned at 1:35 p.m. MAFOR CIT~ SECRETARY City Council April 18, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, April 18, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Mitchelq, Mayor Pro Tem Gay, Members Hughes and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart 1. Motion was made by Hughes¥ ~econded by'Gay that the minutes of the Regular Meeting of April' 4, 1978 and the minutes of the Study Session of April 11, 1978 be approved. Motion carried. 2. PUBLIC HEARING: (A) A public hearing was held to consider the recommendation of the Citizens Traffic Safety Support Commission concerning 6.2 miles of sidewalk construction proposed for several locations throughout the City and approve plans. The Mayor opened the public hearing following a briefing by Rick Svehla of the Community Development Department' who stated that approximately 250 letters were mailed to property owners in the areas of sidewalk construction. Maps of the proposed sidewalk construction were provided to the Council. Such matters as the width of the sidewalks, some recommending 4 feet, others 3 feet in width were suggested. It was also suggested that the walks should be across the street from thei~r property or on a~other street. A possible drainage problem, the safety factor, the loss of trees, shrubbery and grass, fate of mail boxes, power poles, water lines and meter boxes were also discussed. Svehla pointed out that the sidewalk program and location of sidewalks was developed by the Citizens Traffic Safety Support Commission and recommendations from PTA leaders and school officials. Council Member Hughes said "I'm in a poor position to evaluate the arguments raised here tonight." She asked if it would be possible to supply the Council with a brief report on why the locations were selected? Council Member Nash statedhe would like to see a decision delayed. Motion was made by Nash, seconded by Hughes to table the matter so that the Staff can make further study. Motion carried. 3. The Council considered the problem of several residents on Hickory Hill Road concerning property taxes. Citizens of the Hickory Hill Road area asked the Council to remove their property from the tax rolls through deannexation, stating they were not receiving City services. The City Manager stated that the City is proposing to deannex all but a 10 to 20 foot wide strip now lying within a 600 foot strip that serves as a protective southern boundary for the City. City Attorney Isham stated that the City could deannex in approximately 60 days, but if it is reviewed by the Justice Department it could involve 120 days. The Council indicated they will do what they can to keep the group from being taxed in 1978. No official action was taken. 4. The Council considered a recommendation of the Parks and Recreation Board regarding policies and guidelines for the operation of the Senior Citizens Center. April 18, 1978 Continued Motion was made by Gay, seconded by Hughes to approve the polqcies and guidelines of the Senior Citizens Center as follows: (A) That the Denton Senior Citizens Facility exists to provide recreation and services to all D~nton's older adults. (B) It is apparent that the Dentoh Senior Citizens Facility will not be capable of providing space and~or services to meet every requi'rement of every senior citizens group or organization. (C) Closely coordinated scheduling of Facility usage should ensure use by the maximum'number of groups and organizations; however, there will be a continuing need for usage of other facilities such as the Civic Center,. Churches, Hospitality Rooms, etc. (D) Usage scheduling should not exclude use of the Facility by individuals at any time during the normal operating hours of the Facility. (E) The Facility should provide the physical facilities for the Title VII Program but not to the exclusion of simultaneous usage by other groups and organizations; as well as individuals. Motion carried. 5. The Council considered site plan approval for Planned Development 23 located on Carroll Boulevard. Motion was made by Hughes, seconded by Gay that site plan for Planned Development 23 located on Carroll Boulevard be approved as recommended with the following conditions: (A) Site plan approval is granted for the pro'posed development of three office buildings. The building arrangement and size, driveS, walks, and parking layout shall be provided ~as shown on the site plan. (B) A single advertising sign shall be erected in conformance with the site plan, located a minimum of twenty-five feet (25') from the front property line, and shall conform to the zoning require- ment for signs in an Office (0) zone. This includes a maximum size of thirty-six (36) square feet in area for a ground level sign and a maximum size of sixty (60) square feet for a pole sign. (C) In an effort for this development to blend aesthetically with proposed City improvements along the Carroll Boulevard corridor, it is recommended that landscaping be provided which screens the parking area from the street. (D) The developer will be responsible for all drainage from the total PD-tract. This runoff must be collected in uDderground structures before it reaches Carroll Boulevard. The developer must then pipe his runoff to the' existing storm drainage system on the west side of Carroll Boulevard. The developer must also replace any structures on Carroll that are eliminated by the driveway cuts. Engineering plans for these improvements must be accepted by the City Engineering Department prior to acceptance of the subdivision pl-at. The existing curb cut to be used for construction purposes shall be closed when the two new curb openings are cut. (E) Site plan approval is granted contingent on a'n accepted replat of this property according to Denton Subdivision Regulations. Motion carried. 6. The Council considered a flood drainage prevention map defining Floodway and Flood Plain areas prepared by the Federal-Government. Counci-1 Members discussed ~h'e~federal.ly required flood prevention ordinance and voiced concern that provisions of this ordinance prohibits the building or improvement of structures in the designated flood plain areas. The Council, in response to Jean Barns, who is now stymied in a real estate contract, advised that 'their hands are tied in trying to correct hers and probably many more'such situations. April 18, 1978 Continued 7. The Council considered abandoning an electric and sanitary sewer easement on Oak Lawn belonging to Joe Belew and Bob Hankins. The City Manager recommended approval. Motion was made by Nash, seconded"by Gay to authorize a Quit Claim Deed on Oak Lawn belonging to Joe Belew and Bob Hankins. Motion carried. 8. RESOLUTIONS AND ORDINANCES: (A) The Council considered, the following Reso~tion. adopting a City flag from TWU: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF~ SAID'CITY ON THE 18TH DAY OF APRIL, A.D. 1978. RESOLUTION WHEREAS, Dr. Mary Evelyn Huey, President of Texas Womans University has presented a flag to the City of Denton symbolizing the two fine universities located in Denton and the City itself; and WHEREAS, the flag was designed and made by students of Texas Womans University; and WHEREAS, the City wishes 'to accept the flag, direct that it be property displayed as the official flag for the City of Denton; a~d officially thank President Huey and the students of Texas Womans University for this fine gift; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the flag is hereby officially received by the City'of Denton and is hereby adopted as the official flag for the City of Denton, and the City Secretary is hereby directed to'keep said flag in his custody and~to display it at appropriate times. PASSED AND APPROVED this the 18th day of April, A. D. 1978. /s/ JOE MITCHELL, 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 Nash that the Resolution be passed. On roll call vote Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) The Council considered the following Ordinance (Z-1327) changing the zoning from Agriculture (A) to General Retail (GR) on property belonging to Raymond Abbott: Council Member Nash abstained from participation in the matter. ORDINANCE NO. 78-18 AN ORDINANOE 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 A PORTION OF LOT 22, BLOCK NO. 233-C 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 Gay that the Ordinance be passed. On roll call vote Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried with Nash abstaining. 4!.8 April 18, 1978 Continued (C) The Council considered the following Ordinance adopting, policies regarding sanitary sewer backup: ORDINANCE NO. 78-19 AN ORDINANCE'~MENDING'CHAPTER~25 "UTILITI-ES" ARTICLE III "SANITARY SEWERS" OF THE CODE OF ORDINANCES-BY PROVIDING NEW SECTIONS-25-45 THROUGH'25-47 WHICH SET OUT CLAIM PROCEDURES'FOR SANITARY~SEWER MALFUNCTIONS; REQUIRING A FORM TO BE SUBMITTED; PROVIDING'AN INYESTIGATION; PERMITTING AN APPEAL; PROVIDING A SEVERAB~LITY'CLAUSE; AND. DECLARING 'AN EFFECTIVE DATE. Motion was made by.Nash, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye",~Hughes "aye" Gay "aye" and Mitchell "aye". Motion carried. ' 9. The Council considered the Agenda for the April 25, 1978 study session. The City Manager recommended the Agenda for the April 25 study session. The Council concurred. 10. The Council considered amending' the Zoning Ordinance pertaining to the on-premise sale of beer and wine at the Fair Grounds. The following Ordinance w~s presented: ORDINANCE NO. 78-20 AN ORDINANCE AMENDING ORDINANOE'NO.'.76_2~i WHICH-AMENDED THE ZONING ORDINANCE (ORDINANCE'Nff.~69-.1) OF-THE CITY OF DENTON, ~EXAS, TO PERMIT THE ON-PREMISE SALE OF BEER'AND/OR WINE AT THE:NORTH'TEXAS FAIR 'GROUNDS; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; AND'DECLARING mN EFFECTIVE DATE. Motion was made by Hughes, seconded by Gay-that the Ordinance be passed. On roll call vote Hughes "aye", Nash "nay", Gay "aye" and Mitchell "aye" Motion carried 3 to 1. ' ll. The Council considered'appo~nttn-g Municipal' Judge'as hearing officer for junked vehicle disputes. Motion was made by Nash, seconded by Mitchell to appoint Municipal Judge as hearing officer for junked vehicle disputes. Motion carried. 12. The Council considered the Consent Agenda. Motion was made by Nash, seconded by Hughes that the following Consent Agenda be approved. Moti'on carried. (A) The Tax Adjustments for the month of February, 1978 were approved in the amount of $30,637.54. (B) Change Order #1 with Marriott Brothers, Inc. on the clearing contract on the north end of the airport was approved in the increased amount of $1,000, making a revised co~tract amount"of $13,000. 13. The Council adjourned into Executive Session at 10:04 p.m. to discuss Board appointments and personnel. 14. The Council reconvened into Public Session. Motion was made by Hughes, seconded by Gay to designate Mayor Joe Mitchell as the official representative to North Central Texas Council of Governments for the City of Denton for 1978-79. Motion carried. Meeting adjourned at 10:35 p.m. ~_~,~4~~ OFIT~ SECRETARY City Council and Airport Advisory Board April 25, 1978 Special Called Joint Meeting of the City Council and the Airport Advisory Board of the City of Denton, Texas, Tuesday, April 25, 1978, at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney"Paul Isham and'City Secretary Brooks Holt. Airport Board: Skinny Crouch, Nancy Hundley~ Roland Vela, Gene Wright, D.'C. Walston, Ed Moorehead and Dave Thomas. 1. The Council considered the Airport Special Report. Tom Simon and Tommy Prescott of Alexander Grant and Company reviewed the report for the Council. Roland Vela, Chairman of the Airport Advisory Board, stated that members of the Board did not request this report; it was requested, by the Council. Council Member Stewart was concerned width several discrepancies he found in the report. He stated that the City has a~contract'with Aerosmith Denton Corporation, not Aerosmith Corporation.' He asked if Aerosmith Denton~should return money to the City from payments for the farming land lease on airport land. City Attorney Paul Isham stated that leased land funds should be returned to the City. Stewart was concerned abou~ ~he 20year lease of Aerosmith Denton, adding that it was required by the lender but Aerosmith Denton has 'a 12 year note with the lender, not a 30 year. Council Member Hughes--"We need specific information regarding City expenditures and revenues from airport operations before we can take definite action--contracts should be reviewed and compared." Vela--The Airport Advisory Board would like to make a study of the two airport contracts--the Committeemake up being 2 Airport members and 3 Denton citizens. Both Council Member Gay and Nash felt that the contract problem should be c~eamed up and solved as quickly as possible. Stewart stated he hoped Aerosmith Denton would be here 30 years but on a mutually agreeable basis. No official action was taken. 2. The Council considered the sidewalk report and to authorize the City Staff to advertise for bids for sidewalk improvements. Rick Svehla of the Community Development Department briefed the Council, giving the reasoning for sidewalk locations at individual public schools. Mayor Mitchell asked that as many trees as possible be saved. Motion was made by Nash, seconded by Gay ~to authorize the City Staff to advertise for bids for sidewalk construction near public schools and to make efforts to save as many trees as possible. Motion carried. 3. The Council considered the Community Development Block Grant. Rick Svehla of the Community Development Department provided the Council with a list of eligible activities un~er the program. He pointed out that at. this time there appears that Denton~most likely alternative is applying for maximum funding in a 2 year comprehensive program. This would provide $1,500,000 over a 2 year period. He added that an Ad Hoc Community Development Citizen Advisory Committee has been participating in the design of this years application. He added that the Council would receive thei'r recommendations shortly. (The memo from John Lavretta of Community Development is filed in packet #4805.) April 25, 1978 Continued 4. The Council considered participation with NTSU in electric and water and sewer improvements in area of campus. Utilities Director Bob Nelson stated that NTSU has proposed to install a 12" water line from Eagle Drive to West Hickory Street on Avenue D. The City now has an 8" line in Avenue C. This line is old and breaks are causing the maintenance to be very high. I would recommend that the University install a 16" line with the University paying the cost of a 12" line and the City paying the difference between the .12" and 16" line. The estimated cost for the City would be $26,600 for approximately 2800' of line. If the City chose to replace the 8" line it would cost about $33,600. NTSU has proposed to install a 15"'sewer line from Eagle Drive to Mulberry Street; a 12" linefrom Avenue A to Central on Eagle Drive; an 8" line on Highland Street from Avenue B to Central and a 10" line from Avenue C to Welch on Sycamore, Avenue A and Mulberry. NT~SU has agreed to pay the total cost of all of these sewer lines. NTSU has proposed to install a 12" sewer line on Avenue G from Stella Street to Prairie Street; a 15" line on Pr.iarie from Avenue G to Bonnie Brae and then from Prairie to 1-35E service road, 'They have asked' that the City pay 75% of the cost of theselines and the University pay 25% since these would be lines the City needs tlo replace, a'nyway. The,City!s cost of these lines is estimated at $98,585. These would be bud§eted ov'er"a three, year period as follows: 1978---$25,000 1978-.--$40,000 1980---$42,185 We recommend these p~oposals and ask that we be allowed to budget for them, All of the lines are needed. Utilities Engineer Ernie Tutlos stated that NTSU is planning to install their own primary electric distribution'sys%em'underground and have two metering points for their electric service. They have requested that they 'be allowed to purchase part of the City's system which can be intergrated into their, own system. The, attached' listing of transformers"and meters'.along with'a short overhead l'ine which serves the physical plant (maintenance warehouse etc.) i~s the equipment which they wish to purchase. It is recommended that we sell the equipment on the following basis: (A) Metering equipment: Current and potential meter~ing transformers--replacement cost Meters-~replacement cost l'ess depreciation @4%/year + $15,00 per meter if a new calibration test is required by NTSU This equipment would be sold "as is" and the City would require that these meter~ be identified permanen%~l~'to ~istinguish them from other City owned meters. (B) Distribution transformers: Current price--depreciation calculated on current price x 60% + original price--depreciation calculated on original price x 40%. Depreciation rate = 5% The new prices shown are estimated from our last purchases. The current p~ice.to be used should be defined as a new price which would be bid 30 days prior to the~sale'date from major manufactureres such as Westinghous and the General Electric and accepted by theCity using loss evaluation to determine the lowest total cost. There are two 2500 KVA power ~type transformers listed which the City Staff does not ~ant to sell but would .lease to NTSU on an annual rate. NTSU plans indicate that~t'hese'transformers~would~be used until 1981. It is recommended that these be teased at~8%/year o~ ~he ~rig~na~ pumchase price. On all these transformers the City would inspect and repair as necessary as far as leaks and/or broken bushings~but otherwise only warrant that the transformers' would be operational at %he ~ime of sale. April 25, 1978 Continued It is recommended that the overhead line serving the physical plant be sold at material replacement costs. Motion was made by Nash, seconded by Gay to approve recommendations of the Staff to accept the proposals of NTSU~ Motion carried with Mitchell abstaining. 