Loading...
Minute Bk. 21 1/1978 - 5/1980 City Council August 1, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, August 1, 1978 at 7:00 p.m. in tbs Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Stewart, Nash and Hughes; 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 Hughes that the minutes of the Regular Meeting of July 18, 1978 and the Special Called Joint Meeting with the County Cc~missioners of July 25, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1329, the petition of Mr. George Goen, requesting a change in zoning from Single Family (SF-16 and SF-10) to Single Family (SF-7) classification on 16 acres located south of Willowwood Drive. The Mayor opened the public hearing. After hearing 1 proponent and 8 in opposition and a report frc~n John Lavretta, City Planner, motion was made by Gay, seconded by Nash that the petition be approved with the plat that was submitted to each Council Member by petitioner be unchanged and to direct the City Secretary to send a copy of the minutes of this meeting to the Planning and Zoning Cc~mission. Motion carried 4 to 1. (B) A public hearing was held on Z-1340, the petition of Mr. Frank Martino, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 47.8 acres located between Loop 288 and Mayhill Road, north of Spencer Road. After hearing 1 proponent am~ nom~ in opposition, and a report from John Lavretta, City Planner, that 19 letters were sent to property owners with 5 returned in favor and 6 in opposition, and that it required 4/5 vote of the Council for approval, motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried. (C) A public hearing was held to consider program amendment to the FY 77 Coa~unity Development Grant budget. The Mayor opened the public hearing. No one spoke for or against the matter. The public hearing was closed. Motion was made by Stewart, seconded by Nash to approve the amendment to the FY 77 Cc~N~nity Develolm~nt Grant budget and to authorize the Mayor to sign same. Motion carried. 3. The Council considered a Resolution concerning Housing Authority administration of the Housing Rehmhilitation Program. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF D~5~DN, TEXAS, ~D IN THE MUNICIPAL BU/TDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A.D. 1978. RESOLUTION WHEREAS, the City of Denton bas received Cu~L~unity Development Block Grant Funds in previous years for rehabilitation of housing owned by low and moderate inccme persons; and WHEREAS, the City of Denton will reallocate $25,000 of the Fiscal Year 1977 C~LuL~nity Development Grant for the rehabilitation program; and WHEREAS, the City of Denton is expecting to receive Community Develolm~nt Block Grant Funds in 1978 in the amount of $125,000 and in 1979 in the amount of $218,000; and August 1, 1978 Continued WHEREAS, the City of Denton desires that the Denton Housing Authority administer the application and eligibility process and disperse the Cc~LLunity Develot~ent Block Grant Funds received by the City of Denton; and WHEREAS, the City of Denton will allocate $25,000 from the 1978 grant for administration of this program which the City desires to share 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 to administer these elements of the rehabilitation program for the reallocated grant funds and the grant funds expected for the 1978 and 1979 program years and that in 1978 the Denton Housing Authority receive an administrative fee of $10,000 and that the administrative fee for the larger 1979 grant be determined at that program year. PASSED AND APPNDVED this the 1st day of August, A.D. 1978. /s/ JOE .M.Irl-C~qT,T,, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY S~CRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY Following a briefing by the City Planner, motion was made by Hughes, seconded by Nash that the Resolution be approved. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 4. The Council considered the quit claim of a utility easement located at the rear of lots 2 and 3; Block 134. Motion was made by Stewart, seconded by Nash that the quit claim of a utility eas~nent located at the rear of lots 2 and 3, Block 134 be approved with the Mayor authorized to sign san~. Motion carried. 5. The Council considered Q-15, the quit claim of two eas~/~nts in the Southridge ~dition replat; Blocks 31 and 33. Motion was made by Nash, seconded by Gay that Q-15, the quit claim of two easements in the Southridge Addition replat; Blocks 31 and 33 be approved and the Mayor authorized to sign same. Motion carried. 6. The Council considered an Ordinance concerning disannexation of 590 feet frcm the annexation strip forming Denton's southernmost boundary. The following Ordinance was presented: ORDINANCE NO. 78-28 AN ORDINANCE OF THE CITY OF DEN~i~N, T~XAS, DISANNEXING CERTAIN PORTIONS OF LAND AS A PAR~ OF THE CITY OF D~N~IiN; AND DECLARING AN >.'~'~'m~fIVE 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. 7. The Council consider~l recc~mendation frc~ the Traffic Safety Support Commission concerning removal of parking on Ave. A, between Maple and Fannin. Rick Svehla briefed the Council. Mx)tion was made by Nash, seconded by Stewart to remove parking on Avenue A, between Maple and Fannin as recoal~ende~ by the Traffic Safety Support Cc~mission. Motion carried 4 to t. August 1, 1978 Continued 8. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 78-29 (J. Newton Rayzor) AN ORDINANCE AMENDING THE ZONING MkP OF THE CITY OF DENTON, TEXAS, AS SAME ~ ADOPTED AS AN APPZ2~)IX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO lOT 3, BLOCK 4028, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBSD THEREIN; AND. DECLARING AN EFFDCT1VE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE NO. 78-30 (Frank Martino) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ~S 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 117.77 ACRES OF LA~D MORE PARTICULARLY DESCR~B2D HEREIN; ASD DDCLARING AN ~:~'~'DCTIVE DATE. Motion was made by Nash, seconded by Hughes that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE NO. 78-31 (Tim Green) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DDNTON, TEXAS, AS SAME W~S ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF D~fON, TEXAS, BY ORDINANCE NO. 69-1, ABD AS SAID MAP APPLIET TO LOT 2.1, BLOCK 233-C, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AbD MORE PARTICULARLY. DESCRIBED THEREIN; AND D~CLAR/NG AN EFFECTIVE DATE. Motion was made by Nash, seoonded by Gay that the ordinaD~e be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (D) ORDINANCE NO. 78-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING APPZ~DIX B "ZONING ORDINANCE" (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES, ARTICT.~..q 7 AND 12 BY ADDING A DEFINITION FOR RESTAURANT; A~) DDCLAR/NG AN EFFDCTIVE 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. (E) ORDINANCE NO. 78-33 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE NATIDNAL ELDCTRI~ CODE, 1978 EDITION, WITH CERTAIN D~.T.~IONS ASD AM2~D~S; PRESCRIBING MINI~3M STANDARDS OF WORK, AND ~.TMIk~TING THE REQUIRZMENT OF A BOND; PROVIDING PENALTIES FOR VIOLATIONS OF THE NEW CODE; ASD DDCLARING AN EFFDCTIVE DATE. Motion was made by NashI seoonded by Stewart that the Ordinance be passed. On roll call vote Hughes"aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (F) ORDINANCE NO. 78-34 AN ORDINANCE CHANGING THE NAME OF A PORTION OF JAMES ST~E~? TO COUNTRY ~ ROAD; PBOVIDING A SEVERABILITY ~aJ3SE AAD DZELARING AN EFFDCTIVE DATE. I~tion was made by Stewart, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. August 1, 1978 Continued (G) ORDINA~NCE NO. 78-35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 16 tl~TITr.~D "FLOOD DAMAGE PREVENTION" BY D~.kWING SECTION 16-18 (6) CONCERNING FLOOD CONTOUR AND FLOODWAY CONTOUR L/NES ON FINAL PLATS; AND Dt~CLARING AN EFFEC- T IVE DATE. Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (H) ORDINANCE NO. 78-36 AN ORDINANCE AMENDING ORDINANCE NO. 78-24 BY ADDING ADDITIONAL LANGLIAGE TO CHAPTER 25, SECTION 25~49 (a) (1) CONCERNING THE COMPUTATION OF THE RESIDENTIAL SAW, AGE RATE; AND DECIARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" , Gay "aye" and Mitchell "nay". Motion carried 4 to 1. 9. The Council considered passing a Resolution authorizing the Mayor to execute a contract between the State of Texas and the City of Denton for install- ation of certain higb~ay traffic signals at Avenue A and Eagle Drive. The following Resolution was presented: AT A REGULAR MM.E~ING OF THE CITY COUNCIL OF ~ CITY OF DENTON, TEXAS, ~D IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A.D. 1978. RESOLUTION WHEREAS, the City of Denton is desirous of entering into a contract with the State of Tex~ for the installation and construction of traffic signals at the intersection of Avenue A and Eagle Drive; NOW, THEREFORE, BE IT RESOLVED ]BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the certain agreement dated August 1, 1978, between the State of Texas and the City of Denton for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals at the location shown on Exhibit 1 attached hereto and made a part hereof, in the City of Denton, be and the same is hereby approved, and the Mayor is h~reby approved,~ and the Mayor is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. PASSED AND APPROVED this the 1st day of August, A.D. 1978. /s/ JOE iviITCI-~R.T,L, MAYOR CITY OF DENTON, TEXAS ATI~ST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A%TORNEY Motion was made by Nash, seconded by Hughes that the Resolution be approved. On roll call vote Stc~wart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. August 1, 1978 Continued 10. The Council considered passing a Resolution suspending the Lone Star Gas Rate Request. City Manager Chris Hartung requested that the matter be suspended for 120 days. The following Resolution was presented: AT A RE6DV_AR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, p~.T.D IN THE ML~VICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A.D. 1978. RESOLUTION WHEREAS, on the 12th day of July, 1978, Lone Star Gas Co~pany, a Division of ENSERCH CORPORATION, filed with the City of Denton, Texas its Statement of Intent to Change Residential and Cc~mercial Rates in the City of Denton, Texas; and WHEREAS, pursuant to the provisions of Section 43(d) of Article 1446c V.A.C.S., the City of Denton desires to suspend the operation of the schedule of rates for a period of 120 days beyond the date on which the schedule of rates would otherwise go into effect in order to gather all the necessary information and properly review and analyze said information pertaining to the Statement of Intent to Change Residential and Ccramercial Rates; and WHEREAS, the effective date of the proposed change is August 17, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~VfON, TEXAS: That the effective date for the proposed.~change in the reSidential and ccmuer- cial rates for gas in the City of Denton, Texas, by Lone Star Gas Company, a Division of ENSERCH CORPORATION is hereby suspended for a period of 120 days beginning August 17, 1978, so that the City will have sufficient time to gather information and review and analyze the proposed change. PASSED AND APPROVED THIS the 1st day of August, A.D. 1978. /s/ JOE MITCNR. T.L, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ B~0OKS HOLT, CITY S~CRETARY APPROVED AS TO T,EC-iAL FORM: /s/ PAUL C. ISHAM, CITY A_u-~ORNEY Motion was made by Stewart, seconded by Gay that the Resolution be passed. On roll call vote Hughes "aye", Nash "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 11. The Council considered ratification of the Parks and Recreation Board's naming of Roberts Field--the varsity field at Mack Park. Motion was made by Nash, seconded by Hughes to ratify the name of varsity field at Mack Park to Roberts Field. Motion carried. 12. The Council considered a reccnm~ndation frc~a the Planning and Zoning Cc~mission which would authorize a halfway house as a legal land use in Office (O) zoning classification as a minimum zone, with a specific use permit possible in all more restrictive zones. Roland Harvey, Crisis Center representative, stated that they needed multi-family rather than office. He added he was not running an office. Both Council Members Gay and Nash recuL~nded a specific use permit. August l, 1978 Continued Mr. Harvey stated that this would take too much time and that time at this point was very important. Motion was made by Hughes, seconded by Stewart to approve tb~ rec~,LL- endation of the Plann/ng and Zoning Co~zaission which would authorize a halfway house as a legal land use in Office (0) zoning classification as a minimu~u zone, with a specific use penuit possible in all more restrictive zones. Motion carried. 13. The Council considered a Resolution asking the County District Attorney to request an Attorney General's opinion concerning indigent health care. Council Member Hughes requested that the words health care or health depazh~nt be deleted, that this Resolution addresses Flow Hospital only. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, Hk~n IN THE ~JNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A.D. 1978. RESOLUTION WHEREAS, the City of Denton and County of Denton organized a public hospital pursuant to the provisions of Texas Revised Civil Statutes, Article 4494i-1; and WHEREAS, said hospital is named Flow Memorial Hospital; and WHEREAS, the City has made contributions each year to Flow M~norial Hospital to cover operating expenses that exceed operating revenues; and WME. REAS, the City of Denton is of the opinion that the Cc~missioners' Court of Denton County, Tex~, is responsible for paying the medical and hospital bills of paupers or indigent county residents treated at public health facilities; ~ud WHEREAS, the amount the City of Denton would have to contribute to Flow Memorial Hospital would be significantly changed if the County paid the indigent health and hospital costs; and WHEREAS, it is in the best interest of the City and County residents for t/qe County-District Attorney of Denton County, Texas to request an Attorney General's Opinion concerning the responsibilities and liabilities for indige~nt health care costs in Denton County. NOW, THERFi~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEAS~iN, TEXAS: That Jerzy Cobb, the County-District Attorney of Denton County, Texas, is hereby requested to submit a request to the Attorney of Texas for an opinion as to whether the Ccz~.;ssioners' Court of Denton County is obligated, as a matter of law, to pay the hospital bills of indigent county residents for services rendered by Flow Memorial Hospital, and t/ae City Secretary is directed to transmit a certified copy of this Resolution to Jerry Cobb, County-District Attorney. PASSED AND APPROVED this the 1st day of August, A.D. 1978. /s/ JOE MITCP~ZLL, MAYOR CITY OF DENTON, TEXAS A~TEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY AS~ORNEY Motion was made by Stewart, seconded by Nash to approve t_he Resolution with deletions. On roll call vote Hughes "aye", Nash "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. August 1, 1978 Continued 14. The Council considered County funding of ambulance service. The City Manager suggested that the County be billed for the cost of ambulance service and the Council establish a date when the City will no longer provide ambulance service in the County unless cost agreement is developed, and to contract with other County cities for ambulance service. He added that 38% of tb~ runs thus far were outside the corporate limits of Denton. King Cole, Assistant City Manager, in a memo advised that there were two conceivable formulas for charging the County for this service: (A) We can charge the County for 38% of the losses, based on the percentage of runs made in the County. Under this formula the bill would be 38% x $24,278 = $9,255.64. (B) We can charge the County for service based on the $2.00 per capita that we have discussed in the past. Under this formula, the bill would be 72,744 divided by 12 months x 2 months x $2.00 = $24,248.00. Motion was made by Nash~ seconded by Hughes to approve option "B" using $1.50 instead of $2.00 per capita and requested that the County resolve the problem by October 1, 1978. Motion carried. 15. The Council considered a proposal by Lifson, Wilson, Ferguson and Wineck, Inc. for a site plan study of the service center. The City Manager stated that a proposal has been presented and that the Utilities Board had recc~mended approval of the site plan study of the service center. Mayor Mitchell stated that the City needs to cut expenditures, and he asked if City employees could do this job. Motion was made by Hughes, seconded by Nash to hire Lifson, Wilson, Ferguson and Wineck, Inc. for a site plan study of the service center. Motion carried 4 to 1. 16. The Council considered receiving the proposed budget for 1978-79 and considered setting special study sessions to discuss the budget proposals. The City Manager presented copies of the proposed 1978-79 budget to each Council Member. He acknowledged the good work of the Staff in preparing the budget, adding that the final approval would be in late September. The Council concurred to set the first study session on Wednesday, August 9, 1978 at 12 noon. 17. CONSENT AGENDA: Motion was made by Gay, seconded by Stewart to approve the following cOnsent AgeDda. Motion carried. (A) REFEPaALS: The following petitions were referred to the Planning and Zoning CuL..~ission for its recor~endations: (1) Z-1346, the petition of Mr. Grant Jacobson, seeking a change in zoning from Agricultural (A) to Planned Development (PD) classification permitting zero lot ]~ne, detached, single family hc~es on 18 acres located west of Stuart, north of Driftwood, and south of Manhattan. (2) Z-1345, the petition of Mr. Grant Jacobson, seeking a change in zoning frem ~3ricultural (A) to Single Family (SF-7) classification on 23 acres located west of St~mrt, north of Driftwood, and south of Kings Row. (3) Z-1347, the petition of Mr. Grant Jacobson, seeking a change in zoning from Agricultural (A) and Planned Development (PD) to Single Family (SF-7) classification on 2.2 acres located on the west side of Stuart Road near the intersection of Stuart and Manhattan. August 1, 1978 Continued (4) Z-1343, the petition of Mr. Ben Chastain, seeking a change in zoning frc~ Single Family (SF-7) to Office (0) classification on a .65 acre tract located at the southernmost intersection of Myrtle and Fort Worth Drive. (B) BIDS: (1) ~8581 Tz~ck Cabs/Cha~is and Roll-off Frame 50,000 GVW Truck Cab/Chagsis awarded to ~,V~haney, International at $37,251 each{ and Roll-off Frame to Industrial Disposal Supply at $10,497 each. (2) ~8584 Distribution Transformers Awarded as follows: K~A ITEM BIDDER SIZE QUANTITY UNIT PRICE TOTAL PRICE 1 WESCO 112 4 1,975 7,900 2 WESCO 225 3 2,737 8,211 3 Graybar 300 1 3,018 3,018 4 ~ESCO 1500 4 8,360 33,440 5 WESCO 2500 3 12,500 37,500 6 Graybar 15 20 270 5,400 7 VAN TRAN 25 15 445 6,675 8 VAN TRAN 250 3 1,800 5,400 9 VAN TRAN 333 4 1,213 8,852 (3) 934285 Purchase Order over $3,000 (Repair of cooling fan on cooling tower) approved for payment in the amount of $4,865 to Howden Company, Inc. (4) #8579 15 KV Switch Gear Awarded to System Control Corporation at a price of $103,548 with a 26 week delivery. 18. The Council adjourned into Executive Session at 10:15 p.m. to consider Board appoin~r~nts, discuss personnel and litigation. 19. The Council reconvened into Public Session at 11:56 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:58 p.m. MAYOR City Council August 9, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Wednesday, August 9, 1978 at 12:00 noon in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes; City Manager Chris Hartung, Assistant City Managers~JgckOwen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council considered policy on consun~ption of alcohol in City Parks. The City Manager recommended that the matter be referred to the Parks and Recreation Board for its recommendation. Motion was made by Stewart, seconded by Hughes that the matter be referred to the Parks and Recreation Board for its recommendation. Motion carried. 2. The Council adjourned into Executive Session to consider litigation (Tranthamvs. Holt) and discuss Board appointments. 3. The Council reconvened into Public Session. 4. T~e Council held a study session on the 1978-79 Budget. No official action was taken. $. The Council considered instructing the City Attorney in Tranthamvs. Holt litigation. Motion was made by Gay, seconded by Hughes to instruct the City Secretary to authorize the City Attorney to appeal Judge Cooke's Order in the lawsuit of Tranthamvs. Brooks Holt. Motion carried unanimously. Meeting adjourned at 4:50 p.m. MAYOR CITY SECRETARY 10 City Council August 11, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Friday, August 11, 1978 at 12:00 noon in the City Manager's office. PP~ESENT: Mayor Pro Tern Gay, Members ...... Hughes, and Stewart; City Manager Chris Hartung, Assistant City Secretary King Cole and City Planner John Lavretta, .and Mayor Mitchell. ABSENT: Council Member Nash, City Attorney Isham and City Secretary Brooks - Holt. 1. The Council considered applying for the Community Development Block Grant Program. City Planner John Lavretta briefed the Council on the proposed Co~nunity Development Block Grant Program. Lavretta explained that the City has been asked to apply for a 1.5 million grant for community development over the next two years. Lavretta further explained that the application required a Housing Assistance Plan and the Housing Assistance Plan calls for the rehabilitation of Dreamland Apartments by HUD and the construction of 12 new units of public housing to be built by HUD. Council Member Stewart stated that he would not vote for the application with the 12 units of new construction. Stewart felt that this housing would deteriorate and become a slum area. There was a motion by Hughes, seconded by Gay to authorize the Staff to prepare the necessary documents and submit the application to HUD. Council Member Stewart stated that he would not vote for the application and it would therefore fail. Hughes and Gay withdrew their motion. Mayor Mitchell came to the meeting and was briefed on the program. Motion was made by Hughes, seconded by Gay to authorize the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the Mayor to act in connection with the application and to provide such additional information as may be required. Motion carried 3 tol. ~eeting adjour~e& at 2:O0.p.m. MAYOR ,~ 11 City Council August 15, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, August 15, 1978 at 7:00 p.m. in the Council Chamber of the ~v~nicipal 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 Assistant City Secretary King Cole. ABSENT: City Secretary Brooks Holt 1. The Council considered the minutes of the Regular Meeting of August 1, 1978 and the Special Called Meeting of August 9, 1978. Motion was made by Stewart, seconded by Hughes that the minutes be approved with the following changes: (A) That item 4 on the minutes of August 9, 1978 be deleted. (B) That the following motion be added to the minutes of the meeting of July 10, 1978: Motion was made by Stewart, seconded by Gay that Board and Commission Members be approved as follows: (type complete list of members). Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1341, the petition of Mr. Tom Jester, requesting a change in zoning from Single Family (SF-?) to General Retail (GR) classification on a two acre tract located on the southern third of the block bounded by Avenues E and D, Eagle, and the 1-35E service road. Tom Jester and Tom Fours spoke in favor of the petition. Louise Evans spoke in~ opposition, and was concerned that this would hurt the value of her property, and stated that she was speaking for several residents of the area. John Steadman spoke in opposition, stating that the planned use offered no protection for price or liveability of adjacent property. Mr. Jester, in his rebuttal, stated that property values should go up instead of down and that protection landscaping would be offered. John Lavretta, City Planner, stated that more than 20% of the adjacent property owners were in opposition, therefore, a 4/5 vote would be required. Motion was made by Nash, seconded by Hughes that the petition be tabled until further information could be gained from someone representing NTSU. Motion carried 3 to 2. (B) A public hearing was held on Z-1339, the petition of Mr. R. W. Higgins, requesting a change in zoning from Single Family (SF-7) to Multi-Family (~qF-1) classification on .68 acre located on the south side of Greenlee Street immediately west of the intersection of Greenlee and Neff Streets. Mayor Pro Tern Gay told the Council that she was abstaining because the petitioner works for her. R. W. Higgins spoke in favor of the petition. Four citizens living within close proximity to the property spoke in opposition, stating that they were unclear on the plans for us e of the property and that they felt he was seeking the zoning purely for its speculative value. John Lavretta, City Planner, stated that 12 letters were mailed with 8 returned in opposition and none in favor, which would require a 4/5 vote of the Council for approval. Motion was made by Nash, seconded by Stewart that the petition be denied. Motion carried 3 to 1, with Mrs. Gay abstaining. August 15, 1978 Continued 3. The Council considered Q-16, the quit claim of the southern 5 feet of a 10 foot utility easement located on Lot 27, Block 2 of Mack Place Addition. Motion was made by Stewart, seconded by Gay to approve the quit claim. Motion carried. 4. The Council considered site plan approval for a portion of Planned Development 17. Motion was made by Nash, seconded by Hughes to approve PD17, known as the Motor Addition, as reco~nended by the Planning and Zoning Con~nission. Motion carried. 5. The Council considered adopting an Ordinance removing parking on the north and south sides of Avenue A between Maple and Fannin Streets. The following Ordinance was presented: ORDINANCE NO. 78-37 AN ORDINANCE RtB~OVING PARKING ON THE EAST AND ~EST SIDES OF AVENUE A BE~TEEN MAPLE AND FANNIN STREETS; PROVIDING A SBVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE.. Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 6. The Council considered passing a Resolution creating an "Emergency Medical Service Advisory Board" and establishing terms for Board Members. 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 1STH DAY OF AUGUST, A.D. 1978. RE S O LUT I ON WHEREAS, the City of Denton con~nenced providing ambulance service for the City of Denton and a large portion of the County of Denton on June 1, 1978; and WHEREAS, the City is desirous of maintaining a high standard of emergency medical care in the City and County of Denton; and WHEREAS, the City is of the opinion that at "Emergency Medical Service Advisory Board" should be established in order to monitor the emergency services provided in the City and that portion of the County served by the ambulances operated by the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: An Emergency Medical Service Advisory Board is hereby created and is to be composed of 12 members appointed by the City Council for three (3) year terms. The Board Members shall have staggered terms with four members being appointed during each year. At its inception, the City Council shall appoint four (4) members to the Board for a three (3) year term, four (4) members to the Board for a two (2) year term, and four (4) members to the Board for a one (1) year term. Vacancies shall be filled in the same ~anner provided for regular appointments. At the first meeting each year after new members have been sworn in, the Board will select from its own membership a chairman, vice-chairman and secretary. Any seven of the regularly appointed members shall constitute a quorum. The Board shall determine its own rules and order of business, a~d shall meet as necessary. It shall be the duty of the Board to act in an advisory capacity to the City Council and to assist in the coordination of all emergency medical services with authority to study and recommend policies relating to the planning, performance August 15, 1978 Continued and related matters involving emergency medical services in the City of Denton and the portion of the County of Denton served with emergency medical services provided by the City. In addition, the Board will formulate, coordinate and adopt policies and procedures regarding the emergency medical care and service relationship between emergency medical technicians and paramedics, and the medical and hospital community. PASSED AND APPROVED this the 15th day of August , A. D. 1978. Is~ JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SEGRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ ~AUL C~ iSF[A~,- CITY' ATFORNEY CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Gay to approve the Resolution. Motion was then made by Stewart, seconded by Nash to amend the Resolution by having 9 Board Members rather than 12 as called for in the Resolution. Motion failed 3 to 2. On roll call vote to consider the original motion, Hughes "aye", Nash "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 7. %~e Council considered an Ordinance annexing two tracts of land east of Mayhill Road and Interstate Highway 35E on the petition of Roy A. Bentley and C. W. T inney. The following Ordinance was presented: ORDINANCE NO. 78-38 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 TWO TRACTS OF LAND, TRACT I CONTAINING. 20.065 ACRES AND TRACT II CONTAINING 60,223 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 950, B. WALKER SURVEY, ABSTRACT NO. 1330 AND D. LOMBARD SURVEY, ABSTRACT NO. 784, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by gay, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 8. ZONING ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 78-39 (Frank Martino) 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 APPROXIMATELY 47.8 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 EFFBCTy. I VE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. August 15, 1978 Continued (B) ORDINANCE NO. 78-40 (George C. Goen) ;~ 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 APPROXIMATELY 16 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 Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "nay", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. (C) ORDINANCE NO. 78-41 AN ORDINANCE BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX B "ZONING ORDINANCE" (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES ARTICLE 7 BY ADDING "HALFWAY HOUSES" TO CERTAIN ZONING DISTRICTS; AND DECLARING AN EFFEC- T IVE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (D) ORDINANCE NO. 78-42 (Bentley & Tinney) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS S;~I~E WAS ADOPTED AS AN APPENDIX TO THE] CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 60.223 ACRES OF LAND, MORE OR LESS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DF~NTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING ~ EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 9. The Council considered setting an agenda for the August 22nd study s ess ion. The Council agreed to hold a budget session at 5 p.m. on Tuesday, August 22, 1978. 10. CONSENT AGENDA: Motion was made by Hughes, seconded by Stewart 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-1343, the petition of Mr. Ben Chastain, requesting a change in zoning from Single Family (SF-7) to Office (0) classification on .65 acre located at the northwest corner of the intersection of Ft. Worth Drive and Myrtle Street, as well as a small portion of excess street right-of-way. ~ (2) Z-1349, the petition of Den Mac Corporation, requesting a change in zoning from Agricultural (A) to Single Family (SF-10) classification on 39.7 acres located east of Timber Oaks Estates and southeast of the Southridge Addition. August 15, 1978 Continued (B) BIDS: (1) #8S86, Miscellaneous Water & Sewer Supplies, awarded as follows: Section A-Brass goods to the low bidder, Trans Tex Supply ~-Crub stop ball valves to the low bidder, Industrial International Section C-Full Circle Pipe Clamps to the low bidder, Fitting Supply Section D-Full Circle Tapped Pipe Clamp to the low bidder, Universal East Section E-Pipe Repair Clamps to the low bidder, Trans Tex Supply Section F-Compression Couplings to the low bidder, Bowles & Eden Section C-Meter Couplings to the low bidder, Bowles & Eden ~-Fire Hydrants and Extensions to the low bidder, Trans Section 1-Gate Valves to the low bidder, Trans-Tex Supply ~-{55-~-Tapping Valves to the low bidder, Trans-Tex Supply Section K-T&pping Sleeve/Tee to the low bidder meeting ~fcations, Trans-Tex Supply Section L-Tapping Saddles to the low bidder, Bowles & Eden ~-Manhole Rings & Lids to the low bidder, Fitting Supply ~-~-Bronze Cate Valves to Fitting Supply SeCtion O-Valve Boxes to the low bidder, Fitting Supply Section P-Water Meter Boxes to the low bidder, Fitting Supply (2) #8587, Annual Supply of Cast Iron Pipe and Ductile Iron Pipe awarded as follows: Lone Star Steel--all sizes of cast iron pipe and lubricant soap G~--all sizes of ductile iron pipe (3) #8588, Clay pipe, awarded as follows: Can-Tex Industries--all sizes of pipe and lubricant soap Can-Tex Industries--adapters (4) #8591, Utility Power Poles, awarded to the low bidder, Temple Incorporated, with the alternate awarded to Colefax Creosoting. 11. The Council considered Board appointments. Motion was made by Stewart, seconded by Nash to appoint Dave Thomas to the Airport Board. Motion carried. Meeting adjourned at 9:15 p.m. C IYY~SECRETARY (As§istant) City Council September 5, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, September 5, 1978 at 7:00 p.m. in the Council Chamber 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. Council Member Stewart was delayed. He attended the last few minutes of the open meeting and all of the Executive Session. 1. Motion was made by Gay, seconded by Hughes that the minutes of the Regular meeting of August 15 and the Special Called Meeting of August 11 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) The scheduled public hearings on the petitions of Grant Jacobson were not heard since Mayor Pro Tem Gay and Council Member Nash abstained. Motion was made by Hughes, seconded by Mitchell that Z-1345, Z-1346 and Z-1347, petitions of Jacobson, be tabled until a full Council is present. Motion carried. (B) A public hearing was held on Z-1343, the petition of Mr. Ben Chastain, requesting a change in zoning from Single Family (SF-7) to Office (0) classification on .65 acre located at the northwest corner of the intersection of Fort Worth Drive and Myrtle Street, as well as a small adjacent portion of excess street right-of-way. One spoke in favor and none in opposition. Motion Was made by Gay, seconded by Hughes that the petition be approved. Motion carried. (C) A public hearing was held on Z-1349, the petition of Den Mac Development Corporation, requesting a change in zoning from Agricultural (A) to Single Family (SF-IO) classification on 39.7 acres located east of Timber Oaks Estates and southeast of the Southridge Addition. One spoke in favor and one in partial opposition. Motion was made by Gay, seconded by Nash that the petition be approved. Motion carried.. (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 Sanger and Riney Roads. No one spoke for or against the petition. After hearing a report from the City Planner, motion was made by Nash, seconded by Hughes that the petition be approved. Motion carried. (E) A public hearing was held on Z-1344, the petition of Mr. Ed Stapleton, requesting a change in zoning from Multi-Family (MF-1) to Office (0) classification on .35 acre located at 1302 West Oak. This is the northwest corner of Oak and Fry Streets. After hearing 1 proponent and none in opposition, motion was made by Hughes, seconded by Gay that the petition be approved. Motion carried. 3. (A) The Council considered Z-1341, the petition of Mr. Tom Jester, request- ing a change in zoning from Single Family (SF-7) to General Retail (GR) classifi- cation on two acres located on the southern third of the block bounded by Avenues E and D, Eagle, and the 1-35E Service Road. (This petition was tabled at the last regular meeting.) Motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. lB) Z-1342-Public hearing held on John Porter's request to change from (A)~ to (GR) 4 .9 acres on south side of 1-35E, at intersection of Loop 288. Motion was made by Gay, seconded by Nash that the petition be approved. Motion carried. September 5, 1978 Continued 4. The Council considered recommendation from the Traffic Safety Support Commission concerning parking restrictions for Sherman Drive from Bolivar to Hercules. Following a briefing by Rick Svehla, the Mayor invited those present to make comments relative to parking restrictions. Mrs. Paul Weathers of Bell Avenue and Sherman Drive, was concerned with no parking in front of her home. Marvin Loveless was concerned with the narrow street and the island at Sherman Drive and Woodland. He recommended no parking on the south side of Woodland and suggested a stop sign at entry to Woodland from Sherman. Mr. Bowman was concerned with Stuart Lane and Sherman Drive intersection. Joe Bailey asked for 100 feet of no parking on the east side of North Locust, north of Sherman Drive. Dan Leander stated that he was against no parking on both sides of Windsor, the widened portion west of Sherman, but parking on the narrow section of Windsor farther west. Motion was made by Hughes, seconded by Gay to accept the recommendations of the Citizens Traffic Safety Support Commission, but to request that they re- look at Bell Avenue and Sherman and re-design Windsor at Sherman Drive to 2 lanes rather than 3. Motion carried. 5. Mr. L. G. Melton appeared and discussed utilities and other general matters. 6. The Council considered allocation of the contingency funds in the 1977 Community Development Block Grant. John Lavretta, City Planner, briefed the Council. Motion was made by Hughes, seconded by Nash to accept the recommen- dations of the Staff on the allocation of $20,000 of c'ontingency'funds with 1977' Development Block Grant as follows: Demolition Program $12,000 Drainage Improvements- $ .6,000 Housing Program $ 2,000 It was further recommended that~if additional money is netmeeded by either the housing program or the drainage project that all contingency funds would revert to the demolition program. Motion carried. 7. The Council considered recommendation from the Planning Commission concerning the Capital Improvement Plan. John Lavre%t&,.City Planner, reviewed the program. Motion was made by Gay, seconded by Hughes to accept the recommendat- ions of the Planning and Zoning Commission for the 1978-1983 Capital Improvements Plan. Motion carried. 8. The Council considered recommendation of the Human Resources Committee concerning partial funding of an Information and Referral Service. Homer Reese, Denton County Community Council, requested that the City grant a partial funding to operate an Information and Referral Service in Denton. He provided a copy of the proposed 1979 Budget. Motion was made by Hughes, seconded by Mitchell to instruct the Staff to look for funds for the Information and Referral Service in Denton. Motion carried. September 5, 1978 Continued 9. The Council considered authorizing the Staff to begin the process of selecting a consultant for the housing study. John Lavretta, City Planner, stated that the 1978 Community Develop- ment Grant does contain an allocation to fund the housing study, and $14,500 would be available for consultant services. He suggested the following as elements of the study; (A) A projection of the population growth the City will experience. (B) An assessment of the capacity of our housing industry to ' meet housing demands. (C) Basic review of the City's ordinances, policies, and housing programs to determine whether they adequately serve our goals. Lavretta also requested that a preliminary search for a consulting firm be under- taken. Motion was made by Nash, seconded by Gay to authorize the Staff to begin preliminary work in selecting a consultant for the housing study. Motion carried. 10. The Council considered renewal of the contract with Professional Appraisal Company. The City Manager stated that the combined cost of the City and School would be $18,000, with the City to pay $7,200 of this amount. Motion was made by Nash, seconded by Hughes to authorize a contract with Professional Appraisal Company, Inc., of Arlington for property appraisal in the City of Denton and the Denton Independent School District. Motion carried. 11. The Council considered an ordinance repealing the 1% City Sales Tax on residential gas and electric services. The following Ordinance was presented: ORDINANCE NO. 78-43 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE ONE (1%) PERCENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC SERVICES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordinahce be passed. On roll call vote Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 12. The Council considered an ordinance establishing traffic control signals at the intersections of Bell Avenue and Sherman Drive and Eagle Drive and Carroll Boulevard. The following Ordinance was presented: ORDINANCE NO. 78-44 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF EAGLE DRIVE AND CARROLL BOULEVARD AND AT THE INTERSECTION OF BELL AVENUE AND SHERMAN DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFORE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Nash that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 13. The Council considered setting the agenda for the September 12, 1978 Study Session. The City Manager stated that he would like to discuss plans for Avenue E and Bonnie Brae and hear Staff reports. September 5, 1978 Continued 14. CONSENT AGENDA: Motion was made by Nash, seconded by Hughes 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-1348, the petition of Mr. jim Carter, the Denton Housing Authority, requesting the zoning classification be changed to permit an Office (0) use in a Planned Development (PD-2) district located at 2501 Bell Avenue. (2) Z-1350, the petition of Mr. Mike Rummell, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on property located on the north side of West U.S. 380, immediately west of the Santa Fe railroad tracks. This is the Rummell Oil Company. (3) Z-1351, the petition of Mr~ C. A. Ginnings, requesting ~ annexation and Single Family (SF-7) zoning on 4.9 acres located on the east Or) side of Stuart Road, no~th of Hercules. ~ (4) Z-1352, the petition of Mr. C. A. Ginnings, requesting EL] annexation and Two Family (2-F) zoning classification on 1.3 acres located at ~ the northeast corner of Stuart and Hercules. (5) Z-1352, the petition of Mr. C. A. Ginnings requesting a change in zoning from Single Family (SF-7) to Two Family (2-Fi classification on 2.6 acres located at the southeast corner of Stuart and Hercules. (B) BIDS: (1) #8592, Pc~er Transformer Equipment, awarded to the lowest and best evaluated bid of C~neral Elects-it for a total of~ $115,576 plus 'escalation --- based on BLS-labor' index of $5.51-and material, index of 237,5. ~ (2) #8595, 12" Sewer Pipe, awarded to the low bidder, Mastell-Cox Sales, Inc. of Arlington, Texas for Carlon Pipe @$3.80 per foot for a total bid of $3,800 with delivery in 10 days ARO. (3) #8596, PVC Conduit, awarded to Priester Supply Company at $9,793.09 with delivery in 3 to 4 weeks. (4) #8597, Trencher & Trailer, awarded as follows: Item #1 to Witch Equipment Co. at $14,756.17 Item #2 to Aardvark Trailers at $1,035 Item #3 to Witch Equipment Co. at $1,342~89 (C) Change Order to purchase order #3276~'"~nS~'llation o~ lighting and wiring system for park project, approved in the increased amount of $4,649 to Blackburn Electric Service. 