5. The Council adjourned into Executive Session at 9:48 p.m. to discuss personnal; TMPA litigation and board appointments. 6. The Council reconvened into Public Session at 9:50 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:52 p.m. MAYOR CI City Council and Denton County Commissioners May 2, 1978 Emergency Called Joint'Meeting of the City Council and the Denton County Commissioners' Court, Tuesday~'May 2, 1978 at~12:00 noon in 'the Civil Defense Room of the Municipal Building. PRESENT:' Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Stewart an--~'~'-~F~-h; City Manager, Chris Hartung, Assistant City Managers Jack Owen and King Cole, Assistant City Attorney Jim B~anton and City Secretary Brooks Holt. CountS Commissioners' Court: Judge Trammell and members Switzer, Salmon and Sparks. 1. The Council and County Commissioners considered emergency measures at the Animal Control Shelter. Judge Trammell, who requested the meeti'ng, s~ated that Dr. Alan Woods, local veterinarian, and Dr. Tanner of the State Office metwith him and-were very concerned relative to the gravity of the situation of rabid animals in the County. Trammell added that 28 rabies cases were confined over'the last year, with the bulk within the last month. He made the following statements: (A) We need quarantine facilities. (B) We need a place to destroy animals. (C) Can we construct pens on a temporary basis near the City Animal Shelter? (D) Can the County pay on a fee basis for the City to destroy animals brought in by the County? Council Member Stewart asked how much money this involves. Commissioner Sparks answered that the County would foot the costs. - Council Member Hughes asked if the City would be responsible if quarantined animals infected other animals. The City Manager stated that the City would be responsible. Mayor Pro Tem Gay stated that the City needs to know the cost, plans, etc. for the quarantine kennel. Commissioner Switzer said 'that the expense of this operation would not be the City of Denton's expense. Council Member Nash said he would like to see the City build the pens. Police Chief Robert Mills said that: (A) Maximum quarantine pens inside 'the' present building would require a great deal of modification, but if the pens were not placed on concrete slabs they would require hand cleaning. (B) Each run would require double fencing to keep children from exposing themselves to rabies' through the fence, (C) Some type of roof would need to be built over the pens to protect the animals from the elements. (D) A sewer system would be required. (E) Security is of the utmost importance. (F) The following cost analysis was conducted to determine cost per animal' for additional feeding and care. Actual cost per animal per day is'$8.00. An additional $8.00 would b6 required for each animal that is euthanized and disposed of. Judge Trammell said we need an agreement with the City. The matter of the method of receiving payment by the City was discussed at length. There was concern for necessity for a particular County employee to coordinate and be responsible for the collection of fees for the shelter services, May 2, 1978 Continued Motion was made by Nash, seconded by~Stewa'rt to build.and operate an emergency animal quarantine facitityif the County of Denton will pay for it. Motion carried. Motion was made by Stewart, seconded by Gay that the City agree to destroy unwanted animals brought here by Dento'nCounty if the City is reimbursed for additional costs. Motion carried 3 to 2. The City Manager stated that the Council would have to pass another Resolution repealing the present Resolution which contains 'an agreement with the County. After completion of the joint meeting with the County Commissioners the Council considered an agreement with'Westga~te. Hospital on use o4 the Denton Fire Department 'ambulance. The City Manager reported that Westgate. Hospi.tal .had 2. ambulances in operation 3 ambulances with mechanical trouble and 1 wrecked. Westgate has , requested use of the Denton~Fire Department~ambul~ance. He recommended approval. Motion was made by Stewart, seconded, by Hughes to approve signing an agreement with Westgate to use-City'ambulance and to authorize the Manager to sign same. Motion carried. Meeting adjourned at 1:35 p.m. MAYOR- City Council May 2, 1978 Regular meeting of the City Council of the City of Denton, Tuesday, May'2, 1978 at 7:00 p.m. in the Council'Chambers of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro TemGay, Members Nash, Hughes and Stewart; City Manager Chris H~rtung, Assistant City Manager Jack Owen, City Attorney Paul Isham and Gity Secretary Brooks Holt. 1. Motion was made by Gay, seconded, by Hughes that the minutes of the Aprii 15 Joint Meeting with the City Counci'l-, Planning and Zoning Commi~sion and the Denton Housing Authority; the Apri'l~18 Regula'r Meeting and the Special Called Meeting of"the City Council and the Airport Advisory Board of April 25 be approved. Motion carried. 2. PUBLIC HEARING: (A) A public hearing'was held to consider the recommendation from the Planning. Commission concerning Dent~n's Community Development Block Grant application for 1978 and 1979. .City Planner John Lavret%a reviewed the grant requirements and presented the Planning Commission's recommendation for a two year~ program. The Mayor opened the public hea~in'g. No. one spoke. Motion was made by Gay, seconded by Nash to authorize the filing of a two year Community Development Grant Application for the following projects and to authorize the Mayor to ~c~ as the'official City representative in connection with' the application: First Year--1978-1979 (1) Housing Program $150,000 (2) Improved drainage channel between Sycamore and Ruddell Streets 35,000 (3) Parkimprovementsnear Dreamland 65,000 (4) Robertson Street underpass 400,000 (5) McKinney sidewalk 12,000 (6) Comprehensive planning & research 20,000 (7) Contingency 48,000 (8) Grant administration 20,000 $750,000 Second Year--1979-1980 (1) Housing program $250,000 (2) Intersection of Paisley and Audra 80,000 (3) Utility improvements 277,350 (4) Comprehensive planning and research 20,000 (5) Paisley Street sidewalk 27,000 (6) Contingency 75,000 (7) Grant Administration 20,000 $7~9,350 Motion carried. 3. The Council considered amendments to the Cable Television Ordinance. Ed Morrison, Chairman of the CATV Advisory Board, summarized the activities of the Board, stating that it had'from'2 to 3 meetings each month, that field trips had been made to-Houston and Tulsa and that attendance at the Board meetings was excellent. Mr. Morrison presented the recommended major and other changes to the cable television ordinance. Three other members of the Boar~ a~so spoke. The section involving rates was discussed at length, primarily relative to manner of bidding for the C2TV franchise. d25 May 2, 1978 Continued The following Ordinance was presented: ORDINANCE NO. 78-21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 ENTITLED "CABLE TELEVISION"; PROVIDING A SEVERABILITY CLAUSE:'AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Gay to approve the ordinance with the changes as recommended. On roll call vote Hughes "aye"~, Nash ~Inay", Stewart "aye", Gay "aye" and Mitchell "aye", Motion carried 4 to 1. 4. The Council considered response to HUD proposal concerning rehabilitation of Dreamland. City Planner John Lavretta stated that a letter from HUD stating that the HUD regional office will recommend the rehabilitation of a major part of the apartment complex utilizing federal fu.nds.~'The Dallas HUD office has request- ed a response to this specific proposal and a draft'letter is included here for your review. A motion by the C. i ty Council endorsing the rehabilitation of Dreamland is desirable. The Staff will continue to work with the HUD office on an informal basis concerning the apartment complex and possible improvements in public services and facilities We will keep you advised .of any correspondence, if the Department of Housing and Urban Development approves the rehabilitation --- of the project. Motion was made'by Hughes,~seconded by Nash to advise HUD by letter that the City Council endorses HUD's rehabilitation of the Dreamland Apartments. Motion carried. 5. The Council considered the request of the Denton County Community Council for the City of Denton to provide funding for the information and referral service. Homer Reese of the Denton County Community Council stated that there was increasing demand in Denton County for community services and access to these services, and that it is felt that the time has come for Denton to offer its citizens a comprehensive information and referral service. Mr. Reese requested that the City of Denton contribute to the funding of the program. No official action was taken. 6. The Council considered the City of Denton's participation in the Comanche Peak Nuclear Project. Utilities Director Bob Nelson stated that the TMPA Board approved Comanche Peak as a project at their meeting of February 16, 1978. This action is the first step towards securing Comanche Peak as a source of power for Denton and the other cities in TMPA. The sequence of actions required are as follows: (A) TMPA Board declared as a project. (B) TMPA submits a written notice to each City describing project, costs and anticipated revenues. (C) City Council has 60 days to approve or disapprove project. (D) Cities that may disapprove of project have one of two options. (E) TMPA enters into contract with Texas Utilities Group. (F) TMPA issues bonds for project. The cost of power and energy from Comanche Peak is estimated to be in the range of 2.2C/KWH to 2.8C/KWH in the 1981-1983 period. This is equivalent to $1,83/MCF to $2.33/MCF cost of natural gas for fuel alone in Denton's plant. Nelson stated that after reviewing the details of the project on March 10 and April 25 the Public Utilities Board felt'thatadequate studies had been completed on the project and strongly recommended approval of Comanche Peak Unit as a project. Motion was made by Mitchell, seconded by Gay to approwe TMPA parti'cipation in Comanche Peak as a project..Motion carried 4 to 1. May 2, 1978 Continued 7. The Council considered the 'selection of an audit firm to conduct the Ci~'s annual audit. Motion was made by Nash, seconded ~ Stewart to employ Alexander Grant and Company 'to conduct the City's'annual audit. Motion carried. 8. The Council considered an~agenda for Study Session for May 9, 1978. 9. The Council considered'the Consent Agenda. Motion was made by Hughes, seconded by Nash that the foll~owing Consent Agenda be approved. Motion carried. (A) Bid #8568 Cement, Lime and Road Materials, awarded as follows: Item 1,2,3 &~4 to Gene Gohlke Building Products Item 5~-no bids received Item 6 to Round Rock Lime Items 7,8,8a,9,10 & ll are being rebid Items 12,13 & 14 to Wright Asphalt, FOB Denton Item 15--no bids received Item 16 to Wright~Asphalt Items 17 & 18 to Gifford Hill Item 19 to Vulcan Materials Item 20--no bids received Item 21'to Vulcan Materials Item 22 to Jagoe Public Item 23 to Yu~canMaterials Item 24 to Gifford Hill (B) Purchase Order #36303--450 pairs of latches Awarded to Ebeling Manufacturing Company at ~3,037.50. 10. The Council adjourned into Executive Session at 9:50 p.m. to discuss land acquisition, litigation regarding sewer claims and litigation regarding TMPA. II. The Council reconvened into Public'Session at 11:55 p.m. to announce that no action was to be taken. Meeting ~adjourned at 11:58 p.m. CITY SECRETARY City Council May 9, 1978 Special Called Joint Meeting of the City Council and the Public Utilities Board of the City of Denton, Texas, Tuesday, May 9, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, and Nash; ~T~nager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Members Shelton, Davis and Munson ABSENT: Council: Council Member Stewart Utilities Board: Member Ramey 1. The Mayor opened the meeting and then adj6urned into Executive Session to discuss TMPA Litigation and Personnel. 2. The Council reconvened into Public Session and Mayor Mitchell advised that no official action was to be taken. The Council concurred that First Southwest Company proceed with the TMPA funding proposal information gathering and for First Southwest to obtain information relative to the amount of bonds the market would bear currently. City Attorney Isham stated that bonds would be revenue bonds in the names of Garland, Bryan, Greenville and Denton and that each City must agree to the bond issue with an ordinance to authorize signing of the contract. However, the initial total amount of bonds has not been determined. 3. The Council Considered emergency medical service. (A) The Council was of the opinion that Denton taxpayers should not pay a disportionate share of the costs of County-wide ambulance service. (B) After receiving a report on the emergency ambulance situation, the Council agreed to meet with the County Commissioners on May 17 to discuss available alternatives to the problem. 4. The Council discussed a service center planning study. (A) The City Manager stated that the City could not correct its inventory control without proper facilities. He recommended that a management firm be hired to develop an overall warehouse site plan. This should be done before we expend funds for warehouse construction. The cost of the study should be approximately $15,000. Mayor--Do we have expertise to do this job in house? Manager--We do not have the Staff now to do this work. They are currently very busy. Mayor Pro Tem--It is a good idea to have a master plan, and if we can't build all of the structure, we could build a portion. Hughes--I concur that we must do something about our warehouse problem. 5. The matter of appointing an Ad Hoc Committee to study recommendations and to formulate a policy growing out of a meeting on April 15 with Marshall Kaplan, City Planner, was suggested by Council Member Hughes. The Council concurred to make appointments to the Committee as soon as possible. May 9, 1978 Continued 6. Assistant City Manager, King Cole, stated that a RED Board Resolution policy statement on industrial development had been prepared, and that the Board has requested that the Council offer~its comments before finalizing by the Board. Meeting adjourned at 9:45 p.m. MAYOR~ C~iTY SECRETARY City Council May 16, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, May 16, 1978, at 7:00 p.m. in ~he Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Ga~,~Membe~s Hughes, Nash and Stewart, City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Mitchell 1. Motion was made by Stewart, seconded by Hughes that the minutes of the Special Called Joint Meeting of the Council and the County Commissioners, May 2, 1978; the Regular Meeting of May 2 and the Special Called Joint Meeting of the Council and Utilities Board May 9, 1978 be approved. Motion carried, 2. The Council considered an ordinance amending the wrecking yard ordinance to add junk yards. City Attorney Isham stated that he had received ~suggestions to include not only the wrecking yards but junk yards in the ordinance. He added that Miller Davidge of the Chamber of Commerce Beautification Committee and the Community Development Department had reviewed the ordinance. --' Council Member Nash stated that it might be well to expand on junk yards to include junky yards, and suggested that action on the ordinance be tabled for further study. Motion was made by Nash, seconded by Hughes to table the ordinance. Motion carried. 3. The Council considered the request by the City of Argyle that Denton release its extraterritorial jurisdiction over a tract of land adjacent and southeast of Argyle, in order to permit Argyle to annex it. Dr. Larry Simmons, resident of the petitioned area., stated that the residents in thearea purchased water from Argyle, received mail there and many of their children were in Argyle Public Schools. John Lavretta, City Planner, advised the Council that the area could not be sewered and recommended that the area be released. Motion was made by Stewart, seconded by Hughes to release an area within Denton's extraterritorial jurisdiction to permit the City of Argyle to annex it. Motion carried. 4. The Council considered an Animal Control Agreement with Den.~oe County. Motion was made by Stewart, seconded by Hughes that the agreement be approved and the Manager be authorized to sign same. Motion carried, 5. The Council considered the recommendation of the RED Board to join the North Texas Commission and to authorize the City Manager to sign a contract. Motion was made by Nash, seconded by Hughes to approve the contract and to authorize the City Manager to sign same. Motion carried. 6. The Council considered authorizing the repair and repower of Fire Department vehicle #12. Motion was made by Nash, seconded by Stewart to authorize the repair and repower of Fire Department vehicle #12 by American LaFrance at an approximate amount of $17,600, and to authorize the Manager to sign the contract. Motion carried. 7. The Council considered the request of Mr. Joe Skiles seeking a quit claim of a 16 foot utility and drainage easement in Block 2 of the Southridge Addition. May 16, 1978 Continued John Lavretta, City Planner, stated that the Planning and Zoning Commission recommended'approval of a quit claim of a 16 foot utility and drainage easement in Block 2 of the Southridge Addition. Motion was made by Stewart, seconded by Nash to approve the quit claim of a 16 foot utility and drainage easement in Block 2 of the Southridge Addition. Motion carried. 8. Motion was made by Hughes, seconded' by Stewart that the following Consent Age~'a be approved. Motion carried. (A) The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1329, the petition of Mr. George Goen, requesting a change in zoning from Single Family (SF-IO) and (SF-16) to Single Family (SF-7) classifi- cation on 16 acres located south of Willowwood Street. This includes Blocks C, D, and E of the Willowwood West Addition. (2) The petition of Mr. Claude Hill, requesting a change in zoning from Multi-Family (MF-1) to General Retail (GR) classification on property located at 2531 Prairie Street. (3) Z-1332, the petition of Mr. George Schneider, requesting a change in zoning from Agricultural~(A) to Commercial (C) classification on a 1.1 acre tract located on the south side of U. S. Highway 380 East at 2820 University Drive. (B) Bid #8568C Road Materials awarded as follows Item 7 Mason Sand--no bids received Item 8 Pit Sand (Concrete)--to Texas Industries Item 9 Concrete Aggregate l" down-- (A) Washed & screened--to Texas Industries (B) Screened only--to Chico Crushed Stone Item 10 Concrete Aggregate 3/8" down-- (A) Washed & screened--to Texas Industries (B) Screened only--to Chico Crushed Stone Item ll Class 1 Flexbase--to Chico Crushed Stone 9. The Council adjourned into Executive Session at 7:26 p.m. to discuss TMPA litigation and Personnel. 10. The Council reconvened into Public Session at 8:25 p.m. Motion was made by Stewart, seconded by Hughes that the following persons be named to'theHousing Study Committee: Bill Nash, City Council; Terrell King, Jr., Planning and Zoning Commission'; Miller Davidge, Housing Authority; Gerald Williamson, Research and Economic Development Board; Di.ck Fulton, Board of Realtors; Charlotte Whaley, Homebuil'ders Association; Jerry Gage,, lending institution.s.; Bob Ni'chol~s, develop- ment industry and Bill Davis~ Utilities Board. Meeting adjourned at 8:30 p.m. City Council May 17, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Wednesday, May 17, 1978 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash and Hughes; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart I. The purpose of the meeting was to give insurance, real estate, construction persons and others an opportunity to know. what National Flood Insurance program is all about and to discuss if there are alternatives. 2. The City Manager introduced Ms. Vi.rginia Stricker of the Dallas office of the Flood Insurance Program, (FIA), who stated that citizens must have flood insurance from FIA before loans can be obtained. The cost will be 25¢ per $100 for insurance up to $150,000, that the City must pass regulations and that the City has approved a required ordinance so that insurance in flood areas can be made available. She added that Denton can be eligible for Federal flood insurance only if the City is participating in the program. Ms. Stricker pointed out that no grants to the City for the building or enlarging of anything in the flood area can be given unless the City is participating in the program. Rick Svehla stated that the Board of Adjustment is available but the owner must meet requirements of the ordinance to obtain variance. Ms. Stricker stated that the map that Denton has currently, denoting the flood areas is to be revised within 30 days. Svehla stated that there are 22 businesses and 122 houses in the flood way and 1,173 houses and 193 businesses in the flood plain. Ms. Stricker stated that whether or not you can build or re-build in the floodway or the flood plain is the question. "If you can't get insurance you can't get a loan~ Meeting adjourned at 6:20 p.m. City Council May 17, 1978 Special Called Joint Meeting of the City Council of the City of Denton, Texas, and the Denton County Commissioners' Court, Wednesday, May 17, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes and Nash; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart 1. The meeting was opened by Mayor Mitchell. 2. The City Manager asked aoh~ Ma×wel]~ who ~ea~ed a six member task f'o~ce to p~re~ent a ~eport relative to~.'the pos~ib.il~Mes and the-alterna- tives of ambulance service after June 1. He gave facts of the situation and stated as follows: (A) Westgate continue service, but have indicated they won't (B) The Fire Department take over service for the City of Denton and a small area outside the City. (C) There is a problem with funding for all concerned. (D) The Fire Department has EMTs, but others in the department can be certified. (E) If the service is based at Flow, new personnel must be hired. Westgate presented a proposal to the Council and County Commissioners as follows: (A) Set up a nonprofit organization with a board of directors composed of City and County leaders, administrators and chiefs of staff from both' hospitals. Appoint as executive director Medenco's appointed Westgate Administrator. (B) Have appointed board se% up a fund drive committee to assure community financial support for the continued operation of the ambulance service for a minimum period of one year. (C) Continue to base ambulance service at its present location to assure the continuance of a high-quality service. If the preceding items are adopte~d, Medenco will donate the follow- ing to this community effort: (1) Five '(5) ambulances (book value) .................. $60,000 (2) Monthly support to nonprofit in goods and services at $3,333.33 per month not to exceed $40,000 .................................... $40,000 (3) Lease-free base station at hospital ............ No Charge (4) Training program ............................... No Charge (5) Executive Director ............................. No Charge Offer must be finalized on or before June 1, 1978. Should the ambulance service in this format cease operation within 24 months, the ambulances will be returned to Medenco at Westgate Hospital & Medical Center in good working condition. Ira Harrison o% Wes.tgate pointed out the high costs and deficits experienced yearly. Tom Watson, Flow Administrator, stated that Flow will do whatever they can, and that now is the time.to work out a' permanent solution. Judge Trammell stated there are 3 alternatives to consider: (A) Base at Fire Department (B) 50% of cost be paid by the County would be fair if all cities in the County pay their equitable share of costs. May 17, 1978 Continued Members of the Council and' Commiesionerst' Court agreed that there was no way to decide on Westgate~s proposal without funds. Judge Trammell suggested that the City and County meet to explore the matter further. -' Mayor Mitchell stated that the meeting would be set for Friday, May 19, 1978 at 4 p.m. Meeting adjourned at 8:30 p.m. C i~TY SECRETARY City Council May 17, 1978 Special Called Joint Meeting of 'the City Council and the Public Utilities Board of the City of Denton, Texas, Wednesday, May 17, 1978 at 8:00 p.m. in the Council Chambers of'the Municipa~ Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, ~Members Nash and Hughes; City Manager Chris Hartung, AssistantCity Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart Also present were members of the Utilities Board 1. The Council went into Executive Session to discuss TMPA Litigation and Financing Alternatives. No action was taken when the Council reconvened into Public Session. City Council May 19, 1978 Emergency Called Joint Meeting of the City Council and the Denton County Comm- issioners' Court, Friday, May 19, 1978 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: CitS Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Stewart and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham. CountS Commissioners' Court: Judge Trammell and Commissioners Sparks, Switzer, Elber.t and'Salmon. ABSENT: CitS Council: City Secretary Brooks Holt 1. Assistant City Manager King Cole briefed the Council and Commissioners' Court on the status of the ambulance service. Cole stated that the Emergency Medical Services Task Force, comprised of John Maxwell, Jack Gentry, Chester Sparks, Bill Switzer, Tim Jackson and Leonard Watson, had reached a unanimous recommendation on the ambulance service program for Denton County. John Maxwell gave the Commissioners and Council the recommendation of the Task Force--that the ambulance service be placed in the Fire Department for the City of Denton and that a plan be drawn up between the County Commissioners' Court and County Cities to insure coverage of all parts of the County. It was discussed as to whether or not the Fire Department could maintain the quality of service we have received from Westgate. Susan Conn, Supervisor of Emergency Medical Services at Westgate, was called upon by the Council. She stated that Westgate Emergency Medical Services supports the ambulance service in the Fire Department, but did not feel that the Fire Department would be ready for advanced life support by June 1. Ms. Conn went on to give a long explanation of the difference between advanced and basic life support systems. Mayor Mitchell called on all representatives of small cities to stand and identify themselves and the cities they represent. Almost every small city in Denton County had a representative in attendance. The matter of how ambulance s'ervice would work in Denton County was discussed and it was determined that the plan presented by the Task Force was an agreeable plan to both the County and the City, but that the County and the City would have to continue to work on the details of coverage and financing of ambulance service. Motion was made by Nash, seconded by Stewart that the City of Denton contract with Medenco, Inc. or Medenco's ambulance employees to work with the City of Denton Fire Department ina training capacity until the Fire Department was capable of operating an advanced~l~i~fe support system. Motion carried. Motion was made by Stewart, seconded by Nash that the City of Denton purchase two new ambulances with full advance life support equipment. Motion carried. The Commissioners' Court carried a motion made by Chester Sparks to purchase the five ambulances currently owned by Westgate for $25,000. The meeting adjourned at 7:20 p.m. MAYOR I~C IT~' SECRETARY City Council May 22, 1978 Special Called Joint Meeting.of the City Council and the Denton County Commiss- ioners, Monday, May 22, 1978, at 12:00 noon in the Civil Defense Room of the Municipal Building. PRESENT: Cit~ Council: Mayo~ Mitchell, Mayor Pro Tem Gay, Members Hughes and N~sh; city Manager ~hris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. C.ountS Commissioners: Judge Trammell and Commissioners Elbert, Sparks, Switzer and Salmon. ABSENT: Cits Council: Council Member Stewart 1. Judge Trammell opened the meeting and suggested that when the City builds the proposed new Animal Shelter to include the County in the plans, with the County to pay its fair share. 2. Assistant City Manager'King Cole stated'th.at a policy decision should be made that"both the City and County can agree to~ He gave the alternatives that he and'Commissioner Sparks had identi'fied'as follows: (A) The City of Denton continues to own and operate the animal shelter and executes contracts with'the.interested small cities as a pro rata cost for handling ~and disposal of animals. This concept could also include a contract with the County to handle animals from those portions of the County not included within the corporate limits of a city. (B) The City of Denton operates the animal shelter and County cities participate in the construction of the new animal shelter. Cities would then pay a pro rata share of annual operating expenses of the shelter facility. The City of Denton would continue to operate its own collection department which - would be accounted for separately from the shelter operation. (C) Denton County and the City of Denton jointly own and operate the shelter facility. Cities, including City of Denton, would maintain their own collection departments and rely on jointly-owned facility for handling and disposition of animals after collection. (D) Animal' shelter and collection operations are placed under the City/County Health'Department. Any number of ~inancing arrangements can be worked out under this plan, depending on' the degree of service a particular city desires. (E) The City of Denton continues to operate as it currently does by refusing to' accept animals from outside the City limits. (F) The County constructs County-wide animal shelter and contracts with various cities, including Denton, for handling and disposal of animals. (G) City and County contract with Humane Society or Society for Prevention to Cruelty to Animals for animal shelter operations. (H) The County hires employees to collect animals from small cities and contracts with the City of Denton for handling and disposal. Commissioner Switzer stated that Lewisville has a shelter but was not interested in participation. Commissioner Sparks recommended that if the City animal shelter is expanded that the County pay'for the increase in size, that smaller cities or an individual resident of the County pay for the animals brought in. Mayor Pro Tem Gay stated that if the City enlarges the shelter it will cause increased operational expense. May 22, 1978 Continued Counciq Member Hughes asked if the County would be willing to under write the program if extra help is needed at the shelter. The Commissioners concurred. Cole asked if the City-County Health Unit should be involved. Council Member Nash stated that he did not feel that the dog problem should be under the health unit. Cole stated that a survey of small cities is needed to determine the kind of impact would be made on the proposedshet%er, then costs can be considered for definite action a~d a decision by.Pthe,~C~uncil. Meeting adjourned at 1:10 p.m. City Council May 22, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, May 22, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash and Hughes; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart 1. PUBLIC HEARING: Prior to the opening of the public hearing citizens present indicated their desire to speak by signing a slip. 2. The Mayor briefed the audience, stating' that the public hearing concern- ed Denton's relationship to TMPA. 3. Bob Nelson, Director of Utilities, reviewed the history of TMPA and explainedits purpose. He also reviewed plans relative to Comanche Peak Nuclear Plant. In the course of his presentation he reviewed the recommendations of Gilbert and Associates. 4. Paul Isham stated that law suits were affecting TMPA. He reviewed the continued appeals of Grimes County Taxpayers Association, explaining that TMPA cannot issue bonds because~of the'unsettledqaw suit, adding that the four participating cities searched for alternatives to continue TMPA's construction of the Gibbons Creek Lignite Plant. 5. The City Manager stated that the City of Denton now has the right to se}l special, facilities bonds after ~the State Legislature had made it possible. 6. There follows the questions asked by citizens and answered by the Council and Staff members: (A) Have other cities anted up their portion of the costs? (B) Can the Grimes County Taxpayers Association case be settled out of court? (C) Is there a total amount of cost projected for the total plant completion? (D) How much has Denton contracted to TMPA thus far? (E) Why has not the membership of TMPA been revealed to the people? (F) Does Denton have an Electric Energy Conservation Department? (G) Will TMPA issue bonds to repay the four cities involved? (H) On future projects should not a citizen vote be considered? (I) How much cost per household per year or month to repay bonds? (J) Did the'City of Denton explore other alternatives before going to TMPA? (K) What is the amount of money Denton will owe when the plant goes on the line? (L) Will TMPA require a second plant? (M) Why are we underwri~ting other cities? (N) Does the City have a financial advisor who has said that there are buyers for the bonds? (0) What about solar energy? (P) Why do we have meetings and call each other names? Is the real problem communications? (Q) If we can use our own generating plant, why TMPA? (R) If we back up the TMPA program, and then find that more funds are needed, will we have difficulty in issuing more bonds? (S) What about price escalation? (T) If the other cities pull out what percentage of cost will Denton pay? Meeting adjourned at 10:20 p.m. ~ ~--~,~....;t__ ~ ~"'~ w,~.d.