15. The Council considered Tax Adjustments for the month of July, 1978. Motion was made by Hughes, seconded by Gay that the Tax Adjustments for July, 1978 in the amount of $15,522.84,~th~ Supp~em~taJ Tax'R~]l~$3~.79 and the Re~l Estate AdJustments-$2~,6~O~Z6-'be~a~pr6v~. Motion carried. 16. There follows the addenda to the agenda: (A) The Council considered a letter of concurrence for the North Texas Education and Training Co-op, Inc. to be program operator for CETA-funded activities conducted in the City of Denton. Motion was made by Hughes, seconded by Nash to the Mayor to sign a letter of concurrence for the North Texas Education and Training Co-op, Inc. to be program operator for CETA-funded activities conducted in the City of Denton. Motion carried. September 5, 1978 Continued (B) The Council considered a contract with the County for funding of ambulance service. King Cole briefed the Council on the ambulance service. The Council discussed the problems encountered with the County. No official action was taken. 17. The Council adjourned into Executive Session at 10:45 p.m. to discuss land acquisition on Bonnie Brae and acquisition of an easement, discuss litigation and consider Board appointments. 18. The Council reconvened into Public Session at 11:40 p.m. 19. Motion was made by Stewart, seconded by Gay that the following citizens be appointed to the following Boards; Flow Memorial Hospital Board Bob Nichols (appointed for a 2 year term) Emer~encs Medical Services (AdvisorS Board) Boots Cooper, M.D., Westgate Hospital Gil Adami, M.D., Westgate Hospital Charles McAdams, M.D., Flow Memorial & Westgate Hospitals William McCormick, M.D.,.Westgate Hospital John Anderson,.M.D., Flow Memorial & Westgate Hospitals Jack Gentry, Fire Chief, Denton Fire Department Susan Conn, R.N., Westg~te Hospital Donny Erwin, P.M,, Denton Fire Department Roy Kindrick, M.D., Flow Memorial Hospital B. P. Little, M.D., Flow Memorial Hospital Jim Feldman, M.D., Flow Memorial & Westgate Hospitals John Shaw, EMT, Denton Fire Department Motion carried. Meeting adjourned at 11:45 p.m .... ~ city Council 21 September 12, 1978 Special Called Meeting of the City of Denton City Council, Tuesday, September 12, 1978 at 7:00 p.m. in the Civil Defense Room. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, M~mbers Hughes, Stewart and Nash; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and Assistant City Secretary King Cole. ABSENt: City Secretary Brooks Holt. 1. A public hearing was held on the 1978-79 Budget. The Mayor opened the public hearing and took questions and comments from the audience regarding the 1978-79 Budget. Leonard Watson, ~lministrator of Flow Hospital, inquired into the status of funds for Flow Hospital. Roberta Donsbach, Administrator of SPAN, appeared before the Council to answer some previously asked questions about the SPAN program. The public hearing was closed. 2. The Council considered plans and specifications for improvements to Bonnie Brae and Avenue E. Rick Svehla, City Engineer, breifed the Council on tb~ proposed sequence of construction of Avenue E and Bonnie Brae. The Council heard a number of citizens express concerns about pedestrian safety, how the street construction would affect their business and how the proposed construction would match NTSU's Master Plan. After an extensive discussion with the Staff and the citizens in attendance, the Council direc%ed the Staff to bring them more information on the Eagle Drive, Avenue E intersection and NTSU's Master Plan of street improvements in that area. 3. The Council considered removal of parking meters near NTSU, Hickory Street, Fry Street and Avenue A. King Cole, Assistant City Manager explained to the Council that the City of Denton had only 89 parking meters left in the entire City. He stated that the meters were 10 to 15 years old add worn out, and rec~lL~nded that the Council consider alternative methods of controlling parking in this area. Motion was made by Nash, seconded by Hughes. to refer this matter to the Citizens Traffic Safety Support Cc~mission, and ask them to consider alter- native methods of controlling parking in this area. Motion carried. 4. The Council considered a proposal from Texas A&M for a street inventory of Denton, and a proposal from NTSU to conduct a citizen survey. City Manager Chris Hartung explained to the Council that Texas A&M was proposing to provide technical assistanc~ to the City of Denton to develop a major maintenance schedule in conjunction with Denton's present plans for seal coating and capital improv~aents to emphasize repair, upgrading or cc~Nplete reworking of those streets with the most critical need. Hartung explained that the proposal further stipulated that the City Staff would be trained to continue the use of the inventory system beyond the project's ccmpletion. The proposed cost of this project is $4,728. Hartung further stated that the Applied Policy Research Pro~ram of NTSU proposed to contract with the City of Denton for the purposes of designing and administering a citizen survey, a~a]yzing and reporting the results of the survey, and developing a citizen survey model for use by the City on an annual basis. He stated that NTSU had applied for a grant to expand the base of the citizen survey through the use of neighborhood meetings. The proposed cost of the citizen survey is $5,148.92. It was the consensus of the Council after hearing these proposals that they should hold off on a final decision until the proposed budget for 1978-79 was finally adopted. September 12, 1978 Continued 5. The Council considered the proposed 1978-79 Budget. Motion was made by Stewart, seconded by Nash to fund Flow Memorial Hospital and the Denton City-CouJlty Health Depa~.L~nt at a rate equal to 1/2 of Denton County's annual contribution. The Hospital funding will be subject to receiving an opinion from' the Attorney General's Office concerning financial responsibility for hospital indigent care. Motion carried. 6. The Council adjourned into Executive Session at 10:30 p.m. to discuss Board appointments, litigation on McCormick Street drainage, Personnel and B lasdell & Biddy vs City of Denton. 7. The Council reconvened into Public Session at 12:20 a.m. to announce that no official action was to be taken. Mseting adjourned at 12:22 a.m. ASSISTANT CITY S~2~TARY City Council September 19, 1978 Regular Y~eting of the City Council of the City of Denton, Texas, Tuesday, September 19, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Build- ing. PRESW. NT: Mayor Mitchell, Mayor Pro Tem .Gay, Members Hughes, 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 Gay, seconded by Hughes that the minutes of the Regular Mmeting of the City of Denton City Council of September 5, 1978 add the Special Called Meeting of September 12, 1978 be approved. Motion carried. 2. The following Ordinances were presented: (A) ORDINANCE ~78-45 (Den Mac Developmsnt Corporation-Z-1349) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DEhDD21N, TEXAS, AS SAME ~AS ADOPTED AS AN APPtlXDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 38.7 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFIC/_AL 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 Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE ~78-46 Olrkie Miller-Z-1336) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CItY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLT~ TO LOT NO. 4.1, BLOCK NO. 444E, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF D~VI~DN, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AhD DSIiLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Mitchell that th~ Ordinance be passed. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE %78-47 (John Porter-Z-1342) AN ORDINANCE AMtl~DING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ~AS ADOPTED AS AN APPF/~DIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATEI.Y 4.9 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye" "aye" , Gay and Mitchell "aye" . Motion carried. (D) ORDINANCE ~78-48 (Ill Stapleton-Z-1344) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TtD2AS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, ~/~D AS SkID MAP APPLI~Iq TO LOT NO. 12, BLOC~K NO. 499, AS SHO~I~ THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRI~RD THEREIN; AND D~CLARING AN EFFt~TIVE 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. (E) ORDINANCE #78-49 (Tc~ Jester-Z-1341) 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 DIlXIPON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SkID MAP APPLIES TO LOTS 6, 7, 7.1, AhD 8, BLOCK NO. 3003, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, ~2qD MORE PAR~I~Y DESCR/~D THEREIN; AND DECLAR//~G AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and l%itchell "aye". Motion carried. Septembe~~ 19, 1978 Continued (F) ORDINANCE ~78-50 (Ben Chastain-Z-1343) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDZ%ANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY .65 ACRES OF LAND, MORE OR LESS, AS SHC~N THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECrIVE DATE. Motion was made by Gay, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", .Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 3. The Council considered calling a public hearing for October 3, 1978 on the annexation request of Mr. C. A. Ginnings regarding the annexation of 6.2 acres located on the east side of Stuart Road, north of Hercules. Council Member Nash abstained. ~tion was made by Stewart, seconded by Hughes that a public hearing be called for October 3, 1978 on the annexation request of Mr. C. A. Ginnings regarding the annexation of 6.2 acres located on the east side of Stuart Road, north of Hercules. Motion carried with Nash abstaining. 4. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEAWfON, TEXAS, F~r.D IN THE MUNICIPAL BUITDING OF SA]ID CITY ON THE 19TH DAY OF SEPT~V~BER, A.D. 1978. RESOLUTION WHEREAS, the City of Denton, Texas has a history of involving its citizens in all faoets of decision making; and WHEREAS, the City of Denton will continue to be involved in the Conm~unity Development Advisory Committee in order to assure citizen participation in all stages of the grant process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~iON, TEXAS: 1. That there is ~reby created a Conmunity Development Advisory Cc~nittee to be composed of nine (9) members appointed by the City Council for two (2) year terms. The Committee members shall have staggered terms with five (5) members being appointed during even numbered years and four (4) members being appointed during odd numbered years. At its inception, the City Council shall appoint five (5) members to the Cc~nittee for a two (2) year term and four (4) members to the coranittee for a one (1) year term. Members of the committee may be removed by tlae City Council for cause. Vacancies shall be filled in the same manner provided for regular appointments. 2. That the City Manager or his designee shall be an ex-officio m~nber of the committee. He shall attend all meetings of the con~ittee and shall have the right to discuss any matter that is under consideration by the cc~mittee but shall have no vote. 3. That members of t3~e cc~nittee shall be citizens of the City of Denton. 4. That at the first meeting each year after members have been sworn in, the committee shall select from its owner membership a chairperson and vice chairperson. Any five of the regularly appointed members shall constitute a quor~n. The c~m.~ttee shall det~rnkine its own rules and order of business, and shall meet as necessary. All meetings shall be open to the public and a permanent record of procccdi~gs maintained. 5. It shall be t~e duty of the Cu~L~unity Development Advisory Committee: (a) To act in an advisory capacity to the City Council in the determination of priorities and program development for Community Development Grant Programs. September 19, 1978 Continued ~5 (b) To act as a recc~x~ending body for subsequent amendments to the Con~nunity Development Grant Program. (c) To serve in a leadership role in the process of planning, imple- menting, and assessing the Community Development Program and ir~plementing the Citizen Participation Plan. PASSED AND APPRDVED this the 19th day of September, A.D. 1978. Is~ JOE MITCH~ff.T., MAYOR CITY OF DENTON, TEXAS ATI~ ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF D~i~DN, TEXAS /s/ PAUL C. ISHAM, CITY AITOP~NEY c ITY OF DENTON, TEXAS Motion was made by Nash, seconded by Gay that the Resolution be adopted. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 5. The Council considered .the recommendations of the Citizens Traffic Safety Support C~,u,~ssion regarding the intersection of Woodland and Sherman, as well as parking restrictions at the intersections of Bell and Sherman and Windsor and Sherman. Following a briefing by Rick Svehla, motion was made by Nash, seconded by Gay to adopt the recommendations of the Citizens Traffic Safety Support Commission as follows: (A) An exit sign and a 20 mile per hour speed limit be posted on the west end of the island at Woodland and Sherman. (B) Parking be removed from the. west side of Bell Avenue from Oaklawn to Sherman Drive. (C) Allow parking on both sides of Windsor east of Sherman Drive and install one lane of travel in each direction and one left turn bay. Motion carried. ...~ 6. The Council considered the recurutendation of the Citizens Traffic Safety Support Commission to remove parking frcm the north side of Mu]Berry, from Locust to Elm. Following a briefing by Rick Svehla, motion was made by Stewart, seconded by Hughes to accept the recommendations of the Citizens Traffic Safety Support Commission to remove parking from the north side of Mulberry, from Locust to Elm. Motion carried. 7. The Council considered recu~,endations from the Parks & Recreation Board and the Greater Denton Arts Council to build an Art Center. The Parks and Recreation Board recommended calling a $2,000,000 bend issue election. Dick Huck introduced Dr. Stephen Farish, Dr.. Harold Perry and Mrs. ~tu~ Ruth Russell of the Greater Denton Arts Council. Farish stated he hoped the Council would call a $2,000,000 bond election for construction of a center with tentative site at North Takes Park. Septe~nber 19, 1978 Continued Council Member Hughes stated that there are good and bad times for calling an election. The matter on maintenance costs was discussed. Motion was made by Nash, seconded by Hughes to instruct the Staff to look into the possibilities of calling a bond election and advise the Council as to the earliest date it can be held. Motion carried. 8. The Council considered a contract with Denton Firehouse Theatre for space in tb~ old City Hall, ~ae contract to run through June, 1980. After a briefing by the City Manager, in which he pointed out the approximate cost of a new roof for old City Hall, motion was mad~ by Stewart, seconded by Gay to approve the contract with the Denton Cc~z~unity Theatre. Motion carried. 9. The Council considered[ a contract with Architectural Collective, Inc. for architect services for the new Fire and Police Station. The City Manager reconmended that the architectural selection con~ittee work with the architect on the site selection. The Council concurred. Council Member Stewart stated that the Council should consider property that the City already owns. Motion was made by Nash, seconded by Stewart that the contract with Architectural Collective, Inc. be approved. Motion carried. 10. The Council considered a contract with Denton County for ambulance service. City Attorney Isham stated that there were sc~e items in the language of the contract which should be included to protect the City. He added that he would work with County Judge Trammell. - Motion was made by Nash, seconded by Stewart to table the matter. Motion carried. 11. The Council considered Bid ~8599--Police Patrol Cars Motion was made by Stewart, seconded by Hughes to award the bid to the low bidder, Bill Utter Ford, at $5,846.65 per unit, plus $46.45 per unit for special Police paint package, for a total of $5,893.10 each or $58,931 total bid. Motion carried. 12. The Council considered Bid #8604--Group Hospitalization and Life Insurance. Motion was made by Nash, seconded by Stewart that the bid be awarded to Life Insurance Company of the Southwest. Motion carried. 13. The matter of hir~/~g an attorney to represent the City in the Biddy and Blasdell vs. the City of Denton was deleted. 14. Motion was made by Stewart, secor~ed by Nash to appr©ve a Proclamation declaring Thursday, September 28, 1978 as Library Day in Denton County. Motion carried. 15. The Council considered reviewing bids for drainage improvements to Lower Pecan Creek. Motion was made by Stewart, seconded by Gay to reject all bids. Motion carried. 16. CONSENT AGENDA: Motion was made by Stewart, seconded by Hughes that the following Consent Agenda be approved. Motion carried. September 19, 1978 Continued 2 (A) REFERR~TS: ~ The following two petitions were referred to the Planning and Zoning ConT~ission for its re~dations: (1) Z-1354, the petition of Mr. Tom Jester, requesting a change in zoning fr~ Neighborhood Service (NS) to General Retail (GR) classification on approximately .6 acre located at the southwest corner of Oak and Bonnie Brae. (2) Z-1355, the petition of Ms. Julia Holmes and Ms. Jannine McFarland, requesting a zoning change from Neighborhood Service (NS) to General Retail (GR) classification on .24 acre located at 906 Avenue C. (B) BIDS: (1) 98601, Tree-Trimming, awarded to Cobb Tree Service at $35,39 per hour for a total of $17,083.20 for 3 months work or 480 hours. (2) #8602, Aluminum Streetlight Poles, awarded to the low bidder, General Electric Supply in the total amount of $14,450 for fifty poles and arms, FOB Denton. (3) #8603, 77M/2M Aluminum Wire, awarded to the low bidder, Temple, Inc. for a total price of $16,416, FOB Denton. (4) ~8605, Scoreboard for Parks Athletic Field, awarded to Blackburn Electric Cc~pany at $16,365. 17. The Council adjourned into Executive Session at 8 P.m. to discuss Board Appointments and Personnel matters. 18. The Council reconvened into Public Session at 9:05 p.m. Motion was made by Stewart, seconded by Gay to appoint Dana Cessna to the C~L~'L'~Ui'lity Ethnic Relations Board and Elizabeth Garrett to the Citizens Traffic Safety Support ConT~ission. Motion carried. Meeting adjourned at 9:10 p.m. City Council September 26, 1978 Special Called Joint Meeting of the City Council of the City of Denton, Texas, Tuesday, September 26, 1978 at 7:00 p.m. in the Civil Defense Rocm of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tern 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. A public hearing was held on the 1978-79 Budget. Deborah Shelton of the H~nane Society asked that construction of the Animal Control Center not be postponed. She added that the present building is a disgrace and is unsuitable for keeping animals and. ~hat the City was liable for cruelty suits. She also asked for a separate department for the Animal Control Shelter. Mayor Mitchell stated that the Animal Shelter will be constructed, but will be a smaller size than originally planned, but it can be added to. City Manager Chris Hartung--We are in the process of planning an Animal Shelter Building but funds are limited. We hope that we can build the entire building. We have only $60,000 in the budget, however. The public hearing was closed. The City ~Vknnager stated that the Staff had worked hard in compiling the new budget system with no tax increase. Many requests were made that could not be fitted in. Citizens have told us what they want. This is good. The 1978-79 Budget will continue to provide many services for our citizens. 2. The Council considered plans and specifications on Avenue E and Bonnie Brae. Following a briefing by Rick Svehla, the Council concurred that changes be made in the plans as follows: (A) Delete portion of Avenue E from 1-35 to Eagle Drive. (B) Leave angle parking and valley curb on west side of Avenue E from Highland to Eagle Drive. (C) Build 30° angle parking in front of The Texas Pickup. (D) Build Eagle Drive from Avenue D to Avenue E. 3. The Council considered a joint meeting with the Research and Econcmic Development Board to consider a contract with the Institute of Applied Sciences at N~fSU to continue planning and research on a University-Related Research Park for Denton. Council Member Hughes abstained from voting. Roy Busby of the Research and Econc~ic Development Board stated that the Board had recommended a transfer of carry over funds in the amount of $10,000 to begin Phase II for planning and research for a University Related Research Park in Denton. Dr. Bill Glaze of I~PSU pointed out advantages of cc~nunity and univ- ersity involvement and presented details, purposes and advantages of a Research Park for Denton, and adding that t!ae $10,000 frc~ the Research and Economic Development Board is a beginning for such a project. Following Dr. Glaze's presentation, Utilities Director, Bob Nelson, stated that the Utilities Board made the following rec~uLendation on September 26, 1978 at their regular meeting regarding this request: "Without prejudice to the RED Board request, we recon~nd that the Council not change accounting principles or policies in regard to carry over funds. Motion was made by Nash, seconded by Stewart that the Council fo llow the RSD Board recc~nendations. Motion carried with Hughes abstaining. Motion was made by Stewart, seconded by Nash to authorize execution of a contract with the Institute of Applied Sciences. Motion carried with Hughes abstaining. September 26, 1978 Continued 4. The Council considered final payment on Airport Improvement Projects. Motion was made by Nash, seconded by Gay that final payment be approved. Motion carried. 5. The Council considered a contract with Denton County for ambulance Following the recc~ueDdations of the City Manager to approve the contract, motion was made by Nash, seconded by Hughes to approve the contract with Denton County for ambulance service. Motion carried. 6. The Council considered purchase of ambulance frcm Denton County. Motion was made by Stewart, seconded by Hughes to purchase the ambulance from Denton County and to pay the County by deducting payn~_nt for current ambulance service billing to Denton County. Motion carried. 7. The Council considered authorizin~ the law firm of Gray, ~itten and Loveless to act as legal Counsel for City of Denton on certain lawsuits. Motion was made by Stewart, seconded by Hughes to table the matter. Motion c~ied. 8. The Council adjourned into Executive Session at 9:20 p.m. to discuss Personnel and Litigation-David Nichols. 9. The Council reconvened into Public Session at 9:53 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:55 p.m. Cihy Council September 29, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Friday, September 29, 1978 at 12:00 r~Dn in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash and Hughes; City Manager Chris Hartung, Assistsxlt City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart. 1. The Council considered the request of Grant Jacobson to use explosive demolition within the Denton city limits. M~tion was made by Hughes, seconded by Mitchell that the request be approved. Motion carried. 2. The Council considered a Resolution creating a trust fund for funds appropriated from the Water and Sewer Fund and the Electric Fund to the Research and Economic Development Board. The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~JUNICIPAL BUYTDING OF SAID CITY ON THE 29%/4 DAY OF SEPTEMBER, A.D. 1978. RESOLUTION WHEREAS, the City of Denton is desirous of supporting the North Texas State University Institute of Applied Sciences in its planning and development of a research park for the City of Denton, Texas; and WHEREAS, the City of Denton has appropriated monies for the fiscal year 1977-78 from its water and sewer fund and electric fund to the Research and Econc~ic Development Board of the City of Denton; and WHEREAS, the Research and Economic Development Board has not expended all the monies appropriated for the fiscal year 1977-78, and the City Council desires to carry those unspent funds forward into a trust fund for the use towards research and economic development activities; NOW, THEREFORE, BE IT RESOLVED BY THE C!P~Y COUNCIL OF THE CITY OF DENTON, TEXAS; 1. That the City Manager of the City of Denton, Texas is hereby auth- orized to establish the Research and Economic Development Fund as a carry-forward trust as appropriated annually in the Budget for research and econcmic develo~ent activity. 2. That the City Manager of the City of Denton, Texas, is hereby authorized to transfer funds appropriated annually in the Budget for the Research and Econamic Development Board to the Research and Economic Develotm~nt Fund. 3. That the City Manager of the City of Denton, Texas, is hereby auth- orized to establish appropriations in the Research and Economic Development Fund for the amount of funds transfezred and in accord_~nce with the directions of the City Council. PASSED AND APPROVED this the 29th day of September, A. D. 1978. /s/ JOE 1Vl~rlC]4~,T,T,, MAYOR ATTEST: CITY OF DA~TfON, TEXAS /s/ BROOKS HOLT, CITY S~CRE~ARY CITY OF DS~Vi~DN, TEXAS APPROVED AS TO LEGAL FOP, M: /s/ PAUL C. ISHAM~ CITY A~i~ORNEY CITY OF DENTON, TEXAS September 29, 1978 Continued Motion was made by Gay, seconded by Hughes that the Resolution be adopted. On roll call vote Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 3. A public hearing was held on use of Revenue Sharing funds. The Mayor opened the hearing. No one was present to speak relative to the subject hearing. The public hearing was closed. No official action was. necessary. 4. The Council considered an Ordinance adopting the revised 1977-78 Budget, the 1978-79 Budget and setting the 1978-79 Tax Rate. The following Ordinance was presented: ORDINANCE NO. 78-51 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1978, AhD EhDING ON ~ 30, 1979; REVISING THE BUDGET FOR THE PRECedING FISCAL'YEAR ~DING ON .qEPTEMBER 30, 1978; Lk~v~ZING TAXES FOR THE YEAR 1978 TO BE ASSESSED ON ALI. TAXABLE PROPER~Y WITHIN THE LN24ITS OF THE CITY OF DENTON, TEXAS; AND DECLAR/NG AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 5. The Council considered an Ordinance amending the garbage rates. The following Ordinance was presented: ORDINANCE NO. 78-52 AN ORDINANCE AMEhDING CHAPTER 12 "GARBAGE, TRASH AAD W~cDS", SECTION 12-5, SECTION 12-19(b) AND SECTION 12-20(c) OF THE CODE OF ORDINANCES OF THE CITY OF DENT~, TEXAS BY PROVIDING NEW RATES; 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 Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. The Manager stated that the first billing on the new rate would occur after November 1, 1978. 6. The Council adjourned into Executive Session at 12:45 p.m. to discuss Litigation--David Nichols. 7. The Council reconvened into Public Session at 1:25 p.m. to announce that no official action was to be taken. Meeting adjourned at 1:30 p.m. City Council Oc-tober 3, 1978 Regular M~eting of th~ City Council of the City of Denton, Tewas, Tuesday, October 3, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tern Gay, Members Stewart, Nash and Hughes; City Manager Chris Hartung, Assistant City Manager Jack Owen, City Attorney Paul Isham and City Secretary Brooks Holt. Prior to the regular meeting, an Executive Session was held at 5:00 p.m. for consultation with Attorneys and an-Executive Session was held at 6:00 p .m. for consultation with the Attorney on David Nichols litigation. No action was taken. 1. Motion was made by Hughes, seconded by Gay that the minutes of the Regular ~eting of September 19, 1978, the Special Called Joint Meeting with the Research and Economic Development Board of September 26, 1978 and the Special Called Meeting of Friday, September 29, 1978 he approved. Motion carried. 2. PUBLIC HEARINGS: Mayor Pro Tem Gay and Council Member Nash said they would abstain on petitions A, B & C. (A) A public hearing was held on Z-1345, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on 23 acres in two tracts located west of Stuart, south of Kings Row, and north of Driftwood. A five acre tract is located ir~aediately north of the Park West Addition; and an 18 acre tract is located West of Stuart in the vicinity of Sierra and Manhattan. After hearing 1 speak in favor and none in opposition, and a briefing by Sam Listi, Assistant City Planner, Motion was made by Stewart, seconded by Hughes that the petition be approved. Motion carried 3 %o 0 with Gay and Nash abstaining. (B) A public hearing was held on Z-1346, the petition of Mr. Grant Jacobson, requesting a ch~e in zoning from Agricultural (A) to Planned Develop= ment (PD) classification permitting.zero lot l~ne, detached, single family homes on 4500 square feet lots on. 18 acres in two tracts. An 11 acre tract is located west of Stuart and south of the proposed Windsor Drive extension; a seve~ acre tract is located on the north side of the proposed Windsor extension. After hearing 1 speak in favor and none in opposition, and a briefing by Sam Listi, Assistant City Planner, motion was made by Mitchell, seconded by Hughes that the petition be approved with the following conditions: (1) The proposal for detached single family homes on 45' x 100' 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 shall be a minimum of 10'. (2) The housing constructed shall be in character with the rend- erings su ~ni~ 'tted by the petitioner. (3) Plat approval shall constitute site plan approval for this single family area. Motion carried 3 to 0 with Nash and Gay abstaining. (C) A public hearing was held on Z-1347, the petition of Mr. Grant Jacobson, requesting a change in zoning from Agricultural (A) and Planned Devel- opment (PD) to Single Family (SF-7) classification on 2.2 acres located on the west side of Stuart Road near the intersection of Stuart and Manhattan. After hearing 1 speak in favor and none in opposition, and a brief- lng by Sam Listi, Assistant City Planner, motion was made by Hughes, seconded by Stewart that the petition be. approved. Motion carried 3 to 0 with Nash and Gay abstaining. October 3, i978 Continued (D) A public hearing was held on Z-1348, the petition of Mr. Jim Carter of the Denton Housing Authority, requesting a change in zoning to permit an office use in'Planned Develot~ment (PD-2) zoning on property located at 2501 Bell Avenue. After hearing Jim Carter speak in favor and none in opposition, motion was made by Nash, seconded by Stewart that the petition be approved. Motion carried. (E) A public hearing was held on Z-1350, the petition of Mr. Mike Run, ell, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 1.73 acres located on th~ north side of West U.S. 380, il~.L~diately west of the Santa Fe Railroad tracks. After hearing 1 speak in favor and none in opposition and a briefing by Sam Listi, Assistant City Planner, Motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried. (F) A public hearing was held on Z-1353, ~the petition of Mr. C. A. Ginnings, requesting a .change in zoning from Single Family (SF-7) to Two Family (2-F) classification on 2.6 acres located on the southeast corner of Hercules Lane ap~ Stuart Road. Council Member Nash stated that he would abstain on petitions Z-1353, Z-1351 and Z-1352. After hearing 1 speak .in favor and neD~ in opposition and a brief- ing by Sam Listi, Assistant City Planner, motion w~s made by Gay, seconded by Hughes that the petition be approved. Motion carried with Nash abstaining. (G) A public hearing was held on Z-1351, the petition of Mr, C. A. Ginnin§s, re~sting annexation and.Single Family (SF-7) zoning classification on 4.9 acres located on the north side of Hercules Lane beginning 170' east of S tu~rt Road. One spoke in favor and none in opposition. Sam Listi, Assistant City Planner, stated that no action could be taken since this petition involves annexation. (H) A public hearing was held on Z-1352, the petition of Mr. C. A. Gib-nj_rigs, requesting annexation and Two Family (2-F) zoning classification on 1.3 acres located on the north east corner of Hercules Lane and Stuart Road. One spoke in favor and none in opposition. Sam Listi, Assistant City Planner, stated that since this petition involves annexation no action could be taken. 3. The Council considered ~the reccnl~endation of the CATV Advisory Board on the process for evaluating cable franchise proposals. Ed Morrison, Jr., Chairman of the Cable Television Advisory Board, stated that 2 proposals had been received as follows: Golden Triangle Cc~mun- ications and Cox Cable Co~u~lnications, Inc. and North Texas Cable Col~l~i~ziications, Inc.--Storer Broadcasting Company. He recorme_nded obtaining theservi~es of the Cable Television Informa- tion Center to evaluate the bids and present recu~.[endations. A copy of each proposal would be forwarded Co the Center for evaluation. During this ~hase of the study, the Center will compare, interpret, and evaluate the information supplied by applicants in the bid forms. They will not~ the strengths and weaknesses of each application in the financial, engineering, prograrmling, and other subject areas. Mr. Morrison made the following stat~n~nts: (A) We should ask what will CATV mean to our cc~munity. (B) We consider this a serious matter. [C) Cable Television operation is similar to a utility, since most citizens would request services. October 3, 1978 Continued (D) Cable Television is a big business. (E) The character of the service will depend on the people who render it. The total cost to the City of the evaluation by the Cable Television Information Center will be $7,000 to $8,000, but that the City had $6,000 to offset most of the cost. Mr. Morrison requested the Council to approve procedures for evalua- tion as recc~nended. Motion was made by Nash, seconded by Stewart to employ the Cable Television Inforn~%tion Center to evaluate the proposals. Motion carried. The Council Members thanked Mr. Morrison and other members of the CATV Advisory Board for their dedicated services. 4. The Council considered site plan approval for a portion of PD-6, the Golden Triangle Mall. Sam Listi, Assistant City Planner, stated that the Mall would contain 800,000 square feet, which is near the size of North Park in Dallas, He also stated that there was a condition. Motion was made by Nash, seconded by Gay to approve a portion of PD-6 with condition as follows: "Site plan approval is granted for the proposed develo~x~ent of a regional shopping mall. Minor changes in building dimens ions or shifts in the location of elements of the site plan will be permitted under this approval. Major building additions or alterations to the basic design concept for traffic and parking would require site plan approval by the City Council." Motion carried. 5. The Council considered approval of engineering plans and specifications for Bonnie Brae and Avenue E and to authorize the staff to advertise for bids. Motion was made by Nash, seconded by Hughes to approve the engineering plans and specifications for Bonnie Brae and Avenue E and to authorize the staff to advertise for bids on October 4, 1978. Motion carried. 6. The Council considered approval of a contract between the City of Denton, Texas and Ford, Powell & Carson, Architects and Planners, Inc.; and Mayer, Landry & Landry Architects, a joint venture. Motion was made by Hughes, seconded by Nash to approve a contract between the City of Denton, Texas and Ford, Powell & Carson, Architects and Planners, Inc.; and Mayer, Landry & ¥~ndry Architects, with the fee not to exceed 8% of the contract. Motion carried. 7. The Council considered the Public Utilities Board's proposed amend- ments to the Custcmer Service Ordinance. The City Manager briefed the Council by memo. There was considerable discussion relative to billing, since bills have not been mailed at the same time each month. The Manager stated that a 15 day due date shoAld be in the Ordinance. Council Member Nash stated that a 15 day due date should start frcm the time the City placed bills in the Post Office. The following Ordinance was presented: ORDINANCE NO. 78-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMERCING S~CTION 2 5-4 "SERVICE DEPOSITS" AND S~CTION 25-6 "BILLING AAD C~TION FOR SERVICES" OF CHAPTER 25 "UTILITIES"; PROVIDING A SEV~ABILITY C/~USE AAD DECLARING AN EFFECTIVE DATE. October 3, 1978 Continued Motion was made by Mitchell, seconded by Hughes that the Ordinance be passed. On roll call vote Stewart "nay", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. 8. The Council considered authorizing the lease and public notice of 100 parking spaces at Williams Trade Square. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DFAYi~N, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF OCTOBER, A.D. 1978. RESOLUTION ~KREAS, the City of Denton has improved the area known as the "Williams Trade Square"; and WHEREAS, such improvements inclu~e parking~ spaces; and WHEREAS, the City of Denton is desirous of leasing some of the parking spaces in order to offset the cost of the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Manager is hereby authorized to publicly advertise for lease and to lease 100 parking spaces at the "Williams Trade Square" at the price of $120 per year for a period of two years with options to renew the leases for additional two year terms. PAS~ AND APPrOVeD this the 3rd day of October, A. D. 1978. /s/ JOE MITCHELL, MAYOR CITY OF DEN*fON, TEXAS A~EST: /s/ BROOKS HOLT, CITY S~CRETARY CITY OF DENTON, TEXAS /s/ PAUL C. ISHAMt CITY ATCORNEY CITY OF DENT~N, TEXAS * Motion was made by Stewart, seconded by Hughes that the Resolution be adopted. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 9. The Council considered payment to TP&L for relocation of a 69KV transmission line north of the Airport. Assistant City Manager King Cole recut~L~nded payment be m~de. Motion was made by Nash, seconded by Stewart that payment be made to TP&L for relocation of 69KV transmission line north of the Airport, in the amount of $4,799.98, to be paid frcm grant funds. Motion carried. 10. The Council considered setting a Study Session for Tuesday, October 10, 1978. The City Manager stated that there is a recu~utendation frcm the Utilities Board to be considered and 2 personnel matters. 11. CONSENT AGENDA: Motion was made by Nash, seconded by Hughes that the following Consent Agenda be approved. Motion carried. October 3, 1978 Continued (A) REFERRALS: Tb~ following 4 .petitions were referred to the Planning and Zoning Commission for its reco~L~tendations: (1) Z-1356, the .petition of Mr. Robert Neese, requesting a change in zoning from Single Family (SF-7) to General Retail (GR) classification on 2.7 acres located on the northwest corner of Mingo and Old North Roads. (2) Z-1357, the petition of First Texas Savings, requesting a change in zoning from Single F~ily (SF-10) to Single Family (SF-7) classifi- cation on eight (8) acres beginning approximately 600' east of existing Kingston Trace development and extending 400' east to the City limit line. (3) Z-1358, the petition of FLrst Texas Savings, requesting annexation and Single Family (SF-7) zoning classification on 10.2 acres beginning 1000' east of existing Kingston Trace develo~ent at the City limit line and extending approximately 650' eastward. (4) Z-1359, the petition of First Texas Savings, requesting annexation and General Retail (GR) zoning classification on 4.4 acres located south of Kings Row and east of existing develo~ent in Kingston Trace Addition. Meeting adjourned at 9:20 p.m. C I~Y S~CRETARY City Council October 10, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, October 10, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro T~n Gay, Members Stewart, Nash and Hughes; City Manager Chris Hartung,~ Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brocks Holt. 1. Mayor Mitchell read a proclamation proclaiming October 12, 1978 as Texas Woman's University Day in Denton. He presented the proclamation to Dr. Mary Evelyn Huey, President of 2. The Council considered a r~endation from the Utilities Board on billing procedures for fuel cost adjustment. Utilities Director Bob Nelson briefed the Council, stating that the Utilities Board was of the opinion that there would be less confusion if the fuel adjustment' dol!a~ value was' not shown on the utility bill. Mayor Mitchell stated that he wanted citizens to be aware that fuel adjustment is an additional cost of fuel to the base rate. Otlle~ Council Members were of the opinion that the fuel cost should be on the bills. Nelson stated that currently 1¢ per kilowatt hour fuel cost is included in the city's base electric rate. Motion was made by Nash, seconded by Stewart to remove fuel cost from the base rate and shew total, fuel cost on the bills as a separate ite~, that fuel cost per kilowatt hour calculation be based on kilowatt hours sold and to ask auditors to verify where the fuel cost funds go. Motion carried. 3. The Council considered a contract with Texas A&M for technical assist- ance on a street inventory program. The City Manager briefed tb~ Council and asked for remarks from Assist- ant City Manager Jack Owen who stated as follows: The purpose of a street inventory is to provide the City with an idea of the physical condition of the City street system. (A) It provides an unbiased method for prioritizing street improvements. (B)Inventory data may be used in the preparation of the annual street division maintenance budget. (C) Because the inventory should be updated annually and the initial inventory 00egun by the researchers) must be cempleted for the rest of the City, staff will be trained in the use of the inventory instrument. Motion was made by Nash, seconded by Hughes to contract with Texas A&M for technical assistance on a street inventory program. Motion carried. 4. The Council considered a contract with NTSU to conduct a citizen survey. The Manager stated that we have not gotten a complete survey of what citizens think at the present time, that technical assistance from NTSU on the first year would be of considerable value. Council Yim~0er Hughes stated that it is vital that we have a broad survey of citizens, and we need Council involvement in the type of questions to be asked. Motion was made by Stewart, secoDzted by Nash to table the matter for more information. Motion carried. October 10, 1978 Continued 5. The Council considered RIMCO Insurance Study. The City Attorney reviewed areas of the R//M~O report as follows: (A) John Maxwell will have overall insurance management. John M~rshall will control vendor insurance on City's contracts. (B) Some items mentioned in the report have bc~n implemented. (C) Performance bonds on construction contracts are reviewed by City Attorney and recorded wi~h City Secretary. (D) The auto and ge~eral liability policies have been increased to $300,000~ increased our accounts receivable insurance to $3,000,000. (E) The excess payroll problem and improper classification of employees on workman's compensation and general liability policies has been corrected. (F) It is estiu~ted that we will get an approximate $30,000 ref~d from workmen's compensation carrier for the year 1977 because of excessive payroll reporting. (G) We have increased the bond to $100,000 on those who sign checks. We hope to cover all employees who handle cash or checks for the City with $10,000. Other employees are covered wi~ $2,500. (H) John Maxwellmeetswith the engineers for the companies add the adjustors on a monthly basis to review claims. (I) The c~mputor is leased and the lessor carries tb~ insurance. We are exploring the storing of a duplicate master disc at another location. (J) We are seek~kng an umbrella policy, but have had troubles getting a quote. (K) We are lcokkng at changing the policycoverage for fire, windstorm, etc., damage to vehicles and property damage deductibles. (L) The 1976 total value of City buildings and machinerywas placed at $40 :million plus. (M) We are all cencerned about Public Official L~ability Insurance. We have received one quote and are waiting on a second. (N) The Staff feels that the RIMCO report has bc~nbeneficial. We have adopted procedures that will realize savings to the City far in excess of the cost of the study. The matter of selling or keeping the City owned airplane was discussed. 6. The Council considered authorizing the City Manager to execute the necessary doc~nents regarding the sale of Sunrise Apartments. Motion was made by Nash, seconded by Hughes to authorize the City Manager toexecute the necessary d~ts regarding the sale of Sunrise Apartments. Motion carried. October 10, 1978 Continued 7. The Council adjourned into Executive Session at 8:30 p.m. to discuss Litigation, Jagoe Public Cc~psny, Denton Construction Cc~pany, David Nichols and Personnel. 8. The Council reconvened into Public Session at 9:30 p.m. to announce that no official action was to be %aken. The meeting adjourned at 9:35 p.m. CITY SECP~TARY City Council October 17, 1978 Regular Meeting of the City ~ouncil of the City of Denton, Texas, Tuesday, October 17, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Stewart and Nash; Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: City Manager Chris Hartung. 1. Motion was made by Gay, seconded by Hughes that the minutes of the Regular Meeting of October 3, and the Special Called Meeting of October 10, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: Mayor Pro Tern Gay abstained because of realtor involvement on item A. (A) A public hearing was held on Z-1354, the petition of Mr. Tom Jester, requesting a change in zoning frem Neighborhood Service (NS) to General Retail (GR) classification on approximately . 6 acre located at the southwest corner of Oak and Bonnie Brae. After hearing 1 proponent and none in opposition and a report frem John Lavretta, City Planner, motion was made by Stewart, seconded by Nash that the petition be approved. Motion carried with Gay abstaining. (B) A public hearing was held on Z-1355, the petition of Ms. Julie Holmes and Ms. Jannine MeFarland, requesting a change in zoning from Neighborhood Service (NS) to General Retail (GR) classification on .24 acre located at 906 Avenue C. After hearing 1 proponent and none in opposition and a report frem John Lavretta, City Planner, motion was made by Gay, seconded by Hughes that the petition be approved. Motion carried. 3. The Council considered a report frem the Sanitary T~ndfill Site Selection Committee. Rev. Murphey Wilds of the Landfill Site Selection Cc~ttee made a formal report to the Council pointing out the considered sites on a map. He had previously supplied Council Members with a brochure containing the minutes of all the meetings of the Landfill Cc~ittee. He stated that the City Staff was invaluable to the Committee and did not attempt to steer them in any particular direction. He added that many citizens gave input to th~ Cut,~.~ttee and that 25 meetings were held. Four ~Ossible landfill sites were named as follows: (A) Seven miles soutmhwest of Denton on property bordered by T. N. Skiles Road, Tc~ Cole Road and C. Wolfe Road. (B) Six miles southwest of Denton, about 1 mile west of 1-35W west of Paine Road and south of Lively Road. (C)Nine miles from Denton, northeast of Ponder between Texas 156 and T.N. Skiles Road. (D)Behind Roselawn Cemetery, this site contains 30 acres which would be available on a lease basis only. Motion was made by Gay~ seconded by Hughes to receive the report and review the report at the next Study Session of the Council. Motion carried. 4. The Council considered the request of the Greater Denton Arts Council to set a date for a bond election to build an Arts Center. Bill McNary, Finance Director, briefed the Council, pointing out the financial analysis of the proposal to construct a City of Denton Arts Center. He gave a s~t,L~ry of financial impacts of the Center, giving estimated costs of the long term financing, annual operating cost, administration & maintenance. He also advised that additional tax support would be necessary to finance the project. October 17, 1978 Continued McNary reviewed the City of Denton current general purpose dabt structure, stating that $2,000,000 for the Arts Center represents 13% of the total general purpose debt outstanding, and authorized as of 10-1-78. He also presented tax rate cc~parison and a historical G.O. debt service comparison. McNary warned the Council that the City could be vulnerable to added expenses over the years as the Center aged. Costs of programs and administration will increase as will maintenance expenses. Motion was made by Nash, seconded by Hughes to call a bend election for December 5, 1978 in the amount of $2,000,000 for an Arts Center Building. Motion carried. Following the motion, Council Member Hughes stated that it needs to be made clear before the election as to the amount of the tax increase. Council Member Nash suggested that if the bond issue passes, the City impose a 9¢ tax increase, 8¢ to pay off bonds and 1¢ for maintenance. 5. The Council considered final payment to Jagoe Construction Company for the construction of Sherman Drive and of Oaklawn from Bell Avenue to approx- imately 250' west. Motion was made by Hughes, ~seconded by Stewart that final payment be made to Jagoe Construction Cc~pany in th~ amount of $66,418.83 for Sherman Drive and $3, 868.70 for Oaklawn Avenue fr(xa Bell Avenue approximately 250' west. Motion carried. 6. The Council considered payment to Dallas Light and Barricade Company for barricading on Sherman Drive. Mction was made by Stewart,~ secoD~ed by Gay that payment be made to Dallas Light and Barricade Cc~pany in the amount of $212.60. Motion carried. 7. The Council considered calling a public hearing on November 7, 1978 concerning the annexation requests of First Texas Savings, east of Kingston Trace Addition. Motion was made by Gay, seconded by Stewart to mall a public hearing on November 7, 1978 concerning the annexation requests of First Texas Savings, east of Kingston Trace Addition. Motion carried. 8. The Council considered recc~mendation of the Citizens Traffic Safety Support Cc~a~ission to remove parking on the north side of Mulberry frcm Cedar to 300' east of Carroll. Motion was made by Stewart, seconded by Hughes that th~ recor~nendation to remove parking on the north side of Mulberry from Cedar to 300' east of Carroll be approved. Mctien carried. 9. The Council considered recu~,~ndation of the Citizens Traffic Safety Support Cc~missien for removal of parking on the west side of Bell Avenue frc~ Shenm~n to University. Mayor Pro Tem Gay abstained since Mr. Gay owns a house on the east side of Bell Avenue. Council Members Nash and Hughes asked about the possibility of 8 a.m. to 5 p.m. parking on Bell Avenue frcm Sherman. Motion was made by Nash, seconded by Hughes to send the matter back to the Citizens Traffic Safety Support Cc~nission for re-study. Motion carried with Gay abstaining. 10. The Council considered the recc~ndation of the Citizens Traffic Safety Support Ccaxaission to r~move parking frc~ the east side of Locust from Sherman north to Peach Street. Motion was made by Nash, seconded by Stewart that the rec~.~ndation to remove parking from the east side of Locust from Sherman north to Peach Street be approved. Motion carried. October 1'7, 1978 Continued 11. The Council considered initiation of annexation proceedings regarding two tracts located north of Hercules and east of Stuart, the request of Mr. Charles Ginnings. Council Member Nash abstained since he is the engineer. Motion was made by Gay, seconded by Hughes to instruct the City Attorney to publicize the appropriate Ordinance. Motion carried with Nash abstaining. 12. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 78-54 (C. A. Ginnings) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME W~S ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AAD AS SAID MAP APPLIES TO ~ NO. 94, BLOCK NO. 194-14, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRI~ THEREIN; AND D~CLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE NO. 78-55 AN ORDINANCE NAMING A NEW STREBT CONSTRUCTED AS PART OF THE SKERMAN DRIVE PROJ~C~ AS CORONADO STREET; PNOVIDING A SAVERABILITY CLAUSE AND DD/LARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE NO. 78-56 AN ORDINANCE AMENDING CHAPTER 12 "GARBAGE, TRASH A~D W~DS", S~CTION 12-19 (d) AND SECTION 12-20 (f) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY PROVIDING A PENALTY OF FIVE (5%) PERC~gT INSTEAD OF TEN (10%) PEBCENT; REPEAL- ING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AAD DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "nay", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. (D) ORDINANCE NO. 78-57 (Grant Jacobson) Council Member Nash abstained frc~ voting on Ordinances D, E & F because of engineering involvement, and Mayor Pro Tem Gay abstained from voting on Ordinances D, E & F because of land involvement. AN ORDINANCE AMenDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ~ ADOPTED AS AN APPENDIX TO THE OODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 20, BLOCK NO. 136B, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, ABD MORE PARTICULARLY DESCR/R~D THEREIN; AND D~r~.ARING AN EFFSL~IVE DATE. Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Hughes "aye", Stewart "aye" and Mitchell "aye". Motion carried with Gay and Nash abstaining. (E) ORDINANCE NO. 78-58 (Grant Jacobson) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ~ 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 APPROXIMATELY 18 ACRF~q O[/f OF CITY LOT 20, BLOCK 136B, AS SHOK~ THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF D~YiYIN, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND D~CLARING AN EFFECTIVE DATE. October 17, 1978 Continued Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Stewart "aye" Hughes "aye" and Mitchell "aye" Motion carried with Gay and Nash abstaining. (F) ORDIh!AA1/E NO. 78-59 (Grant Jacobson) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF D~VION, TEXAS, AS SAME ~AS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF D~kwlIiN, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 2.2 ACRES OUT OF LOT NO. 20, BLOCK NO. 136B, AS SHO~N THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICLI2IRLY DESfIPIn~ THEREIN; AND DECLAR- ING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye" and Mitchell "aye". Motion carried with Gay and Nash abstaining. (G) ORDINANCE NO. 78-60 ~4ike Runraell) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME W~S ADOPTED AS AN APPENDIX TO THE CODE OF ORDINAACES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 1.73102 ACRES OF LAND, MORE OR LVIqS, AS SHOWN THIS DATE ON THE OFFICIAL ~AX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PA~PIClE2tRLY DESCRIBED THEREIN; AND DECLARING AN E FFEC~IVE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (H) ORDINANCE NO. 78-61 AN ORDINANCE RSI~OVING PARKING ON CERTAIN PORTIONS OF SHERMAN DRIVE, WOCOLAhD STREET, STUAR~ ROAD, CORONADO STR~, KINGS ROW, Bw~L AVENUE, LOCUST STR~W~, ElM STR~ AND MULBERRY STRE~/~; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECT/VE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed· On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 13. The Council considered payment to NCTCOG for regional ~ Cc~nuni- cations equipment. Assistant City Manager King Cole stated that Federal Cc~rmlnications Cownlission agreed to a high quality UHF system which they are supporting with grants. The project calls for a 50%-50% matching ratio, and Denton's share will be $15,430 which has not been budgeted in the 1978-79 Budget. He added that it has been recommended that we attempt to locate funds within the budget to enter into this project. Motion was made by Nash, seconded by Hughes to request the City Manager to search for funds in the budget in the anount of $15,430 for ~MS Communications equipment. Motion carried. 14. The Council considered setting the agenda for a study session on October 24, 1978. The following items were requested for the Agenda: (A) Consider a P~solution accepting a grant for a mini-computer in the Police Deparh~nt. (B) Pass an Ordinance setting the election date for the bend issue election. (C) Personnel review. October 17, 1978 Continued 15. CONSEN~ ~VADA: Motion was made by Hughes, seconded by Nash that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: The follc~ing 2 petitions were referred to the Planning & Zoning Corm~ssion for its reconmendations: (1) Z-1360, the petition of Mr. Mike Nesbitt, requesting a change in zoning frc~ Single Family (SF) to Multi-Family ~F-R) classification on . 34 acre located on the west side of Bradley Street between Scripture and Sena. (2) Z-1361, the petition of Mr. Jack Barton, requesting a change in zoning frc~ Single Family (SF) to Multi-Family (~l~-l) classification on three lots located on the west side of Elm, ~.~liately north of Sherman Drive. (B) BIDS: (1) 98606 Section Manholes, awarded to the low bidder, meeting specifications, Brooks Products, for a total bid price of $9,870. 16. The Council adjourned into Executive Session at 8:45 p.m. to consider land acquisition on Bonnie Brae (Newton Rayzor & Ernest Simpson) and discuss Blasdell litigation and Chastain condemnation and trade of property. 17. The Council reconvened into Public Session at 9:35 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:37 p.m. City Council October 24, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, October 24, 1978 at 5:00 p.m. in the Conference Room of the City Manager's Office. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Stewart and Nash; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City~ttorney Paul Isham, City S~etary'B~ooks~Hott. 1. The Council considered an Ordinance calling an election to issue two million dollars in General Obligation Bonds to build an Arts Center. Frank Medanich of The First Southwest Company read the proposed Ordin- ance and briefed the Council. Discussion: (A) Hughes--We must aim toward self sufficient operation of an arts center. (B) Stewart--The City should provide maintenance and operation costs by adding 1¢ tax. (C) Mayor--Arts Center leaders should advertise that a 10¢ tax increase would be assessed if the bond vote is favorable. The following Ordinance was presented: ORDINANCE NO. 78-62 Ordinance Calling A Bond Election (Ordinance in Packet #4815) Motion was made by Nash, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Gay "aye", Hughes "aye" and Mitchell "aye". Motion carried. Motion was made by Mitchell, seconded by Stewart to request that the Arts group make known to the public that a favorable vote on the bond issue would result in a 10¢ tax increase. Motion carried. 2. The following Resolution accepting a Criminal Justice Grant for a mini- computer to be used by the Police Department 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 NOVEMBER, A.D. 1978. RESOLUTION WHEREAS, law enforcement management information in the City of Denton is presently nonexistant or inadequate; and WHEREAS, an effective information systems management capability in selected North Central Texas cities has demonstrated the potential for improved law enforcement operations; and WHEREAS, presently there are few such systems to accommodate law enforcement agency administrators; and WHEREAS, the purchase and installation of some additional support equipment will improve further the efficiency and effectiveness of existing highspeed landline communications equipment; and WHEREAS, it is the opinion of this City Council that the best interest of the citizens of the City of Denton will be served by participating in this cooperat- ive program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: (1) The City of Denton desires to participate in the Management Infor- mation System Expansion Program by acquiring the necessary services, equipment and supplies. October 24, 1978 Continued (2) The North Central Texas Council of Governments is authorized to enter into binding contract with the law compliant vendor and to purchase Management Information System services, equipment and supplies in behalf of the City of Denton. (3) This City understands that the Texas Criminal Justice Division is providing 85% funding during the first year of this project's operation. (4) To indicate the City's desire to participate in this program, a copy of this Resolution will be forwarded to the North Central Texas Council of Governments. PASSED AND APPROVED this the 24th day of October, A. D. 1978. /s/ ~bE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS ~OLT, CITY SE-CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM /s/ PAUL C. I~HAM, ciTY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Hughes that the Resolution be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 3. The Council considered the recommendation of the Housing Development Board to request proposals for a housing study for the City of Denton. Following a briefing by John Lavretta, City Planner, a discussion followed: (A) Lavretta--Community Development grant has $14,000 included that can be used for housing study. He added that information requests were mailed to 26 planning and management firms, asking that they submit credentials. Ten responses were received. The Committee felt the following three firms with one alternate were best qualified: Comprehensive Planning Institute together with Moore Diversified Services Coopers and Lybrand Frank Osgood and Associates (Alternate) Wayne Snyder and Associates (B) Gay--Concerned that study would deal strictly with the housing problems of low and moderate income groups. (C) Hughes--If we attract businesses that pay $3.50 per hour, we will need housing they can afford. (D) Stewart--Stated that he did not want to see the City develop potential ghetto areas. (E) The Council concurred to focus on problems of lower income group, but later to expand into land use and zoning procedures, since funds are limited. Motion was made by Nash, seconded by Hughes that we make a request for a housing study. Motion carried. October 24, 1978 Continued 4. The Council adjourned into Executive Session at 5:55 p.m. to discuss personnel. 5. The Council reconvened into Public Session at 6:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 6:23 p.m. CITY SECRETARY City Council November 7, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, November 7, 1978 at 7:00 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 Managers Jack Owen and King Cole, Assistant City Attorney Burt Solomons and City Secretary Brooks Holt, ABSENT: City Attorney Paul Isham 1. Motion was made by Stewart, seconded by Gay that the minutes of the Regular Meeting of October 17 and the Special Called Meeting of October 24 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1356, the petition of Mr. Robert Neese, requesting a change in zoning from Single Family (SF-7) to General Retail (GR) classification on 2.7 acres located on the northwest corner of Mingo and Old North Road. None spoke in favor or in opposition. John Lavretta, City Planner, stated that there had been no opposition before the Planning and Zoning Commission. The public hearing was closed. Motion was made by Nash, seconded by Hughes that the petition be approved. Motion carried. (B) A public hearing was held on Z-1357, the petition of First Texas Savings, requesting a change in zoning from Single Family (SF-IO) to Single Family (SF-7) classification on eight acres beginning 600 feet east of existing Kingston Trace development and extending east to the current city limit line. 1 spoke in favor and none in opposition. The public hearing was closed. Following a briefing by the City Planner, motion was made by Gay, seconded by Nash that the petition be approved. Motion carried. (C) A public hearing was held on Z-1358, the petition of First Texas Savings, requesting annexation and Single Family (SF-7) zoning class- ification on 10.6 acres beginning 1000 feet east of existing Kingston Tract development and extending approximately 650 feet eastward. 1 spoke in favor and none in opposition. The public hearing was closed. Motion was made by Stewart, seconded by Gay to table the petition for annexation requirements. Motion carried. (D) A public hearing was held on Z-1360, the petition of Mr. Mike Neblett, requesting a change in zoning from Single Family (SF-7) to Two Family (2-F) classification on a 15,000 square foot tract located on the west side of Bradley Street between Sena and Scripture. 1 spoke in favor and none in opposition. The public hearing was closed. After a briefing by the City Planner, motion was made by Nash, seconded by Hughes that the petition be approved. Motion carried. November 7, 1978 Continued 3. The Council considered the quit claim petition of Mr. W. D. Gaston, requesting the quit claim of a 20' portion of Beatty Street, south of Eagle. Motion was made by Stewart, seconded by Hughes to approve the quit claim of a 20' portion of Beatty Street, south of Eagle. Motion carried. 4. The Council considered bid #8608 for construction of Avenue E and Bonnie Brae. The City Manager briefed the Council, stating that the City's total share of $1,014,498.68 is about $150,000 over the Staff's estimate, adding that the Staff feels that there are several reasons for this: (A) The delay in bidding the project. (B) The uncertainty of price increases. (C) The availability of materials. Based on the low bid of Jagoe-Public, the funding responsibility would be as follows: Street and Drainage Bonds ............... $ 937,326.80 (City's share of joint storm sewer) ..... + 77,171.88 -$1,014,498.68 University Funding ...................... 231,515.62 Utility Bonds ........................... + 120,105.00 ~,366,119.30 Motion was made by Nash, seconded by Gay to proceed with the project and to award the bid to Jagoe-Public Construction Company in the amount of $1,366,119.30. Motion carried. 5. ORDINANCES: (A) ORDINANCE #78-63 AN ORDINANCE REMOVING PARKING'ON CERTAIN PORTIONS OF MULBERRY STREET, AND LOCUST STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye" Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. ' (B) ORDINANCE #78-64 (C. A. Ginnings) AN ORDINANCE ANNEXING TWO TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 5.189 ACRES IN TRACT ONE AND 1.337 ACRES IN'TRACT TWO LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE S. MCCRACKEN SURVEY, ABSTRACT NO. 817, DENTON COUNTY, TEXAS; CLASSIFYING THE-SAME AS SINGLE FAMILY "SF-7" FOR TRACT ONE AND TWO-FAMILY N2-F FOR TRACT TWO DISTRICT PROPERTY AND DECLARING AN EFFECTIVE DATE. Council Member Nash abstained because of involvement in engineering. Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried with Nash abstaining. (C) ORDINANCE #78-65 (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 14, BLOCK 4027, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTI- CULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. November 7, 1978 Continued (D) ORDINANCE #78-66 Ms. Julia Holmes and Ms. Jannine McFarland 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, BLOCK 394, 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 Stewart that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. (E) The Council considered adopting an Ordinance fixing and deter- mining the general service rate to be charged by Denton County Electric Co-op for sales of electricity to residential, commercial and security light consumers within the City limits. Motion was made by Stewart, seconded by Nash to table the matter. Motion carried. 6. The Council considered change order for contract with Systems Control Corp. for necessary modifications of Power Plant electronic supervisory equip- ment. Bob Nelson, Director of Utilities, stated that the system was bid in November, 1975 and awarded in January, 1976 in the amount of $265,220. Numerous delays have occurred. He recommended the change order in the increased amount of $17,400 on purchase order #27944 to Baker Automation Systems for modification of supervisory control for the Electric system. Motion was made by Stewart, seconded by Hughes to approve the change order in the increased amount of $17,400 on purchase order #27944. Motion carried 4 to 1. 7. The Council considered entering into an agreement with North Texas State University for water and sewer improvements in NTSU campus area. The Manager stated that the City of Denton has agreed to participate with NTSU and the over sizing of 16" water line on Avenue C, also to assist in the installation of a 12"/15" sewer line along Avenue G. Most of the improve- ments are being financed by NTSU. He added that NTSU has recommended bids for this work and the City's cost is: (A) Cost of oversizing water line from 12" to 16" ............................... $ 44,722.75 (B) 75% of cost of subject sewer line ........ $ 78,350.25 CITY'S TOTAL COST ......... $123,073.00 The Utilities Board has reviewed subject participation and recommends approval of same. Motion was made by Nash, seconded by Hughes that a participation agreement with NTSU be approved and that the Mayor be authorized to sign same. Motion carried. 8. The Council received and considered a report from the Parks and Recreation Board regarding restriction of alcoholic beverages at City-sponsored activities. Dick Huck, Parks Director, stated that the Parks Board approved the following recommendation to the City Council at their Board Meeting on September 26, 1978: That an ordinance be adopted to restrict the consumption of alcoholic beverages in the specified areas (grandstands) at Athletic facilities where City sponsored activities are being conducted. The vote was 3 to 1. November 7, 1978 Continued Pat Cheek, Chairperson of the Parks Board, stated that prohibiting consumption in the spectator areas could not be controlled. Stewart--This could be stopped with a stiff penalty for offenders. Mitchell--Perhaps the Council should refer the matter to the City Attorney for legality. Motion was made by Mitchell, seconded by Stewart to refer the matter to the City Attorney as to the legality and enforcement, and whether ban could be limited to adults and to only certain areas of the parks. Motion carried. 9. The Council considered a request from North Texas State University concerning relocation of crosswalk on Avenue C. The City Manager stated that the University would-purchase the necessary traffic buttons, but is asking that the City personnel install them as soon as possible. The University is assuming that the City will re-install appropriate signs in accordance with normal practice. He added that he was concerned about the pedestrian traffic across Avenue C and the potentially dangerous hazards to pedestrians. Mitchell stated that he agrees that the crossing location is dangerous for pedestrians. NTSU Police Chief Robinson stated that there could be a grave problem whether a signal was installed or not. Motion was made by Stewart, seconded by Hughes to approve relocation of a crosswalk and to advise NTSU. Motion carried. lO. The Council set the agenda for a study session on November 14. 11. CONSENT AGENDA: Council Member Stewart asked that Item A, regarding final payment to Black & Veatch,be removed from the Consent Agenda. Motion was made by Stewart, seconded by Hughes that the remainder of the Consent Agenda be approved as follows: (A) REFERRALS: Z-1362, the petition of Mr. H. G. Rylander, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on approx- imately 6.1 acres located on East McKinney Street, beginning 350 feet east of Foxworth Galbraith, be referred to the Planning and Zoning Commission for its recommendation. (B) BIDS: (1) #8609, Fire Department Uniforms, was awarded as follows: Item I & 4 to Craven's of Denton Items 2,3,5 & 6 to Factory Sales Co. of Dallas (2) #8610, Janitorial Services, awarded to the low bidder, Big Mo's Janitorial Service (Clyde Mohair) of Denton for items lB, lC, 2A & 2B at $800 per month. (3) #8612, Streetlights, awarded to the total low bidder, Star Electric Supply Company of Oklahoma City at $8,406. (4) #8613 Water Meters-Annual Supply awarded as follows: I~.l· ~0~ Neptune at $25.80 each Item 2 to Neptune at $54.30 each Item 3 to Badger at $122.15 each Item 4 to Neptune at $189.40 each Item 5 to Hersey at $729.00 each Item 6 to Hersey at $1,086.00 each Item 7 to Hersey at $2,100.00 each Item 8 to Badger at $279.72 each November 7, 1978 Continued 12. The Council considered final payment to Black & Veatch Consulting Engineers for services rendered in performance and efficiency tests at Denton Steam Plant. Bob Nelson, Utilities Director, stated that the work had been conducted and reports presented and that the work has been completed satisfactorily. The final invoice has been presented in the amount of $12,208.81. The Utilities Board has recommended final payment. Motion was made by Stewart, seconded by Hughes that final payment be made to Black & Veatch in the amount of $12,208.81. Motion carried. 13. The Council considered a revised ambulance contract with Denton County. Assistant City Manager King Cole briefed the Council and stated that the City has a contract with Denton County and nothing major is involved in the revision. Motion was made by Gay, seconded by Hughes that the revised ambulance contract with Denton County be approved. Motion carried. 14. Mrs. Carolyn Melde appeared concerning sidewalk construction project at the intersection of Mistywood and Glenwood. She stated that the walk should be continued around the curve. She stated that this was an extremely dangerous intersection, adding that flooding occurs during and after each rain. She asked that the City Staff look into this matter and take whatever action is necessary. 15. The Council considered an Ordinance making it unlawful to approve any additional projects to be constructed by Texas Municipal Power Authority, commit or budget any funds, make any payments in support of any such projects without the affirmative vote of a majority of the qualified voters of the City of Denton. Mayor Pro Tem Gay criticized the Ordinance, saying that the City Charter states that it requires a vote of a majority of qualified voters to approve the sale, lease or disposal of any utility system of the City of Denton. Nash stated that the wording was taken directly from the City Charter, adding that other types of elections require only a simple majority. Mayor Mitchell made the following statements: (A) The proposal is absurd. (B) The Ordinance 'is another effort to stop Denton's participation in TMPA. (C) We can't continue to play politics with the people's future power needs. (D) There are not enough people in Denton who know enough about TMPA to make an intelligent decision. (E) The opponents of TMPA have not relied on facts and figures, but have played upon the emotions of the public with scare tactics and promises of lower utility bids. (F) The Ordinance 'is an attempt to keep the controversy of TMPA stirred up. (G) He suggested that the utility system might be set up as a separate entity from the City to keep politics out of it. Council Member Hughes, who serves on the TMPA Board, questioned a clause in the Ordinance which would restrict any future payments to the Agency, including the annual maintenance and operating costs each member City pays to support the TMPA offices. Since we have now committed to 2 projects we are obligated to these maintenance costs. Nash answered that he would take this clause out of the Ordinance and that this Ordinance would not jeopardize projects in which the City is now involved. He added that he would like to have the same good deal the writers of the City Charter gave to those opposed to selling the City's power system. Stewart recommended that the City look into the possibility of Charter changes. Gay--We can't make a decision on this Ordinance without the advice of the bond attorneys. November 7, 1978 Continued Motion was made by Nash, seconded by Stewart to refer the matter to the City Attorney. Motion carried 4 to 1. 16. The Council adjourned into Executive Session at 8:50 p.m. to discuss possible litigation concerning construction of Trade Square and McCormick Street drainage construction and personnel. 17. The Council reconvened into Public Session at 9:35 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:38 p.m. MA~DR C'l~Y SECRETARY City Council November 14, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, November 14, 1978 at 5:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Mitchell, Members Hughes, Nash and Stewart, City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Gay 1. The Council considered a report and recommendation on N. Loop 288. Rick Svehla, City Engineer, briefed the Council, stating that Highway officials indicated that the right-of-way maps and field notes for the project will be complete about February of 1979. They felt that review by the Austin office would be complete around March of 1979. They felt that the appraisal portion of the work would take about nine (9) months, therefore the City would be making offers to the land owners about January of 1980. They also indicated that there might be a possibility of splitting the appraisals into two (2) sections and therefore might be able to save two to three (2-3) months. 2. The Council considered surplus City property. Sam Listi, Assistant City Planner, briefed the Council on all of the surplus property of the City and indicated recommendations of the Planning and Zoning Commission on all property. The Council considered the sale or retention as follows: (A) Tract 1--Old Post Office building and property, recommended for disposition. Council Members were in agreement that the old Post Office building and property should be sold~ but Hughes asked that Human Services Committee be contacted. The Planning and Zoning Commission recommended disposition. It was recommended by the Mayor that an appraisal be made, but no official action was taken. (B) Tract 3--Bell Avenue remnant recommended for disposition. The City Attorney stated that this 1/4 acre could be sold to the adjacent owners without a bid, that all adjacent owners of City remnant property could buy without a bid. (C) Tract 4--Bell Avenue remnant recommended for disposition. Tract 5--Small remnant of street and drainage improvements recommended for disposition. Tract 6--Bell Avenue remnant recommended for disposition. Tract 7--Shallow and steep Bell Avenue remnant recommended for retention. Motion was made by Mitchell, seconded by Hughes to approve sale of tracts 4, 5 & 6, but to retain tract 7. Motion carried. (D) Tracts 8 & 9--Bell Avenue remnants recommended for disposition. Motion was made by Mitchell, seconded by Hughes to authorize disposition of tracts 8 & 9. Motion carried. (E) Tract lO--Island at Eagle and Fort Worth Drive and adjoining S. Elm Street right-of-way, recommended for retention. Motion was made by Mitchell, seconded by Hughes to approve retention of tract 10. Motion carried. (F) Tract ll--A non-utilized, utility department well site recommended for disposition. Motion was made by Mitchell, seconded by Hughes to dispose of tract 11. Motion carried. November 14, 1978 Continued ~ (G) Tract 12--An abandoned lift station recommended for disposition. Motion was made by Stewart, seconded by Hughes to dispose of tract 12. Motion carried. (H) Tract 13--Bell Avenue remnant recommended for retention. Motion was made by Hughes, seconded by Stewart to retain tract 13. Motion carried. (I) Tract 14--Street remnants opposite Emily Fowler Public Library. Large portion on north side of Oakland recommended for retention for future Library parking; two smaller portions are unusable and recommended for disposition. Motion was made by Stewart, seconded by Mitchell to retain the section shown in the light on the map and dispose of the two hatched areas. Motion carried. (J) Tracts 15 & 16--Carroll Boulevard remnants. A minimum 20' along the Carroll corridor is recommended for retention; the remainder is recommended for disposition. Motion was made by Stewart, seconded by Hughes to retain 20' along · ~' the Carroll corridor and to dispose of tract 15, but to hold up action on tract 16 for further study. Motion carried. (K) Tracts 17 & 19--Portions of IOOF Cemetery recommended for retention. Tract 18--Carroll Boulevard remnant recommended for retention, also for possible future use as a park site. Motion was made by Stewart, seconded by Mitchell to retain tracts 17, 18 and 19. Motion carried. (L) Tract 20--Carroll Boulevard remnant. A total of 20' along the Carroll corridor is recommended for retention; the remainder is recommended for disposition. Tract 21--Carroll Boulevard remnant. A total 20' along the Carroll corridor and around the southernmost tip of this intersection is recommended for retention. Motion was made by Stewart, seconded by Hughes to dispose of tract 20, but retain 20' along the Carroll corridor, and that tract 21 be considered after further study. Motion carried. (M) Tract 23--Bell Avenue remnant recommended for disposition. Motion was made by Stewart, seconded by Hughes to dispose of tract 23. Motion carried. 3. The Council received a report on City owned aircraft. Assistant City Manager King Cole briefed the Council by stating that during the last two years the airplane has been used to take aerial photos for Community Development, aerial photos for sanitary landfill and proposed sites, flew County Attorney Investigator for surveillance of pop festival, and proficiency flying of pilots that would be used in civil defense emergency. Cole added that 4 pilots are authorized to fly the plane. Insurance on the plane is a problem. Bids are now out for purchase of the plane~ Mayor Mitchell stated that we can't make a decision until bids for the sale of the plane are in, and he is opposed to the plane continuing in the name of the City. No official action was taken. ~ November 14, 1978 Continued 4. The Council considered selecting a consultant for a housing study. City Planner John Lavretta briefed the Council. Motion was made by Nash, seconded by Hughes to approve the contract with Comprehensive Planning Institute with fee totaling $12,900 and to authorize the Mayor to sign. Motion carried. 5. The Council considered approval of a bond for Lone Star Gas Company. The City Manager briefed the Council, stating that this bond is intended to cover the amounts collected by Principal from residential and commercial customers during the suspension period in excess of the rates finally determined, by the City of Denton, Texas; and if the final decision of the City Council is appealed by Principal to the Railroad Commission of Texas, then an additional bond shall be posted by the Principal in an amount and with sureties approved by the City of Denton to cover the difference between the rates adopted by the City and the rates requested by the Principal before Principal will be permitted to continue to impose the rates set out in the Statement of Intent to Change Residential and Commercial Rates. Since the City of Denton and Principal do not know how long it will take for the Railroad Commission to make a final decision, additional bonds or increases in this bond may be required from time to time by the City of Denton in an amount determined by the City to cover the accruing difference between the rates adopted by the City and the rates requested by the Principal while this matter is pending before the Railroad Commission. City Attorney Isham suggested an additional paragraph to the Resolution allowing an increase of the bond. Lone Star has seen this paragraph and has agreed to it. 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 14TH DAY OF NOVEMBER, A.D. 1978. RESOLUTION WHEREAS, Lone Star Gas Company filed a Statement of Intent to Change Residential and Commercial Rates in the.City of Denton effective August 17, 1978; and WHEREAS, pursuant to Section 43(d) of Article 1446c, Revised Civil Statutes of Texas, the City Council of the City of Denton, Texas, suspended the rates for a period of 120 days beyond the date on which the schedule of rates would otherwise go into effect; and WHEREAS, pursuant to the provisions of Section 43(e) of Article 1446c, Lone Star Gas Company has posted a bond in the sum of $330,000.00 so that they may impose their proposed rates pending disposition of their request; 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 approves the bond and surety furnished by Lone Star Gas Company, a Division of Enserch Corporation so that they may impose the rates requested in their Statement of Intent to Change Residen- tial and Commercial Rates effective as of November 15, 1978. PASSED AND APPROVED this the 14th day of November, A.D. 1978. /s/ ~'~MITCHELL, MAYOR' CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /~/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS November 14, 19Y8 Continued Motion was made by Hughes, seconded by Nash that the Resolution be adopted subject to the acceptance of the bond and the amended paragraph. On roll call vote Stewart "aye", Hughes "aye", Nash "aye" and Mitchell "aye". Motion carried. 