~ ~..~? ~.C . :' ::3: ": ~ City Council May 23, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, May 23, 1978 at 5:00 p.m. in the Council Chambers of the Muni'cipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Stewart, Hughes and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Also present was FrankMedanich of The'.Fir~t Southwest Company 1. The Council.considered an ordinance amending electric rates to' reduce fuel cost adjustment by 12 1/2%. The following ordinance was presented: ORDINANCE #78-22 AN ORDINANCE AMENDING THE-CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS 'PROVID- ING A NEW FUEL ADJUSTMENT CLAUSE FOR ELECTRIC UTILITY SERVICE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hughes that the ordinance be passed effective May '23, 1978. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 2. Assistant City Manager King Cole utilized a slide presentation while briefing the Council on the zero based budgeting process. 3. The Council considered adoption of a Resolution authorizing publication of notice of intention to issue Certificates of Obligation of the City of Denton, Texas, in the maximum'principal amount of $500,000, in connection with improve- ments to the City's electric light and power system. Bob Nelson, Director of Utilities briefed the Council with the follow- ing information: As a continuing program of Capital Improvements to the Electric System it is necessary to issue $500,000 of securities. These securities will be Certifi-cates of Obligation. The application of these funds are as follows: (1) Addition of one power transformer (12/16/20 MVA) and three circuit 13.2 KV metalclad switchgear at the Locust Street Substation $270,000 (2) Improvements to the'69KV loop transmission line encircling Denton $100,000 (3) Addition of water treatment equipment to serve the needs of the five steam boilers at the Spencer Power Plant $130,000 TOTAL $500,000 Frank Medanich of First Southwest Company read the Resolution and explained thee process. The following Resolution was presented: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES'OF OBLIGA- TION OF THE CITY'OF DENTON, TEXAS THE STATE OF'TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. 440 May 23, 1978 Continued THEREFORE, be it resolved by the City Council of the City of Denton: SECTION I. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS", the form and substance of which are hereby adopted and approved. SECTION 2. That the City Secretary shall cause said NOTICE, in substan- tially the form attached hereto,-to be published once a week for two consecutive'weeks i'n a newspaper, of general circulation in the City, the date of the first publication to be at least fourteen (14) days prior to the date tentativel~ set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. Motion was made by Hughes, seconded by Gay that the ordinance be passed. On roll call vote Nash "nay", Stewart.;"aye", Hughes "aye", Gay "aye" and Mitchell "aye". Mot. ion carried 4 to 1. 4. The Council considered acquisition of two ambulances with auxiliary equipment. Fire Chief Jack Gentry advised as follows: "It is our recommendation that the City purchase two modular type ambulances from the Prestige Vehicle Company, Inc., located at 3500 Pioneer Parkwest, Arlington~ Texasu These vehicles are available for immediate delivery. They are on a Ford F-350 10,000 GVW Chassis with the modular type box meeting the Federal Specifications KKK-A-1822-1 and also the State of Texas specifications. They are fully equipped and are able to carry the advanced life support system. The vehicles can be purchased on a lease-purchase type agreement - at a total cost of $21,638 each. We have talked to the City Depository Bank and they wil,1 finance the cost at a much lesser rate than the company. The additional cost of the Life Pak - 5 Unit like. Westgate now has is $5,950 each and approximately 30 days delivery." Motion was made by Nash, seconded by Hughes to purchase the two ambulances as described in Chief Gentry's memo. Motion carried. 5. The Council considered going out for bids on advanced life support system. Motion was made by Hughes, seconded by Stewant to authorize advertising for bids for two advanced life support systems. Motion carried. 6. The Council considered bid on radios. Motion was made by Stewart, seconded by Nash to accept COG bid to purchase radios fo~ ambulanc~ ope~ion.' M~tion c~r~ied. 7. The Council considered change order number one for the East Side Fire Station. Motion was made by Stewart, seconded by Hughes to approve change order number one for the East Side Fire Station in the increased amount of $1,575 for nine inner-spring mattresses, labor and material. Motion carried. 8. The Council considered authorizing the City Manager to contract with Westgate personnel for assistance in ambulance transition. Assistant City Manager Cole stated that we are looking toward contract- ing with Westgate personnel for one year for informal training of Denton Firemen. Motion was made by Stewart, seconded by Gay. to authorize the City Manager to contract with Wes.tga~e eme~gency personnel for a period of one year for assistance in ambulance tr'ansiti.on. Motion carried. May 23, 1978 Continued 9. The Council considered defining budget policy priorities as required by Article VIII, Section 8.03, of the Denton City Charter. The City Manager requested priorities from Council Members. Mitchell--Police and fire training facilities. Stewart--Improve stree~s--poss.ible truck routes. Hughes--Offer competitive salaries and continuing education. Mitchell--Repair old City Hall. Hughes--More long range planning. Mitchell--Must spend money to get water. Gay--We need street from Loop 288 and 1-35E to extend to Hobson Lane when the big Mall is completed. Hughes--We need one more place for City meetings. Meeting adjourned at 8:10 p.m. MAYOR City Council and Commissioners' Court May 30, 1978 Special Called Joint Meeting of the City Council and the Commissioners' Court, Tuesday, May 30, 1978 at noon in the Civil Defense-Room of the Municipal Building. PRESENT: Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes and Nash; Cit~nager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Commissioners' Court: Judge Trammell, Commissioners Switzer, Sparks, ' Etbert and Salmon. ABSENT: Council: Council Member Stewart 1. The matter of a contract with County of Denton for ambulance service was considered. Assistant City Manager Cole stated that the contract must be approved prior to June l, 1978 to give the City the authority to operate ambulance service outside the city limits. City Attorney Isham stated that in order to protect the City the contract must be passed before June l, 1978 so-that the City and County'can Be dovered by the same insurance policy. John Maxwell, Chairman of the Task 'Force Committee, stated'that Beck Funeral Home requested to cover Lincoln Park and Cros~ Roads area, and that Lewisville will serve .the areas south of Lewisville Lake. Motion was made 'by Commissioner Sparks, seconded by Commissioner Salmon to approve the contract. Motion carried. Motion was made by Hughes, seconded, by Gay to approve the contract. Motion carried. There was a discussion relative to costs for ambulance services. _ Isham stated that a fee schedule must be adopted. Fire Chief Gentry stated that he would like to come back to the Council and Commissioners for approval of policies and procedures that have been prepared. Judge Trammell stated that the Commissioners will meet Thursday, June 1, 1978 on the 6th floor of the'new County building. 2. Motion was made by Gay, seconded by Mitchell to change the June 6 meeting to June 13. Moti.on carried. 3. Motion was made by Nash, seconded by Hughes that the following 3 petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1330, the petition of Mr. J. Newton Rayzor, seeking a change in zoning from'Agricultural (A) to General Retaii (GR) classification on twelve (12) acres located at the southwest corner of University and Bonnie Brae Drive. (B) Z-1333, the petition of Mr. Tom Jester, seeking a change in zoning from Office (0) to General Retail (GR) classification on six lots located generally on the west~ side of Elm Street between~First and Second Streets. This property totals 1.19 acres. (C) Z-1334, the petition of Mr. Frank Martino, seeking a change in zoning from Planned De~eiopment (PD) to Light Industrial (LI) classification on approxima.t-ely 117 acres located south' of McKinney Street and east of Loop 288. Motion carried. Meeting adjourned at 1:35 p.m. ~ITY SECRETARY CITY COUNCIL JUNE 9, 1978 Emergency Called Meeting of the City Council of the City of Denton, Texas, Friday, June 9, 1978 at 1:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Mayor opened the meeting and adjourned the Council into Executive Session to consider Board appointments. 2. The Council reconvened into Public Session at 2:00 p.m. Motion was made by Stewart, seconded by Gay that Council Members Hughes and Nash be named Directors to the Board of Directors of the Texas Municipal Power Agency, and that the following Resolution be passed: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH DAY OF JUNE, A.D. 1978 R E S 0 L U T I O N WHEREAS, it is necessary for the City of Denton to appoint directors to places 3 and 4 on the Texas Municipal Power Agency; and WHEREAS, said 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 reappoints Elinor Hughes to Place 3 to fill a two-year term as a Director to the Board of Directors of the Texas Municipal Power Agency, and hereby appoints William S. Nash to Place 4 to fill an unexpired term as a Director 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 9th day of June, A. D. 1978. /s/ MAYOR, JOE MITCHELL 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 On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. Meeting adjourned at 2:15 p.m. CITY SECRETARY City Council June 13, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, June 13, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash and Hughes, City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart Mayor Pro Tem Gay had to leave the meeting at 8:15 p.m. to catch a plane. 1. Motion was made by Gay, seconded by Nash that the minutes of the Regular Meeting of May 16; the Special Called Meeting of May 17; the Special Called Joing Meeting with the Denton County Commissioners' Court of May 17; the Special Called Joint Meeting with the Public Utilities Board of May 17; the Emergency Called Joint Meeting with the Denton County Commissioners' Court of May 19; the Special Called Joint Meeting with the Denton County Commissioners' Court of May 22; the Special Called Meeting of May 22; the Special Called Meeting of May 23; the Special Called Joint Meeting with the Denton County Commissioners' Court of May 30 be approved. Motion carried. 2. The Council considered the Water and Sewer Management study prepared by Touche Ross, Inc. Following a briefing by the City Manager, members of the Touche Ross finn reviewed the study. Vince Cali, Project Manager, reviewed organization and operations, and Jeff Jones reviewed Finance. Following the briefing, the City Manager stated that this Management Study provides an effective tool for the City. He requested that the Staff of Touche Ross give an in depth report to the Council in July. (Management Study in Packet #4806.) -- 3. The Council considered the rate study of the Water and Sewer Department conducted by Touche Ross, Inc. Jack Stowe of Touche Ross stated that he was also speaking as a citizen of Denton. He stated that the City needs to expand the Water and Sewer Systems to provide adequately for expected growth. He reviewed the estimated revenue require- ments and discussed Capital Improvements Program. He added that the proposed rate increase should be implemented immediately, preferably by July 1. Hartung--Our primary job at this time is to put the Water and Sewer Departments back on their feet. Nash asked if the $2,000,000 reserve funds could be used for water and sewer improvements. Utilities Director Nelson answered that this reserve is for the Electric system rate payers. Amount of capital expenditures was discussed along with holding down operational expenses. (Rate Study in packet #4806.) 4. The Council considered an Ordinance amending the Water and Sewer Rate Ordinance. _ Council Member Hughes suggested that action be deferred because only three Council Members were present. Hartung--I hope that all Council Members will be present at a meeting prior to July 1 to implement the proposed rate increase. Motion was made by Nash, seconded by Hughes to table action on the Ordinance since only three Council Members were present. Motion carried. 445 June 13, 1978 Continued 5. The Council considered the request of the Denton Kiwanis Club for approval of the annual Fourth of July Fireworks Show. Motion was made by Hughes, seconded by Nash to approve the request. Motion carried. 6. The Council considered the CATV Standard Application Form and Request For Proposal and to authorize the Staff to advertise for bid proposals. Dr. Ed Glick, member of the CATV Committee, briefed the Council on the Application Form. Assistant City Manager King Cole stated that a period of 90 days should be given for bidders to submit bids. Ernie Larson of Larson Electronics of Denton stated that more than 90 days should be given, adding that the company has to be a good one to work properly. Motion was made by Nash, seconded by Hughes to authorize the Staff to advertise for CATV proposals. Motion carried. 7. The Council considered setting a date to hold a public hearing for the proposed annexation of a 6.46 acre tract owned by Robert W. Jones located on the west side of 1-35W. The City Manager requested that action not be taken on the proposed annexation at this time. The Council concurred. 8. The Council considered a proposal by the Highways and Airport Cormnittee of the Chamber of Commerce to accelerate purchase of right-of-way for North Loop 288. Jim Bozo, representing the Highways and Airport Committee of the Chamber of Commerce, stated that if right-of-way is no% purchased now, the cost is sure to accelerate. Motion was made by Nash, seconded by Hughes to direct the City Attorney to prepare an appropriate Resolution. Motion carried. 9. The Ordinance authorizing issuance of Certificates of Obligation to the City of Denton, Texas, in the maximum principal amount of $500,000 in connection with improvements to the Cities Electric Light and Power System was removed from the agenda, as requested by the City Manager, and concurred to by the Council. 10. The Council considered a Resolution to First State Bank regarding financing of ambulances. 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 13TH DAY OF JUNE, A.D. 1978. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The necessity of securing ambulances to provide a City-County ambulance service has resulted in the City obtaining such ambulances at a time when sufficient monies were not available in the 1977-78 fiscal year to pay for the same; THEREFORE, The Mayor of the City of Denton is hereby authorized to execute a note in the amount of $43,276.00 bearing interest at 5 ~ per cent per annum, payable in thirty-six (36) monthly installments to the First State Bank of Denton, Texas, the first installment of $1,306.75 being due on the 10th day of July, 1978, and each subsequent installment being due on the 10th day of each month thereafter; and such funds shall be deposited in the General Fund of the City of Denton to pay the purchase price of two ambulances. PASSED AND APPROVED this the 13th day of June, A. D. 1978. June 13, 1978 Continued /s/ JOE MITCHELL, 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 Nash, seconded by Hughes that the Resolution be passed. On roll call vote Hughes "aye", Nash "aye" and Mitchell "aye". Motion carried. 11. The Council considered setting a date to hold a public hearing for the proposed annexation of property located adjacent to Mayhilt Road and north of 1-35 near the MKT Railroad tracks which consists of approximately 80 acres. Following a briefing by John Lavretta of Community Development and Tom Fouts of the Chamber of Commerce, Motion was made by Hughes, seconded by Nash to hold a public hearing on the requested annexation on Tuesday, June 27, 1978. Motion carried. 12. The Council considered authorizing the City Manager to expedite zoning of a 16.92 acre tract located on the west side of 1-35W. The Manager suggested that either a joint meeting with the Planning and Zoning Commission or a Council Meeting be set. Motion was made by Hughes, seconded by Nash that a joint meeting with the Planning and Zoning Commission be held on July 5, 1978. Motion carried. 