6. The Council received TMPA update. The Manager requested that Council Members Hughes and Nash brief the Council. Hughes stated that a General Manager has been hired by TMPA and he will begin his duties on December 4, 1978. Nash added that the new Manager has had extensive experience in the utilities business and has built coal and nuclear plants. Hughes advised that the consulting firm of Stone & Webster have been selected to perform a management study for TMPA. Nash stated that the consulting firm should look at the options of TMPA operating or contracting operations of not only the mine but also the plant. Bob Nelson, Utilities Director, stated that a Pooling Agreement with the Brazos System will be important to the cities and TMPA. Nash said that several questions relative to TMPA should be answered and that it would be advantageous for each city to have a consultant to study TMPA and report its findings to the city. Stewart said that another TMPA unit should not be planned until it's ok'd by all four member cities. 7. The Council considered approval of a Resolution ratifying and extending the Employment Agreement between the City of Denton and the City Manager. 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 14TH DAY OF NOVEMBER, A.D. 1978. RESOLUTION WHEREAS, on September 13, 1977, the City of Denton entered into an Employment Agreement with G. Chris Hartung to serve as City Manager of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton is desirous of extending that contract for another year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Employment Agreement dated September 13, 1977 between the City of Denton, Texas, and G. Chris Hartung is hereby extended for the period December 1, 1978 through November 30, 1979. PASSED AND APPROVED this the 14th day of November, A.D. 1978. /s/ Joe~M~tchell,'Mayor City of Denton, Texas ATTEST: /s/ Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Pa~l c. I~h&~, C~ A~o~e~ city. of Denton, Texas November 14, 1978 Continued Motion was made by Hughes, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye" and Mitchell "aye". Motion carried. 8. The Council adjourned into Executive Session at 7:40 p.m. to discuss litigation-Lone Star Gas Company. 9. The Council reconvened into Public Session at 8:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 8:23 p.m. MAYOR~ City Council November 21, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, November 21, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: 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. ABSENT: Mayor Mitchell and Assistant City Manager Jack Owen. 1. Motion was made by Stewart, seconded by Hughes that the minutes of the Regular Meeting of November 7, 1978 and the Special Called Meeting of November 14, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1361, the petition of Mr. Jack Barton, requesting a change in zoning from Single Family (SF-7) to Multi-Family (MF-1) classification on one acre located at the northwest corner of Sherman and x, North Elm. (¥) After hearing 2 speak in favor and none in opposition, the hearing was closed. John Lavretta stated that the Planning and Zoning Commission voted 3 to 3 but approved the petition, and that 14 letters were mailed with 4 returned in favor and 3 against. Motion was made by Nash, seconded by Hughes to approve the petition. Motion carried (B) A public hearing was held on Z-1362, the petition of Mr. H. G. Rylander, requesting a change in zoning from Agricultural (A) to Light Industrial -- (LI) classification on approximately 6.2 acres located on East McKinney Street beginning 350 feet east of Foxworth Galbraith. City Attorney Isham advised that Mr. Rylander that there must be 4 affirmative votes by the Council to approve his petition, but that only 4 members were present. Mr. Rylander answered that he would rather wait until 5 members were present. Motion was made by Nash, seconded by Hughes to table the request until a later meeting. Motion carried. 3. The Council considered instituting annexation proceedings on 10.6 acres of land owned by First Texas Savings. Motion was made by Stewart, seconded by Nash to institute annexation proceedings by publishing the proposed annexation ordinance. Motion carried. 4. The Council considered Q-18, the request of First Texas Savings seeking the quit claim of a utility easement located east of existing development in Kingston Trace Addition. Following a briefing by the City Planner, motion was made by Stewart, seconded by Nash that the request of First Texas Savings be approved. Motion carried. 5. The Council considered a participation agreement between the City of Denton and Martino Realty for oversize sewer facilities at the Golden Triangle Industrial Park. Bob Nelson, Utilities Director, briefed the Council. Council Member Nash asked if bidding of sewer facilities was done in the regular manner. GO November 21, 1978 Continued Nelson answered that the bid was in accordance with Charter requirements. Three bids were taken by Martino Realty. Motion was made by Stewart, seconded by Hughes that the Participation Agreement with Martino Realty be approved at a cost to the City of $23,463.00. Motion carried. 6. The Council considered a Participation Agreement between the City of Denton and Denton Mall Company for offsite water and/or sewer facilities at the Golden Triangle Mall. Bob Nelson, Utilities Director, stated that the participation was with Denton Mall Company for a 30" water line along Loop 288 and installation of a 30" water line under 1-35E at Loop 288. He added that Luke Turner Construction Company of Fort Worth was the low bidder and that the City's cost is $218,987.00. Motion was made by Gay, seconded by Hughes to approve the Participation Agreement between the City of Denton and Denton Mall Company. Motion carried. 7. The Council considered the recommendation of the Citizens Traffic Safety Support Commission to limit parking on the west side of Bell Avenue to a twelve hour period - 7:00 a.m. -7:00 p.m. Mayor Pro Tem Gay abstained since her husband owns property on Bell. Motion was made by Stewart, seconded by Hughes to limit parking on the west side of Bell Avenue to a twelve hour period - 7:00 a.m. - 7:00 p.m. Motion carried with Gay abstaining. 8. The Council considered the recommendation of the Citizens Traffic Safety Support Commission to remove parking on the east side of Locust from Peach to FM 2164. Motion was made by Hughes, seconded by Nash that parking be removed on the east side of Locust from Peach to FM 2164. Motion carried. 9. The Council considered the recommendation of the Citizens Traffic Safety Support Commission to remove parking on Avenue E and Bonnie Brae and the related construction area, on a temporary basis, to facilitate construction. Rick Svehla of Community Development, stated that during certain phases of construction, particularly storm sewers and underground utilities may need to be removed to facilitate traffic movements. Motion was made by Nash, seconded by Hughes to approve the removal of parking on Avenue E and Bonnie Brae and the related construction area, on a temporary basis, to facilitate construction. Motion carried, 10. The Council considered release of waiver of a portion of a utility easement at 803 Linwood. John Lavretta briefed the Council and stated that the Staff recommended approval. Motion was made by Nash, seconded by Hughes that the release of waiver of a portion of a utility easement at 803 Linwood be approved. Motion carried 11. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 78-67 (Mike Neblett) 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 4031, 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" and Gay "aye". Notion carried. November 21, 1978 Continued ~ (B) ORDINANCE NO. 78-68 (Robert Neese) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 8, BLOCK NO. 176-V, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" and Gay "aye" Motion carried. ' (C) ORDINANCE NO. 78-69 (First Texas Savings) 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 APPROXIMATELY 8 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 Hu§hes, seconded by Stewart that the Ordinance be Motion passed, carried. On roll call vote Nash "aye", Stewart "aye", Hughes "aye" and Gay "aye". (D) ORDINANCE NO. 78-70 AN ORDINANCE OF THE CITY OF DENTON, TEXAS FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF ELECTRICITY TO RESIDENTIAL, COMMERCIAL AND SECURING LIGHT CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED, AND DECLARING AN EMERGENCY. The City Manager stated that the matter was tabled at the last meet- ing to see if a public hearing should be held before adoption, City Attorney Isham stated that the requested change in rates of the Denton County Electric Cooperative, Inc. does not constitute a major change as defined by the Public Utility Regulatory Act; and, therefore, does not require a public hearing before adoption. Motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Nash "nay", Stewart "aye", Hughes "aye" and Gay "aye". Motion carried. 12. The Council considered Public Official Liability Insurance. City Attorney Isham stated that we have received two proposals as follows: (A) UNIMARK MCDONALD, recommended by ICMA. Basic Policy: Will not insure Public Electric Utilities Officials or Boards. The limit of the policy is: $5,000 Deductible to $1,000,000 Liability. Cost for Public Officials, excluding Police & Fire: $5,928. Cost of separate policy for Police Department: $12,280. Cost for Police Dhief, Fire Chief, and Fire Marshall: $1,575. Total cost is approximately $19,783. (B) FORUM INSURANCE COMPANY Basic Policy Limit $10,000 Deductible to $1,000,000 Liability. Cost for Public Officials, Boards, and all personnel of the City is $10,474. Cost of separate policy for Police Department: $15,465. Total Cost: $25,939. November 21, 1978 Continued Motion was made by Stewart, seconded by Nash that the bid of Unimark McDonald be accepted at a cost of $5,928 annually, with the policy to carry $5,000 deductible and $1,000,000 maximum coverage. Motion carried. 13. The Council set the agenda for a study session on November 28, 1978. 14. CONSENT AGENDA Motion was made by Hughes, seconded by Stewart that the following Consent Agenda be approved. Motion carried. (A) Z-1363, the petition of Oak Ridge Company, requesting a change in zoning from Agricultural (A) and Planned Development (PD) to Commercial (C) classification on 18.5 acres located on the west side of 1-35E, beginning 550 feet east of Denton State School Road, was referred to the Planning and Zoning Commission for its recommendation. (B) Bids: (1) #8615, Sand and salt spreader, awarded to the low bidder, Cooper Machinery Company at a total price of $16,025.25. (2) #8616, fencing at Pool, awarded to the low bidder, Denton Fence Company at $5,185.50. 15. The Council adjourned into Executive Session at 8:22 p.m. to discuss land disposition and litigation-Donald Harper et al vs. City of Denton. 16. The Council reconvened into Public Session at 8:45 p.m. to announce that no official action was to be taken. Meeting adjourned at 8:48 p.m. G2 City Council November 28, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, November 28, 1978 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Council Members Hughes, Nash and Stewart, City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Mitchell. 1. The Council considered annual contribution to Flow Memorial Hospital. The City Attorney advised that County Attorney Cobb, in the matter of who pays for indigent care, has received a letter from the Attorney General stating that he would not provide any more opinions. Isham added that Cobb stated that the new Attorney General, Mark White, would be contmcted after the first 6f the year for his opinion. The City Manager recommended that the amount of funding for Flow remain at the budgeted amount of $114,500, which is one half the amount requested, that final amount would depend on opinion rendered by the Attorney General . Leonard Watson, Flow Manager, requested full amount of $229,000 but that they would accept $114,500 and wait for the Attorney General's opinion. Motion was made by Stewart, seconded by Hughes that $114,500 be paid as the City share to Flow budget. (See below after discussion for vote.) Discussion: Stewart--I made an original motion for reducing the City's share because of inequities involved. Nash--I concur. We fully support Flow and have tried to work with the County. Denton does not get a fair shake. Hughes--We have high quality care at Flow and want to pay our share. If the County picks up indigent care, Flow should be in good shape. Gay--We are trying to put the responsibility where it belongs. Flow has good management and Board. Action we take is for, not against Flow. Following the discussion, the above motion by Stewart carried unanimously. 2. The Council received a report on a questionnaire of Cable TV Operators. Assistant City Manager King Cole presented a report relative to a survey of cities served by cable television companies Cox and Storer. He distributed copies of the survey to each Council Member, along with other data. Motion was made by Hughes, seconded by Gay to receive the report on a questionnaire of Cable TV Operators. Motion carried. 3. The Council received landfill report. The City Manager requested that Assistant City Manager Jack Owen present the report. Owen gave the following information: Out of 45 landfill sites considered, it now has boiled down to 4. The sites are as follows: (A) Site #43 near the Municipal Airport (B) Site #36--Approximately 84 acres (C) Site #44--384 acres off Highway 156 North of Ponder Owen advised that site #45 located near Roselawn Cemetery, would be lease property, but that he has been advised that it is no longer available. Motion was made by Stewart, seconded by Hughes to receive the report and to contact Freese and Nichol~ for necessary engineering. Motion carried. November 28, 1978 Continued 4. The Council considered a change order to Denton Construction Company for ramps in sidewalks. Rick Svehla advised that the cost of ramps has increased and that recalculations of costs for all ramps, including the extension of Glenwood, would cost an additional $55,000. Motion was made by Nash, seconded by Stewart to approve the change order in the increased amount of $55,000. Motion carried. _ Director of Finance, Bill McNary, briefed the Council on the status of financing of Capital Improvements Program. Meeting adjourned at 8:15 p.m. City Council December 5, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, December 5, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Council Members Nash, Stewart and Hughes; 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 Hughes that the minutes of the Regular Meeting of November 21, 1978 and the Special Called Meeting of November 28, 1978 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1363, the petition of Oak Ridge Company, requesting a change in zoning from Agricultural (A) and Planned Devel- opment (PD) to Commercial (C) classification on approximately 18.5 acres located on the west side of 1-35E, beginning 550' east of Denton State School Road. After hearing 1 speak in favor and none against, the public hearing was closed. John Lavretta briefed the Council. Motion was made by Gay, seconded by Hughes that the petition be approved. Motion carried. (B) A public hearing was held on the request of Lone Star Gas Company to increase rates. Lester Horstmann, District Manager of Lone Star Gas in Denton, stated that Lone Star had lost $409,952 last year. He requested that the City approve a 22% increase of residential rates. He added that the proposed rates would be $4.00 for the first 1,000 cubic feet and $2.74 per cubic feet above the first 1,000 cubic feet. Bill McNary, Finance Director, briefed the Council relative to the background of the request, the overview of revenues. He stated that Lone Star's request would increase revenues as follows: Sale of Gas Additional $998,492 (+22%) Service Charges Additional $ 58,650 (+137%) No one spoke for or against the petition. The public hearing was closed. The Mayor advised that a decision by the Council would be made at the December 12th meeting. 3. The Council considered authorization to begin design work for improve- ments to Hobson Lane Sewer Lift Station. Utilities Director Bob Nelson stated that the cost of the lift station would be approximately $ 75,000. Nelson requested that Freese & Nichols be employed as the engineers for the project, and that the Staff be authorized to advertise for bids. Motion was made by Gay, seconded by Hughes to employ Freese & Nichols and to authorize the Staff to advertise for bids for Hobson Lane Sewer Lift Station. Motion carried. December 5, 1978 Continued 4. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 78-71 AN ORDINANCE PROHIBITING PARKING ON THE EAST SIDE OF LOCUST STREET FROM PEACH STREET TO FM 2164; AND PROHIBITING PARKING ON THE WEST SIDE OF BELL AVENUE FROM SHERMAN DRIVE TO UNIVERSITY DRIVE FROM 7:00 A.M. TO 7:00 P.M.; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tem Gay abstained since her husband owns property on the east side of Bell. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye" and Mitchell "aye". Motion carried with Gay abstaining. (B) ORDINANCE NO. 78-72 (Jack Barton) 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 10, 11, 12, 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 Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE NO. 78-73 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 15 "PARKS AND RECREATION" BY ADDING A NEW SECTION 15-10 PROHIBITING POSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN lO0 FEET OF A PLAYING FIELD; DESIGNATING THE POST- ING OF SIGNS; CALLING FOR ENFORCEMENT; DECLARING A PENALTYI PROVIDING A SEVER- ABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 5. The Council considered the recommendation of the Citizens Traffic Safety Support Commission to replace parking meters on Avenue A, Hickory and Fry Streets. Rick Svehla stated that 43 to 45 merchants in the subject area signed a petition in favor of 1 hour time limit meters. He stated that the Traffic Commission had recommended that these meters be installed on Fry from Oak to Hickory, on Hickory from Avenue D to 200 feet past Avenue A, on Avenue A from Hickory to Mulberry and on Mulberry from Avenue A to approximately 150' east of Avenue A. He added that the Commission felt that leasing the meters would be the best alternative, but that the staff advised them that we would like to have more information before making a decision. 6. The Council considered a Resolution to authorize submitting an applica- tion for a Resource Recovery Grant. The City Manager recommended that the City submit an application to the U,S. Environmental Protection Agency for a Resource Recovery Grant. He stated that both Universities, Acme Brick and the City Power Plant are possible users of solid waste as a boiler fuel source. He added that study would take two years at a cost of approximately $327,000. The City would pay $82,000 of this amount. Council Member Stewart stated he was pleased with the prospects since he had been pushing solid waste conversion since coming on the Council. The City Manager stated that Denton's share of a grant would have some impact on the 79-80 budget. December 5, 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 5TH DAY OF DECEMBER, A.D. 1978. RESOLUTION WHEREAS, certain citizens and organizations in the community, which include the League of Women Voters and the Citizens Landfill Site Selection Committee, support the development of a program for resource recovery in the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas has determined that Resource Recovery may offer a long range solution to the solid waste problem in Denton; and WHEREAS, the City Council has determined that funds are available from the United States Environmental Protection Agency to finance 75% of the cost of conducting a feasibility study for a Resource Recovery Project; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY MANAGER OF THE CITY OF DENTON, TEXAS: Is hereby authorized to submit an application to the United States Environmental · ~' Protection Agency for funding under the Resource Conservation and Recovery Agency for funding under the Resource Conservation and Recovery Act of 1976 to conduct a feasibility analysis of Resource Recovery for the City of Denton. Passed and Approved this the 5th day of December, A.D. 1978. /s/ ~OE-MITCHELl, MA¥~R 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 Hughes that the Resolution be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 7. The Council considered approval of participation in water line oversize on Mayhill Road with Andrews Corporation. Utilities Director Bob Nelson stated that the Utilities Board had approved participation by the City in water line oversize from 8" to 12" with Andrews Corporation north of 1-35E near Mayhill Road. He added that an advance has been made from the electric fund to the water bond fund to provide work capital until water-sewer bonds may be issued. The electric fund will be reimbursed from the water revenue fund for all expenditures made from the water bond fund, and upon receipt of the water bond proceeds. All remaining electric fund cash will be returned to the electric fund. Council Member Nash stated that he was abstaining because of engineering work for the corporation. Motion was made by Mitchell, seconded by Stewart to approve participation in water line oversizing on Mayhill Road with Andrews Corporation. Motion carried with Nash abstaining. ~ December 5, 1978 Continued 8. The Council set the agenda for the December 12, 1978 study session. 9. CONSENT AGENDA: Motion was made by Stewart, seconded by Hughes that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: Z-1364, the petition of Ms. Joann Cohagen, requesting a change in zoning from Single Family (SF-7) to Commercial (C) classification on .78 acre located at the southeast corner of Taliaferro and North Elm, be referred to the Planning and Zoning Commission for its recommendation. lO. The Council adjourned into Executive Session at 8:10 p.m. to discuss Trantham vs. Holt lawsuit and Personnel. 11. The Council reconvened into Public Session at 8:45 p.m. to announce that no official action was to be taken. Meeting adjourned at 8:48 p.m. M~¥OR City Council and CATV Advisory Board December ll, 1978 Special Called Joint Meeting of the City Council and the CATV Advisory Board, Monday, December 11, 1978 at 12:00 noon in the Civil Defense Room in the Municipal Building. PRESENT: CitS Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart ~d Hughesi City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. CATV AdvisorS Board: Ed Morrison, Chairman, and Members Dr. Ed Glick, Leonard Grafa, Jerry Borchardt and Richard Ray. 1. A report was received from the Cable Television Information Center on the evaluation of the cable television proposals. Assistant City Manager King Cole briefed the Council and introduced Mike McGregor with Cable Television Information Center who summarized a written report that he had provided for members of the Council and the Cable Television Advisory Board. Following the presentation, McGregor stated that there is a dead heat between the two cable television operators. There is no way to decide that one proposal clearly indicates superiority over the other. Both are major multiple systems with good track records. Mr. McGregor stated that he would attend the meeting of Tuesday, December 12, 1978. Meeting adjourned at 1:06 p.m. City Council December 12, 1978 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, December 12, 1978 at 5:30 p.m. in the Council Chamber 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. The following Ordinance was presented: ORDINANCE NO. 78-74 ORDINANCE CANVASSING BOND ELECTION RETURNS Following a canvass of the tally sheets and election results, motion was made by Hughes, seconded by Gay that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 2. The Council considered instructing the City Attorney on steps to be taken in the Trantham vs. Holt lawsuit. The Mayor read the following statement: The consensus of the City Council is to exercise our legal right to appeal the decision handed down by the Court of Civil Appeals. The original decision of the District Court was appealed because we believed the requirements of the City Charter had not been met. The Council has the sworn obligation to defend the integrity of the Charter. We believe it is important that the recall issue be viewed in proper perspective. The three Council members have not been accused of illegal acts, misfeasance in office, or even incompetence. We are being challenged on a policy decision which was made in good faith. The challenge comes from 795 people, or approximately 1.6 percent of the 51,500 residents of Denton. Every member of the Council has had more votes than that cast against him or her in regular elections. We have talked with some signers of the petition who said that they would now disassociate themselves from the petition. We have been contacted by many people urging appeal of the decision as being in the best interests of Denton. The Council doubts that a recall election would be successful. However, we are very concerned with ~the ramifications of just holding such an election. This would discourage future candidates from running. It would have a disruptive and divisive effect in Denton. It would cause widespread unfavorable publicity for Denton statewide, and possibly on a national level. We are extremely concern- ed with the effect such publicity would have on attracting new residents and industry to Denton. OUr city cannot afford more publicity like we have received from the wet-dry elections, the TMPA litigation, headline-grabbing criminal cases, and investigation of local government agencies. Denton has a lot to lose and nothing to be gained from such an election. The three Council members all have terms that expire on April 10. A recall election on January 20 would be just eleven weeks prior to the expiration of their terms. Two of the three have definitely stated they are not running for reelection. Mr. Mitchell has never had any intention of running for a third term, and first announced this over a year ago. Mrs. Hughes has also announced her intention not to seek a third term. Mrs. Gay has not stated her intention. Should a recall be successful, City government would come to almost a complete stop. The two remaining members could not even meet, much less take any action. Most important actions of the City require Council approval, so little could be done. No zoning changes could be made. No appointments could be made to fill vacancies on boards. Needed equipment could not be purchased. Legal documents and contracts could not be approw~d. Severe financial problems could develop. Grant money could be lost. At worst, the Council would cease to exist for eleven weeks. At best, the Governor could call a special election, but his would probably take thirty days or longer. Those elected could only serve until April 10, when the regular election would still be held. Likely two campaigns would be going on at the same December 12, 1978 Continued time--one for the special election, and one for the regular election overlapping. In this case, three Council elections would be held within a period of eleven weeks. The resulting expense and invonvenience to the voters and candidates would be unreasonable. We believe we are acting in the best interest of our City in appeal- ing this decision. Motion was made by Mitchell, seconded by Gay to direct the City Attorney to appeal the case of Trantham vs. Holt to the State of Texas Supreme Court. Motion carried. 3. The Council considered Lone Star Gas Company's application for rate increase. Finance Director Bill McNary gave~an overview of the Lone Star Gas rate adjustment request, stating as follows: Overall, our recommendations will provide for a reduction of $327,758 on Lone Star's request of $1,057,142. Lone Star proposed an increase in rates for the sale of gas to residential and commercial customers of $998,492 and these recommendations will accomplish a 32% reduction in that request. The proposed revenue in the analysis is sufficient to pay the operating expenses plus a reasonable return on invested capital. McNary recommended 15% increase for sale of gas, 137% increase of service charges. Total revenue increase 16.53%, with a rate of return on rate base 7.97%. The following Ordinance was presented: ORDINANCE NO. 78-75 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED, AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Hughes that the Ordinance be passed. On roll call vote Nash "nay", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. 4. The Council considered approval of the 1978 tax roll and authorizing the Mayor to sign. The tax roll indicates as follows: Accounts Tax Valuation 27,676 $3,582,432.98 $288,902,702.00 Motion was made by Hughes, seconded by Gay to approve the Tax Roll as prepared by the Board of Adjustment and authorize the Mayor to sign same. Motion carried. 5. The Council considered the request of the Denton High School principal to approve the landing of a U.S. Marine helicopter in an open space near the Denton High School on January 27, 1979. Council Member Nash stated that he was opposed to any aircraft landing in the City of Denton. Mayor Pro Tem Gay agreed that there was a potential danger. Motion was made by Gay, seconded by Hughes to table the matter for more information. Motion carried. 6. The Council considered Q-20, the recommendation of the Planning and Zoning Commission to quit claim a portion of the utility easement at 803 Linwood. Council Member Nash stated that there was a possibility that damages from digging up pipe could cause foundation problems, which could cause a damage suit, adding that the quit claim should have the necessary language to protect the City. Motion was made by Nash, seconded by Hughes to approve the quit claim which will contain the same statement as in the release of lien document considered by the Council previously. Motion carried. December 12, 1978 Continued 7. The Council considered authorizing the Mayor to sign a railroad crossing license to cross the MKT tracks at Mayhill Road with a 12" water line. Council Member Nash abstained since he was an engineer on the project. Rick Svehla stated that the Mayor must sign the license to allow for the extension of a 12" water line along Mayhill Road, and this is the line for the Andrews Corporation that the Council approved at the December 5th meeting. He also stated that the City Attorney has reviewed the license and has agreed that it is standard as to form and content. Motion was made by Gay, seconded by Hughes to authorize the Mayor to sign the agreement. Motion carried with Nash abstaining. 8. The Council considered disposition of City-owned aircraft. Assistant City Manager King Cole stated that II bids were received on the sale of the aircraft, that the high bid was made by David Marks of Arlee, Montana at $24,151. He recommended that the City Council authorize the City Manager to negotiate with Mr. Marks for reduction in the bid to compensate for the loss of a spare propeller. Motion was made by Nash, seconded by Gay to sell the aircraft to the high bidder with the staff to negotiate for the spare propeller up to an amount of $1,500. Motion carried. Meeting adjourned at 6:30 p.m. The Council reconvened at 7 p.m. with the CATV Advisory Board. Present were: E. W. Morrison, Chairman, Dr. Edwin Glick, Charles Ray, Jerry Borchardt and Leonard Grafa. 1. The Mayor opened the Public Hearing 2. PRESENTATION BY GOLDEN TRIANGLE COMMUNICATIONS: Roy Appleton, Jr., stated that stability and dependability will be to the advantage of Denton citizens. He named the officers of Denton Publishing Company and officers of Cox Cable Communications. He stressed cooperation with channel 2. He pointed out that the Record Chronicle had completed 75 years of service to Denton. Bill Pitney, Vice President of Cox Cable, presented a history of the Company and outlined a planned scope of service for the City of Denton. Beverly Land, Director of Community Relations for Cox, explained use of cable television, including local and educational programs. QUESTIONS BY CITY COUNCIL AND CATV ADVISORY BOARD. Dr. Glick of the CATV Advisory Board asked if there would be a mobile unit. Ms. Land stated that there would be a full time mobile unit for Denton. In answer to a question about an alert system, Ms. Land stated that Cox Cable has an emergency capability. Charles Ray asked--Will an emergency capability be installed? Pitney stated that the emergency system would be very expensive for the subscriber, but a very viable service. ~Council Member Nash voiced concern relative to future rate increases. 3. PRESENTATION BY NORTH TEXAS CABLE COMMUNICATIONS, INC. Walt Parker, who along with Dr. C. C. Nolen, Dr. Conrad Kinard and Tom Fouts, stockholders in the Storer Cable Communications, were introduced. Parker stated that Storer people were dependable, that they do what they say they will do. He also stated that North Texas Cable has all necessary equipment and expertise to do the best job 'for the City of Denton. December 12, 1978 Continued Questions: Question: What is the cost of a convertor? Answer: About $45.00 each. Question: Who uses the mobile unit? Answer: If smaller communities need the unit and Denton is not using it, we will make it available to these smaller communities. Question: You said this would supplement the activities of channel 2. Answer: We will cooperate with channel 2. Question: How many places would use the mobile unit? Answer: Denton would have absolute priority. Question: The Mayor asked if North Texas Cable was proposing an office building and service in Denton? Answer: Yes. CATV Advisory Board Member Glick stated that it was important that Council meetings be televised. Question: What percentage of revenues go to the City? Answer: Ed Morrison answered 3% of the gross revenue. Question: What about pornographic films? Answer: No "X" rated films, but "R" rated films possible at late hours by both companies. The question was asked, what does channel 2 entail? Appleton stated that Channel 2 was allocated to Denton for educational VHF broadcasting. There followed a question to Mr. Appleton relative to the Denton Record Chronicle's failure to publish releases. Appleton stated that 2 releases were sent to the Record Chronicle and were run verbatim. Two weeks later a release was sent relative to Storer. It was not run because this story involved a franchise of another City. Attorney John Narsutis stated that there was one release that was not run relative to a meeting of Storer stockholders. Ray asked if North Texas Cable Communications charged for access to studio and equipment. Answer: Yes, North Texas would charge for production but not for air time. The Mayor asked if Cox was sure that it could build the station in 14 months. Appleton stated--absolutely, but that Storer had indicated 3 years, that Cox has its own construction company and Storer does not. At this point there were several questions asked relative to rumors. The first one was: Is North Texas Cable Communications connected with KDNT in any way? Appleton answered no. Appleton then explained the difference between a partnership and a stockholder. Mr. Proctor of Storer Cable stated that they had checked and found only 2 places where cross ownership of newspaper and cable television existed. December 12, 1978 Continued The Public Hearing was closed. Morrison, Chairman of the CATV Advisory Board, asked the Board Members if they were ready to state their positions. Motion was made by Grafa, seconded by Borchardt to award a franchise to Golden Triangle Communications. On roll call vote Ray "nay", Glick "nay", Grafa "aye", Borchardt "aye" and Morrison "aye". Motion carried 3 to 2. Morrison then advised the Council that the CATV Advisory Board recommended Golden Triangle Communications. Mayor Mitchell then asked for a motion from the Council. Council Member Nash asked that the Council delay action until Council Member Stewart was present. Motion was made by Nash to table the matter. The motion died for lack of a second. Motion was made by Gay, seconded by Hughes to direct the City Attorney to draw up a franchise ordinance with Golden Triangle Communications. Motion carried 3 to 1. City Attorney Isham advised that the franchise will be voted on at 2 separate meetings. Council Member Nash said that the City Council had done a disservice to the citizens of Denton. Meeting adjourned at 11:20 p.m. ~ ~Y SECRETARY City Council December 19, 1978 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, December 19, 1978 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Gay, seconded'by Mitchell that the minutes of the Regular Meeting of December 5, the Special Called Joint Meeting of December 11, the Special Called Meeting of December 12 and the Special Called Joint Meeting of December 12 with the CATV Advisory Board be approved. Motion carried. 2. PUBLIC HEARING: (A) A public hearing was held on Z-1362, the petition of Mr. H. G. Rylander, requesting a change in zoning from Agricultural (A) to Light Indust- rial (LI) classification on 6.2 acres located on East McKinney Street; beginning 350 feet east of Foxworth Galbraith Company. After hearing 2 speak in favor and none in opposition, the Mayor closed the public hearing. John Lavretta stated that 8 letters were mailed with 4 in favor and 1 in opposition, and that the Planning and Zoning Commission had recommended approval unanimously. Motion was made by Gay, seconded by Stewart that the petition be approved. Motion carried. 3. The Council considered the Human Resource Committee's recommendation concerning the need for a sheltered rehabilitation workshop in Denton. John Lavretta advised that the HRC passed a motion as follows: "It is the opinion of the Committee that a workshop is needed in this area with the reservation, that if established, it be operated to benefit other than the mentally retarded as defined by State law; adding that it is the opinion of the Committee that a selection of the site of a sheltered workshop is not part of HRC's responsibility." 4. Homer Reese, representing Denton County Community Council, appeared to request use of the old Post Office Building for rehabilitation service and sheltered workshop for disabled and handicapped. Mr. Reese made the following, among other statements: There is an urgent, proven need for a sheltered workshop to be located in Denton. Considerable State and Federal funds are available for commun- ities that exhibit strong local support to have such a program. There is sufficient leadership, organization, expertise and resour- ces in Denton to make this proposal into a model sheltered work- shop, given the opportunity. Answering a question of Mayor Pro Tem Gay's, Reese stated that a 5 year lease would be adequate. The City Manager said that this project is important to the City, but that the old Post Office Building needs much rehabilitation. He asked Mr. Reese if they had evaluated a more appropriate place without the expense of modification. The answer was no. Mayor Mitchell stated that he still thought that the City should sell the old Post Office Building. The City Manager advised that the City had asked for an appraisal of the building. December 19, 1978 Continued Council Member Hughes stated that she thought that the City should keep this building since it's near other City buildings and might be needed for City opera~ion space later. Motion was made by Stewart, seconded by Gay to defer the Community Council's request for study. Motion carried. 5. The Council considered the request of the Denton High School principal to approve the landing of a U.S. Marine helicopter in an open space near the Denton High School on January 27., 1979. Sergeant Strain of the High School ROTC stated that the helicopter would land on the practice field across from the High School and remain for 1 1/2 hours. No danger would be involved and no passengers would be flown. Motion was made by Stewart, seconded by Hughes to approve the request of Denton High School to land a U.S. Marine helicopter in an open space near the High School on January 27, 1979. Motion carried 4 to 1. 6. The Council considered site plan and location of a proposed police firing range. Assistant City Manager King Cole briefed the Council, stating that if the Council approves the request for the firing range, the following 3 things must be done: (A) Refer the proposed property use and location to the Planning and Zoning Commission for recommendation on the use of this City property. (B) Instruct the Ci'~y Manager to determineif funds are available. (C) Instruct the City Attorney to prepare an ordinance amending Sec. 14-4 of the City Charter to allow discharging of a firearm within the City limits. Police Chief Mills pointed out that the Highway Patrol, Sheriff's Department and the Police Departments from TWU and NTSU will use the range for hand gun training purposes. He reviewed the proposed plans. Motion was made by Gay, seconded by Stewart to approve the Police firing range construction and that the Staff arrange for financing. Motion carried. 7. The Council considered an Ordinance granting a franchise for cable television to Golden Triangle Communications. City Attorney Paul Isham briefed the Council, stating that the CATV Advisory Board had met and unanimously recommended that the ordinance be passed. He reviewed the proposed ordinance section by section and added that ordinance 78-21 should be noted. Council Member Stewart said that since one group will own two medias, Golden Triangle must have a strong committment to this City. The following ordinance was presented: ORDINANCE #78-76 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING TO GOLDEN TRIANGLE COMMUN- ICATIONS, A PARTNERSHIP OF SUBSIDIARIES OF DENTON PUBLISHING COMPANY AND COX CABLE COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, THEIR SUCCESSORS AND ASSIGNS, A FRANCHISE TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM, ITS STRUCTURES AND APPURTENANCES THERETO, IN, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES AND OTHER PUBLIC WAYS AND PLACES IN THE CITY OF DENTON; ESTABLISHING RATES TO SUBSCRIBERS AND PAYMENT TO THE CITY; ESTABLISHING CONDITIONS FOR THE USE OF THE STREETS AND OTHER PUBLIC PROPERTY; PROVIDING RULES GOVERNING THE OPERATION OF THE SYSTEM; PROVIDING FOR A SEVERA- IBILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Mitchell, seconded by Gay that the ordinance be passed on its first reading. On roll call vote Nash "nay", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. December 19, 1978 Continued 8. The Council considered Q-19, the requested quit claim of the dedicated portion of Coit Street from Sunset Street south to the drainageway. John Lavretta advised that the Planning and Zoning Commission consid- ered this request on December 6, 1978 and recommended the City quit claim the dedicated portion of Coit Street from its intersection with Sunset south to the d rainageway to adjacent property owners McGill and Barker. The Planning and Zoning Commission also recommended retention of an easement on the entire area. Motion was made by Nash, seconded by Hughes to approve quit claim of the dedicated portion of Coit Street from Sunset Street south to the drainageway and that an easement on the entire area be retained and that the quit claimed land cannot be sold..Motion carried. 