13. The Council considered Change Order #1 to North-South runway extension at Denton Municipal Airport. I. C. Finklea of Shimek, Jacobs & Finklea stated that there will be $24,812.50 additional cost, but that FAA has verbally agreed to participate at the standard 90% rate, which means that the City's share will be approximately $2,500. Motion was made by Nash, seconded by Hughes to approve Change Order #1 to the north-south runway extension to the Denton Municipal Airport in the increased amount of approximately $25,000, with the City to pay approximately $2,500 of the cost. Motion carried. 14. The Council considered adoption of a Resolution by the Research and Economic Development Board that a strong, positive effort be made to attract clean, light industry to the City of Denton. The following Resolution was presented: AT A REGULAR MEETING OF THE RESEARCH AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF JUNE, A.D. 1978. RESOLUTION WHEREAS, the City of Denton, Texas has a Research and Economic Development Board that acts as a policy making, marketing, advertising, and promotional body for the City and a strong, active Chamber of Commerce that acts as an on-site slaes group for prospective industries; and WHEREAS, the City of Denton, Texas offers the advantages of a small city life style within a metropolitan area; and 447 June 13, 1978 Continued WHEREAS the City of Denton. Texas offers a cost of living far below the national average; and WHEREAS the City of Denton~ Texas and the State of Texas offer an extremely favorable tax climate for industry; and WHEREAS, the City of Denton~ Texas is located in close proximity to the Dallas-Fort Worth Regional Airport; and WHEREAS the City of Denton. Texas owns a modern municipal airport capable of accomsdating business jets; and WHEREAS the City of Denton. Texas is located in one of the fastest growing areas in the Jnited States; and WHEREAS the City of Denton. Texas is located on major road and rail arteries; and WHEREAS, the City of Denton, Texas offers good schools, churches, shops, medical facilities and ample housing at reasonable costs; and WHEREAS, the City of Denton, Texas offers a mild climate with varied recreational activities; and WHEREAS, the City of Denton, Texas desires to provide jobs in Denton for that third of its working population that finds it necessary to commute to other cities for their jobs; and WHEREAS, the City of Denton, Texas desires to balance its tax base and complement its two fine universities by attracting its share of those clean light industries choosing to relocate in the "sunbelt". NOW, THEREFORE, BE IT RESOLVED BY THE RESEARCH AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF DENTON, TEXAS: That a strong, positive effort be made to attract clean light industry to the City of Denton, Texas; and That the City of Denton, Texas reconfirms its strong support and appreciation for its existing industry; and That the City of Denton, Texas offers, as an incentive to potential new industry, the support and appreciation of our citizenry for those good qualities that new industry brings to a community. PASSED AND APPROVE THIS the 13th day of June, A.D. 1978. /s/ JOE MITCHELL, 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 Nash that the Resolution be passed. On roll call vote Nash "aye", Hughes "aye" and Mitchell "aye". Motion carried. 448 June 13, 1978 Continued 15. The Council considered adoption of a Resolution changing the signatory agent for the grant for the Waste Water Systems improvements. 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 13TH DAY OF JUNE, 1978. RESOLUTION AUTHORIZING APPLICATION FOR F~DERAL GRANT FOR SEWERAGE 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, THEREFORE, BE IT RESOLVED by the City of Denton that Robert E. Nelson, Director of Utilities, 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 13th day of June, A.D. 1978. /s/ JOE MITCHELL, 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 Nash that the Resolution be passed. On roll call vote Nash "aye", Hughes "aye" and Mitchell "aye". Motion carried. 16. Doyle Walling who was to appear concerning junk vehicles was not present. The City Attorney explained the problem, and advised that the Municipal Court Judge had made his ruling in this matter. 17. The Council considered bid #8574 regarding sidewalk construction. Rick Svehla of Co~nunity Development stated that 2 bids had been received, both considerably over the Engineering Department's estimate of $180,000. He recommended that all bids be rejected and bids made again. The City Manager recommended to not award bids, leaving the time of completion open. Motion was made by Mitchell, seconded by Hughes to reject the 2 bids received. Motion carried. 18. The Council considered three separate property appraisals for Community Development Block Grant funded drainage improvements, establish just compensation for purchase of easement rights and consider authorizing City Manager to negotiate a property settlement. The Council established just compensation for easement rights to property affected by the Community Development Block Grant funded drainage improvements, in accordance with the appraiser's suggestions, as follows: C. P. Reed property $1,700 Burnett Fleming property $1,900 A. M. McDade property $ 525 June 13, 1978 Continued Motion was made by Hughes, seconded by Nash to accept three separate property appraisals for Community Development Block Grant funded drainage improve- ments, establish just compensation for purchase of easement rights and authorize the City Manager to negotiate a property settlement. Motion carried. 19. The Council considered the Consent Agenda. Motion was made by Hughes, seconded by Nash to approve the Consent Agenda, but to remove item "B". Motion carried. Motion was made by Mitchell, seconded by Hughes to table consideration of item "B" until the next meeting. Motion carried. (A) REFERRALS: The following two petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1335, the petition of Mr. Walter Crawford, requesting a change in zoning from Multi-Family (MF-2) to General Retail (GR) classification at 1507 Eagle Drive. (2) S-144, the petition of Mr. Walter Crawford, requesting a specific use permit to operate a restaurant with drive-in service at 1507 Eagle Drive. (B) Purchase Order #36708 fo~ payment of rental of Denton School Gyms from October 28, 1977 to March'6, 1978 was tabled until the next meeting. (C) Final payment approved to Black and Veatch for engineering services rendered during construction of one 55,000 BBL Fuel Oil Tank at Spencer Plant. (D) BIDS: (1) #8569 Chemicals for Water Treatment awarded as follows: Item 1 Sodium Hydroxide to Texas Solvent & Chemical at 16.5¢ per lb. Item 2 Liquid Chlorine-1 tone cyl. to Thompson-Hayward at $193.80 per ton Item 3 Liquid Chlorine-150# cyl. to Thompson-Hayward at $27.00 each Item 4 Sodium Hexametaphosphate to Stimes Oil & Chemical Co. at $31.85 per c/wt. Item 5 Soda ash Bricketts to Accron Chemical Distributors at $8.50 c/wt. Item 6 Aluminum Sulphate to Stauffer Chemical at $164.60 ton Item 7 Quick Lime to Texas Lime at $48.60 ton deliver Item 8 Sodium Silicafluoride to Thompson-Hayward at $17.80 c/wt. Item 9 Sulfuric Acid to Stauffer Chemical at $44.79 ton Item 10 35% Hydrazine to Thompson-Hayward at 97¢ lb. Item 11 Boiler treatment to Culligan Water Conditioning at $7.15 gal. Item 12 Hydrogen Proxide to Accron Chemical at $22.90 cfwt. (2) #8570 Gasoline, Oil and Diesel awarded as follows: Items 1 & 2, Gasoline, to Reeder Distributing, Inc. Item 3, Diesel, to Reeder Distributing, Inc. Items 4 & 6, Motor Oil & Transmission Fluid, to Caruther Oil Co. Item 5, Hydraulic Oil, to George-Gulf (3) #8572 Capacitators awarded to the low bidder, Graybar Electric in the amount of $306.64 each, for a total of $11,039.04 FOB Denton, Texas, with delivery in approximately 8 weeks. (4) #8573 Selective Vegetation Control for Drainage Ditches awarded to Jim Neal Company at $55.00 per acre for a total of $4,950.00. 20. The Council adjourned into Executive Session at 10:07 p.m. to discuss acquisition of utility easement, acquisition of land for sewage treatment expansion and board appointments. June 13, 1978 Continued 21. The Council reconvened into Public Session at 10:22 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:24 p.m. ' f'~ ~'~ ~-' 4'--- CITY SECRETLY City Council June 20, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, June 20, 1978 at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: Mayor Mitchell and City Secretary Brooks Holt. 1. Motion was made by Hughes, seconded by Stewart that the minutes of the Emergency Called Meeting of June 9, 1978 and the Regular Meeting of June 13, 1978 be approved. Motion carried. 2. public Hearings: (A) Mayor Pro Tem Gay announced to the audience that Z-1329, the petition of Mr. George Goen, Jr. had been withdrawn. (B) A public hearing was held on Z-1332, the petition of Mr. George Schneider seeking a change in zoning from Agricultural (A) to Commercial (C) classification on 1.1 acres located on the south side of Highway 380 at 2820 East University Drive. After hearing George Schneider speak in favor and a report from John Lavretta that the Planning and Zoning Commission recommended approval, Motion --, was made by Nash, seconded by Hughes that the petition be approved. Motion carried. (C) A public hearing was held on Z-1328, the petition of Mr. Tim Green seeking a change in zoning from Agricultural (A) and Light Industrial (LI) to Multi-Family (MF-1) classification on a 10 acre tract located on the west side of Teasley Lane beginning 100 feet north of Londonderry Lane. Tim Green spoke in favor. Mr. Allen Wilson, representing adjacent property owners, Newport Investments, spoke in opposition, stating that additional apartments would present traffic problems. He further stated that occupancy rates were already low and more apartments would just make those occupancy rates lower. Mrs. Ruby Griffin, Manager of Londonderry Apartments, opposed the petition on the same grounds as Mr. Wilson. After a report from John Lavretta that 6 letters were received in favor and 4 in opposition and that the Planning and Zoning Commission recommended approval, motion was made by Nash, seconded by Stewart that the petition be tabled until all Council Members were present. Motion carried. (D) A public hearing was held on Z-1331, the petition of Mr. Claude E. Hill, requesting a change in zoning from Multi-Family (MF-1) to General Retail (GR) classification on property located at 2531 Prairie Street. No one spoke regarding the petition. After hearing a report from John Lavretta that 1 letter was received in favor and none in opposition and that the Planning and Zoning Commission recommended approval, motion was made by Stewart, seconded by Nash that the petition be approved. Motion carried. 3. The Council considered the Annual Report from the Denton Housing Authority. Jim Carter, Executive Director of the Denton Housing Authority, appeared before the Council to present the Annual Report. Mr. Carter explained that he had submitted a full written report in each agenda packet, and that he would be happy to answer any questions. The Council thanked him for a fine report, and since there were no questions, motion was made by Hughes, seconded by Stewart to receive the report. Motion carried. June 20, 1978 Continued 4. The request from the Denton Community Theater to share the tenancy of the Old City Hall with the Central Fire Station was removed from the agenda until all Council Members are present. 5. The Council considered the recommendation of an architect from the Architectural Selection Committee concerning a central fire station or joint police/fire station facility. Chris Hartung explained to the Council that the Staff Architectural Selection Committee had requested proposals from 16 separate architects and had personally intereviewed 5 of those architects. He stated that the Committee recommends the Architectural Collective of Denton as the architect on the fire and police administrative buildings. Motion was made by. Stewart, seconded by Nash that the Architectural Collective of Denton be approved as the architect on the fire and police administrative buildings. Motion carried. 6. The Council considered the recommendation of the Library Board for selection of an architect for library expansion. Pat Warde of the Library Board appeared before the Council to make a recommendation on the architect for the library expansion. Mrs. Warde explained that the Library Board had met with several architects and was recommending that O'Neil Ford be selected. Motion was made by Hughes, seconded by Nash that O'Neil Ford be selected as the architect for the library expansion. Motion carried. 7. The Council considered a recommendation from the Traffic Safety Support Commission concerning an ordinance establishing a 35-mile per hour speed limit along South Carroll Boulevard from Hickory to Fort Worth Drive. The following Ordinance was presented: ORDINANCE NO. 78-23 AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANGING AND ESTABLISHING THE MAXIMUM PRIMA FACILE SPEED LIMIT ON CARROLL BOULEVARD FROM ITS INTERSECTION WITH WEST HICKORY TO ITS INTERSECTION WITH FORT WORTH DRIVE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Hughes "aye" Stewart "aye", Nash "aye" and Gay "aye" Motion carried. ' ' 8. The Council considered a Resolution proposed by the Highway and Airport Committee of the Chamber of Commerce requesting the State to accelerate purchase of right-of-way for North Loop 288. 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 JUNE, A.D. 1978. RESOLUTION WHEREAS, THE Highways and Airports Committee of the Chamber of Commerce strongly recommends and supports a program to accelerate purchase of right-of-way for North Loop 288 highway project; and WHEREAS, public hearings have been held and the State Highway Department has developed plans for the Loop 288 highway project; including the north portion; and WHEREAS, the City of Denton is desirous of immediately securing right-of-way for the construction of the north portion of Loop 288 providing the Texas Department of Highways and Public Transportation can provide funds for reimbursement to the City for acquisition of the right-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, THAT: ' June 20, 1978 Continued The City of Denton desires to enter into a contractual agreement with the State of Texas Department of Highways and Public Transportation for the acquisition of the right-of-way for all of the north portion of Loop 288 Highway and requests the State to appropriate funds so that the purchase of right-of-way can be accelerated, and permitting reimbursement by the State based upon current reimbursable percentages for acquisition of right-of-way by the City; authorizing the Mayor to sign such contractual documents, and directing the City to commence acquisition of right-of-way after the necessary documents with the State have been executed. PASSED AND APPROVED this the 20th day of June, A.D. 1978. /s/ ~OE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye" and Gay "aye". Motion carried. 9. The Council considered the plans for concession and restroom facilities and considered authorizing the staff to advertise for bids. Dick Huck presented plans and specifications prepared by Hatfield-Halcomb for concessions and restrooms at public parks, and stated that the Parks Board and Staff had reviewed the plans and recommended that the City advertise for bids on the concessions and restrooms for Southridge, Mack, Fred Moore and North Lakes Parks. Motion was made by Nash, seconded by Hughes to approve the plans and authorize the staff to advertise for bids. Motion carried. 10. The Council considered a Resolution requesting the formation of a non- profit organization for financing student loan programs. Paul Isham explained to the Council that this item had been discussed with the Council in the past and that the bond attorneys had now prepared the necessary documents to activate the student loan program. He further explained that this would be a joint program with the City of Arlington and the City of Denton, and that the bonding documents called for a Board with 4 members from the City of Arlington and 3 members from the City of Denton. Council Member Nash responded that he did not support the program unless Denton and Arlington had equal representation on the Board. Motion was made by Hughes, seconded by Nash that the matter be tabled, and that the City Attorney be directed to contact the Bond Counsel and ask him to change the legal documents to reflect equal representation on the Board from the cities of Denton and Arlington. Motion carried. 11. The Council considered authorizing an audit by Alexander Grant and Company of the electrical system. Motion was made by Stewart, seconded by Nash to table this item pending action of the TMPA Board. Motion carried. 