9. The Council considered participation agreement for oversizing sewer line in Kingston Trace residential development. Utilities Director Bob Nelson stated that the Water and Sewer Depart- ment requires an 18" sanitary sewer line be installed and will participate in the difference between the 10" and the 18" line. The City's cost will be $22,214.72, this amount to come from sewer bond fund. Nelson added that the Utilities Board had approved this participation. Council Member Nash stated that the City should handle bids, not developers. Motion was made by Gay, seconded by Mitchell to participate in the cost of oversize sewer line in the Kingston Trace subdivision. Motion carried. 10. The Council considered participation in overwidth paving of Kings Row, Kingston Trace subdivision. Jack Owen stated that construction cost would be $18,031.30 and this appropriation is standard procedure to achieving proper width and quality of major collector streets. He added that the Staff recommends approval of construction of the overwidth and extra depth of paving and payment thereof. Motion was made by Gay, seconded by Hughes to participate in the over- width paving of Kings Row with Kingston Trace subdivision. Motion carried. ll. The Council considered a report on progress of Step III Grant Appli- cation for wastewater treatment plant addition. Bob Nelson stated that the Step III Grant Application provides for the building and erection of plant and related facilities. The Federal share of the entire project would be $6,929,168.00, with the City's share to be $2,309,722.00, and that bonds must be sold before a construction contract can be awarded. He added that the Utilities Board has approved the application. Motion was made by Stewart, seconded by Gay to submit an application to the Texas Department of Water Resources as recommended by the Utilities Board and the Utilities Director. Motion carried. 12. The Council considered change order number one to the sidewalk contract with Denton Construction Company. Jack Owen stated that this addition was authorized by the Council at their November 28 meeting and that it calls for approximately 160 ramps of various types and an additional 250 feet of walk. He added that the Staff feels that an additional 100 working days should be added to the contract to facilitate the construction. Construction cost will be $63,350. Motion was made by Nash, seconded by Mitchell to approve change order number one to the sidewalk contract with Denton Construction Company in the amount of $63,350. Motion carried. December 19, 1978 Continued 13. The Council considered change order number one and two to the McCormick Street drainage project with Denton Construction Company. Rick Svehla stated that the change orders were necessary through an error in calculation for the Rip-Rap by condition of the settlement for a retain- ing wall. The construction cost for Rip-Rap would be approximately $16,000, and for the retaining wall and fence, approximately $2,900. The funds will come from the Capital Improvements Bond Funds. It is also requested that an additional 75 working days be added to the contract. Motion was made by Mitchell, seconded by Hughes to approve change order number one and change order number two as recommended. Motion carried. 14. ORDINANCES: (A) Ordinance No. 78-77 AN ORDINANCE AUTHORIZING THE DIRECTOR OF ENGINEERING AND DEVELOPMENT TO TEMPOR- ARILY PROHIBIT OR RESTRICT PARKING ON CITY STREETS AND THOROUGHFARES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Gay, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) Ordinance No. 78-78 (Oak Ridge Company) 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 8.6 AND 9.9 ACRES OF LAND OUT OF LOT 6, BLOCK 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFEC- TIVE DATE. Motion was made by Gay, seconded by Nash that the Ordinance be passed. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay ~aye" and Mitchell "aye". Motion carried. 15. The Council considered tax adjustments for the month of November, 1978. Motion was made by Nash, seconded by Hughes that the tax adjustments be approved. The motion was then withdrawn by Nash and Hughes after Council Member Stewart stated that he saw names of a lot of people that could be contacted. Motion was then made by Stewart, seconded by Nash to table the matter. Motion carried. 16. The Council considered bid #8582, for restrooms and concession stands at various City parks. Motion was made by Stewart, seconded by Hughes that all bids be rejected. Motion carried. 17. CONSENT AGENDA: Motion was made by Hughes, seconded by Gay that the Consent Agenda be approved as follows: Motion carried. (A) REFERRALS: The following three petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1365, the petition of Mr. Dick Harris, requesting a change in Zoning from Single Family (SF-IO) to Multi-Family (MF-1) classification on approximately 21 acres located north of the Denton County Fairgrounds and generally west of Carroll Boulevard. (2) Z-1366, the petition of Safety Kleen Corporation requesting annexation and Planned Development (PD) zoning classification on approximately four acres located south of the existing Safety Kleen facility on the east side of Cooper Creek Road. December 19, 1978 Continued (3) Z-1367, the petition of Mr. Jesse Coffey, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on approximately 26 acres located on the west side of Sherman Drive beginning 1400 feet north of Hercules Lane. (B) BIDS: (1) #8619, General and automobile liability insurance awarded to Employers Insurance of Texas. (2) Purchase Order #38253, repair parts, approved for payment to Mechanical Southwest, Inc. in the amount of $3,181.00. Meeting adjourned at 9:15 p.m. ~) MAYOR ~ CITY SECRETARY City Council January 16, 1979 Regular Meeting of the City Council of the City of Denton, Tuesday, January 16, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, 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. ABSENT: Mayor Pro Tem Gay. 1. Motion was made by Hughes, seconded by Stewart that the minutes of the Regular Meeting of December 19, 1978 be approved. Motion carried. 2. PUBLIC HEARING: (A) A public hearing was held on Z-1366, the petition of Safety Kleen Corporation, requesting annexation and Planned Development (PD) zoning classification on a 4 acre tract located on the east side of Cooper Creek Road, south of the exist- ing Safety Kleen facility. The Mayor opened the Public Hearing. After hearing 1 speak in favor and none in opposition, John Lavretta stated that there was no opposition from letters mailed to property owners, and added that no motions were to be made on the request. He also stated that the Planning and Zoning Commission recommended approval with several conditions. ~ Council Member Stewart asked how the solids from the products were disposed of. Utilities Director Bob Nelson answered that the Company complies with the waste ordinance. 3. Ed Stapleton appeared regarding facilities for the handicapped at the Municipal buildings. He sited State laws and advised that the Municipal buildings be changed so that handicapped persons can use bathrooms and other facilities. Council Member Stewart stated that this is ridiculous to re-do buildings at exhorbitant costs. The City Manager asked Stapleton for a full list of concerns, and he added that the Staff must analyze the cost and present findings to the Council. 4. Roland Vela, Chairman of the Airport Advisory Board gave a report from the Airport Advisory Board on Aerosmith Denton Corporation contract. He compared the 1965 contract with the 1975 contract. He pointed out the following: (A) The term of contract (30 years). (B) The base rent ($700 per month). (C) The hangar rental where Aerosmith pays the City 10% of these rentals. (D) The recapture of the terminal building. (E) Building maintenance. (F) Removal of structures (not to be removed without agreement of both parties). (G) The utilities (City will provide all utilities and security lighting. (H) New construction (any new construction be submitted to the City for approval. (I) Default (in case of default for any reason the City has the right of first refusal on purchase of all structures. (J) Gallonage Fee---Aerosmith shall pay the City 2¢ per gallon on aviation fuel~ (K) Other Aerosmith Enterprises--Aerosmith may engage in any aviation/ airport-related business. COMMENTS: Stewart--Could the Board work up a contract more favorable to the City? Vela--I believe the Board would be happy to work out a new contract. 81 January 16, 1979 Continued C. J. Taylor, Member of the Ad Hoc Committee--We were asked to compare the 1965 and the 1975 contract. Hughes--We were 'told that the 1975 contract would mean more, not less money for the City. We need to come up with an ideal contract. Nash--This needs to be resolved. I am not in favor of breaking a contract. The extension of 30 years is the worst part of the contract, but we should honor it. Stewart--Aerosmith told the City that they borrowed for hangars on a 30 year pay-off, but actually they had only a 12 year loan. Motion was made by Nash, seconded by Hughes to receive the report by the Airport Advisory Board and Ad Hoc Committee. Motion carried. Hr. Giles Smith of Denton Aerosmith requested permission to meet with the Council to discuss the contract. The Council agreed. 5. The Council considered Q-21, the requested quit claim of a utility ease- ment on properties located on the west side of Stuart Road in the vicinity of Manhattan and Sierra. John Lavretta briefed the Council. Council Member Nash abstained since he is engineer on the project. Motion was made by Hughes, seconded by Stewart that the quit claim of the utilities easement be approved. Motion carried with Nash abstaining. 6. The Council considered land acquisition and hiring of an appraiser for Community Development funded park and drainage project. John Lavretta stated that approximately $65,000 has been set aside for the project, $35,000 for drainage improvements. The site is west of Dreamland Apartments. Motion was made by Stewart, seconded by Hughes to acquire the property and hire an appraiser. Motion carried. 7. ORDINANCES: The following Ordinances were prese.nted: (A) ORDINAi~CE NO. 79-1 AN ORDINANCE OF THE CiTY OF DENTON, TEXAS, GRANTING TO GOLDEN TRIANGLE COMMUNI- CATIONS, A PARTNERSHIP OF SUBSIDIARIES OF DENTON PUBLISHING COMPANY AND COX CABLE COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, THEIR SUCCESSORS AND ASSIGNS, A FRANCHISE TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM, ITS STRUCTURES AND APPUR- TENANCES THERETO, IN, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES AND OTHER PUBLIC WAYS ~,ND PLACES IN THE CITY OF DENTON; ESTABLISH- ING CONDITIONS FOR THE USE OF THE STREETS A.~O OTHER PUBLIC PROPERTY; PROVIDING RULES GOVERNING THE OPERATION OF THE SYSTEM; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "nay", Hughes "aye", Stewart "aye" and ~litchell "aye". Motion carried 3 to 1. (B) ORDINANCE NO. 79-2 AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Stewart "aye" and Mitchell "aye". Motion carried. January 16, 1979 Continued (C) ORDINANCE NO. 79-3 (H. G. Rylander) 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 6.2 ACRES OF LAND OUT OF LOT 7, BLOCK 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 Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye" and Mitchell "aye". Motion carried. (D) ORDINANCE NO. 79-4 THAT THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, IS HEREBY AMENDED BY AMENDING CHAPTER 14, ARTICLE I, SECTION 14-4 "DISCHARGING FIREARMS" TO ALLOW THE DISCHARGE WITHIN THE CORPORATE LIMITS OF THE CITY UNDER CERTAIN EXCEPTIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" and Mitchell "aye". Motion carried. 8. The Council considered the following Resolution supporting DCCC's efforts to establish sheltered workshop: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 3ENTON, TEXAS, ~iELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF JANUARY, A.D. 1979. RESOLUTION WHEREAS, there is a need for a sheltered workshop for handicapped, disabled and mentally retarded persons in Denton County; and WHEREAS, the City of Denton's Human Resource Committee has recommended such a workshop; and WHEREAS, the Denton County Community Council is attempting to establish a sheltered workshop for the disabled, mentally retarded and handicapped; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Denton County Community Council be encouraged to establish a sheltered workshop for the disabled, mentally retarded and handicapped in Denton County, and that all citizens and agencies give their support to such endeavor. PASSED AND APPROVED this the 16th day of January, A. D. 1979. /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 Mitchell that the Resolution be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye" and Mitchell "aye". Motion carried. January 16, 1~79 Continued 9. The Council considered the following Resolution authorizing the City Manager to execute contracts with Denton County Cities for ambulance service: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF JANUARY, A.D. 1979. RESOLUTI OI~ WHEREAS, the City of Denton commenced an ambulance service that is now part of the City of Denton Fire Department; and WHEREAS, officials from the City of Denton, County of Denton and other Denton County cities and towns agreed that certain cities and towns as well as a certain portion of the unincorporated area of Denton County would be provided ambulance service by the City of Denton; and WHEREAS, agreements have been prepared and approved between the City of Denton and other cities and towns in Denton County for providing this service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 9ENTON, TEXAS: That the ambulance contracts between the City of Denton and other cities and towns in Denton County are hereby approved and the City Manager or Hayor of the City of Denton are hereby authorized to execute the same on behalf of the City of Denton. PASSED AND APPROVED this the 16th day of January, A.D. 1979. /s/ JOE MITCHELL, 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 Motion was made by Hughes, seconded by Stewart that the Resolution be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye" and Mitchell "aye". Motion carried. 10. The Council considered a motion to approve TML Workmens' Compensation Board of Trustees ballot. The City Manager stated that the by-laws of TML Workmens' Compensation Joint Insurance Fund says that all board member positions after the original appointments would be subject to election. Motion was made by Stewart, seconded by Nash that Alfred H. Koebig, Ed Wagoner and R. Marvin Townsend are the choices of the Council. Motion carried. 11. CONSENT AGENDA: Motion was made by Hughes, seconded by Stewart that the following Consent Agenda be approved with item C-4, Bid #8620-Sludge Truck, removed. Motion carried. (A) REFERRALS: The following 8 petitions were referred to the Planning & Zoning Commission for its recommendations: (1) Z-1368, the petition of Mr. Joe Belew, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on 36.6 acres bounded on the east and south by Highland Park Road. This tract begins approxi- mately 750 feet south of Willowwood. January 16, 1979 Continued (2) Z-1369, the petition of Mrs. Silla Gulrich, requesting a change in zoning from Multi-Family (MF-1) to Office (0) classification on a .22 acre tract located at 317 Mulberry. (3) Z-1370, the petition of Ms. Ann Powell, requesting annexation and Light Industrial (LI) zoning classification for a twelve acre tract located on the north side of Scripture, adjacent and immediately west of the ATSF rail- road tracks. This property begins 500' west of 1-35. (4) Z-1371, the petition of Mr. John Porter, requesting a change in zoning from Single Family (SF-7) to General Retail (GR) classification on 1.14 acres located at the northeast corner of 1-35E and Lindsey Street. (5) Z-1372, the petition of Mr. E. L. Hughes, requesting a change in zoning from Two Family (2-F) to Commercial (C) classification on property at 513 Bolivar Street. (6) Z-1373, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Two Family (2-F) classification on 8.4 acres adjoining the eastern edge of North Lakes Park. This tract measures 125' x 2960'. (7) Z-1374, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on a 10.1 acre tract. This property is located south of Windsor Drive, its eastern edge begins 325' west of North University Place Addition, and it measures 145' x 3050' (8) Z-1375, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Single Family (SF-IO) classification on a 23.8 acre tract adjoining North University Place Addition along its western edge. This property measures 325' x 3200'. (B) PURCHASE ORDERS IN EXCESS OF $3,000.00: (1) Purchase Order #37967 was approved for payment to Darr Equipment Company in the amount of $4,164.27. (2) Purchase Order #10589 was approved for pa~ent to EMCO Manufac- turing Company in the amount of $4,732.00. (3) Purchase Order #38404 was approved for payment to FMC Corporation in the amount of $3,075.18. (C) BIDS: (1) #8623, Manhole forms, awarded to Action Products in the amount of $4,858.03. (2) #8625, Fire fighting equipment, awarded as follows: Item 1, hip boots to Casco Industries at $525.00 Item 2, helmets to Fire Protection Service at $442.80 Item 3, bunker coats to Fire Appliance at $1,124.40 Item 4, 3" fire hose to W. H. Lumpkin at $3,135.00 Item 5, 1½" fire hose to W. H. Lumpkin at $624.00 Item 6, Scott Air Paks to Casco Industries at $1,800.00 Item 7, Air Pak bottles to Casco Industries at $1,062.00 (3) #8621, 15KV power cable awarded as follows: Item 1, 250 MCM Copper wire at $38,183.94 to Graybar Electric Item 2, 500 MCM Copper wire at $78,533.78 to Graybar Electric (4) #8631, Electric meters, awarded as follows: Items 1-16B, electric meters, awarded to Wesco, the low bidder meeting specifications and firm for 1 year. Items 17-26, current transformers, awarded to Electrical Distribution Products. Items 27-38, meter sockets, to Priester Supply. January 16, 1979 Continued (5) #8628, truck cab and chassis for commercial sanitation trucks, awarded to Lone Star Peterbuilt at $40,407.00. 12. After discussing Bid #8620, Sludge Applicator Truck, motion was made by Mitchell, seconded by Nash to award the bid to Rickel Manufacturing Company at $49,777.50. Motion carried. 13. The Council adjourned into Executive Session at 8:41 p.m. to discuss the Trantham vs. Holt litigation and the Edwards vs. City litigation, personnel, board appointments and land acquisition. 14. The Council reconvened into Public Session at 9:15 p.m. 15. Motion was made by Hughes, seconded by Stewart to name David Buck as a member of the Student Loan Commission to replace Bill Allen and William A. Luker to the Research and Economic Development Board to replace Dee Knight. Motion carried. Meeting adjourned at 9:19 p.m. C~Tq~SECRETARY City Council and Airport Advisory Board January 23, 1979 Special Called Joint Meeting of the City Council and the Airport Advisory Board of the City of Denton, Texas, Tuesday, January 23, 1979 at 7:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: City Council: Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Airport Advisory Board: Roland Vela, Oran Crouch, Dave Thomas, Ed Moorehead and C. J. Taylor. ABSENT: City Council: Mayor Mitchell (The Mayor joined the meeting during the discussion with TMPA.) 1. The Council considered the request from Denton County Community Council for use of the old Post Office Building. Homer Reese of the Community Council stated that the old Post Office Building is in dire need of repairs of the air conditioning unit , plumbing, wiring and renovation of most of the building. The estimated cost would be $75,000. Dr. Wainwright of the Community Council said that funds from HUD or the Texas Rehabilitation Commission would be requested, but they would require a long term lease of 15 to 20 years. Nash--What are we being asked for tonight? Reese--The commitment for some kind of a 5 year lease. Nash--The old Post Office Building has been appraised at $220,000, and this amount could be tied up for 5 years. Gay--If we sold it for $220,000 and received 6% interest, the City would earn approximately $13,000 per year. Hartung--It will be at least 3 or 4 years before we could expend funds for the renovation of the old Post Office Building. Hughes--What is the total cost of the project requested by the Denton County Community Council? Dr. Wainwright--The first years estimated cost is $250,000, then should come down to a bit under $100,000 a year. Motion was made by Nash, seconded by Stewart to give the Denton County Community Council use of the old Post Office Building for a 3 year period. Wainwright--This would not be feasible since there is so much to be done to the building as well as in other areas, and it could be October before grant funds were received. Nash and Stewart withdrew their motion. Hartung--We can ascertain what amount we can get for the old Post Office Building by advertising for bids. Motion was made by Stewart, seconded by Hughes to approve advertising for bids for the old Post Office Building. Motion carried. 2. The Council considered Z-1358, the request for annexation and Single Family (SF-7) zoning classification on 10.2 acres located east of existing develop- ment in Kingston Trace, the petition of First Texas Savings. John Lavretta advised that the petition has completed the public hearing process by the Planning and Zoning Commission and the Council and all State require- ments regarding annexation have been met. The Planning and Zoning Commission unan- imously recommended approval of annexation and zoning at its October 4, 1978 meeting. January 23, 1979 Continued The following Ordinance was presented: ORDINANCE NO. 79-5 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 APPROXIMATELY 10.6 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE D.D. CULP SURVEY, ABSTRACT NO. 287, DENTON COUNTY TEXAS; CLASSIFY- ING THE SAME AS SINGLE FAMILY "SF-7" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Stewart "aye", Gay "aye". Motion carried. 3. The Council reviewed and considered TMPA system development and reliabi- lity expenditure projects as approved by TMPA Board on December 14, 1978. Mr. Joel T. Rodgers, TMPA General Manager, briefed the Council relative to development and reliability expenditure projects as follows: (A) He stated that the estimated cost would be $270,000,000.00 if other utilities participate; otherwise the cost could be $284,035,000.00. (B) He gave a general description of the systems development and reliability expenditures necessary to provide an economically feasible and reliable system. (C) TMPA intends to provide funds for the systems development and reliability expenditures from revenue bond proceeds. (D) These expenditures are currently deemed necessary for the Agency to meet its commitments under Power Sales Contracts, adding that the Agency bases this opinion on results of an engineering study prepared by R. W. Beck and Assoc- iates dated August 3, 1978. (E) He asked that the City approve certain additional projects which were submitted to the cities for approval on December 14, 1978, and the cities have 60 days to approve or disapprove such projects. He added that if disapproval occurs it will restrict TMPA's future flexibility in planning and providing transmission services to the cities. Motion was made by Mitchell, seconded by Hughes that the report by Mr. Rodgers be received. Motion carried. The City Manager advised that this matter would be on the February 6th Council Agenda. 4. The Airport Board and The Council adjourned into Executive Session at 9:40 p.m. to discuss proposed or pending litigation. 5. The Council reconvened into Public Session at 10:35 p.m. Motion was made by Hughes, seconded by Gay that the Airport Board be instructed to continue negotiations with Aerosmith on a contract. Motion carried. Bob Smith, President of Aerosmith, stated that he was aware of several questions of concern to the Council. He added that we will work with the Airport Board, but we are interested in a contract with favorable terms for both parties. Meeting adjourned at 10:40 p.m. MAYOR City Council February 6, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 6, 1979 at 7:00 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 Managers Jack Owen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hughes that the minutes of the Regular meeting of January 16, 1979 and the Special Called meeting of January 23, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: A public hearing was held on the following 3 petitions: (A) Z-1373, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Two Family (2-F) classification on 8.4 acres adjoining the eastern edge of North Lakes Park. (B) Z-1374, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on 10.1 acres located south of Windsor Drive, beginning 325 feet west of North University Place addition. (C) Z-1375, the petition of Mr. Robert Smith, requesting a change in zoning from Agricultural (A) to Single Family (SF-IO) classification on 23.8 acres adjoining the western edge of North University Place addition. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. John Lavretta, City Planner, advised the Council that the Planning and Zoning Commission had approved the petitions unanimously. Council Member Stewart stated that several people had asked about a walk-way to the park. Council members indicated the necessity of some type of access, either a street, a walk-way or both. Lavretta advised 'that he would pass the wishes of the Council on to the Planning and Zoning Commission. Motion was made by Nash, seconded by Hughes that petition Z-1373 be approved. Motion carried. Motion was made by Stewart, seconded by Nash that petition Z-1374 be approved. Motion carried. Motion was made by Gay, seconded by Nash that petition Z-1375 be approved. Motion carried. (D) A public hearing was held on Z-1364, the appeal of Ms. Joann Cohagen, requesting a change in zoning from Single Family (SF-7) to Commercial (C) classification on .78 acre located at the southeast corner of Taliaferro and North Elm. The Mayor opened the public hearing. After hearing 5 speak in favor and 9 in opposition, the public hearing was closed. John Lavretta stated that 22 letters were mailed with 4 returned in favor and 7 returned in opposition, and that the Planning and Zoning Commission recommended denial of the petition. Motion was made by Hughes, seconded by Stewart that the petition be denied. Motion carried 3 to 2 to deny the petition. February 6, 1979 Continued (E) A public hearing was held on Z-1372, the petition of Mr. E. L. Hughes, requesting a change in zoning from Two Family (2-F) to Commercial (C) classification on property located at 513 Bolivar. The Mayor opened the public hearing. After hearing 2 speak in favor and none in opposition, the public hearing was closed. John Lavretta stated that 8 letters were mailed with 6 returned in favor and none in opposition. Motion was made by Gay, seconded by Hughes that the petition be approved. Motion carried. (F) A public hearing was held on Z-1368, the petition of Mr. Joe Belew, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on 36.6 acres bounded on the east and south by Highland Park Road. This tract begins approximately 750 feet south of Willowwood. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. Council Member Nash stated that he was abstaining because of engineer- ing involvement. Motion was made by Gay, seconded by Stewart that the petition be approved. ~1otion carried with Nash abstaining. (G) A public hearing was held on Z-1369, the petition of Mrs. Silla Gulrich, requesting a change in zoning from Multi-Family (MF-1) to Office (0) classification on a .22 acre tract located at 317 Mulberry. The Mayor opened the public hearing. After hearing 1 speak in favor and none against, the public hearing was closed. John Lavretta advised that the Planning and Zoning Commission recomm- ended approval. Motion was made by Stewart, seconded by Gay that the petition be approved. Motion carried. (H) A public hearing was held on Z-1370, the petition of Ms. Ann Powell, requesting annexation and Light Industrial (LI) zoning classification for a 12 acre tract located on the north side of Scripture, adjacent arid immediately .west of the ATSF railroad tracks. This property begins 500' west of 1-35. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. John Lavretta advised that the Planning and Zoning Commission recomm- ended approval but that the Council cannot approve annexation at this meeting, but the annexation process will proceed. (I) A public hearing was held on Z-1371, the petition of Mr. John Porter, requesting a change in zoning from Single Family (SF-7) to Commercial (C) classification on 1.14 acres located at the northeast corner of 1-35E and Lindsey Street. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. John Lavretta advised that 8 letters were mailed with 2 returned in favor and none in opposition. Moti~ was made by Stewart, seconded by Gay that the petition be approved. Motion carried. February 6, 1979 Continued (J) A public hearing was held on Z-1365, the petition of Mr. Dick Harris, requesting a change in zoning from Single Family (SF-IO) to Family (2-F) and Multi Family (MF-R) and (MF-1) classification on 21 acres located on the west side of Carroll Boulevard, north of the Denton County Fairgrounds. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. Council Member Nash stated that he was abstaining since he was doing some work on the project. Motion was made by Gay, seconded by Hughes that the petition be approved. Motion carried with Nash abstaining. 3. The Council received a request for improvements to Sherman Drive and related work on the lot belonging to Mrs. Sue Murphy. The Council indicated difficulty in determining what Mrs. Murphy was requesting. Motion was made by Nash, seconded by Hughes to instruct the City Staff to look at the problem and give the Council the cost of construction of a small retaining wall across front Of her lot and changing the slope of the lower part of her driveway. Motion carried. 4. The Council reviewed the request of Mr. Charles Davis for head~in park- ing on the south side of Sycamore Street, between Bell Avenue and Exposition. Mr. Davis requested that he be allowed to install head-in parking for a new building. He stated that speeding was nil on East Sycamore since motorists must cross 2 very rough railroad crossings. Motion was made by Stewart, seconded by Gay to approve head-in parking on the south side of Sycamore Street, between Bell Avenue and Exposition in front of Mr. Davis' new building. Motion carried. 5. The Council considered instituting annexation proceedings concerning a four acre tract located on the east side of Cooper Creek Road, the request of Safety Kleen Corporation. Motion was made by Stewart, seconded by Nash to direct the City Attorney to institute annexation proceedings concerning a four acre tract located on the east side of Cooper Creek Road, 'the request of Safety Kleen Corporation. Motion carried. 6. The Council considered site plan approval for a portion of Planned Development 2--on the north side of Coronado. Motion was made by Stewart, seconded by Gay to approve site plan for a portion of Planned Development 2--on the north side of Coronado with the following condition: (A) Density, building location, parking lot layout, landscaping and walks shall correspond to this site plan. Landscaping shall be completed within 60 days after issuance of a certificate of occupancy. Motion carried. 7. The Council received a report and recommendation from the Site Select- ion Committee and Architect for the Police and Fire facility. Rick Svehla stated that the Architect and Site Selection Committee recommended approval of the site on the south side of McKinney between Bolivar and Elm. The Committee and Architect also recommended that the Architect be directed to begin plans for a new fire station on this site and to renovate the old City Hall for use by the Police Department. Architect Stone gave a brief review of the use of the old City Hall as a Police station after renovation of the building, including building two floors of offices in the auditorium space. The Mayor suggested that the Council review preliminary plans at a future study session. The Council concurred. 91 February 6, 1979 Continued 8. The Council received a recommendation from the Plumbing and Mechanical Code Board for an extension of the time period of temporary gas service. No official action was taken, other than receiving the recommendation. 9. The Council received a recommendation from the Staff on procedure to be used for payments for oversized utility lines and streets. Director of Utilities Bob Nelson briefed the Council. No official action was taken. Action will be taken through a resolution at a subsequent meeting of the Council. 10. The Council considered recommendation from the Parks and Recreation Board to consider a contract with NTSU for rental of a baseball field for the 1979 baseball season. The park location will be Roberts Field at Mack Park for games of practice ~urposes during February, March and April, 1979. Dick Huck, Director of Parks and Recreation, advised that this would not conflict with the regular youth programs, and that the cost to NTSU would be on the basis of the City's actual cost. Motion was made by Stewart, seconded by Hughes to approve a contract with NTSU for rental of a baseball field for the 1979 baseball season. Motion carried. 11. The Council considered TMPA system development and reliability expenditure projects as approved by TMPA Board on December 14, 1978. The following Resolution was presented: A Resolution by the City Council of the City of Denton, Texas, relating to certain system 9evelopment 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 providing an effective date. WHEREAS, by ordinances heretofore duly passed, the governing bodies of the Cities of Bryan, Denton, Garland and Greenville, Texas, approved the execution of identical Power Sales Contracts by and between such Cities and the Texas Municipal Power Agency, the execution thereof on behalf of the said Agency having also been app- roved by the governing body of the Agency; and WHEREAS, the executed Power Sales Contracts were submitted to the Attorney General of Texas (in connection with his examination of the proceedings relating to the "Texas Municipal Power Agency Revenue Bonds, Series 1976" and "Texas Municipal Poser Agency Revenue Bonds, Series 1978") and said contracts were approved as to legality by such officer and were filed with the Comptroller of Public Accounts of the State of Texas under Registration Numbers 43300 and 44510; and WHEREAS, pursuant to the Power Sales Contract with this City, the Agency has given notice to this governing body of its intention to issue additional series of bonds in order to provide funds with which to discharge certain costs and expenses of the Agency in connection with the acquisition or construction of certain electric facilities; and WHEREAS, there has been submitted to this governing body a general description of the "System Development and Reliability Expenditures" (all of which expenditures which are to be made from the proceeds of the Texas Municipal Power Agency Revenue Bonds) together with a report showing the projected sources (bond proceeds) and uses of funds for all aspects of the construction and testing of the Project (where applicable) and the Resolution approved by the Agency finds such System Development and Reliability Expenditures are necessary for the Agency to meet its commitments under the Power Sales Contracts and that the same are economically feasible together with an explanation of the basis for such finding and opinion; and February 6, 1979 Continued WHEREAS, a true and correct copy of the Resolution of the Board of Directors of the Agency (being Resolution No. ) has been transmitted to this governing body is attached hereto and made a part of this resolution for all purposes, it being hereby found and determined that (1) all conditions of the Power Sales Cont- ract (by and between this City and the Agency) so as to permit the issuance of the said proposed bonds by the Board of Directors by the Agency have been met and (2) neither this City nor the Agency is in default of any obligation imposed upon them or either of them by the terms and provisions of the said Power Sales Contract; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That all of the Recitals contained in the preamble hereof are found to be true and are hereby adopted as the findings of this governing body. SECTION 2: That this governing body hereby approves: the System Development and Reliability Expenditures, which are set forth in the attached Resolution of the Board of Directors of the Texas Municipal Power Agency, and (ii) the issuance of bonds in the amount and in the manner provided by Section 5 of the attached resol- ution. SECTION 3: The prior execution of the Power Sales Contract (by and between this City and the Texas Municipal Power Agency) on behalf of this City and the autho- rization, issuance and delivery of the Texas Municipal Power Agency Revenue Bonds, Series 1976 (pursuant to the resolution adopted by the governing body of the said Agency on the 29th day of September, 1976) and the Texas Municipal Power Agency Revenue Bonds, Series 1978 (pursuant to the resolution adopted by the governing body of the said Agency on the 3rd day of August, 1978) are hereby in all things approved, ratified and confirmed. That the bonds proposed to be issued by the Agency are to be payable from the same sources and secured in the same manner as the Texas Municipal Power Agency Revenue Bonds, Series 1976 and Series 1978, and it is recognized by this governing body that, under such circumstances, the obligation of this City, under Section 14 of the aforesaid Power Sales Contract, will be equally applicable to the outstanding obligations and the proposed obligations. SECTION 4: That this resolution shall be in full force and effect from and after its adoption and it is so resolved. PASSED AND APPROVED, this the 6th day of February, 1979. /s/ MAYOR, CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Hughes, seconded by Gay that the Resolution be passed. On roll call vote Stewart "nay", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried 4 to 1. 12. The Council considered the following Ordinance with respect to calling an election to approve proposed generating projects of TMPA: ORDINANCE NO. 79-6 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A POLICY WITH RESPECT TO CALLING AN ELECTION WHERE THE CITY HAS THE RIGHT TO APPROVE OR DIS- APPROVE A GENERATING PROJECT PROPOSED TO BE UNDERTAKEN BY THE TEXAS MUNICIPAL POWER AGENCY; AND PROVIDING 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", Gay "aye" and Mitchell "aye". Motion carried. February 6, 1979 Continued 13. The Council considered granting an easement to TMPA for location of 138KV substation at Spencer Plant. Motion was made by Gay~ seconded by Hughes to grant an easement to TMPA for location of 138KV substation at Spencer Plant..Motion carried.' 14. The Council considered bid #8633, roofing and roof repairs. Motion was made by Hughes, seconded by Stewart that the bid be awarded to Gay Roofing-CBS Mechanical at a bid of $9,309.00. Motion carried. 15. The Council considered bid #8634, preventive maintenance air condition- ing/heating. Motion was made by Mitchell, seconded by Gay that the bid be awarded to Millard Heath & Company, Inc., for items 1-4 at $9,615.00 per year and the hourly rate of $19.50 and $29.75 for overtime as bid, for additional repairs on break- downs and service. Motion carried. 16. Motion was made by Gay, seconded by Mitchell that the following Consent Agenda be approved. Motion carried. (A) BIDS: (1) Bid #8624, switchgear assemblies, awarded to the lowest and best bid of Trayer Engineering Company c/o R. D. Erb Company of Fort Worth in the amount of $70,680.00. (2) Bid #8629, streetlight assemblies with bulbs, awarded as follows: Item 1 to Graybar Electric at a total of $4,012.40 Item 2 to G. E. Supply at a total of $10,535.00 Item 3 to Graybar Electric at a total of $588.95 Item 4 to G. E. Supply at a total of $1,187.20 (3) Bid #8630, capacitor banks, awarded to the lowest and best bidder meeting specifications and delivery requirements, Temple Electric for G. E. capacitors for the total of $25,350.00. (B) PURCHASE ORDER IN EXCESS OF $3,000.00: (1) Purchase Order #38535, BIF equipment repairs, approved in the amount of $12,235.00. 17. The Council adjourned into Executive Session at 10:55 p.m. to discuss board appointments and litigation. 18. The Council reconvened into Public Session at 11:55 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:58 p.m. ~i~ ..... M~Y.~.R~ CITY SECRETARY City Council and Denton County Commissioners' Court February 13, 1979 Special Called Joint Meeting of the City Council and the Denton County Commissioners' Court, Tuesday, February 13, 1979, at 1:30 p.m. in the Commissioners' Court, Joseph A. Carroll Courts Building. PRESENT: City Council: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Gay and Stewart; City Manager Chris Hartung, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Commissioners' Court: Judge Crawford and Commissioners Salmon, Odle, Switzer and Sparks and Auditor Bialey. ]. Discussion of City-County jointly funded agencies. County Judge Crawford opened the meeting by listing areas for discussion: Flow Hospital, City-County Health Unit, Emily Fowler Library and City-County Civil Defense. (A) On matter of Flow Hospital, City Council members indicated that State law requires the County to fund indigent care. City Attorney Isham advised that Jerry Cobb, County Attorney, will write to Mark White, Texas Attorney General for a definite opinion. (B) City-County Library--Mrs. Joella Orr stated that in reviewing use of the Library, it was found that there is a 50-50 use by City and County patrons. (C) City-County Health Unit--The Council indicated con- cern that Denton is paying more than other County cities combined and that Denton should pay only its fair share. 2. There was a short discussion relative to the sale of an airplane owned by Civil Defense. The Council agreed to pay the County 50% of the amount of the sale. 3. Discussion of replacement of sign on East McKinney Street. The Council agreed to replace the sign for the County. County Auditor Bailey stated that the sign was destroyed when East McKinney was widened. 