454 June 20, 1978 Continued 12. The Council considered approval of purchase order #36708 for payment of rental for Denton School gyms from October 28, 1977 to March 6, 1978 for $4,937.66. Chris Hartung explained that this item had been tabled at the last meeting because of the questions on the hourly wage reflected for janitorial charges. He explained that 'time and a half wage was paid for overtime. Motion was made by Hughes, seconded by Nash that the purchase order be approved. Motion carried with Stewart voting "nay". 13. The Council considered tax adjustments for the month of April, 1978. Motion was made by Stewart, seconded by Nash that the tax adjustments for April, 1978 be approved in the amount of $1,450.83. Motion carried, 14. The Council considered drainage plans on Avenue E and adjacent area. Assistant City Manager, Jack Owen briefed the Council on the design by Freese and Nichols for storm sewer construction on Avenue E. He explained that Freese and Nichols submitted two different plans. He explained that Plan 1 collects water from various points east of Avenue E, then runs along Avenue E to Prairie Street and then turns west on Prairie Street to Avenue H where it empties into an existing channel. Plan 2 collects water from the east side of Avenue E, then runs along Avenue E to a point approximately two hundred feet south of Prairie and then turns west and runs to the channel. He further explained that Plan 1 was expected to cost $225,000 and Plan 2 was estimated to cost $245,000. It was the recommendation of the City Staff that the City adopt Plan 1. At this time Charles Musgrave, Manager of College Inn, appeared before the Council and asked that the Council do everything in its power to minimize the disruption this would cause at the College Inn Apartments. Bill Graham, owner of the Texas Pickup, appeared before the Council concerned about the interruption of business and asked that the Council do every- thing in its power to minimize the disruption. Motion was made by Stewart, seconded by Nash that Plan 1 be approved at an estimated cost of $225,000. Motion carried. 15. The Council considered setting the agenda for the June 27th study session. Chris Hartung recommended that the following items be placed on the City Council's June 27th study session: (A) De-annexation of strip annexed areas of the City. (B) Disposition of excess property belonging to the City of Denton. (C) Alignment of sidewalks in consideration of bid documents. (D) Public hearing on annexation of land at 1-35 and Mayhill Road. 16. CONSENT AGENDA: Motion was made by Hughes, seconded by Stewart that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: (1) Z-1326, the petition of Mr. j. A. Miller, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on .66 acres located at the northeast corner of Sanger and Riney Roads was referred to the Planning and Zoning Commission for its recommendation. (B) BIDS: (1) #8578 Portable Defibrillator-Scope-Chart Recorder for 2 ambulances was awarded to Physio-Control for two complete units at a total purchase price of $11,940. June 20, 1978 Continued (C) Change Order No. 3 on relocation of FM 1515 on airport improve- ments program approved on contract with Crookham & Vessels, Inc. in the increased amount of $200.00. 17. Charlene Withers, living at the corner of Bell and Sherman Drive, appeared before the Council and complained about the mismanagement of utilities and the high cost of utilities in the City of Denton. 18, The Council adjourned into Executive Session at 8:45 p.m. to discuss TMPA-Grimes County litigation settlement and Board appointmmts. 19. The Council reconvened into Public Session at 10 p.m. and the following motion was made by Stewart, seconded by Gay that ~he TMPA Board has authorized Peat, Marwick and Mitchell to review the financial status of TMPA, and the City of Denton feels that an engineering consultant firm should be hired to review the engineering and construction status of the Gibbons Creek Steam Electric Station. Motion carried. Meeting adjourned at 10:15 p.m. MAYO.R f' A SS ISTANT CITY SECRETARY 456 City Council June 27, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, June 27, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Members Hughes and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King ~le, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Mitchell and Council Member Stewart 1. The Council held a public hearing on annexation of an 80 acre tract at the request of the property owners, Mr. Bently and Mr, Tinney. This tract is located north of 1-35E and east of Mayhill Road. John Lavretta briefed the Council, but no action was to be taken on the matter at this meeting, but was being held for the purpose of offering citizens an opportunity to express opinions, but that a public hearing will be held by the Planning and Zoning Commission on July 5, 1978. Mayor Pro Tem Gay opened the Public Hearing and Kenneth Owen, Don Davidson, Thomas Cain and Mr. and Mrs. Don Cunningham, all residents of the area, spoke with all indicating opposition. 2. The Council considered the disposition of certain excess property belonging to the City of Denton. John Lavretta briefed the Council, stating that the Planning and Zoning Commission recommended that property at the corner of Sherman Drive and Denison be sold in its entirety. Motion was made by Hughes, seconded by Nash to instruct the Staff to hire an appraiser for the purpose of selling excess property. Motion carried. 3. The Council considered disannexation of certain strip annexed areas of the City. Jack Owen, Assistant City Manager, reviewed a map with the City Council, indicating the proposed change in the City Limits, and advised that no official Council action could be made until the Planning and Zoning Commission considers the requested disannexation. 4. The Council considered the proposed realignment of sidewalks and to authorize the City Staff to advertise for bids. Rick Svehla discussed realignment of sidewalks. He stated that they had relocated approximately 5,700 lineal feet of the total 29,500 for sidewalks so that there would be no interference with trees or shrubbery. He added that the Staff feels that 40 to 50% of brush, trees and mailboxes can be missed. He reviewed a set of revised plans. Motion was made by Hughes, seconded by Nash to follow the plans and to authorize the Staff to advertise for bids. Motion carried. 5. The Council considered the request of the Golden Distributing Company for lease of property at Bell Avenue and Robertson Street for a recycling plant. Motion was made by Nash, seconded by Hughes to instruct the City Attorney to prepare the appropriate lease agreement with Golden Distributing Company for a recycling plant. Motion carried. Meeting adjourned at 8:15 p.m. (~ ~ '-~'~ ~ .... ~ ~: ~. ~ CITY SECRETARY City Council and Utilities Board June 29, 1978 Special Called Joint Meeting of the City Council and the Utilities Board of the City of Denton, Texas, Thursday, June 29, 1978 at 7:00 a.m. at the Ramada Inn. PRESENT: Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, and Hughes; c~-T~--~-nager Chris Hartung, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Utilities Board: Chairman Harpool, Members Ramey, Davis, Munson and Shelton. Also present were Joe Ellis, First Southwest, Ray Hutchison, First Southwest, Cork Hall, First Southwest, Elbert Morrow, Bond Attorney, Gene Crowley, Solomon Brothers Investment Firm. ABSENT: Council: Council Member Stewart 1. The Mayor adjourned the meeting into Executive Session to discuss TMPA litigation and financing. 2. The Meeting was reconvened into Public Session at 8:35 a.m. 3. Actions for Utilities Board: (A) The Utilities Board considered a Resolution regarding the Gibbons Creek Electric Plant for recommendation to the City Council. Several corrections to the Resolution were pointed out for the City Attorney to incorporate. Motion was made by Davis, seconded by Shelton to approve the Resolution with corrections. On roll call vote Ramey "aye", Davis "aye", Munson "aye", Shelton "aye" and Harpool "aye". Motion carried. 4. Actions for City Council: (A) The following Resolution was presented: AT A SPECIAL MEETING OF THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD AT THE RAMADA INN OF SAID CITY ON THE 29TH DAY OF JUNE, A.D. 1978. RESOLUTION WHEREAS, the City of Denton has passed Ordinance No. 76-38 approving a Power Sales Contract with the Texas Municipal Power Agency (TMPA), approving a TMPA Bond Resolution in the amount of $50,000,000, and approving the Gibbons Creek Steam Electric Generating Station as a project pursuant to the provisions of the Power Sales Contract; and WHEREAS, R. W. Beck & Associates, consulting engineers for TMPA, was employed to study certain plans for developing a long-range power supply program for TMPA and its members cities, and WHEREAS, R. W. Beck & Associates prepared a preliminary report in 1975 concerning the feasibility of the Gibbons Creek Project and found it to be a feasible project; and WHEREAS, R. W. Beck & Associates has updated their studies and have reached the following conclusions: 1. Without additional and different power supply resources, the member cities of TMPA will face growing deficiencies in electric generating capacity to serve their customers starting in 1983. 2. The units planned for current construction or acquisition by the Agency should be of the base load category, and the Agency's efforts with respect to developing additional resources and related facilities for the near future have been appropriate. 3. The present estimated cost of construction of the Gibbons Creek Project is comparable to costs expected for similar projects being developed within the same general time period. June 29, 1978 Continued 4. The cost of power from the Gibbons Creek Project and the Comanche Peak Project is reasonable and comparable to or lower than other long-term base-load power supply resources available to TMPA to meet the Cities requirements. 5. The acquisition and construction of the Gibbons Creek Project with- in the context of the Power supply plan described herein continues to be feasible; and WHEREAS, the Public Utilities Board of the City of Denton has reviewed the June 23, 1978, engineering report of R. W. Beck & Associates, and is very concerned with the City of Denton's obligations and responsibilities to provide adequate and reasonable power to the citizens of Denton; and WHEREAS, the Board wishes to make the following recommendations and statements to the City Council of the City of Denton, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON, TEXAS; 1. That the Public Utilities Board of the City of Denton reaffirms its previous recommendation to the City Council that the Gibbons Creek Steam Electric Generating Station is a viable and engineering feasible project which is the best alternative available to the City of Denton for meeting its long- term objectives of providing adequate electric power at the lowest possible price to the citizens of the City of Denton. 2. That the Board is concerned with the capital costs of the Gibbons Creek Steam Electric Generating Station and encourages the feasibility studies by TMPA to determine whether it is more economical to TMPA and the Cities to contract the mining activities and to lease the use of transmission facilities from other utilities. The Board further recommends that there be included in these studies a study to determine the best approach to managing the construction of the Gibbons Creek Steam Generating Station. 3. That TMPA conduct a study to determine the best approach to the management and operational activities Of the Agency. The Board is concerned with the fact that there is a rapid turnover of Board Members to TMPA, and that as a result the TMPA Board Members have little opportunity to become thoroughly versed in the activities and intricacies of the Agency. The Board recommends that the City take steps to assure, as best as possible, continuity and longevity by its TMPA Board Members. 4. That the Board strongly urges the City Council to publicly clear the air concerning projected capitalization costs for the construction of the Gibbons Creek Steam Generating Station. Various residents and news media have improperly applied unapproved and estimated costs for participation in the Comanche Peak Steam Generating Station (nuclear), systems development and reliability expenditures, and cost estimates for the construction of a second 400 megawatt unit into the projected costs of the 400 megawatt Gibbons Creek Steam Generating Station with the result that the public has been mislead into believing that the cost of the present plant being constructed is 1.73 billion dollars. The citizens are entitled to know the actual projected capital costs of the approved projects of the Agency and the Board recommends the Council take steps to make these figures known to the public. PASSED AND APPROVED this 29th day of June, A.D. 1978 /s/ TOM HARPOOL, CHAIRMAN' /s/ STAN MUNSON, MEMBER /s/ BILL DAVIS, MEMBER ~$/ KEITH SHELTON, MEMBER /s/ MARVIN RAMEY, MEMBER June 29, 1978 Continued ACCEPTED AND APPROVED by the City Council of the City of Denton at a special meeting held at the Ramada Inn in said City on the 29th day of June, A.D. 1978. /s/ JOE MITCHELL, 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 Gay, seconded by Hughes to accept and approve the Resolution and to direct Denton TMPA Board Members to the TMPA Board to vote in favor of the settlement with the Grimes County Taxpayers Association. On roll call vote Hughes "aye", Gay "aye", Nash "nay" and Mitchell "aye". Motion carried 3 tol. Meeting adjourned at 8:45 a.m. City Council June 30, 1978 Special Called Meeting of the City Council of Denton, Texas, Friday, June 30, 1978 at 1:30 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes;City Manager Chris Hartung, Assistant City Manager King Cole City Attorney Paul ~sham and City Secretary Brooks Holt. I. The Council discussed the Water andSewer Management Study conducted by Touche-Ross. Council Member Stewart requested that Mr. Cali of Touche-Ross present highlights of the Water and Sewer Management Study since he was unable to attend the meeting at which the original report to the Council was made. After Mr. Cali had made'his abbreviated'report, the following questions and statements were made by Council Members: Nash--The Water and Sewer operation should be computerized for further control. Cali--Perhaps, except there is presently a backlog of work in Data Processing. Stewart--How many dollars do you think we can save on your recommendations? Cali--By implementing a workable system the City can save and have a better control of the operation, but I do not know how much cost savings will result. Stewart--It appears in the rate study that those not using excess water and sewer will pay a much lower cost thatl others, and I would agree. Cali--This is true. Stewart--What about a special rate for those irrigating? Stowe--Those irrigating yards, etc. will not have higher sewer rates because of excess water used, at this time of year in particular. Hughes-In your study did you discover any over staff or over paying of employees? Cali--No. Hughes-Have you discovered any savings we can make in personnel operation?~ Cali--No, not really. Nash--Can other savings be made other than in the Water and Sewer Department? Cali--Yes, close accounting of dollars can result in savings. Hartung--We can benefit from a study of the other Departments of the City to Obtain better efficiency. Utilities Board Member Ramey--The Utilities Board unanimously recommended the Water and Sewer rates recommended by Touche-Ross and complimented them on their report. June.30, 1978 Continued George Rawley, 1119 Stanley--My meter has not turned over in a month, it seems that the computer would kick these out; there are too many estimates in meter reading. Earl Jones--If the reader notes that the meter has not turned over this month, the Data Processing Department could not catch it until the next reading. 2. The Council considered an Ordinance amending the Water and Sewer Rate Ordinance. DISCUSSION: Nash--I have been asking for economy. I am opposed to the rate increase. Hughes-We must expand our system and improve it. There are many people in our City who have not yet obtained water and sewer services. Under the old rates we cannot serve the citizens adequately. Stewart--Water and sewer facilities must be increased. I cannot morally vote against this increase. However, there must be rates low enough for the very low user. Mitchell--When I was a new Council Member I pushed very hard to block a water and sewer rate increase. Now I know that improvements must be made, and --- this requires money. The following Ordinance was presented: ORDINANCE NO. 78-24 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON. TEXAS, PROVIDING NEW WATER AND SEWER TAPPING FEES AND NEW SERVICE RATE CHARGES FOR WATER AND SEWER SERVICE: REPEALING CONFLICTING ORDINANCES: PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "nay't, Stewart "aye",Hughes '!aye", Gay "aye" and Mitchell, "aye". Motion carried 4 to 1. Meeting adjourned at 3:10 p.m. .... City Council July 5, 1978 Special Joint Meeting of the City Council and the Planning and Zoning Commission of the City of Denton, Texas, Wednesday, July 5, 1978 at 5:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City Manager Chris Hartung, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Plannin~ & Zoning Commission: Chairman Hill, Members McAdams, Kamman, Brady, King, Ryan and Pitts. 1. Motion was made by Hughes, seconded by Nash that the minutes of the Regular Meeting of June 20, 1978, the Special Called Meeting of June 27, 1978, the Special Joint Meeting with the Public Utilities Board of June 29, 1978 and the Special Called Meeting of June 30, 1978 be approved. Motion carried. 2. REFERRAL ONLY: Motion was made by Nash, seconded by Gay that zoning cases Z-1337 (Jones) and Z-1338 (Tinney) be referred to the Planning and Zoning Commission for its recommendation. (See Below) Motion carried. FOR CONSIDERATION OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION: 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1337, the petition of Mr. Bob Jones, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 16.9 acres located on the west side of 1-35W, south of Ohio Rubber'Manufacturing Company. After hearing 2 proponents and none in opposition, the City Planner _ stated that 3 letters were mailed with 1 returned in favor and none in opposition, motion was made by McAdmas, seconded by Brady that the petition be approved and recommended to the Council. Motion carried. Motion was made by Gay, seconded by Nash that the petition be approved. Motion carried. (B) A public hearing was held on Z-1338, the petition of Mr. C. W. Tinney, requesting Light Industrial zoning classification on approximately 60 acres located adjacent, east and southeast of the intersection of Mayhill Road and the MKT ~railroad tracks. After hearing 1 proponent and 2 in opposition, the City Planner stated that 13 letters were mailed with 3 returned in favor and 1 in opposition, and that the Staff recommended approval, motion was made by McAdams, seconded by Brady that the petition be approved and recommended to the Council. Motion carried. Motion was made by Hughes, seconded by Nash to table action until the August 15 meeting. Motion carried. FOR CONSIDERATION OF THE CITY COUNCIL: 4. The Council considered zoning Ordinance Z-1332, the petition of Mr. George Schneider. The following Ordinance was presented: ORDINANCE #78-25 (George Schneider) 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 APPLIED TO A PORTION OF LOT 13.3; BLOCK 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 Hughes, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. July 5, 1978 Continued 5. The Council considered zoning Ordinance Z-1331, the petition of Mr. Claude Hill. The following Ordinance was presented: ORDINANCE NO. 78-26 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'AP?LIED TO A PORTION OF LOT 2, BLOCK 3030, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Hughes "aye" Stewart" " , , aye , Nash "aye" Gay "aye" and Mitchell '"aye". Motion carried. 6. The Council considered zoning petition Z-1328, the request of Mr. Tim Green seeking a change in zoning from Agricultural and Light Industrial to Multi- Family (MF-1) classification on 10 acres located on the west side of Teasley Lane south of 1-35E. Motion was made by Gay, seconded by Hughes that the petition be approved. Motion carried. 7. The Council considered the request of property owners along James Street (FM-1830), south of Fort Worth Drive, to change the name of James Street to Country Club Road. Following a briefing by the City Planner, motion was made by Nash, seconded by Hughes to change the name of James Street to Country Club Road. Motion carried. 8. The Council considered a Resolution requesting the formation of a non- profit organization for the purpose of financing student loans. City Attorney Isbam stated that 4 members be appointed to the Board by the City. The following Resolution was presented: A RESOLUTION by the City Council of the City of Denton, Texas, relating to the formation of a non-profit corporation for the purpose of acquiring student loan notes; approving the formation of such corporation under Chapter 53 of the Texas Education Code; and providing an effective date. WHEREAS, the members of this governing body recognize that a college education is a valuable asset and a student's inability to meet all of the financial commitments should not prevent the obtaining of an education when it is possible to obtain financing for such educational opportunities; and WHEREAS, it has been called to the attention of this governing body that a program for financing student educational loans at the college or university level through the United States. Office of Education may be made available to residents and students of this area through the formation of a non-profit corporation with the power to sell bonds in order to acquire student loan notes and it appears that under present procedure the interest on bonds issued by the corporation would be exempt from federal income tax and the income of the corporation would not be subject to federal income tax; and WHEREAS, it is the further understanding of this governing body that this City will in no way or manner become financially liable as a result of the creation and operation of said non-profit corporation, and will incur no liability for the payment of any debt created by it; and WHEREAS, this governing body desires to assist in the furtherance of the educat- ion and aspirations of young people in the area; now therefore, 464 July 5, 1978 Continued BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION l: That the following named persons: are requested, on behalf of this governing body, to review the proposed student loan program and establish, re-establish or reorganize a non-profit corporation with the power to operate and finance a student loan program. SECTION 2: That such persons together with four (4) persons to be designated by the governing body of the City of Arlington, Texas (if they are so designated) are further requested to act as Directors of such corporation in the development and implementation of a plan to determine 'the economic feasibility and viability of the plan. At such time as the development of the plan has been completed, a report shall be made to this Council and such report shall be made prior to finalization of any financing plans. SECTION 3: That this governing body, while recognizing the advantages of a post secondary education are limited, being only those conferred by Chapter 53 of the Texas Education Code. In no event shall any funds of the City ever be appropriated to or for the use of such non-p~ofit corporation when formed. SECTION 4.' It is found and determined that no higher education authority has heretofore been created by this governing body under the provisions of Chapter 53 of the Texas Education Code for the purpose of (i) constructing or acquiring any buildings for use by an institution of higher learning within this City of (ii) acquiring student loan notes. .SECTION 5: This resolution shall be effective from and after its passage and it is §0 resolved. PASSED AND APPROVED, this the 5th day of July, 1978 /s/ ATTEST: JOE MITCHELL, MAYOR /s/ CITY SECRETARY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye" Nash "aye", Hughes "aye" Gay "aye" and Mitchell" " ' ' aye . Motion carried. 9. The Council considered easement acquisition for Community Development Block Grant drainage improvements to lower section of Pecan Creek. John Lavretta, City Planner, stated that the Staff recommended approval. Motion was made by Nash, seconded by Hughes to approve the contract, that the property be acquired and the Staff take necessary action. Motion carried. 10. The Council considered a Resolution'and to authorize the Mayor to sign a contract for purchasing right-of-way on North Loop 288 (under protected right- of-way provision.) The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY, A.D. 1978. RESOLUTION WHEREAS, the City of Denton is desirous of proceeding with the purchase of right- of-way for the north portion of Loop 288 from the proposed intersection with Highway 380 to its intersection with Interstate Highway 35; and July 5, 1978 Continued WHEREAS, the wtate of Texas Department of Highways and Public Transportation has submitted a participation contract for the purchase of right-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the Contractual Agreement for Right-of-Way Procurement with the State of Texas Department of Highways and Public Transporation is hereby approved and the Mayor of the City is authorized to sign the same. PASSED AND APPROVED on this 5th day of July, A.D. 1978. /s/ WOE MITCHEL[,'MAYOR CITY OF DENTON ATTEST.: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM: /si PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON Motion was made by Nash, seconded by Gay that the Resolution be passed and the Mayor authorized to sign. On roll call vote Hughes"aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye'i. Motion carried.' 11. The Council considered a Resolution authorizing the Mayor to request preliminary engineering study and construction of a U-turn at the intersection of Loop 288 and 1-35E. The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY, A.D. 1978. RESOLUTION WHEREAS, the developer of Denton Mall desires for a U-turn ~o be constructed by the State of Texas Department of Public Highways and Transportation at the intersection of Loop 288 and Interstate Highway 35E and to reimburse the City of Denton and State of Texas for the cost of design and construction of said U-turn; and WHEREAS, ~Bocedures require the State of Texas Department of Public Highways and Transportation to receive from a municipality the request to proceed and advanced payment for the d6sign work before actually commencing the work; and WHEREAS, it will be necessary for the City of Denton to enter into a contract with the State even though actual funding for the design and construction of the U-turn will be provided by the developer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the State of Texas Department of Public Highways and Transportation be requested to furnish the City of Denton a contract for the preliminary design of a U-turn at the intersection of Loop 288 and Interstate High~ay 35E for the approximate cost of $15,000 and that the Mayor is hereby authorized to sign such contract on behalf of the City of Denton. PASSED AND APPROVED on this 5th day of July A.D. 1978 /s/ JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS 466 July 5, 1978 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 Gay, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye" Gay "aye" and Mitchell "aye". Motion carried. ' 12.. The Council considered the purchase of 68 acres of land adjacent to the sewer plant for expansion of treatment facilities. Motion was made by Nash, seconded by Hughes to enter into a sales contract for the purchase of 68 acres of land adjacent to the sewer plant for expansion of treatment facilitie~ and the Mayor be authorized to sign. Motion carried. 13. Assistant City Manager King Cole made a progress report on funding plan for County-wide emergency medical services. Cole said that on June 1, 1978 the County Commissioners called a meeting of all cities in Denton County interest- ed in emergency medical services. That meeting turned out to be a rather large group and did not accomplish much in making a decision on a funding policy. The County Commissioners selected a subcommittee from this group to study the funding possibilities and make a recommendation. John Maxwell and Jack Gentry of the City of Denton were appointed to this committee. This committee made the follow- ing recommendations to the County: That the County do either of the following: (A) The County will assume all financial administrative responsi- bility~for the ambulance service in Denton County. In Denton's case, this would require the County to make an annual contri- bution to the City of Denton that equalled the amount by which our expenses exceed our revenues; OR (B) The County will pay to each entity providing ambulance service in Denton County the sum of $2.50 per capita based on the area served. The City would, however, be precluded from making a profit. The subcommittee agreed to take these recommendations back to the other cities and the Commissioners' Court at whatever time a meeting could be set up in the period from July 7th through July 14th. 14. CONSENT AGENDA: Motion was made by Nash, seconded by Gay that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1339, the petition of Mr. R. W. Higgins, requesting a change in zoning from Single Family (SF-7) to Multi-F~mily (MF-1) classification on .68 acre located on the south side of Greenlee Street east of 1-35E. This is Lot 6 Block 349. , (2) Z-1340, the petition of Mr. Frank Martino, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 47.9 acres located between Loop 288 and Mayhill Road, north of Spencer. July 5, 1978 Continued (B) BIDS: (1) #8575--Fork lift for Public Works at the Service Center, awarded to Strawn Equipment at a price of $13,977 with a 30-60 day delivery date. (C) PURCHASE ORDER OVER $3,000 (1) Purchase Order #10220, emergency repair of transmission, brakes and starter on equipment number 2770, approved for payment to Darr Equipment Company in the amount of $3,031.02. (D) Change Order #1 to the contract with Glo Construction Company was approved in the increased amount of $4,174.40 for lighting improvements at Denton Municipal Airport. Basically the change order proposes the following: (1) Installation of a prefabricated Morgan Building to house the transformer and all other electrical lighting controls. This building will be three-sided and attach directly to the back of the Airport Terminal Building. (2) Installation of electrical conduit and cable from the new location of the transformer to a connecting location with the lighting system. 15. The Council considered a request by the Denton Community Theater to share the tenancy of the Old City Hall with the Central Fire Station. Former Mayor Frank Barrow of the Denton Community Theater reviewed the progress of the Theater over the years, pointing out the large numbers of citizens involved and the number of plays presented. He also stated that the theater is an asset to the City economically. He asked that the space used by the Denton City-County Health Unit be made available to the Theater, and requested repairs on the building. Motion was made by Nash, seconded by Gay to give a one year occupancy extension to the Denton Community Theater. Motion carried. 16. The Council considered relocation of the City-County Health Unit. City Manager Chris Hartung stated that County Judge Dan Trammell advised that the County was moving the Health Unit to the first floor of the Courthouse. The Council concurred to the move. Meeting adjourned at 6:35 p.m. ~TTY SECRETARY City Council July 10, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, July lO, 1978 at 5:00 p.m. in the Conference Room of the City Manager's Office. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Stewart, Nash and Hughes; City Manager Chris Hartung, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council considered instituting annexation proceedings for an 80 acre tract located adjacent to Mayhill Road and the MKT railroad tracks and direct the City Secretary to publish the proposed annexation ordinance. Motion was made by Nash, seconded by Gay to institute annexation proceedings for an 80 acre tract located adjacent to Mayhill Road and the MKT railroad tracks and direct the City Secretary to publish the proposed annexation ordinance. Motion carried. 2. The Council adjourned into Executive Session at 5:05 p.m. to discuss Board Appointments. 