4. The Commissioners and the Council agreed to the creation of a Committee formed of representatives of the City and the County to look at jointly funded agencies of the two entities and how fund- ing of the agencies might be most equitably allocated. The Committee also plans to look at other areas in which the two government entities might be overlapping and might share the cost and services. Meeting adjourned at 3:10 p.m. C~ITY SECRETARY City Council February 13, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, February 13, 1979 at 7:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Members Hughes, Nash and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney and City Secretary. Also present were members of the Airport Board--Vela, Taylor, Wright, Slater and Crouch. ABSENT: Mayor Mitchell. 1. The Council considered the recommendation of the Site Selection Committee and architect for the Police and Fire facility. Rick Svehla of Community Development reviewed the 11 sites considered by the Committee. He advised that the Committee recommended the site on the south side of McKinney between Elm and Bolivar for the Fire Department location. · ~' Architect Gerald Stone presented drawings showing a land use study and a building use study. He also showed drawings of planned interior of old City Hall which is to be renovated to house ~ the Police Department. Mr. Pat Windham, representing the Fire House Theatre, indic- ated concern for the future of the theatre. All Council members expressed concern for the Theatre, but advised that the building is badly needed for the Police Department. Motion was made by Stewart, seconded by Gay to accept site 11 for the Fire Department facility and to acquire the frame house adjacent to the property and to renovate the old City Hall for the Police Depart- ment. Motion carried. 2. The Council considered Service Center Facilities Analysis conducted by LWFW. City Manager Hartung briefed the Council, pointing out critical need for a modern facility. Gary Thompson and Tom McCoy of LWFW reviewed the recommended plans with the use of a drawing. They advised that the facility would suffice until year 2000 or later. Motion was made by Nash, seconded by Hughes to accept the plan and to proceed with the project. Motion carried. 3. The Council considered report on the contract with Aerosmith Denton Corporation. Assistant City Manager Cole reviewed the history of the reports, presentations, contracts and other matters concerning Aerosmith. Jim Horn of Aerosmith listed paramount issues as follows: (A) City receives little for investment. (B) Airport Manager. (C) Aerosmith controls airport. (D) Length of lease (E) 1965 contract vs. 1975 contract. (F) City should lease to Cessna. Horn gave annual money figures for payment to the City through 1965 and 1975 contracts.--1965 contract-S178,724 and 1975 contract-S410,537. February 13, 1979 Continued A. J. Taylor--These are figures the Board never heard of. G. Wright--Lets adjourn this and have a meeting of the minds on a settlement later. Bob Smith--We need to expand. We want to build more build- ings. We need problems resolved. We need some answers. Motion was made by Nash, seconded by Gay that the Council offer Aerosmith the contract as proposed to the Council by the Airport Advisory Board, and if Aerosmith accepts, Aerosmith's name will be left out of these hassles. Motion carried 3 to 1. 4. The Council considered a contract for architectural services for the animal shelter. Assistant City Manager Cole gave background, including a contract with the County, adding that the County has $20,000 in its budget for the shelter. The City is able to budget only $46,000. Total amount available is $66,000. He recommended hiring architect, James R. Kirkpatrick to perform architectural services on the shelter at a fee of $6,500. Motion was made by Nash, seconded by Stewart to authorize the Staff to enter into a contract with James R. Kirkpatrick for design of a new animal shelter at a fee of $6,500. Motion carried. 5. The Council considered amending the Water and Sewer Rate Ordinance. Bob Nelson advised that The Public Utilities Board has reviewed the Staff report and alternatives and recommends that the following alternatives be incorporated in the Sewer use rates. Residential: (A) Establish winter months as December, January and February. (B) Set maximum sewer use charge in March annually based on the second highest winter month water consumption and continue to apply such maximum monthly charge for 12 months or until a lower monthly consumption Occurs. Commercial/Industrial (Specifically Churches): (A) Encourage customers with high irrigational require- ments to install separate irrigational meters. Motion was made by Stewart, seconded by Nash to amend the Water and Sewer Rate Ordinance. Motion carried. Motion was made by Nash, seconded by Gay to amend the above motion to add establishing a 20,000 gallon water maximum. Motion carried. 6. The Council considered the recommendation of the Plumbing and Mechanical Code Board to amend the Plumbing Code for an extension of the time period of temporary gas service and for establishing an inspection fee. The following Ordinance was presented: ORDINANCE NO. 79-7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 17-11.1 BY PROVIDING AN EXCEPTION TO THE DENTON PLUMBING CODE FOR TEMPORARY GAS SERVICE, AND AMENDING SECTION 17-22 OF THE DENTON PLUMBING CODE BY PROVIDING A FEE FOR THE TEMPO- RARY GAS SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye". Motion carried. February 13, 1979 Continued ~ 7. The Council considered a Resolution on procedure to be used for payments for oversized utility lines and streets. AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF FEBRUARY A.D. 1979. RESOLUTION WHEREAS, THE City of Denton desires to establish a procedure so that the City will be in compliance with state and municipal law bidding requirements for developer projects where the city participates in the oversizing of water and sewer lines and in overwidth and overdepth of payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: (a) The developer (or designated Engineer, Agent, etc.) shall furnish the City a complete set of preliminary plans and specifications for the entire development for which participation is desired. Plans and specifications relating to street and storm drain improvements (¥) shall be submitted to the City Engineering Department. Plans and specifications relating to Water and Sanitary Sewer improvements shall be submitted to the Utility Department. The City will, within five regular business days, review and make changes as necessary, including any changes in size, depth, location or construction of utility lines or streets. During the review, the City and the devel- oper shall decide on the specific streets and lines that must be over- sized, the extent of the oversizing and the general terms of the over- size participation agreements. (b) The developer shall then furnish the respective City Departments with a complete set of final and approved plans and specifications -' along with a list of at least three qualified bidders. The respective City Departments will submit these to the City Purchasing Agent who will set the date, time and place of the bid opening and advise the respective departments and developer of such date, time and place. The developer shall be responsible for distribution of plans and specifications to prospective bidders. All requests for plans and specifications shall be recorded and submitted to the Purchasing Agent at the time of the bid opening. (c) The bid process will be according to state law which is appli- cable when public funds are utilized. The notice to bid shall be advertised in a newspaper published in the City of Denton, and such notice will be published once a week for two consecutive weeks prior to the date set for bid opening. The date of the first publication shall be at least fourteen days before the opening of the bids. (d) The Purchasing Agent will receive all sealed bids and will open such bids at the designated time and place in a public bid opening. The original of each bid proposal will be kept by the Purchasing Agent and a copy of bids will be turned over to the developer. The developer shall review, evaluate and recommend to the City which bid it believes to be the lowest and/or best bid. A schedule outling the cost of the oversize difference and amounts to be included in the participation agreement shall be submitted to the City. (e) The respective City Department staffs will review the developers recommendations, evaluations and cost schedules and make appropriate recommendations to the appropraite Boards and the City Council. Utility improvements will be reviewed by the Utility Board and forwarded to the Council. Street and other improvements will be sent directly to the City Council. The Council will then review the request for participation and either approve or disapprove. If approved, the developer may then enter into contracts and begin construction. If disapproved, the project can be readvertised and the bidding procedure will begin again. February 13, 1979 Continued PASSED AND APPROVED this the 13th day of February, A. D. 1979. /s/ MAYOR PRO TEM ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Hughes that the Reso- lution be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", ~nd Gay "aye" Motion carried. 8. The Council considered procedures for termination of utility service because of non payment. Bill McNary, Director of Finance, gave comparative figures as follows: NUMBER OF DAYS SERVICE PROVIDED PAST BILLING BEFORE NON-PAY DISCONNECT Texas Power and Light 20 Days Lone Star Gas 28 Days Garland Power and Light 29 Days Dallas Power and Light 35 Days Denton Municipal Utilities 45 Days CASH FLOW ANALYSIS FOR TWO MONTHS 1st Month 2nd Month Total Texas Power and Light 20 Days 20 Days 40 Days Lone Star Gas 28 Days 28 Days 56 Days Garland Power and Light 29 Days 29 Days 58 Days Dallas Power and Light 35 Days 35 Days 70 Days Denton Municipal Utilities 45 Days 15 Days 60 Days Other alternatives are: (A) Require payment of past due amount ten days after billing. (B) Require payment of bills within 30 days. No official action was taken. Meeting adjourned at 12:30 a.m. Wednesday, February 14 (Valentine's Day). MA PRO TEM CIT//~ECRETARY City Council February 20, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 20, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, 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 February 6, 1979, the Special Called Joint Meeting with the County Commissioners of February 13, 1979; and the Special Called Meeting of February 13, 1979 be app- roved with corrections. Motion carried. 2. The Council~considered Q-23, the quit claim of several utility easements and streets located on property south of 1-35 and east of Denton State School Road on condition of reimbursement for removal of electric utilities. John Lavretta briefed the Council as did Bob Nelson, Utilities Director. Lavretta stated that the Planning Staff and the Planning and Zoning Commission recommended quit claim of the streets and easements in the former mobile home park to be effective May 1, 1979. Nelson stated that the Utility Staff recommended that an abandonment fee be charged to the developer; the amount to be reim- bursed is $4,358.00. L. A. Nelson, Attorney for Oakridge Company of Dallas, who presently owns the property, pointed out that the present owner had never contracted for electricity. He stated that Oakridge did not cause the problem, but that they do intend to use .and develop the property and use Denton utilities. Motion was made by Nash, seconded by Gay to quit claim the easements and not collect money from Oakridge Company. Motion carr- ied. 3. The Council considered entering into contract with Forrest and Cotten for design and engineering of Robertson Street overpass. John Lavretta reviewed the engineering services costs and gave a breakdown of fees by memo. Council Member Nash questioned the $25,500 cost for a resident representative during construction of the overpass. Nash questioned why only 6ne engineering firm had submitted a proposal on the project. Lavretta stated that Forrest and Cotten had been working with the City for about a year on the project and had contributed some consultation relative to the project, and since they were already involved in the project it appeared proper for them to submit a proposal. Nash added that engineering costs appear to be too high, and asked for some better proposals. Motion was made by Nash, seconded by Hughes to go for additional proposals for engineering services for the Robertson Street overpass. Motion carried. 100 February 20, 1979 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 20TH DAY OF FEB- RUARY, A. D. 1979. THE STATE OF TEXAS X Resolution In Appreciation Of Jack Owen COUNTY OF DENTON X CITY OF DENTON ~ WHEREAS, on March 2, 1979 the City of Denton and its citizens will lose the services of Jack Owen, an exceptional and dedicated public servant; and WHEREAS, that date will mark the end of fourteen years cf public service with the City of Denton by Jack Owen; and WHEREAS, those years have been times of steady civic accomplishment by the City of Denton and Jack Owen has contributed greatly to those accomplishments; and WHEREAS, among those accomplishments were significant street and boulevard projects such as the completion of North and South Carroll Boulevard; the improvement of University to Malone, the extension and improvement of Bell Avenue; the improvement of Sherman Drive; and the completion of improvements to McKinney Street from Bell Avenue to Carroll Boulevard; and WHEREAS, Jack Owen's contribution to the field of public works administration is known throughout the State and in 1978 he was recognized as the "OUtstanding Man of the Year in Public Works in Texas"; and - WHEREAS, Jack Owen has served the City of Denton in the capacities of Water and Sewer Superintendent, Interim Utilities Director, Act- ing Finance Director, Acting Parks and Recreation Director, Acting City Manager and Assistant City Manager; and WHEREAS, these are only a few of the accomplishments made during the tenure of Jack Owen as Assistant City Manager of Denton; and WHEREAS, Jack Owen 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 grate- ful appreciation the service of Jack Owen and the devotion he has given to the office of Assistant 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 Jack Owen, as a token of our appreciation. PASSED AND APPROVED this the 20th day of February, A. D. 1979. /s/ Joe Mitchell, Mayor ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY Motion was made by Nash, seconded by Stewart that the Resolution be passed. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 101 February 20, 1979 Continued 5. The Council considered Q-22, the quit claim of a utility easement located in the center of Lot 4; Block 135, on the north side of Coronado Drive. Motion was made by Stewart, seconded by Gay that the quit claim request be approved. Motion carried. 6. The Council considered disposition of two parcels of real city property-parcel A located on the east side of Carroll Boulevard immediately north of Highland Street and parcel B located on the east side of the intersection of Carroll Boulevard and Fort Worth Drive. There was some discussion relative to curb cuts. Motion was made by Stewart, seconded by Gay that the City retain a 20 foot strip along Carroll frontage and dispose of the remainder of the property. Motion carried. Motion was made by Nash, seconded by Stewart to remove the curb cuts if legally possible. Motion carried. 7. The Council considered instituting annexation proceedings regarding a 12 acre tract located on the north side of Scripture, immediately west of the ATSF railroad tracks. This is the petition of Ms. Ann Powell (Z-1370) Motion was made by Stewart, seconded by Nash to instruct the City Attorney to institute annexation proceedings. Motion carr- ied. 8. The Council considered submitting applications to EPA for engineering (Step II) funds for design of Hickory Creek sewer inter- ceptor line. Utilities Director Bob Nelson stated that new priority from the Texas Department Water Resources, which administrates the EPA grants, dropped the City's project from 38th to 62nd place and may eliminate it from funding this year. City Manager Hartung advised that the City cannot put the entire system in without a grant program. We do feel an obligation to provide these services to Ranch Estates. The City's share would be 25% of the total cost. Motion was made by Gay, seconded by Hughes to instruct the Staff to make application for Step II funds. Motion carried. 9. The Council considered payment to Denton County of a portion of the proceeds from the sale of the Civil Defense aircraft. Assistant City Manager Cole briefed the Council, advising that $22,651 has been paid to the City for the aircraft. The original purchase was through the Civil Defense funds. Motion was made by Nash, seconded by Hughes to pay the County 1/2 of the net proceeds. Motion carried. 10. The Council considered exercising the lease purchase of the Terex scraper used at the sanitary landfill. Bid #8562 (presently leased ). Motion was made by Stewart, seconded by Hughes to exercise the lease purchase of the Terex scraper. Motion carried. 11. ORDINANCES: The following ordinances were presented: (A) ORDINANCE #79-8 (John Porter) 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 February 20, 1979 Continued OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 18 AND 19 OF BLOCK 349, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THERE- IN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE NO. 79-9 (Joe Belew) 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 4, BLOCK 3037, 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. Council Member Nash abstained from voting because of engineering work. Motion was made by Hughes, seconded by Mitchell that 'the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried with Nash abstaining. (C) ORDINANCE NO. 79-10 (E. L. Hughes) 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 ll-BLOCK 431, 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", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (D) ORDINANCE NO. 79-11 (Mrs. Silla Gulrich) 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 6, BLOCK 324, 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 Ordin- ance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (E) ORDINANCE NO. 79-12 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 25-59 (a) RESIDENTIAL RATE (S-l) TO PROVIDE A NEW METHOD FOR COMPUTING MAXIMUM BILLING; 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 Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. (F) ORDINANCE NO. 79-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 7TH DAY OF APRIL, 1979, THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PURPOSE OF ELECT- ING THREE (3) COUNCILPERSONS FOR THE CITY OF DENTON, TEXAS, IN ACCORD- ANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 2.01 OF THE CHARTER OF 103 February 20, 1979 Continued THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTINH 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; PROV- IDING FOR THE MAKING OF OFFICIAL RETURNS OF THE SAID ELECTION AND DEC- LARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECT- TIVE DATE. Motion was made by Hughes, seconded by Mitchell that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye" Motion carried. 12. RESOLUTIONS: (A) The following Resolution creating a joint City-County Information and Request Committee 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 FEB- RUARY, A.D. 1979. RESOLUTION WHEREAS, the City Council of the City of Denton is desirous of creat- ing a joint city-county information and request committee in order to improve communications with the Commissioners Court of Denton County, Texas and to seek ways and means of cooperating with the Commissioners Court on existing joint-funded projects and to explore future areas of cooperation which will benefit the citizens of the City of Denton and County of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: That a committee consisting of members of the City Council of the City of Denton and the Commissioners Court of Denton County be formed; that such committee be called the "City-County Information and Request Committee"; and that Joe Mitchell and Richard Stewart from the City of Denton be designated members of that committee. PASSED AND APPROVED this the 20th day of February, A. D. 1979. /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 Nash, seconded by Hughes that the Resolution be passed with Stewart and Mitchell to be named on the Committee. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) The following Resolution authorizing the City Manager to submit and sign an application to the Civil Service Commission for grant-in-aid assistance as provided for by the Intergovernmental Personnel Act of 1970 was presented: RESOLUTION RESULUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZ- ING THE CITY MANAGER TO SUBMIT AND SIGN AN APPLICATION TO THE CIVIL SERVICE COMMISSION FOR GRANT-IN-AID ASSISTANCE AS PROVIDED FOR BY THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970. February 20, 1979 Continued WHEREAS, the U. S. Civil Service Commission is the Federal agency responsible for administering federal funds from the Intergovernmental Personnel Act of 1970; and WHEREAS, City of Denton officials have determined that such assistance will be of benefit in strengthening the City's personnel system and functions; and WHEREAS, the U. S. Civil Service Commission's guidelines pursuant to the administration of Intergovernmental Personnel Act programs require a resolution authorizing the filing of such an application: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That the City Council of the City of Denton hereby authori- zes the City Manager to sign and submit said application to the inter- governmental Personnel Programs Division of the U. S. Civil Commission. SECTION 2: The City Manager is authorized to handle all fiscal and administrative matters related to the application. PASSED AND APPROVED this 20th day of February, 1979. CITY OF DENTON, TEXAS BY: /s/ MAYOR--JOE MITCHELL ATTEST: /s/ BROOKS HOLT, CITY SECRETARY 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. 13. The Council considered matters relating to pending legis- lation. City Manager Hartung asked the Council for guidance relative to Municipal legislation, and asked Members, when necessary, to make trips to Austin. He added that he would keep the Council informed on pending legislation that involves the City. Council Member Gay asked the Manager if he or City Attorney Isham could advise the Council on what bills are good or bad for the City. The Manager stated that there is presently a bill to elimin- ate the City jurisdiction over retail rates of natural gas. Isham said the City could take or give up City jurisdiction on rate matters. Motion was made by Hughes, seconded by Gay that Denton go on record as continuing in the role they are now taking. Motion carried. 14. The Council considered notification from Aerosmith Denton Corporation concerning building new hangars at Denton Municipal Airport. Giles Smith, President of Aerosmith, presented plans and a proposal for new construction which would add $250,000 worth of new construction at the Airport. The Construction would involve building additional hangars and a warehouse and office building. Assistant City Manager King Cole stated that the Airport Board had recommended approval of Mr. Smith's request at an approximate cost of $150,000 for T-hangars and the office and warehouse building at an estimated cost of $100,000. 105 February 20, 1979 Continued Motion was made by Nash, seconded by Gay that the City grant the request of Aerosmith to build T-hangars and warehouse and office building subject to buy-back option. (See motion to table below) DISCUSSION: Mayor Mitchell stated that there were several points he was not clear on since he was unable to attend the previous meeting where the Aerosmith contract was discussed, and he would like to have the matter tabled so that he would have more time for study. Motion was then made by Hughes, seconded by Stewart to table the matter for further study. Motion carried. 15. The Council considered approval of water line maintenance agreement with Denton Mall. City Attorney Isham advised that Mall owners will reimburse the City for cost of maintenance of the water line. He added that it would be wise to table the matter for further study. Motion was made by Nash, seconded by Hughes to table the matter. Motion carried. 16. Motion was made by Nash, seconded by Hughes 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-1379, the petition of Mr. Cengiz Capan, requesting a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) classification at 923 West Oak Street. (2) Z-1380, the petition of Mr. Barry Wachal, requesting a change in zoning from Agricultural (A) to Single Family classifica- tions (SF-10) and (SF-7) on a 44.4 acre tract located adjacent and east of Greenway Club Estates. SF-10 classification is requested on 12 acres adjacent and east of Greenway Club Estates; SF-7 class- ' ification is requested on the remaining 32.4 acres. (3) Z-1381, the petition of Mr. John Cottreel, request- ing a change in zoning from General Retail (GR) to Commercial (C) classification on a .63 acre tract located on the north side of 1-35E, 500 feet east of the intersection of 1-35 and Mayhill Road. (B) BIDS: (1) ~$635, concrete work at swimming pool, awarded to the low bidder, The Fort Dalton Company of Denton for $3,252.50. (2) #8637, cement, lime and road material, awarded as follows: Item 1-4 Gohlke Building Products item 5 No bids received Item 6 Round Rock Lime Item 7 Gifford Hill Items 8 & 9 No bids received Item 10A Gifford Hill Item 10B Chico Crushed Item tlA Gifford Hill Items llB& 12 Chico Crushed Item 13 Gifford Hill Items 14 & 15 Boyd Excavation Items 16, 17, 18 & 19 Wright Asphalt Items 20 & 21 Gifford Hill Item 22 Vulcan Materials Item 23 Vulcan Materials Item 24 Jagoe Public Item 25 Vulcan Materials Item 26 Gifford Hill February 20, 1979 Continued (3) #8638 Selective vegetation control in ditches and waterways, awarded to Norris Town North Exterminating formerly Jim Neal Company-at $57.50 per acre per application on approximately 90 acres. (C) The Council approved installing a sophisticated inst- rument landing system at the Airport by FAA and leasing property at Denton Municipal Airport to the FAA for a maintenance building. 17. The Council adjourned into Executive Session at 9 p.m. to discuss personnel matters, pending litigation and board appointments. 18. The Council reconvened into Public Session at 10:30 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:32 p.m. MAYOR CITY SECRETARY 107 City Council February 27, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, February 27, 1979 at 7:00 p.m. in the Civil Defense Room 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 Isham and City Secretary Brooks Holt. 1. The Council considered a request of Aerosmith Denton Corporation to build new hangars at Denton Municipal Airport. Motion was made by Hughes, seconded by Mitchell to table the item until the regular meeting of March 6, 1979. 2. The Council considered a revised planning process and format for the Capital Improvement Plan. John Lavretta, City Planner, stated that they are recommending an establish- ment of a formal CIP plan process and schedule and also recommended that the CIP incorporate projects funded by revenue accounts. He pointed out the schedule of Capital Improvements planning process from early March through August of this year. Motion was made by Stewart, seconded by Hughes to approve a revised plarLning process and format for the Capital Improvement Plan. Motion carried. 3. The Council considered bids submitted on the old Post Office Building. John Lavretta stated that three bids had been received as follows $61,101, $58,000 and $101,000. Lavretta stated that the Council could: (A) Re-bid the old Post Office Building. (B) Renew negotiations with the Denton County Community Council concerning use of the building. (C) Retain the building for possible future municipal use. Lavretta stated that the City Staff recommended that the Council reject all bids and to re-bid the old Post Office Building. He also stated that with a long bid period of perhaps 3 months with a broad advertising in the regional market, better bids could be realized. DISCUSSION: Hughes--I think we should re-bid or should not sell at all. Hartung--Renovating the building would be very expensive. I see no i~ediate use of this building by the City. Nash--I think we are making a serious mistake if we do not accept the $101,000 bid. Motion was made by Nash, seconded by Gay to sell the building for the high bid of $101,000. Motion failed 2 for and 3 against. Motion was then made by Stewart, seconded by Hughes to re-bid and consider land use. Motion carried 4 to 1. 4. The Council considered the request of the Denton County Community Council concerning establishment of a sheltered workshop. Lavretta stated that if the Council decides to re-bid the old Post Office Building resources will not be available to the DCCC. He advised that the Staff feels that the shelter workshop for handicapped persons would provide an important service to the community. HUD would have to approve any grant agreement, but the Staff feels that HUD would probably review the suggested amendment favorably. DISCUSSION: Hughes--The workshop can put people on Denton's work rolls. Nash--I hesitate to spend $60,000 to $65,000. 108 February 27, 1979 Continued Hughes--How will the cash match be put up in future years? Motion was made by Hughes, seconded by Gay that the Council refer the suggested grant program amendment to the City's Community Development Grant Advisory Committee for study and recommendation to outline if future matching could be found. Motion carried. 5. The Council considered the request of Vacation Village _~obile Home Park for certification of a water system to permit them to expand the mobile home park. Hartung--This matter has just come up--there will be a hearing in Austin later. The magnitude of the subdivision causes considerable concern. Lavretta--There are 300 lots in the subdivision, but plans are for many more. He asked if the Council wanted to encourage this type of growth, adding that the Staff feels it is not favorable. At present it is a mobile home type subdivision. Mr. Audie Byrom, representing Vacation Village, stated that this type of housing was urgently needed. He advised that they do have a water system that is approved. He also advised that they have only 100 acres left that are not developed and now have a preliminary plat for this acreage. There is to be a hearing in Austin in March relative to certification of a water system. Hartung-- We can control standards now under the extraterritorial juris- diction. We are being asked to give up certification in the area of the subdivision. Motion was made by Nash, seconded by Stewart to oppose the request within Denton's extraterritorial jurisdiction and to test the single certification. Motion carried. 6. The Council considered an Ordinance that would permit a preference referendum on the April 7 ballot for (1) direct election of the Mayor, and (2) expanding the Council from 5 to 7 members. The following Ordinance was presented: ORDINANCE NO. 79 - 14 AN ORDINANCE ORDERING A SPECIAL HO,5~B RULE ELECTION IN THE CITY OF DENTON, TEXAS, TO BE HELD ON SATURDAY, THE 7TH DAY OF APRIL, A.D. 1979, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR THEIR OPINION, PROPOSALS CONCERNING THE DIRECT ELECTION OF MAYOR AND EXPANSION OF THE CITY COUNCIL; DESIGNATING THE POLLING PLACE; PRESCRIBING OFFICERS T~REOF; AND DECLARING AN DdERGENCY. Motion was made by Stewart, seconded by Hughes that the referendum Ordinance be passed. (See amended motion below). DISCUSSION: Mitchell--I feel that it is a phony issue, but not on Mr. Stewart's part. Our form of government is directly opposed to the strong Mayor type and could pit Mayor against Manager, making the system more political. We do not need this. Relative to expansion of the Council, we must go to the Justice Department. They will probably slap us with single member districts. I am opposed. Stewart--The City of Dallas has the Mayor elected by the people. We could lay this issue to rest in Denton with this requested referendum. Hughes--We are not looking for an executive officer. Nash--The citizens would be unhappy about a vote that does not count. I have a petition with 1,000 names asking for a direct election of Mayor and to increase the Council to 7 members. Gay--We did not place this on the ballot before because of a time require- ment. Hughes--Voters can be confused with such a statement as for or against the direct election of the Mayor.. Some explanation should be made. February 27, 1979 Continued Motion was made by Hughes, seconded by Gay to amend the previous motion, and that the Ordinance be passed with the £ollowing explanation of the elect±on of the Mayor to read: The direct election of the Mayor of the City of Denton, Texas. Mayor to have the same responsibilities and duties as the Mayor presently has under the Charter.) On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "nay". Motion carried 4 to 1. 7. The Council received a report on pending legislation and considered taking a position on relevant legislation. The City Manager and the City Attorney reviewed the various bills before the State Legislature, asking for Council consideration on the following: (A) H.B. 731-Financial Disclosure For City Officials-Council opposed. (B) H.B. 301-E×empt Utilities For Commercial Use From City Sales Tax- Council opposed. (C) H.J.R. 2- Initiative & Referendum: City Taxes-Council supports. (D) S.B. 163-Prohibiting Municipal Residency Requirements-Council opposed. (E) S.B. 174-"Personal Leave" For City Employees-Council opposed. (F) S.B. 56-Certain Zoning Changes-Mayor requested a later report. (G) H.B. 578-F~lected Public Utility Commission-Council supports. (H) S.B. 159-Frivolous Suits Against Cities-Council Supports. 8. The Council adjourned into Executive Session at 9:15 p.m. to discuss property disposition on Carroll Boulevard and Sherman Drive. 9. The Council adjourned into Public Session at 9:50 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:55 p.m. City Council March 6, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 6, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tern Gay, Members Hughes and Nash; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Member Stewart. 1. Motion was made by Gay, seconded by Hughes that the minutes of the Regular Meeting of February 20, 1979 and the Special Called Meeting of February 27, 1979 be approved. Motion carried. 2. The Council considered an Ordinance authorizing the issuance and sale of $4,000,000 Water and Sewer Revenue Bonds. Frank Medanich of the First Southwest Company, Denton's financial advisor, opened the bids, determined the best bid and recon~nended passage of the Ordinance. The following Ordinance was presented: ORDINANCE NO. 79-15 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SE~ER SYSTEM REVENUE BONDS. Motion was made by Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (The bid was awarded to Merrill-Lynch, White Weld Capital Markets Group and Associates at an effective interest rate of 5.5649%.) 3. The Council cons'idered an Ordinance authorizing the issuance and sale of $4,500,000 General Obligation Bonds. Mr. Medanich opened the bids; determined the best bid and recon~nended passage of the Ordinance. The following Ordinance was presented: ORDINANCE NO. 79-16 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. Motion was made by Nash, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (The bid was awarded to First City National Bank of Houston at an effective interest rate of 5.431739%.) 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1376, the petition of Ms. Joyce Meadows, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on a 2.43 acre tract located 1000' east of the intersection of Mockingbird and Audra Lanes. This property begins 180' north of Audra. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition and a report from John Lavretta, the hearing was closed. Motion was made by Gay, seconded by Nash that the petition be approved. Motion carried. (B) A public hearing was held on Z-1377, the petition of Mr. Rollin Sininger, requesting a change in zoning from Multi Family (MF-1) to Single Family (SF-7) classification at 1003 West Oak Street. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition and a report from City Planner the hearing was closed. Motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. 111 March 6, 1979 Continued (C) A public hearing was held on Z-1378, the petition of Ms. Dorothy Williams, requesting a change in zoning from Multi Family (MF-1) to Single Family (SF-7) classification at 915 West Oak Street. The Mayor opened the public hearing. After hearing 1 speak in favor and 1 in opposition and a report from JotmLavretta, City Planner, the hearing was closed. Motion was made by Nash, seconded by Mitchell that the petition be approved. Motion carried. 5. The Council considered a report from the City Attorney on contract comparison and considered a request of Aerosmith Denton Corporation to build new hangars at Denton Municipal Airport. City Attorney Isham briefed the Council and suggested that the matter be placed before the Airport Board before making a decision.. Council Member Hughes stated that negotiations with Aerosmith should be fair to both parties. Bob Smith of Aerosmith, stated that it was not appropriate to discuss the matter at this time, since he had not received a note from Mr. Ishamuntil this afternoon. Motion was made by Hughes, seconded by Gay to refer this item to the Airport Board for its review. Motion carried. Council Member Hughes stated that several items must be clarified before the City completes its negotiations with Aerosmith. Bob Smith stated that they had to have an opportunity to expand and know whether or not we can expand. He added that the cost of material and money are - escalating rapidly. Motion was then made by Nash, seconded by Gay to approve the construction of the requested new buildings. Motion failed with 2 for and 2 against. 6. The Council considered a request of Curtis Copeland to repeal City Ordinances prohibiting the use of alcoholic beverages at places licensed for dancing or billiards. Mr. Copeland stated that this was a class project. He introduced Ms. Herschhorn to speak relative to the subject matter. Assistant City Manager King Cole requested that the Council refer the matter to the City Attorney for review and consultation with the Chief of Police. Motion was made by Hughes, seconded by Gay to refer the matter to the City Attorney. Motion carried. 7. The Council considered Q-23, the quit claim of a 16' utility easement located on property on the south side of 1-35E and east of Denton State School Road. John Lavretta, City Planner, stated that the Planning and Zoning Comm- ission and the Utilities Department reco~nended approval of this request. Motion was made by Hughes, seconded by Nash that the quit claim of a 16' utility easement located on property on the south side of 1-35E and east of Denton State School Road be approved. Motion carried. · 8. The Co~mcil considered Q-2S, the quit claim of a 16' utility easement located on the west property line of a tract at the northwest corner of 1-35E and Fort Worth Drive. John Lavretta, City Planner, stated that the Planning and Zoning Comm- ission and the Utilities Department recommended abandonment of this easement on the condition of acquiring an alternate easement. Motion was made by Nash, seconded by Hughes that the quit claim of a 16' utility easement located on the west property line of a tract at the northwest corner of I~35E and Fort Worth Drive be approved. Motion carried. March 6, 1979 Continued 9. The Council considered approval of final payment for Williams Trade Square to Denton Construction Company. Rick Svehla advised that the Staff recommended approval. The final payment being $11,624.94; The total cost of the project is $93,329.81. Motion was made by Nash, seconded by Mitchell to approve final payment and penalty upon receipt of maintenance bond. Motion carried. 10. The Council considered an ordinance recon~ended by the Citizen Traffic Safety Support Co~nission to prohibit all trucks over 12,000 GVW on Bell Avenue from Sherman Drive to Withers.~ After a briefing by Rick Svehla in which he stated that the Traffic Commission had met in 5 meetings to discuss different alternatives for truck routes, the Commission finally decided that the area causing problems was on Bell Avenue from Sherman to Withers. The following Ordina~ce was presented: ORDINANCE NO. 79-17 AN ORDINANCE AMENDING CHAPTER 24 "TRAFFIC", ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A NEW SECTION 24-67 PROHIBITING TRUCK TRAFFIC ON A CERTAIN PORTION OF BELL AVENUE; PROVIDING FOR EXCEPTIONS; PROVIDING A PEN~TY; AND DECLARINGANEFFECTIVE DATE. Motion was made by Hughes, seconded by Nash that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Gay"aye" and Mitchell "aye". Motion carried. 11. The Council considered the recommendation of the Traffic Safety Support Commission to reduce the speed l~mit on Fort Worth Drive from Eagle to Carroll from 35 to 30 mph. Rick Svehla advised that the Planning and Zoning Commission reviewed this item at their February meeting and felt that due to the distance and the sharp curve at Carroll, a 30 mph speed limit is warranted. Motion was made by Nash, seconded by Hughes to approve the request to reduce the speed limit on Fort Worth Drive from Eagle to Carroll from 35 to 30 mph. and the City be'instructed to prepare the appropriate ordinance. Motion carried. 12. The Council considered payment of engineering fees for City of Denton's share of water ar~ sewer improvements in the NTSU area. Director of Utilities, Bob Nelson, stated that this money would reimburse NTSU for engineering fees for the City of Denton financed projects; engineering fee is in the amount of $7,753.60 for the Prairie Street sewer line and the Avenue C water line. ~otion was made by Nash, seconded by Gay to approve payment of engineer- ing fees for the City of Denton's share of water and sewer improvements in the NTSU area. Motion carried. 