3. The Council reconvened into Public Session at 7:45 p.m. Motion was made by Stewart, seconded by Gay that Board and Commission lqembers be approved as follows. Motion carried. Board of Equalization Raym0ndPi~ts Dr. David Fitch Mrs. Myra Akins Electrical Code Board J. J~i~db~Z'-i year W, F. Williams--1 year Paul Schueler--t year Zeke [~artin--1 year Dan Scott--2 years Charlette Whaley--2 years Kenneth Keese--2 years Building Code Board Chester IngFaham-~2 years Dan Collinsworth--2 years John Matt Howard (Alternate)--2 years Plumbing and Mechanical Board Bob Thrnbull-Z2 years George Becker--1 year Delbert Overstreet--1 year Peter Work--2 years Bill Burley--2 years Geroge Terry--1 year Ernest Miller--1 year Citizens Traffic Safety Support Commission Jim-Wilson--2 years Joan Hartney--2 years Ruth Frady--2 years Dana Cessna--1 year Bill Midget--2 years Buck Elliott--2 years Planning & Zoning Commission Don Ryan-~-~2 years Bill Brady--2 years Linnie McAdams--2 years July 10, 1978 Continued Board of Adjustment ~h~rle§ Muirhead--2 years Edward Coomes--2 years George E. Ford--2 years Housing Authorit__ ~ Miller Davidge--2 years Randy Mirmis-- 2 years Housing & Development Stud~ Committee (Ad Hoc) Ben Ivey Start Munson Airport Advisor~ Board Ralph Sl-ato~u2 years C. J. Taylor--2 years Roland Vela-- 2 years Cable Television Board Ed Mor~ison-~2 years Utilities Board Marvin Ramey--4 years Community Ethnic Relations Board J~ames Ramir~z-- 2 years Rufus Ebron-- 2 Librar7 Board Eleanor Caldwell--2 years David Speck--2 years Elinor Hughes Parks and Recreation Board Leonard Logan Dr. Joe Teaff Research and Economic Development Board Ben Ivey-nB years Ralph Flesher--3 years Dr. Edward Rutland--3 years Student Loan Committee B~ilI Allen Homer Bly Dr. Mary E. Huey (Will appoint Representative) C. C. Nolen (Will appoint representative) Meeting adjourned at 7:55 p.m. CITY SECRETARY City Council July 18, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, July 18, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash and Stewart; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENT: Council Member Hughes and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Gay that the minutes of the Special Called Joint Meeting of the City Council and the Public Utilities Board of July 5, 1978 and the Special Called Meeting of July 10, 1978 be approved, Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1329, the petition of Mr, George C. Goen, Jr., requesting a change in zoning from Single Family (SF-16) and (SF-IO) to Single Family (SF-7) classification on 16 acres located south of Willowwood and west of Kendolph. Carroll Goen spoke in favor and asked that the Council consider post- poning final disposition until all Council Members are present. Motion was made by Nash, seconded by Stewart to leave the public hear- ing open until all Council Members could be available. Motion carried. (B) A public hearing was held on Z-1334, the petition of Mr. Frank Martino, requesting a change in zoning from Planned Development (P~) to ~ight Industrial (LI) classification on 117.77 acres located between Loop 288 and Mayhill Road, south of McKinney Street. John Lavretta of Community Development stated that a 4/5 vote was needed because more than 20% of the adjacent property owners objected to the zoning. Motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried unanimously. (C) A public hearing was held on Z-1333, the petition of Mr. Tom Jester, requesting a change in zoning from Office (0) to General Retail (GR) classification on five lots located on the west side of North Elm between First and Second Streets. The properties include 1019, 1013, 1103 'and 1109 North Elm; and 211 Second Street. Tom Jester spoke in favor of the petition. W. H. Lowrance of llO0 Bolivar, opposed the petition, fearing that the General Retail (GR) zoning would cause dust problems and diminish property values. Carl Castleberry, 211 Second Street, spoke in opposition, concerned that beer joints would go in adjacent to his home. -Tom Jester was given 5 minutes for rebuttal. He stated that there was no intent for beer to be served and that they would hard surface the alley to keep the dust down. John Lavretta of Community Development, explained that when the Planning and Zoning Commission heard this petition the vote was 3 in favor and 3 in opposition. The Planning Staff was opposed to the zoning. He further stated that more than 20% of the letters mailed were returned in opposition and that a 4/5 vote would be required to approve the petition. Motion was made by Nash, seconded by Gay that the petition be approved. Motion failed with 3 in favor and Stewart in opposition. July 18, 1978 Continued (D) A public Hearing was held on Z-1336, the petition of Mr. Arkie Miller, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on .66 acre located at the northeast corner of Riney and Sanger Roads. Elvin Dane stated that he lived within 40 feet of the subject prop- erty, and spoke in opposition, stating that he did not believe that there was sufficient space for 3 homes. Arkie Miller was given 5 minutes for rebuttal. He stated that by our zoning ordinance there was sufficient space for 3,830 square feet homes on each lot. He further explained that the Planning and Zoning Commission recommended app- roval. Motion was made by Gay, seconded by Mitchell that the petition be approved. Motion failed. (E) A public hearing was held on Z-1330, the petition of Mr. J. Newton Rayzor, requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on twelve acres located at the southwest corner of University Drive and Bonnie Brae. Frank Mihalo~oulos of Pearcy/Christon, Inc., (A Commercial Real Estate Brokerage Firm of Dallas~, representing j. Newton Rayzor, spoke in favor. John Lavretta of Community Development stated that the Planning and Zoning Commission recommended approval. Motion was made by Nash, seconded by Stewart that the petition be approved. Motion carried unanimously. (F) A public hearing was held to consider an amendment to the Zonin9 Ordinance which would change 'the definition of a "restaurant" to permit drive through carry-out service. John Lavretta explained to the City Council that the Planning and Zoning Commission was recommending a change in the Zoning Ordinance to make it more responsive to current needs.. The Planning and Zoning Commission is recomm- ending that a carry-out window be permitted at all restaurants if it is designed to prevent traffic from stacking up in the street. Lavretta further explained that the proposed change in the Ordinance would allow the Traffic Safety Director to approve dPive through windows in a restaurant. No one spoke for or aginast. Motion was made by Nash, seconded by Gay that the City Attorney be directed to amend the Zoning Ordinance to reflect the recommendations of the Planning and Zoning Commission and bring it back to the Council for action. Motion carried. 3. ZONING ORDINANCES: (A) The Council considered the zoning ordinance for Mr. Tim Green, requesting a change in zoning from Agricultural (A) and Light Industrial (LI) to Multi-Family (MF). The following Ordinance was presented: ORDINANCE (T~m'G~een) 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 N0.69-1, AND AS SAID MAP APPLIES TO LOT 2.1, BLOCK 233-C, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "nay", Nash "aye", Gay "aye" and Mitchell" " failed 3 to 1. , aye . Motion The Council agreed to reconsider this Ordinance at another meeting when all Council Members are present: July 18, 1978 Continued (B) The Council considered the zoning ordinance for Mr. Bob Jones, mequesting a change in zoning from Agricultural (A) to Light Industrial (LI). The following Ordinance was presented: ORDINANCE NO. 78-27 (Bob Jones) 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 A PORTION OF LOT 18, BLOCK 3031-C, 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 4. The Council considered contracts with Touche Ross to do a study of the Finance Department and the Data Processing Department. City Manager Chris Hartung explained that the need for a study of these Departments was brought up in the Water and Sewer Management Study. After discussing it with the City Council, he had requested that Touche Ross submit proposals for studies of the Finance and Data Processing Departments. Vince Cali representing Touche Ross and Company, presented the 2 proposals and allowed the Council an opportunity to ask questions. Nash stated that we should also seek proposals from other firms, parti- cularly Alexander Grant and Company, our auditors, before proceeding with approval of this study. Mayor Mitchell suggested that we have Alexander Grant and Company conduct these studies this year when they do the annual audit. He also asked why we could not do studies in-house with our present staff. Stewart expressed a concern over the amount of dollars we are currently spending on studies. Motion was made by Nash, seconded by Stewart that the 2 proposals be %abled until all Council Members were present and could discuss it later at a 'study session. Motion carried. 5. The Council considered plans for channelization of Pecan Creek, funded by Community Development Grant, and authorize the Staff to advertise for bids. Rick Svehla, City Engineer, explained that the plans and specifications were prepared and had previously been'submitted to the City Council for their study, and if they approved he was ready to go out for bids. Motion was made by Nash, seconded by Stewart to authorize the City Staff to advertise for bids for the ch~nnelization of Pecan Creek near Dreamland Apartments. Motion carried. 6. The Council considered recommendation from the Traffic Safety Support Commission for installing passive signing at all railroad crossings in the City. Rick Svehla, City Engineer, explained that he had received communication from the Highway Department concerning the matter. He explained that this had been considered by the Traffic Commission and that they recommended that the Council enter into this agreement. Svehla further pointed out that the Highway Department said these signs would be up to 1980 standards, but after they are installed the City will be responsible for any maintenance. Motion was made by Stewart, seconded by Nash to authorize the Mayor to sign the agreement with the Highway Department for the installation of passive signing at all railroad crossings in the City. Motion carried. July 18, 1978 Continued 7. The Council considered the Flood Damage Prevention Ordinance and its requirements for subdivision platting. Council Member Nash explained that Section 16.18, Part 6 of the Flood Damage Prevention Ordinance requires that floodway conture lines be shown on final plats for subdivisions. He further 'explained that this was necessary even after channelization of the floodway. Nash stated that this was damaging to the seller and the buyer of the subdivision lots and requested that the Council consider removing that requirement from the Ordinance. - Motion was made by Gay, seconded by Nash to direct the City Attorney to prepare an Ordinance amendment removing that section. Motion carried. 8. The Council considered Bid #8590 and award of contract for sidewalk construction. Motion was made by Nash, seconded by Gay that the bid be awarded to Denton Construction Company at a bid price of $180,814.00. Motion carried. 9. The Council considered a contract with Alexander Grant and Company to develop financial statements to be included in TMPA bond offering document. The City Manager asked the Council for permission to contract with Alexander Grant and Company to update the City of Denton's Financial Statements to be included in TMPA's bond offering document. Motion was made by Gay, seconded by Mitchell to instruct the Mayor to sign this contract, Motion failed with 2 for and 2 against. 10. The Council considered setting the agenda for the July 25, 1978 Study Session. The following items were approved for the agenda: (A) Further study of the Financial and Data Processing proposals by Touche-Ross. (B) Review of the Water and Sewer Rate Ordinance. (C) Joint funding of the City-County budgets. 11. CONSENT AGENDA: Motion was made by Stewart, seconded by Nash that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1341, the petition of Mr. Tom Jester, requesting a change in zoning from Single Family (SF-7) to General Retail (GR) classification on approximately two acres located on the southern third of the block bounded by Avenue E and D, Eagle and the 1-35E Service Road. (2) Z-1342, the petition of Mr. John Porter, requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on 4.9 acres located near the Loop 288/I-35E intersection, on the south side of 1-35E. (3) Z-1343, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification on 40 acres located generally west of Stuart, east of Bell Avenue, and north of the Park West Addition. (4) Z-1344, the petition of Mr, Ed Stapleton, requesting a change in zoning from Multi-Family (MF-1) to Office (0) classification at 1302 West Oak, the north east corner of Oak and Fry Streets. (B) BIDS: (1) #8580 Tires & Batteries for replacement on City-owned vehicles was awarded to Pennell Auto Parts of Denton for NAPA batteries and to Richard Stephens Firestone for Firestone tires. July 18, 1978 Continued 12. The Council adjourned into Executive Session at 9:30 p.m. to discuss litigation involving the City of Denton and confirmation of Board Appointments. 13. The Council reconvened into Public Session at 10:00 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:05 p.m. ,i ,~ I ' II ~ V' /' ~,~t, As~is'T'ANT CTTY SECRETARY "A' 'A' "~ City Council July 25, 1978 Special Called Joint Meeting of the City Council and the Denton County Commissioners Court, Tuesday, July 25, 1978 at 4:00 p.m. in the Civil Defense Room of the Municipal Building. Council: PRESENT: Mayor Mitchell, Members~ ~ash,,Stewart and~Hughes, City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Commissioners' Court: Ju~g~rammell, Members Salmon, Sparks and Switzer. ABSENT: Council: Mayor Pro Tem Gay. Commissioners' Court: Member Elbert. I. FOR CITY COUNCIL STUDY SESSION CONSIDERATION: (1) The Council considered budgets for the City of Denton and Denton County joint-funded agencies. The City Manager presented the budget requests of Flow Hospital and Emily Fowler Library. A letter from the Board of Directors of Flow stated in part as follows: The 1979 Financial Plan reflects a patient utilization increase of 8.9 percent, which we feel is a conservative projection for next year. As a result of our increased patient utilization, we are able to project a 5.7 percent~increase in our hospital charges. This increase is required in order 'to cover our increased expenses. This Financial Plan results in a surplus of revenue over expense, in the amount of $171,000. This surplus provides the cash funds required for our forecast capital expenditures. Incorporated within this financial plan is an increase in appro- priations from the City and County. This increase amounts to $36,276. Components of our appropriations are shown below: 1978 Estimated Actual 1979 Forecast Increase City of Denton $ 2107,500 $229~26 $18,626 County of Denton $ 152,304 169~954 17,650 $ 362~80~ $399,080 $36,276 The proposed 1978-79 budget of the Emily Fowler Library of $256,938 was discussed. King Cole stated that $63,250 has been placed in the budget for the Health Department. The budget request by the Health Department is $197,518. Cole also advised that $5,000 had been requested by the Home Health Service. The Council agreed that a Resolution requesting the County Attorney to ask for an opinion from the Attorney General relative to payment by Denton County for all indigent health care costs be placed on the next Council agenda. II. FOR CITY COUNCIL AND COMMISSIONERS' COURT CONSIDERATION: (1) Budgets for the City of Denton and Denton County joint-funded agencies were considered. (A) Flow Hospital--The City Manager presented an example of the payments both county residents and Denton residents would pay under the funding plan. Based on the 114,000 population in the County, each county resident's share (including City of Denton residents) would be $2.01 per capita. In addition, the 51,550 Denton residents would chip in $4.44 per capita to cover the city's share of the funding. The result according to the staff, is the county resident would be paying $2.01 for the same services that are costing Denton residents $6.4~. July 25, 1978 Continued Hughes stated this was not fair, that there should be a more equitable funding, and we certainly do not want to close our very fine hospital. Motion was made by County Commissioner Sparks, seconded by Switzer that Denton County pay the County's portion for Flow in the amount of $170,000. Motion carried. (B) The matter of budgeting for ambulance service was discussed. Commissioner Switzer stated the County is asking for proposals for County ambulance service from a private firm in Wichita Falls. Hughes reminded the Commissioners of costs of ambulance service by Denton Fire Department, and the City Manager added that funds are needed now from the County for its operation. III. FOR CITY COUNCIL CONSIDERATION: (1) The Council considered water and sewer rates. There was considerable discussion relative to the sewer rates. (2) The Council discussed Finance and Data Processing Department Management studies. The City Manager pointed out the need of a study of the Finance Depart- ment and the Data Processing Department. The Mayor voiced concern relative to value of outside firm study and costs involved. (3) The Council considered a contract with Alexander Grant and Company to develop financial statements to be included in TMPA bond offering document. Motion was made by Nash, seconded by Hughes to approve a contract with Alexander Grant and Company to develop financial statements to be included in TMPA bond offering document. Motion carried 3 to 1. (4) The Council considered sending zoning petition Z-1336 back to the Planning and Zoning Commission for additional study regarding a two-lot subdivision at the intersection of Riney and Sanger Roads. Motion was made by Stewart, seconded by Nash to send zoning petition Z-1336 back to the Planning'and Zoning Commission for additional study regarding a two-lot subdivision at the intersection of Riney and Sanger Roads. Motion carried. Meeting adjourned at 8:40 p.m. .~ ~-~