13. The Council considered a lease for office space for the Energy Conser- vation Office. King Cole, Assistant City Manager, advised that arrangements for lease for 2 rooms in the Raposa Building at a monthly rate of $225.00 have been made. We must pay the first and last months rent in advance as a deposit. Funds for the Conservation Office, headed by John Goldman, come from contributions from our electric utilities and a $15,000 grant from the Governor's Office of Energy Conservation. Motion was made by Nash, seconded by Hughes that the lease for the office space be approved. Motion carried. March 6, 1979 Continued 14. RESOLUTIONS: The follow±ng aesolut±ons were presented: (A) A Resolution establishing an estimated project schedule for design and construction of Hickory Creek sewer interceptor. AT A REGULAR MEETING OF TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, H~LD IN THE FL~NICIPAL BUILDING OF SAID CITY ON TH~ 6TH DAY OF ~RCH, A.D. 1979. RESOLUTION WHEREAS, the City of Denton, Texas has made application to the Texas Department of Water Resources and the Environmental Protection Agency for a Federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto; NOW, THEP~EFORE, BE ITRESOLV~D BY THE CITY OF DENTON, TEXAS: ·hat the application for which Federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: GENERAL INFORMATION DATE Date applicant's share of Step 1 Already Completed project costs will be Step 2 As Needed available Date Site(s) for project facilities will be available By March 1, 1980 PROJECT SCHEDULE ITEM CALENDAR DAYS Step 1 - N/AAlready Completed. Step 2 A. User Charge System and Industrial Cost Recovery System (if required) developed and submitted to the State after Step 2 grant award. 270 Days B. Preliminary Plan of Operation (if required) completed and submitted to the State after Step 2 grant award. 270 Days C. Final Plans and Specifications, completed and submitted to State after Step 2 grant award. 365 Days Step 3 A. Advertise for construction bids within after authorization to advertise for bids has been issued. 15 Days B. Submit Bid opening Documents within after authorization to advertise for bids has been issued. 45 Days C. Award of Construction Contract within after auth- orization to award ~e contract has been issued. 15 Days D. Initiation of Construction within after the award of the contract. 15 Days E. Complete Construction within after initiation of construction. 500 Days March 6, 1979 Continued BE IT FURTHER RESOLVED, that the City of Denton, Texas, understands that the above project schedule must be approved by the Texas Department of Water Resour- ces and the Environmental Protection Agency, and that once a project schedule . has been approved, no changes will be authorized without first receiving app- roval of the change from the Texas Department of Water Resources and the Environ- mental Protection Agency. PASSED AND APPROVED this the 6th day of March, A.D. 1979. /s/ IOE 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 Nash, seconded by Gay that the Resolution be passed. On roll call vote Hughes "aye", Nash "aye", Gay"aye" and Mitchell "aye". Motion carried. (B) A Resolution relating to the North Texas Higher Education Auth- ority, Inc. approving certain ac'tions taken by the Board of Directors of the Corporation and approving the Directors thereof. RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE NORTH TEXAS HIGHER EDUCATION .AUTHORITY, INC; APPROVING CERTAIN ACTIONS TAKEN BY THE BOARD OF DIRECTORS OF THE CORPORATION; APPROVING THE DIRECTORS THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body of the City of Denton, Texas, on the 5th day of July, 1978, requested that certain individuals proceeded to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc. has proceeded in the development of a plan of doing business and it is now appropriate for this governing body to approve the actions taken and the composition of the Board of Directors of the said Corporation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: This governing body has been advised by the North Texas Higher Education Authority, Inc. that such Corporation, upon approval thereof by the governing bodies of the Cities of Denton and Arlington, Texas, proposes to issue revenue bonds in order to obtain funds to purchase student loan notes which are guaranteed under the provisions of the Higher Education Act of 1965 (Public Law 89-329), as amended, as provided by Chapter 53 of the Texas Education Code; that such bonds would be initially issued as "Series ~' bonds in the aggregate principal amount of $20,000,000 and that such bonds would be payable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such bonds and the payment thereof. SECTION 2: This governing body hereby requests that the North Texas Higher Educgtion Authority, Inc., proceed with the issuance and delivery of such bonds for the purposes aforesaid, and in this connection requests that the said Corp- oration exercise the powers enumerated and provided in Section 53.47 of the Texas Education Code; that such non-profit corporation shall, in this connection, exer- cise such powers for and on behalf of the City and the State of Texas, as contem- plated by Section 53.47(e) of the Texas Education Code. March 6, 1979 Continued SECTION 3: That the following instruments or actions, to wit: (a) the by-laws of the Corporation, as adopted by the Board of Directors; (b) the Articles of Amendment to the Articles of Incorporation of the Corp- oration; (c) the Plan of Doing Business of the Corporation, as adopted by the Board of Directors; (d) the election or designation of the eight Directors of the Corporation; and (e) the authorization of the Series A bonds of the said Corporation in the principal amount of $20,000,000; are hereby approved. SECTION 4: That the City of Denton, Texas, agrees to accept cash that may be conveyed to it by the Corporationwhen such funds are not encumbered and all bonds of the Corporation are paid and retired, but in no event does the City agree to assume any responsibility in connection with the administration of this student loan program; it being understood this responsibility is being assumed by the Corporation. SECTION 5: It is recognized by this governing body that the instruments which authorize the issuance of bonds by the Corporation will specifically state that the City of Denton, Texas, is not obligated to pay the principal of or interest on the bonds proposed to be issued by the Corporation. Nothing in this resolu- tion shall be construed as an indication by the City of Denton, Texas, that it will pay or provide for the payment of any obligation of the said Corporation whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein it is provided that a City may incur no indebtedness without having made provision for its payment, and the City of Denton hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corpor- ation. SECTION 6: This resolution shall be effective from and after its passage. PASSED ANDAPPROVED, this 6th day of March, 1979. MAYOR, CITY OF DENTON, TEXAS ATFEST: CITY SECRETARY, 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", Gay "aye" and Mitchell "aye". Motion carried. 15. The Council considered approval of a contract with Alexander Grant and Company to provide assistance in the development and evaluation of a request for proposals and providing computer service to the City of Denton. Following a briefing by Assistant City Manager King Cole, who stated that it is the Staff's recon~nendation that a contract with Alexander Grant and Company be approved to conduct the work outlined in a letter of agreement from Alexander Grant and Company to City Manager dated March 1, 1979, motion was made by Nash, seconded by Hughes that the contract be approved. Motion carried. 16. The Council received a report on pending legislation and considered taking a position on relevant legislation. (A) This Bill would allow an outside utility company to bid for sale of power and to utilize utility lines, poles and right-of-way to serve a State agency even though served by a b~nicipality. March 6, 1979 Continued (B) House Bill 1334 would eliminate eminent domain of public utilities. ~his was introduced out of Grimes County. This Bill would require compensation for land owners and prohibit public utilities from taking property L~til all appeals are completed. DISCUSSION: Mitchell--If we could not have condemned property in Denton in the past, all new streets would now be old streets. Hughes--I think Denton should take a stand against this Bill. Nash--This is competitive and competition is good. Gay--With investments we have, we would be in trouble if we had to bid each year. Hughes--I am completely against this Bill. Mitchell--I am also against this Bill. (C) House Bill 506--Council indicated support for this bill. 17. CONSENT AGENDA: Motion was made by Nash, seconded by Hughes that the following Consent Agenda be approved: Motion carried. The following were referred to the Planning and Zoning Commission for its recon~endations: (1) Z-1382, the petition of Mr. Troy Glenn, requesting a change in zoning from Single Family (SF-7) to Commercial (C) classification on approximately 1.2 acres adjacent and immediately north of Glenn's Automobile Garage, located at 832 E. McKinney Street. (2) Z-1383, the petition of Mr. J&mes Neblett requesting the following: (a) A change in zoning from Agricultural (A) to Light Industrial (LI) classification on approximately 7.9 acres located on U.S. Hwy 380 East. This tract begins 1700' east of the intersection of Hwy 380 and Cooper Creek Road, has 800' of highway frontage and is 430' deep. (3) The request for deannexation of property belonging to M. T. Cole Trust, located in the vicinity of the Denton Municipal Airport. (~) BIDS: (1) Bid #8636, t~ble games and accessories for Recreation Centers was awarded as follows: Items 1 and 3 to Modlin Equipment Company Items 8 & 9 to the low bidder, Nissen, Inc. Items 2,10,11,12 & 13 all rejected. 18. The Council adjourned into Executive Session at 8:45 p.m. to discuss sale of electric utility property to NTSU and board appointments. 19. The Council reconvened into Public Session at 9:30 p.m. to consider board appointments. Motion was made by Hughes, seconded by Gay that Jane Mitchell be appoint- ed to the Research and Economic Development Board to replace Ed Rutland. Meeting adjourned at 9:35 p.m. ~ ~ C SECRETARY 117 City Council March 20, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 20, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Members Nash, Stewart and Hughes; Assistant Manager Cole, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Mayor Pro Tem Gay and City Manager Chris Hartung. 1. Motion was made by Hughes, seconded by Nash that the minutes of the Regular Meeting of March 6, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1379, the petition of Mr. Cengiz Capan, requesting a change in zoning from Multi Family (MF-1) to Single Family (SF-7) classification at 923 West Oak. The Mayor opened the public hearing. After hearing 2 speak in favor and none in opposition, the hearing was closed. Motion was made by Nash, seconded by Hughes that the petit- ion be approved. Motion carried. (B) A public hearing was held on Z-1380, the petition of Mr. Barry Wachal, requesting a change in zoning from Agricultural (A) to Single Family (SF-10) classification on 12 acres located adjacent and east of Greenway Club Estates. The petitioner also requests a change from Agricultural (A) to Single Family (SF-7) classification on 32.4 acres located adjacent and east of the proposed SF-10 area. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the hearing was closed. Motion was made by Nash, seconded by Stewart that the peti- tion be approved. Motion carried. (C) A public hearing was held on Z-1381, the petition of Mr. John Cottrell, requesting a change in zoning from General Retail (GR) to Commercial (C) classification on .63 acre located on the north side of 1-35E, beginning 500' east of the intersection of 1-35 and Mayhill Road. The Mayor opened the hearing. No one was present to speak for or against the petition, so the hearing was closed. Motion was made by Stewart, seconded by Hughes that the petition be approved. Motion carried. 3. Jim Leggieri appeared to request he be allowed to house homing pigeons at his home place, and to consider amending an Ordinance entit- led Animals and Fowl, Article 4-8 in the Code of Ordinances. Leggieri stated that he had contacted all but one of his neighbors and that all were favorable if the homing pigeons were kept up. Motion was made by Nash, seconded by Stewart to amend Section 4-8 "Keeping of Fowl" in Denton's Code of Ordinances but that not more than 15 homing pigeons be housed, and to direct the City Attorney to prepare the appropriate amending ordinance. Motion carried. 4. The Council considered the request of Walt Broemer and Rod Gwoompi of the Texas Indian Commission that a Resolution be adopted authorizing publication of the intent to enter into a Cooperation Agreement with the Texas Inter-Tribal Indian Housing Agency of Texas. Mr. Broemer reviewed the request and provided basic informat- ion to the Council Members. March 20, 1979 Continued John Lavretta, City Planner, stated that this project would be beneficial for the rehabilitation of old structures in the City and that an agreement resolution might have to be changed. Motion was made by Nash, seconded by Hughes to publish an intent to enter into a Cooperation Agreement with the Texas Inter- Tribal Indian Housing Agency. Motion carried. City Attorney Isham advised that a resolution would be ready for official adoption at the next regular City Council meeting. 5. Mike Berry, a resident of Mission Street, made the Council aware of the lack of fire protection on Mission Street. He advised that no fire plugs were in the area. His remarks were from the results of an explosion o£ his neighbor's home. No official action was taken. 6. The Council considered a Resolution opposing legislation that would merge NTSU and TWU and their Boards of Regents. A Resolution, reviewed by Council Member Nash, mentioned only TWU. Council Member Hughes said she would have to abstain from voting on a Resolution tonight because of lack of information. The following new 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 MARCH, A.D. 1979. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council of the City of Denton opposes H. B. 1667 and further opposes any merger of the two great universities in Denton or of their Boards of Regents. PASSED AND APPROVED this the 20th day of March, A. D. 1979. /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. ISH~d~, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Nash that the Reso- lution be passed. On roll call vote Nash "aye", Stewart "aye" and Mitchell "aye". Motion carried with Hughes abstaining. 7. ORDINANCES: (A) ORDINANCE #79-18 AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANGING AND ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT ON FORT WORTH DRIVE BETWEEN THE INTERSECTION OF EAGLE DRIVE AND CARROLL BOULEVARD; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. 119 March 20, 1979 Continued Motion was made by Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE #79-19 ~Z-1377--Rollin Sininger) 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 330, 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 Hughes "aye", Stewart "aye", Nash "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE #79-20 (Z-1378--Ms. Dorothy Williams) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 3, BLOCK 330, 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 Stewart that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" and Mitchell "aye". Motion carried. 8. RESOLUTIONS: (A) The Council considered the following Resolution authorizing William K. Cole to act for and to perform the duties of the City Manager in his absence: 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 ~RCH A.D. 1979. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That William K. Cole, appointed Assistant City Manager on the 26th day of December, 1977, by the City Manager, which appointment is in all respects approved by the Council, is empowered to act for, and perform the duties of, the City Manager in his absence, is hereby expressly authorized to sign all checks, vouchers, or warrants for the withdrawal of money from the City Depository, when required during the absence of the City Manager, to be countersigned by the Director of Finance. That the said William K. Cole shall file a signature card with the City Depository, along with a copy of this resolution, and shall provide a surety bond with such surety and in such amount as is required of the City Manager. That this resolution shall be effective upon its passage and approval, and remain in full force and effect as long as William K. Cole ~s Assistant City Manager, unless sooner revoked by act of the Council or of the City Manager. PASSED AND APPROVED this the 20th day of March, A. D. 1979. /s/ JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS March 20, 1979 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 Hughes "aye", Nash "aye", Stewart "aye" and Mitchell "aye". Motion carried. (B) The Council considered the following Resolution author- izing the Mayor to execute a license between the City and Santa Fe Railway Company relating to a power line crossing at MP 101 + 2528.3 feet at Minchin in Denton County, Texas (U.S. 377): 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 MARCH, A.D. 1979. RESOLUTION WHEREAS, the City of Denton,Texas is desirous of executing a license agreement with The Atchison, Topeka and Santa Fe Railway Company relating to a power line crossing the railroad tracks at MP 101 + 2528.3 feet at Minchin, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Mayor of the City of Denton, Texas, is hereby authorized to sign on behalf of the City of Denton a license agreement with the Atchison, Topeka and Santa Fe Railway Company for a power line cross- ing MP 101 + 2528.3 feet at Minchin, Denton County, Texas. Said license agreement is attached hereto and made a part hereof. PASSED AND APPROVED this the 20th day of March, A. D. 1979. /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 Mitchell, seconded by Nash that the Resolution be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye" and Mitchell "aye". Motion carried. 9. The Council considered the following Ordinance allowing for final action on the petition of Safety Kleen Corporation seeking annexation and Planned Development (PD) zoning classification on approximately four acres located east of Cooper Creek Road and south of the existing Safety Kleen facility. March 20, 1979 Continued ORDINANCE NO. 79-21 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 APPROXIMATELY 4.47 ACRES OF LAND LYING AND BEING SITUAT- ED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS PLANNED DEVELOPMENT "PDt' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Mitchell that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Stewart "aye" and Mitchell "aye". Motion carried. 10. The Council considered authorizing the advertisement for bids for construction of drainage improvements on FM 1515 near the Peterbilt plant. The Council was briefed by Rick Svehla. Motion was made by Nash, seconded by Hughes to authorize advertising for bids for construction of drainage improvements on FM 15t5 near the Peterbilt plant. Motion carried. 11. The Council considered awarding bid #8642 for oversized paving and drainage structure on Kings Row. Assistant City Manager King Cole briefed the Council. Motion was made by Nash, seconded by Hughes that the bid be awarded to Claude Smith Excavating at a bid of $6,618.84 for the City's share of paving and $4,090.41 to Claude Smith for drainage, at a combined bid of $10,709.25. Motion carried. 12. The Council considered awarding bi8 #8651 for grading improve- ments for Police Firing Range. Motion was made by Mitchell, seconded by Stewart that the bid be awarded to Davis and Manning in the total amount of $13,833.00. Motion carried. 13. The Council considered a lease with Roger E. Sage for office space for the Energy Conservation Office. Motion was made by Nash, seconded by Mitchell that a lease with Roger E. Sage for office space in the amount of $225.00 per month for the Energy Conservation Office be approved. Motion carried. 14. The Council considered a report on the bird problem. Assistant City Manager King Cole advised that Dr. Keith Arnold of Texas A & M, stated that clow guns were a waste of money and effort but they will move birds from one location to another. He added that if 25,000 birds were disposed of, another 25,000 would arrive in a short time. Dr. Arnold also said that tree trimming could be utilized to make the potential nesting area unattractive to the birds. 15. The Council considered awarding bid #8648 for overwidth paving on Stuart Road and Hercules Lane. Council Member Nash stated that he was abstaining because he was involved with the project. Motion was made by Hughes, seconded by Mitchell that the bid for the City's share be awarded to Claude Smith at a low bid of $7,742.00. Motion carried with Nash abstaining. March 20, 1979 Continued 16. Motion was made by Nash, seconded by Hughes that the follow- ing Consent Agenda be approved. Motion carried. (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1384, the petition of Dr. Walter S. Miller, Jr. requesting a change in zoning from Single Family (SF-7) to Office (O) - classification at 2280 West Oak Street. (2) Z-1385, the petition of Mr. George C. Goen, request- ing a change in zoning from Single Family (SF-7) to Multi Family Restricted (MF-R) classification for approximately three acres located on the west side of Bell Avenue, adjacent and south of the Denton Housing Authority's elderly housing development. (B) BEDS: (1) #8643, five passenger van, awarded to Chester Morris Chrysler-Plymouth in the amount of $6,724.25. (2) #8644, metal garage doors, awarded to Duwayne Lamp and Associates in the amount of $8,645.00. (3) #8645, road bore for electrical conduit, awarded to Municiple Service, Inc. in the amount of $10,980.00. (4) #8647, 2S0 and S00 KCM electrical connectors, awarded to Temple, Inc. in the amount of $7,8S8.20. 17. The Council adjourned into Executive Session at 8:45 p.m. to discuss board appointments and litigation--Anita Martinez vs. City of Denton. 18. The Council reconvened into Public Session at 9:25 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:28 p.m. MAY~~~ ~TY SECRETARY 123 City Council April 3, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, April 3, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building: PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Stewart, Hughes and Nash; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hughes that the minutes of the Regular Meeting of March 20, 1979 be approved. Motion carried. Following the approval of the minutes the Mayor presented plaques in recognition of the retirement of Authala Williams and B. C. Carroll. Miss Williams had 22 years with the City and Mr. Carroll had 17 years. 2. PUBLIC HEARINGS: IA) A public hearing was held on Z-1382, the petition of Mr. Troy Glenn, requesting a change in zoning from Single Family (SF-7) to Commercial (C) classification on an .88 acre tract adjacent and north of Glenn's Automotive, located at 823 East McKinney. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the hearing was closed. John Lavretta stated that 27 letters were mailed with 5 in favor and 3 in opposition. Motion was made by Nash, seconded by Gay that the petition be approved. Motion carried. (B) A public hearing was held on Z-1383, the petition of Mr. James Neblett, requesting the following: (1) A change in zoning from Agricultural (A) to Light Industrial (LI) classification on 7.9 acres located on the north side of U.S. 380 East, beginning 1700' east of the intersection of 380 and Cooper Creek Road. (2) Annexation and Light Industrial (LI) zoning classification on 22.1 acres adjoining the property described in (1) to the north. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the hearing was closed. John Lavretta stated that 3 letters were mailed with 1 in favor and 1 in opposition, which means that a 4/5 vote of the Council is required and that the Council cannot take action on the annexation request, but can approve the zoning change. Motion was made by Stewart, seconded by Nash to approve the zoning change in the petition and to proceed with annexation requirements. Motion carried. At this point Mayor Mitchell introduced the candidates for the City Council in the April 7 election. The following 2 items were considered together: 3. The Council considered the request of Ed Stapleton that a new Ordinance be considered which would extend the hours of operation for establishments serving alcoholic beverages from 12:00 a.m. to 2:00 a.m. 4. The Council also considered the request of Ed Stapleton call- ing for the repeal of Section 19-65 and Section 19-20 of the Code of Ordinances which restrict the hours of operation for dance halls and pool halls. April 5, 1979 Continued Owners of private clubs who spoke mentioned that daylight savings time made it difficult because they could be open only from 2 to 5 hours per night. He added that these clubs were for adults. It was pointed out that many people who enjoy clubs like to be able to stay during late hours. ]it was also stated that many people go to the big cities for social life, that this drive to Dallas or Fort Worth is an unnecessary hazard. Police Chief Robert Mills advised that he was opposed to 2:00 o'clock closings. Mary Clements, resident of 1108 W. Mulberry, presented a petition to the Council, opposing the late hours. The petition said that there were 2 private clubs on W. Mulberry. Motion was made by Stewart, seconded by Hughes to table the matter for further investigation and study. Hughes then withdrew her second to allow discussion. Hughes--I am concerned about neighborhoods. I want to see how many neighborhoods are affected. Motion was made by Stewart, seconded by Hughes to table the matter until next Tuesday nights meeting. Motion carried. 5. The Council considered the request of Curtis Copeland to repeal Ordinances prohibiting the sale of alcoholic beverages in pool halls and dance halls. The City Attorney stated that it would be ill advised to take action until pending litigation is completed. Motion was made by Gay, seconded by Nash to table the matter and discuss it in Executive Session. Motion carried. 6. The Council considered adjustment of the 1978-79 Water/Sewer System Capital Improvement Plan so as to incorporate installation of a six inch water line and associated fire hydrants on Mission Street. City Manager Chris Hartung briefed the Council. Council Member Nash objected to a 5200' 6" water line, adding that the pressure at the end of the line would be very weak. He stated that there should be an 8" line to handle this. He also pointed out that there are many other areas in the City that need fire hydrants nearby. Utilities Director Robert Nelson advised that Mission Street is one of the areas furtherest from fire protection, adding that the Utilities Board and the Utilities Staff approve the subject project. Council Member Hughes suggested that the matter be tabled until next Tuesday nights meeting. Motion was made by Nash, seconded by Stewart to table the matter and to take a look at: the City's overall fire protection. Motion carried 3 to 2. 7. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE #79-22 (Cengiz Capan) 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 2.1, BLOCK 330 AS SHOWN THIS DATE ON THE OFFICIAL TAX ~P OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. April 3, 1979 Continued ~5 Motion was made by Gay, seconded by Hughes that the Ordinance be passed. On roll call vote Stewart "aye", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (B) ORDINANCE #79-23 (Barry Wachal) 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 14, BLOCK 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 Nash, seconded by Gay that the Ordin- ance be passed. On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (C) ORDINANCE #79-24 (John Cottrell) 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 4-A-l, BLOCK 276E 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 Hughes that the Ordinance be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (D) ORDINANCE #79-25 (Joyce Meadows) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS S~4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 8, BLOCK 187J 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 Hughes "aye", Stewart "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. (E) ORDINANCE #79-26 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 15 "PARKS AND RECREATION" BY ADDING A NEW SECTION 15-10 PROHIBITING POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN 100 FEET OF A PLAYING FIELD; DESIGNATING THE POSTING OF SIGNS; CALLING FOR ENFORCEMENT; DECLARING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Gay that the Ordin- ance be passed. On roll call vote Stewart "nay", Nash "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. (F) ORDINANCE #79-27 AN ORDINANCE REMOVING PARKING ON THE SOUTHSIDE OF EDWARDS STREET FROM AVENUE D TO AVENUE E; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Hughes that the Ordinance be passed. On roll vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 8. RESOLUTIONS: The following Resolutions were presented: April 3, 1979 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 3RD DAY OF APRIL, A.D. 1979. RESOLUTION WHEREAS, the City of Denton desires to publish its intent to enter into a cooperation agreement with the Housing Authority of the Texas Intertribal Indian Housing Agency of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTON, DENTON COUNTY, TEXAS, THAT: 1. The City Secretary is hereby authorized and directed to give notice of the intention of the City of Denton, Texas, to enter into a Cooperation Agreement with the Texas Intertribal Housing Agency of Texas, by twice publishing a copy of said notice in the Denton Record-Chronicle which is the City's officially designated newspaper. 2. Said Notice shall state that at the expiration of sixty (60) days from the date of the first publication, the City will consider the question of whether or not it will enter into a Cooperation Agreement with the Housing Authority. 3. The City Secretary shall keep a copy of the Cooperation Agreement proposed available for inspection by the public at the office of the City Secretary during usual business hours. 4. This Resolution shall take effect immediately. PASSED AND APPROVED this the 3rd day of April, A. D. 1979. JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nash, seconded by Hughes that the Resolu- tion be passed. On roll call vote Stewart "aye", Hughes "aye", Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 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 APRIL, A.D. 1979. RESOLUTION WHEREAS, the Corps of Engineers, U. S. Army, has made a preliminary study for a flood protection project for protection of the City of Denton against floods caused[ by Cooper Creek and has found that there is a possibility of Federal participation in the construction of such flood protection project under the authority of Section 205 of the 1948 Flood Control Act as amended; and WHEREAS, before proceeding with the preparation of plans for the proposed flood protection project, the Corps of Engineers has request- ed assurances from the City of Denton with respect to its willingness and ability to meet the requirements of local cooperation as set April 3, 1979 Continued forth in the Flood Control Act of 1936 consisting of furnishing the rights-of-way, accomplishing utility and road relocations, holding the Government free from damages and maintaining and operating the project after construction; and WHEREAS, the City of Denton is a legally qualified body capable under the provisions of the Statutes of the State of Texas, of meeting the requirements of local cooperation; and WHEREAS, the citizenship within the limits of the area which would be protected by the proposed flood protection project earnestly desire that the Corps of Engineers, U. S. Army, proceed with the preparation of the necessary plans and project report on the proposed flood protection project; and WHEREAS, the assurances stated hereinafter do not commit the Federal Government to the construction of the proposed flood protection project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Corps of Engineers be advised that the City of Denton will take appropriate action to provide full cooperation and participation at such time as the Corps of Engineers approves construction of a flood protection project for the protection of the City of Denton; and That it is understood that full cooperation and participation would require the sponsor to agree to : 1. Provide without cost to the United States all lands, easements, and rights-of-way necessary for project construction. 2. Bear the cost of all alterations and relocations to utilities, roads, bridges, cemeteries, and other community services, except railroads. 3. Hold and save the United States free from damages due to construc- tion, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors. 4. Maintain and operate the project after completion in accordance with regulations prescribed by the Secretary of the Army. 5. Assume full responsibility for all project costs in excess of the Federal cost limitation of. 6. Make cash contribution for project costs assigned to project features other than flood control. 7. Contribute toward construction costs where substantial land enhancement or similar type benefits will accrue in accordance with existing policies for regularly authorized projects. 8. Prevent encroachment which could interfere with proper functioning of the project for flood control. 9. Prevent encroachment on the ponding area and that if the ponding area capacities are impaired, the City will provide a substitute storage capacity or equivalent pumping capacity promptly without cost to the United States. 10. Consider the adoption of such flood plain regulations necessary to insure compatibility between future development and the degree of flood protection provided in the project area. BE IT FURTHER RESOLVED THAT a copy of this Resolution be forwarded to the District Engineer, Fort Worth District, Corps of Engineers, U. S. Army, Fort Worth, Texas. April 3, 1979 Continued PASSED AND APPROVED this the 3rd day of April, A. D. 1979. /s/ JOE MITCHELL, ~YOR 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 Hughes "aye", Stewart "aye" Nash "aye", Gay "aye" and Mitchell "aye". Motion carried. 9. The Council considered the following Ordinance allowing for final action on the petition of Ms. Ann Powell, seeking annexation and Light Industrial (LI) zoning for a twelve acre tract located on the north side of Scripture, immediately west of the ATSF railroad tracks. (Z-1370) ORDINANCE #79-28 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BE.lNG ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 12 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. COMPANY SURVEY, ABSTRACT NO. 193, DENTON COUNTY, TEXAS; CLASS- IFYING THE SAME AS LIGHT INDUSTRIAL "LI" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Gay that the Ordin- ance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 10. The Council considered deannexation petition regarding two tracts in the M. T. Cole Trust. Assistant City Manager King Cole stated that this deannexat- ion will not affect the airport. Motion was made by Nash, seconded by Gay to instruct the City Attorney to prepare an appropriate ordinance to deannex two tracts in the M. T. Cole Trust. Motion carried. 11. The Council considered Q-26, the request for quit claim of a 4' portion of a utility easement located on the north side of the lot at 2505 North Locust. John Lavretta briefed the Council and advised that the north wall of the house was built within 4' of an existing 10' easement. There are no utilities located within the requested 4' portion of the 10' easement. Council Member Nash stated that he would abstain from vot- ing since he made the drawings. Motion was made by Gay, seconded by Mitchell to approve the request for quit claim of a 4' portion of a utility easement located on the north side of the lot at 2505 North Locust and to instruct the City Attorney to prepare the appropriate document. Motion carried with Nash abstaining. 129 April 3, 1979 Continued 12. The Council considered a recommendation from the Planning and Zoning Commission concerning implementation of a subdivision review process, as well as a Planning Commission recommendation regarding revision of the City's subdivision regulations. John Lavretta stated that this review process does not become law, it's advisory only, that this process should be of help to the developer in developing of a subdivision. Motion was made by Stewart, seconded by Hughes to approve the recommendation. Motion carried. Lavretta added after the motion that he suggested that the Council revise the present building requirements of the City. 13. The Council considered awarding a contract for painting the exterior of elevated water storage tanks on Riney Road and Peach Street (Bid #8649). Utilities Director Bob Nelson stated that there was only one bid and that the repainting of the 2 million gallon Riney Road tank was bid at $40,500 and repainting of the 360,000 gallon Peach Street Tank at $18,000, for a total for both tanks of $58,500. He added that $65,000 had been budgeted in the 1978-79 budget for the interior and exterior painting of the Riney Road tank. After an inspection it was determined that the tank still has an excellent exterior paint job. He advised that the Utilities Board had recommend- ed approval of the contract. Motion was made by Hughes, seconded by Nash to award a contract for painting the exterior of elevated water storage tanks on Riney Road and Peach Street (Bid #8649) to Blue Ribbon Lining and Painting, Inc. of Houston, Texas in the amount o£ $58,500. Motion carried. 14. The Council considered awarding a contract for construction of water and sewer improvements at various City locations (Bid #8650) Utilities Director Bob Nelson stated that water and sewer line improvements included in the 1978-79 Capital Improvements Plan were on Stanley Street, Thomas Street, Bellmeade Street, Mimosa Street, Gober Street and Stuart Road, with budgeted funds for water lines-- $175,531.29 and bond funds for sewer lines--S181,196.71, for a total of $356,728.00. He advised that the Utilities Board recommended that the bid be awarded to Dickerson Construction Company of Celina in the amount of $356,728.00 Motion was made by Nash, seconded by Stewart that the bid be awarded to Dickerson Construction Company of Celina in the amount of $356,728.00. Motion carried. 15. The Council considered payment of participation agreement with Martino Realty Company for oversize sewer line in Golden Triangle Industrial Park. Motion was made by Nash, seconded by Gay to approve payment in the amount of $24,599.49 for the City's share of oversize sewer line in Golden Triangle Industrial Park. Motion carried. 16. The Council considered participating with First Texas Sav- ings in oversizing sewer line in Kingston Trace, Section IV. Utilities Director Bob Nelson stated that the City's share was $9,012.15 to be bid from Sewer Bond Funds. Motion was made by Stewart, seconded by Hughes to approve $9,012.15 for the City's share in oversizing sewer line in Kingston Trace, Section IV. Motion carried. 17. Copies of the Annual Financial Report were distributed to Council Members by Finance Director Bill McNary. The City Manager stated that the Management letter from Alexander Grant 6 Company had not yet been received. No action was necessary. 18. The Council considered adjustments of the tax rolls for uncollectable accounts. Motion was made by Hughes, seconded by Nash to approve amending adjustments to the tax rolls for uncollectable accounts. Motion carried 4 to 1. 19. The Council considered an update on pending legislation. (A) Isham stated that there was a Bill to change the sales tax to population rather than amount of sales. The Council indicated opposition to this Bill. (B) Isham stated that there was a Bill to require a city with a generating plant to pay schools 2 1/2% of the gross revenue produced by that plant. The Council indicated opposition. (C) Isham advised that there was a Bill before the House to place power agencies under the State. The Council indicated opposit- ion. 20. CONSENT AGENDA: Mayor Mitchell asked that Bid #8653, lease parking meters and service for streets at NTSU be removed from the Consent Agenda and considered separately. Council Member Nash asked that Bid #8646, Lease Word Process- ing Equipment, be removed from the Consent Agenda and considered separately. Motion was made by Hughes, seconded by Nash to approve the following Consent Agenda. Motion carried. (A) REFERRALS: The following petitions were referred to the Planning and Zoning Commission for its recommendation: (1) Z-1386, the petition of Henry S. Miller Cgmpany requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on 14.5 acres located on the south side of 1-35E near the intersection of Loop 288. (2) Z-1387, 'the petition of Mr. Bill Neu, requesting a change in zoning from Multi Family (MF-1) to Office (0) classification on a .43 acre tract located on the west side of Carroll Boulevard between Oak and Pearl Streets. (B) BID: (1) #86S2, automatic load transfer equipment, awarded to low bidder meeting specifications, Priester Supply Company at $6,984.61. 21. Motion was made by Mitchell, seconded by Gay that bid #8653, parking meters and service, be awarded to Jerry Dreher, Distributor, the low and only bidder for lease of reconditioned meters with complete service at a minimum cost per year of $5,400.00. Motion carried. 22. Motion was made by Hughes, seconded by Mitchell that bid #8646, Word Processing System, be awarded to the low rental/purchase bidder meeting specifications, Wang Laboratories at a total of $7,101 for four months through this fiscal year ending September 30, 1979. Motion carried 4 to 1. April 5, 1979 Continued 23. The Council adjourned into Executive Session at 9:45 p.m. to discuss board appointments and pending litigation. 24. The Council reconvened into Public Session at 10:25 p.m. 25. Motion was made by Hughes, seconded by Stewart to approve the following board appointments: Flow Hospital Board Mary Henderson Williams appointed to replace Robert Nichols, whose term expires 9-30-80. Planning & Zoning Commission Dr. Harold Reed CATV Board Joe Mitchell Meeting adjourned at 10:28 p.m. ~AYOR CITY SECRETARY City Council April 10, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, April 10, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Mitchell, Mayor Pro Tem Gay, Members Hughes, Stewart and Nash; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. 1. The Council considered the request of Ed Stapleton that: (A) A new Ordinance be considered which would extend the hours of operation for establishments serving alcoholic beverages from 12:00 a.m. to 2:00 a.m.; (B) The City repeal Sections 19-65 and 19-20 of the Code of Ordinances which restrict the hours of operation for dance halls and pool halls. Speaking for the change of closing hours to 2 a.m. were four persons. Five persons indicated opposition. Ed Stapleton, Attorney for petitioners, presented a petition to the Council containing 2,061 signatures asking for extended hours. M~ion was made by ~ash to extend hours to 2 a.m. for establish- ments serving~lcohol. The mo'tion died for lack of a second. Motion was then made by Gay, seconded by Stewart to deny the request. Motion carried 4 to 1. Motion was made by Stewart, seconded by Hughes to deny the request to remove the restriction of hours for the operation of dance halls and pool halls. Motion carried 4 to 1. 2. The Council co~.sidered the Annual Financial Report. Buford Rhodes, representing Alexander Grant and Company, presented the Annual Financial Report. Mr. Rhodes discussed the Auditor's Report and highlights of the financial position for the General Fund, the Water and Sewer System Fund and the Electric System Fund. Council Member Nash requested additional information about the comments presented in the Auditor's Report concerning the treatment of appraised values for the Electric System Utility Plant. No action was taken by the Council. 3. The Council considered a report on fire protection in the City of Denton and considered the disposition of the Mission Street water line and associated fire hydrant. The City Manager 'requested that the Council delay action on the Mission Street water line project until a detailed analysis of our water system relative to fire protection capabilities can be completed. Utilities Director Bob Nelson advised that Insurance regulat- ions say that a 6" line is adequate. Mitchell--Perhaps Mission Street should be part of a major project. Stewart--I believe we should go ahead with Mission Street project now. Motion was made by Stewart, seconded by Gay to extend an 8" line from James Street to Fort Worth Drive and then a 6" line on Mission Street. Motion carried. 133 April 10, 1979 Continued 4. The Council considered a contract with NTSU for a Citizen Survey. Following a briefing by the City Manager, James J. Glass sai8 that his proposal should be considered "informal". He added that before NTSU can enter into a contract the budget and proposal must be signed by the appropriate official. Hughes--This is a modest proposal. It will be very helpful. Motion was made by Gay, seconded by Hughes to receive infor- mation for working out a contract with NTSU. Motion carried. 5. The Council considered an Ordinance canvassing the April 7, 1979 Municipal Election. Mayor Mitchell recommended that the swearing in of Roland Vela be delayed since the present Council must canvass the returns. The following Ordinance was presented: ORDINANCE #79-29 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 7, 1979, TO ELECT THREE CITY COUNCILPERSONS TO THREE PLACES, PLACES ONE (1), TWO (2) AND THREE (3). Motion was made by Stewart, seconded by Hughes that the Ordin- ance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. The following Ordinance was presented: ORDINANCE #79-30 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELg~TION HELD APRIL 7, 1979, TO CANVASS THE OPINION OF THE CITIZENS IN PROPOSAL NUMBER ONE AND PRO- POSAL NUMBER TWO. 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 7th day of April, A. D. 1979, for the purpose of submitting to the qualified voters of said City, for their opinion, proposals concerning the direct election of Mayor and expansion of the City 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 Proposal Number One and Proposal Number Two at this election: PROPOSAL NUMBER ONE 2713 Votes Cast FOR The direct election of the Mayor of the City of Denton, Texas. (A Mayor to have the same responsi- 891 Votes Cast AGAINST bilities and duties as the Mayor presently has under the Charter.) PROPOSAL NUMBER TWO 2556 Votes Cast FOR The expansion of the City Council 1036 Votes Cast AGAINST from five members to seven members. April 10, 1979 Continued PASSED AND APPROVED this the 10th day of April, A. D. 1979. /s/ JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY Motion was made by Stewart, seconded by Hughes that the Ord- inance be passed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye", Gay "aye" and Mitchell "aye". Motion carried. 6. The Council considered the following Ordinance calling a Special Run Off Election for April 21, 1979: ORDINANCE #79-31 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 21ST DAY OF APRIL, 1979, THE SAME BEING THE FOURTEENTH DAY AFTER THE PRECEDING ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCILPERSON TO PLACE TWO (2), AND ONE (1) COUNCILPERSON TO PLACE THREE (3) 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 Hughes, seconded by Stewart that the Ordinance be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye", Gay "aye" and Mitchell "aye". Motion carried. 7. The Council adjourned into Executive Session to discuss land acquisition and personnel. The Council reconvened into Public Session at 9:30 p.m. to consider selecting a Recount Committee to recount the votes in Place 2 of the City of Denton City Council Election. Motion was made by Hughes, seconded by Nash to order a recount of Place #2 for Friday, April 13th to be held in the City Manager's Conference Room, and to appoint Sybil Evans, R. B. Escue, Jr. and Jim Riddlesperger to the Recount Committee, with Escue to serve as Chairman. Motion carried. 8. The City Secretary administered the Oath of Office to Roland Vela who was winner in Place #1 in the April 7, 1979 Council Election. He took his seat on the Council. 9. Mayor Pro Tem Gay took the chair and presented the following Resolution: AT A SPECIAL MEETING OF THE CITY COUNDIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF APRIL, A.D. 1979. THE STATE OF TEXAS ~ RESOLUTION IN APPRECIATION COUNTY OF DENTON ~ OF JOE MITCHELL CITY OF DENTON ~ 135 April 10, 1979 Continued WHEREAS, the Council of the City of Denton is losing one of its most valued members, Joe Mitchell, who was elected thereto in April of 1975, serving until his term expired, on this April 10, 1979, having chosen not to seek re-election; and WHEREAS, Joe Mitchell 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 sub- ordinates and fellow Council members; and WHEREAS, Joe Mitchell has been very active as a member of this Council, which elected him Mayor of the City of Denton in April of 1978 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 Joe Mitchell, 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 Joe Mitchell, felt by the citizens and officers of the City of Denton be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, Texas, and forwarding to him a copy hereof; and BE IT FURTHER RESOLVED, that the City of Denton does hereby officially and sincerely extend its best wishes to the Honorable Joe Mitchell, for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED this the 10th day of April, A. D. 1979. /s/ MARY CLAUDE GAY, MAYOR PRO TEM 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 Gay that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hughes "aye", Nash "aye" and Gay "aye". Motion carried. 10. Council Members thanked Mayor Mitchell for his dedication and concern during his tenure of office. Meeting adjourned at 9:45 p.m. CITY SECRETARY City Council April 13, 1979 Emergency Called Meeting of the City Council of the City of Denton, Texas, Friday, April 13, 1979 at 4:30 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Members Vela, Nash and Hughes; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart 1. The Council considered the following Ordinance canvassing the recount of the election results for Place 2. ORDINANCE #79-32 AN ORDINANCE CANVASSING THE RECOUNT OF ELECTION RETURNS IN PLACE TWO (2) OF ELECTION HELD APRIL 7, 1979. 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 7th day of April, 1979, for the purpose of electing three (3) members to said Council, three members to be elected to Places One (1), Two (2), and Three (3) for two (2) year terms; 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; that a request was duly made to recount the votes in Place Two (2); that a Committee was appoint- ed to conduct the recount in accordance with Article 9.38a of the Texas Election Code; that such recount was conducted on April 13, 1979; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and that the recount shows that the following votes were cast at said election for each candidate in Place Two (2), there being no other person receiving any votes at th~s election; PLACE TWO (2): Domingo Garcia 154 George Schneider 869 Ray Stephens 1790 Lawrence "Robby" Robinson 854 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Ray Stephens and George Schneider received the highest and second highest votes,respectively in Place Two (2), and it is determined that a special run-off election is necessary to fill Place Two (2). PASSED AND APPROVED this the 13th day of April, A. D. 1979. .is/ ~ARY CLAUDE GAY, MAYOR PRO TEM 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 137 April 13, 1979 Continued Motion was made by Nash, seconded by Vela that the Ordinance be passed. On roll call vote Hughes "aye", Nash "aye", Vela "aye" and Gay "aye". Motion carried. Meeting adjourned at 4:45 p.m. CITY SECRETARY City Council April 17, 1979 Regular Meeting of the City Co~mcil of the City of Denton, Texas, Tuesday, April 17, 1979 at 7:00 p.m. ~n the Council Chamber: of the Municipal Building. PRESENT: Mayor Pro Tern Gay, Members Nash, Stewart and Vela; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hughes that the minutes of the Regular Meeting of April 3, 1979 and the Special Called Meeting of April 10, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1385, the petition of Mr. Carroll Goen, requesting a change in zoning from Single Family (SF-7) to Multi-Family Restricted (MF-R) classification on three acres located on the west side of Bell Avenue, adjacent and south of the Denton Housing Authority's elderly development The Mayor opened the public hearing. After hearing 1 speak in favor and 1 in opposition, the Mayor closed the public hearing. John Lavretta stated that the Planning and Zoning Commission had unanimously reconmaended approval of this petition. Hughes--We need to protect neighborhoods, but we also need housing for anticipated growth of the City. Motion was made by Nash, seconded by Vela that the request be denied. Motion carried 4 to 1. 3. The Council considered the Annual Report of the Denton Chamber of Commerce Convention and Visitors Bureau. Darrell Woolwine, Director of the Convention and Visitors Bureau, present- ed a Financial Report, showing that $61,917.39 was received; that this is 22% increase over 1977-78 financial years revenue. Mr. Woolwine presented to Council Members Financial Statement and Budget figures and Program of Work for 1979-80. Motion was made by Hughes, seconded by Nash to receive the report. Motion carried. 4. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE #79-33 (Troy Glenn) AN ORDINANCE AMENDING THE ZONING ~tP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 8-15 AND CITY LOTS 16 AND 17 OF BLOCK NO. 165 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIV~E DATE. Motion was made by Stewart, seconded by Hughes that the Ordinance be passed. On roll call vote Vela "aye", Nash "aye", Stewart "aye", Hughes "aye" and Gay "aye". Motion carried. (B) ORDINANCE #79-34 AN ORDINANCE REMOVING PARKING ON BOTH SIDES OF WOODROW LANE FROM MORSE STREET TO 500 FEET SOUTH OF THE WILLOW SPRINGS INTERSECTION. PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Rick Svehla advised that the passage of this Ordinance was recon~nended by the Citizen Traffic Safety Support Commission. He added that it's his impression that Turbo people will make provisions for parking other than on Woodrow Lane. Motion was made by Nash, seconded by Hughes that the Ordinance be pass- ed, with 30 days rather than 14 days given before the Ordinance goes into effect. On roll call vote Stewart "aye", Vela "aye", Nash "aye", Hughes "aye" and Gay "aye". Motion carried. April 17, 1979 Continued ~3~ 5. The Council considered a revised general plan for Planned Development 22 (John Knox Retirement Village) and considered site plan approval for a portion of PD-22. John Lavretta stated that the Planning and Zoning Commission had reviewed the revised general site plan for John Knox Retirement Village and that the original approved site plan authorized 1,170 single story ~nits on 157 acres. Robert Horn of John Knox Retirement Village, added that two 4 story apartment buildings (98 ~nits and 168 units) and a nursing home administration building would require the elimination of several residential clusters. Motion was made by Vela, seconded by Stewart to approve the revised general plan. Motion carried 4 to 1. Motion was made by Vela, seconded by Hughes to approve the site plan. Motion carried 3 to 2. 6. The Council considered site plan approval for a portion of Planned Development 23 located on Carroll Boulevard. John Lavretta advised that the Planning and Zoning Commission recommended approval of this site plan with the following condition regarding access to the property: (A) An alternative access to Carroll Boulevard shall be provided when the small retail area east of the apartment site is developed. Motion was made by Hughes, seconded by Nash to approve the proposed site plan for a portion of PD-23 with the condition. Motion carried. 7. The Council considered instituting annexation proceedings regarding the petition of Mr. James Neblett seeking annexation and Light Industrial (LI) zoning classification for 22.1 acres located on the north side of U.S. 380 East. This tract begins 1700' east of the intersection of 380 and Cooper Creek Road and measures 800' in width and 1200' in depth. City Attorney Isham said that zoning had been approved at a public hear- ing and that the Council should publish the Ordinance and proceed with annexation. Motion was made by Stewart, seconded by Nash to instruct the City Attorney to publish the annexation Ordinance. Motion carried. 8. The Council considered content of a request for proposals for the sale of the old Post Office Building. John Lavretta advised that there could be 2 alternatives to advertising for the old Post Office Building. (A) Advertise the Post Office property for sale and award it to the highest bidder. (B) Advertise the Post Office property for sale, but require land use plans with the bids and award the property to the best overall proposal. Motion was made by Hughes, seconded by Stewart to direct the Staff to advertise the Old Post Office Building for sale. Motion carried. 9. The Council considered selection of a consultant to perform design and construction administration for the Robertson Street overpass. John Lavretta advised the Council that 15 firms were contacted to see if they were interested; 8 firms responded. There were 4 firms in the final group that the review Committee determined that passed the selection criteria. Forrest and Cotten, Inc. meets the needs of the City. A representative of Forrest and Cotten was present and presented brochures to the Council. April 17, 1979 Continued Council Member Nash said. that he wanted to have a local finn to have a say. Bill Schoell of Schoell, Fields and Association of Denton, stated that if his firmwere chosen he could utilize the association of the firm of Bakke, Kopp, Ballowand McFarland of St. Louis Park, Minnesota. City Manager Hartung stated that it's the Council's prerogative to take whatever action they desire. Council Member Hughes added that she thought that the City should give other finns a chance for the contract. Motion was made by Nash, seconded by Stewart to table the matter. Motion carried 4 to 1. The Council, however, continued to discuss the matter after the motion was passed as follows: Stewart--Agreed with Nash that Schoell, Fields and Association could build the overpass. Hartung--I am asking the Council to keep me advised of local finns who could produce. Vela--Suggested that rough drawings be made of the proposed bridge by finns involved with approximate cost of the project. Hughes--My concern is that we should not interview them but should take Staff reco~nendations. We did ask the Staff to advertise. Gay--When we direct the Staff to obtain bids we should honor their decision. 10. The Council considered a contract between the City of Denton Parks and Recreation Department and the NT~J Division of Recreation and Leisure Study to conduct a model summer leisure education program as recommended by the Parks and Recreation Board. Dick Huck, Parks and Recreation Director, made available a brochure containing a proposal submitted to the City of Denton by NTSU Division of Recreation and Leisure Study and added that the Parks Board recommends this ~greement with NTSU. Motion was made by Stewart, seconded by Hughes to enter into an agreement with NTSU to conduct a model summer leisure education program for 3 established playground sites in Denton. Motion carried. 11. The Council considered an update on pending legislation and indicated their opinion relative to them. S.B.-981--Council Members asked for more information. The Council was not definite on several Bills as to for or against. No action was taken. 12. CONSENT AGENDA: Motion was made by Hughes, seconded by Stewart that the following Consent Agenda be approved. Motion carried. (A) REFERRALS: The following 5 petitions were referred to the Planning and Zoning Commission for its recommendations. (1) Z-1588, the petition of Mr. Ralph Nations, requesting a change in zoning from Agricultural (A) to Two Family (2-F) classification for 5.7 acres located on the south side of U.S. 580 East, immediately east of the intersection of 380 and the T & P NKT railroad tracks. April 17, 1979 Continued (2) Z-1389, the petition of Mr. Kert Moore, requesting a change in zoning from Multi-Family (MF-2) to Neighborhood Service (NS) classification on a .39 acre tract located on the southwest corner of Eagle Drive and Avenue B. (3) Z-1390, the petition of Mr. Robert Caldwell and Mrs. Rome Johnston, requesting a change in zoning from Multi-Family (MF-2) to Neighborhood Service (NS) classification for .6 acre located on the southwest corner of West Hickory and Welch Streets. (B) BIDS: (1) #8654, riding mowers, awarded to the iow bidder meeting speci- fications, Watson Distributing at a total bid of $9,215.00. (2) #8655, chlorinators, awarded to the Iow bidder meeting speci- fications, The RohanCompany for a total for six chlorinators of $5,915.34, FOB Denton, Texas with delivery 30 to 60 days. (3) #8562, Landfill Compactor/continuation of lease, to be leased for an additional 21 month period. Our lease/purchase option will be continued, however, the outright purchase price at the end of the second 12 month period would be reduced to $29,738.00 plus 7 1/2% simple interest. 13. The Council recessed into Executive Session at 9:10 p.m. to discuss Board Appointments. 14. The Council reconvened into Public Session at 9:37 p.m. Motion was made by Stewart, seconded by Vela that Dr. John Carrell be appointed to the Airport Board. Motion carried 4 to 1 with Nash casting the negative vote, but explained that he had not had the opportunity to talk with Dr. Carrell. Meeting adjourned at 9:42 p.m. City Council and Airport Board April 24, 1979 Special Called Joint Meeting of the City Council and the Airport Board of the City of Denton, Texas and a Special Called Meeting of the City Council, Tuesday, April 24, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: City Council: Mayor Pro Tem Gay, Members Nash, Stewart, Vela and Hughes: City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. Airport Board: Wright, Thomas, Crouch, Slater, Moorehead, Carrell and Taylor. JOINT MEETING OF THE CITY COUNCIl, AND THE AIRPORT BOARD: 1. A contract with Aerosmith Denton Corporation was considered. Gene Wright, temporary Chairman of the Airport Board, advised that the Board had spent months finishing a revision of the Airport Contract, adding that the Council had already approved 14 points. He suggested that the document be accepted in principle and requested that the City Attorney confer with Aerosmith's attorney to work out details. He advised that the document was unanimously approved by the Airport Board. Wright stated that am additional 10 year period was included at the option of the lessee, if additional buildings and improvements are done. Vela--What about insurance? Wright--This was inserted as item C on page 10 of the Contract. Stewart--What about T-Hangars ? Wright--The City will receive 10% of the revenue of all hangars. Stewart--Are we still paying Aerosmith $1,000 per month for hangars? Wright--Yes, until ]_981, but hangars will be City property at the end of this period. Stewart--Isn't the period of the lease too long? Wright--The Contract is the best we can offer. Motion was made by Nash, seconded by Vela to accept the recon~nendation of the Airport Board and to refer the matter to the City Attorney and the attorney for Aerosmith. Motion carried 4 to 1. 2. Termination of the Agency Agreement with Aerosmith Denton Corporation for airport management services was considered. Wright requested that the Agency Agreement item and agenda items regarding instructing the City Attorney to recover agricultural lease funds collected at Denton Municipal Airport and terminating the 1975 contract with Aerosmith Denton Corporation be referred to the Airport Board for the Board's consideration. Motion was made by Stewart, seconded by Hughes that the above mentioned items be turned over to the A~rport Board for study. Motion carried. 3. The request of Aerosmith Denton Corporation to construct new T-Hangars at Denton Municipal Airport was considered. Wright urged approval of these buildings. "They are badly needed", he said. Motion was made by Nash, seconded by Vela to approve Aerosmith's request to construct hangars subject to an inspection and a building permit. Motion carried. April 24, 1979 Continued ]43 MEETING OF THE CITY COUNCIL: 1. The Council considered the request of Melvin Simon and Associates for street improvements on Loop 288 near Golden Triangle Mall. Ron Perry, representing the Mall, stated that a study is being made of the traffic situation at I35E and Loop 288. He added that on a typical weekday, the Mall should generate 25,000 vehicles. He added that studies were made as to where traffic would come from. He said that 60.2% from I35E from the north, 11.5% from the south, 26% from Loop 288 and Colorado Boulevard extension 2.3%. He said that because of this traffic a u-turn is needed, adding that the inter- section of U.S. 377 needs to be improved also, and that signals are needed at the access road from the north. Vela--Who pays for this work? Miller Davidge, local attorney, stated that he was of the opinion that the State of Texas would pay much of the cost. He added that the developer has agreed to pay the cost of the design. Nash stated that the City will enjoy considerable revenue from the Mall, and they are not asking us to spend money at this particular time; that he believes that State and Federal funds will be made available. Motion was made by Nash, seconded by Stewart to go forward with the plans for the highway changes. Motion carried with Vela abstaining on the grounds that he does not know what the final cost to the Denton taxpayers will be for the improvements. 2. The Council considered the inquiry of Phillip Larimore concerning utility billing. Mr. Larimore stated that individual meters had been placed at Loma Del ReyApartments and the owner did lower the rent $29.00. He said he did have a balance on a bill, but that he was paying 25% interest on a past due balance. He asked why he was paying this amount and why did his billing time fluctuate? No action was taken. 3. The Council considered the request of Avenue A merchants calling for the installation of 30 minute only parking meters on Avenue A between Hickory Street and Mulberry Street. Joe Northern spoke for the merchants on Avenue A, requesting that 30 minute meters be installed on Avenue A The City Manager stated that it was a simple matter to adjust the meters for 30 minutes only. Motion was made by Nash, seconded by Hughes to instruct the City Staff to set 30 minute meters on Avenue A. Motion carried. 4. The following Ordinance was presented: ORDINANCE #79-35 AN ORDINANCE CANVASSING ELECTION RETURNS OF RUN-OFF ELECTION HELDAPRIL 21, 1979, TO ELECT TWO COUNCILPERSONS TO TWO PLACES, PLACES TWO AND THREE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that a run-off election was duly ordered to be held in the City of Denton, Texas, on the 21st day of April, 1979, for the purpose of electing two members to said Council, one member to be elected to Place Two and one member to be elected to Place Three for two (2) year terms; 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. April 24, 1979 Continued 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: PLACE TWO (2): George Schneider 986 votes Ray Stephens 2185 votes PLACE THREE (3): Mary Claude Gay 1218 votes Bud Hensley 1954 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Ray Stephens is elected to Place 2~vo (2) for a two year term; and Bud Hensley is elected to Place Three (3) for a two year term; and they received the proper number of votes to be elected, and that they are elected to said Council in accordance with law. PASSED AND APPROVED this the 22nd day of April, A. D. 1979. MARY CLAUDE GAY, MAYOR PRO T~M CITY OF DENTON, TEXAS ATTE ST: /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 Hughes that the Ordinance be passed. On roll call vote Vela "aye", Hughes "aye", Stewart "aye", Nash "aye" and Gay "aye". Motion carried. 5. The City Secretary presented plaques to out going Council Members Mary Claude Gay and Elinor Hughes. 6. The City Secretary administered the oath of office to new Council Members Ray Stephens and Bud Hensley. They took their seats on the Council. 7. The City Secretary took the chair and opened nominations for the position of Mayor. Council Member Hensley nominated Bill Nash, and no other nominations were presented. On the vote that followed, Nash was elected Mayor of the City of Denton by a 4 to 1 vote. Nominations were opened for the position of Mayor Pro Tem. Council Member Hensley nominated Ray Stephens. On the vote that follow- ed Stephens was elected Mayor Pro Tem by a vote of 4 to 1. 8. Mayor Nash read two Resolutions in appreciation of Elinor Hughes and Mary Claude Gay as follows: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF APRIL,, A.D. 1979. THE STATE OF TEXAS ~ RESOLUTION IN COUNTY OF DENTON ~ APPRECIATION OF }4~RY CLAUDE GAY CITY OF DENTON I April 24, 1979 Continued ] 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 Mary Claude Gay for valuable public service as a member of the City Council from April, 1977 until April, 1979; and WHEREAS, the Mayor and City Council acknowledge with grateful appreciation of the tireless and outstanding manner in which she has performed these, and many other, public services, and extend their best wishes for her continued success as a community leader; and WHEREAS, Mary Claude Gay has been very active as a member of this Council, which elected her Mayor Pro-Tem in April, 1978 which office continued until the end of her term, which indicates the esteem this Council holds for her; and WHEREAS, Mary Claude Gay has continually strived to make Denton a better place to live and has worked long and hard for Denton's growth and proper development. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation of Mary Claude Gay, felt by the citizens and officers of the City of Denton, be formally conveyed to her in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, Texas, and forwarding to her 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 Mary Claude Gay, for a long and successful career as a member of our con~nunity, and as a civic leader. PASSED AND APPROVED this the 24th day of April, A. D. 1979. /s/ MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Stewart that the Resolution be passed. On roll call vote Stephens "aye", Hensley "aye", Stewart "aye", Vela "aye" and Nash "aye". Motion carried. (B) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF APRIL, A.D. 1979. THE STATE OF TEXAS ~ COUNTY OF DENTON I RESOLUTION IN APPRECIATION OF CITY OF DENTON I ELINOR HUGHES WHEREAS, the Council of the City of Denton is losing one of its most valued members, Elinor Hughes, who was elected thereto in April of 1975, having chosen not to seek re-election in order to devote more time to her family and professional pursuits; and --.~\ I~qEREAS, Elinor Hughes has u~S¢lf contributed her t/me and effort in an out- standing and exemplary manner dUri~:~r tenure of office, and has promoted the welfare and prosperity of the City; and }~rtEREAS, Elinor Hughes, has been very active as a member of this Council, which elected her Mayor in April, 1976 serving in that capacity until April, 1978, which indicates the esteem this Council holds for her; and April 24, 1979 Continued WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Elinor Hughes, for the many years she has been with the City, and seek her future services and continued support which we know will be forthcoming. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation of Elinor Hughes, felt by the citizens and officers of the City of Denton, be formally conveyed to her in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, Texas, and forwarding to her 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 Elinor Hughes, for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED THIS THE 24th day of April, A. D. 1979. /s/ MAYOR CITY OF DENTON, TEXAS AT~E ST: /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 Vela, seconded by Stewart that the Resolution be passed. On roll call vote Stephens "aye", Stewart "aye", Hensley "aye", Vela "aye" and Nash "aye". Motion carried. The Mayor then stated that the Council appreciated the contribution made by Hughes and Gay and although there were differences of opinion between him and these Council Members, they provided much to the welfare of the City of Denton. 9. Bill Mizell of the Evening Optimist Club presented antique guns to the incoming Council Members. Motion was made by Vela, seconded by Stewart that a Resolution be prepared to be presented to the Evening Optimist Club. Motion carried. 10. The Council recessed into Executive Session at 9 p.m. to discuss land acquisition, Trantham vs. Holt Litigation and instructions to Staff in regards to the recall election and Trantlham vs. Holt lawsuit. 11. The Council reconvened into Public Session at 9:55 p.m.. The City Secretary certified the recall petition to the City Council and the City Attorney advised the Council that it was not necessary for the Council to do anything except receive the certification because the 3 members sought to be recalled are no longer on the Council. Motion was made by Vela, seconded by Stephens to receive the certifi- cation. Motion carried. Meeting adjourned at 10 p.m. ~~ ~ ~~-~- MAYOR City Council May 1, 1979 Regular ~4eeting of the City Council of the City of Denton, Texas, Tuesday, April 1, 1979 at 7 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Hensley, Vela and Stewart; City Manager Chris Hartung, City Attorney Paul Ishamand City Secretary - Brooks Holt. 1. Motion was made by Stephens, seconded by Vela that the minutes of the Regular Meeting of April 17, 1979; the Special Called Meeting of April 13, 1979 and the Special Called Meeting of April 24, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1384, the petition of Dr. Walter S. Miller, requesting a change in zoning from Single Family (SF-7) to Office (O) classification at 2280 West Oak Street. The Mayor opened the public hearing. After hearing 4 speak in favor and 2 in opposition, the Mayor closed the public hearing. John Lavretta stated that 19 letters were mailed with 7 returned in favor and 1 in opposition, and that the Planning and Zoning Commission had approved the petition by a vote of 4 to 2. A discussion relative to specific use permit was held. Motion was made by Stewart, seconded by Vela to refer the matter back to the Planning and Zoning Con~nission and request that they discuss a specific use permit for the property. Motion carried. (B) A public hearing was held on Z-1386, the petition of Henry S. Miller Co~pany, requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on 14.5 acres located on the south side of 1-35E near the loop interchange. The Mayor opened the public hearing. After hearing 2 speak in favor and none in opposition, the Mayor closed the public hearing. John Lavretta stated that 2 letters were mailed with 1 returned in favor and 1 in opposition. It, therefore, will require a 4/5 vote of the Council for approval. Motion was made by Stewart, seconded by Nash that the petition be approved. Motion failed with 3 for and 2 against. Four affirmative votes are necessary. At this point the Mayor read the following 3 Proclamations: (A) Declaring ~ay 3, 1979 as Youth Appreciation Day. (B) Declaring the week of May 20, 1979 through May 26, 1979 as Respect For LawWeek in Denton. (C) Declaring the week of May 13, 1979 through May 19, 1979 as Bike Safety Week. 3. John Whitsell, speaking in behalf of the Armadillo Coalition of Texas, relative to the City's participation in Comanche Peak Nuclear project, appeared before the Council. No official action was taken, but Council Member Vela expressed thanks for the group's concern. May 1, 1979 Continued 4. Claude Hill appeared before the Council concerning the Bonnie Brae construction project. He said that Bonnie Brae would be paved now if all companies concerned would complete their work on some type of schedule. He named Jagoe Public, Lone Star Gas and General Telephone. Joan Dean, Division Manager of General Telephone, advised that they would endeavor to complete work by June 1, 1979. City Manager Hartung stated that we have some problems, and these delays do happen, that the project should proceed with minimum of complaints. No official action was taken. 5. ORDINANCES: The following Ordinance was presented: ORDINANCE NO. 79-36 AN ORDINANCE APPROVING TH~ PLANNED DEVELOPMENT GENERAL SITE PLAN AND GENERAL SITE PLAN CONDITIONS FOR PLANNED DEVELOPMENT-22 INCLUDING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 157 ACRES OF LAND LYING AND BEING SITUATED IN TH~ COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE THOMAS LABOR SURVEY, ABSTRACT NO. 779 AND NATHANIEL BRIITON SURVEY, ABSTRACT NO. 51, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 6. RESOLUTIONS: The following Resolutions were presented: (A) The Council considered the Resolution ratifying sale of property at Bell and Sycamore to Dentom Publishing Company. Miller Davidge, local attorney, addressed the Council regarding this matter prior to the consideration as follows: Davidge distributed and read a memo to the Council. He gave a short history of the events that occurred during the negotiations and offers for the land in question. He urged the Council to take the final step to give Denton Publishing Company a clear title to the property and to adopt a Resolution approving the sale. Mayor Pro Tem Stephens suggested that the Comlcil consider a definite policy for handling the sale of City owned property. Motion was made by Nash, seconded by Stewart to table the Resolution. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) The Council considered the following Resolution designating Big Brothers and Big Sisters of Denton County as the City's sponsoring representative for a Texas Department of Community Affairs Early Childhood Development Grant which will provide funds for a Summer Children's Fair: AT A REGULAR ~4EETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF ~[AY, A.D. 1979. RESOLUTION WHEREAS, Big Brothers and Big Sisters of Denton County, Texas, a non-profit corp- oration desires to sponsor a Children's Fair for young children six years old and younger; and WHEREAS, grant funds for assisting in the development and coordination of the fair activities are available through the Texas Department of Community Affairs; and WHEREAS, the City of Denton wishes to support the Children's Fair, but lacks available staff resources to directly participate; and 149 May 1, 1979 Continued I~HEREAS, the City of Denton's only responsibility for this grant is to provide support, input and express a willingness to participate in joint evaluation of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton hereby designates Big Brothers and Big Sisters of Denton County as the sponsoring representative for the City to apply for and expend necessary funds for the pruposes of holding the Children's Fair in the summer of --- 1979. PASSED AND APPROVED this the 1st day of May, A. D. 1979. /s/ W. S. NASH, 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 Vela that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. (C) The Council considered the following Resolution exploring the costruction of improvements on Loop 288 and a U-turn on 1-35E near Golden Triangle Mall: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF2~TON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF ~.gIY, A.D. 1979. RESOLUTION WHEREAS, Melvin Simon and Associates is developing the Golden Triangle Mall at 1-35E and Loop 288 in Denton, Texas; and i~HEREAS, the mall will increase the traffic on the streets in and around the mall; and WHEREAS, there exists a need for expansion of Loop 288 and for creation of a "Texas-U-Turn" between the access roads of Interstate Highway SSE at Loop 288; NOW, THEREFORE, BE IT RESOLVED BY TH]] CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton will enter into discussions with the State of Texas Department of Highways and Transportation to explore constructing the improvements on Loop 288 and the "Texas U-Turn"; and BE IT FURTHER RESOLVED: That the developer and the City of Denton staff work together on all aspects of design and engineering of the improvements, and that they report to the Council their findings and a proposal for funding the improvements. PASSED AND APPROVED THIS the 1st day of May, A. D. 1979. /s/ W. S. NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS May l, 1979 Continued APPROVED .kS TO LEGAL FOP}d: /s/ PAUL C. ISHAM, CITY ATTOP, I~Y CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Stephens that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 7. The Council considered thd appointment of a Citizens Charter Advisory Committee. Mayor Pro Tem Stephens suggested each Council Member appoint two persons to the Charter Revision Committee to make recomnendations to the Council and the Council to select a chairman who would be number 11 and could break ties. Motion was made by Stewart, seconded by Stephens to appoint 11 persons to the Charter Revision Committee to consider items on the recent opinion poll and other items, with each Council Member to select two Committee Members, with the Council to select the chaim~an to break ties. Motion carried. 8. The Council considered payment to the Denton Independent School District for rental of school gymnasiums for 1978-79. The Parks and Recreation Department reconanended approval of payment. Motion was made by Vela, seconded by Hensley that payment be approved to the Denton Independent School District for rental of school gymnasiums in the amount of $5,479.77. Motion carried. 9. The Council considered easement and property acquisition in the lower section of Pecan Creek. John Lavretta briefed the Council, advising that easements have to be acquired across three pieces of property for relocation of the lower section of Pecan Creek. He added that because of construction costs, a new channel would be designed with earthen grassed embankments. Ne recov~ended acquiring the follow- lng easements and land: Easements owned b~: C. P. Reed, A. M. McDade and Barnett Flemings Land owned by: C. P. Reed and Darrow-Sheppard Trust Motion was made by Vela, seconded by Hensley that the easement and property acquisition in the lower section of Pecan Creek be approved. Motion carried. 10. The Council considered approving a pole use agreement between the City of Denton and Golden Triangle Con~unications. Bob Nelson advised that the lease per pole would be $5.00 per year, that there is no escalation clause in the contract. He estimated that 4,500 would be leased. We can renegotiate every two years. Under an amended agreement Golden Triangle will pay the cost of replac- ing the poles. Mayor Nash indicated opposition to the agreement. Motion was made by Vela, seconded by Stewart to approve the Pole Agreement with Golden Triangle. Motion carried 3 to 2. 11. The Council considered payment to Freese and Nichols for a study of the Flood Plain near Bonnie Brae and Payne Drive. The Manager briefed the Council and requested that the reimbursement be approved. May 1, 1979 Continued ~5] Motion was made by Vela, seconded by Hensley that payment to Freese and Nichols be approved in the amount of $4,341.69. Motion carried with Stephens abstaining because he did not have enough information. 12. The Council considered release of liability to Triple A Auto Salvage, B & 0 Gulf and Waller Exxon concerning authority and legality of removing junk vehicles from private property. Motion was made by Vela, seconded by Nash that a release of liability -- be approved for Triple A Auto Salvage, B & O Gulf and Waller Exxon. Motion carried. 13. The Council considered an update on pending Legislation. (A) SB-981 to approve wire tapping for specific reasons. Council Member Vela stated that he was opposed to any type of wire tapping. (B) The Manager discussed a Bill promoted to use non-profit organ- ~ izations for funds for low cost housing. 00 14. Motion was made by Vela, seconded by Stewart 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-1388, the revised petition of Mr. Ralph Nations, requesting a change in zoning from Agricultural (A) to Two Family (2-F) classification at 2722 E. University Drive. --' (2) Z-1391, the petition of Ms. Elizabeth Garrett, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on approximately 40 acres located east of the Mozingo Addition and bounded generally on the north by Mingo Road, on the south by Lattimore, and on the east by Audra. (3) Z-1392, the petition of Mr. Tom Fouts, requesting a change in zoning from Agricultural (A) to Commercial (C) classification on approximately 6.4 acres located on the south side of 1-35E, beginning 3500' west of Denton State School Road. (4) Z-1393, the petition of Mr. Tom Jester, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification for approx- imately eight acres located on the northwest corner of East McKinney and Mayhill Road. (B) BIDS: (1) #86S6, electric distribution transformers, awarded to Temple, Inc. at a total bid price of $17,940. (2) #8661, transmission poles, awarded to International Paper Company at $8,844.65. 15. The Council recessed into Executive Session at 10:10 p.m. to d{~§g- -~ pending litigation, personnel and board appointments. 16. The Council reconvened into Public Session at 10:45 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:48 p.m. ~ ,~ y~ b~YOR CITY SECRETARY City Council May 8, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, May 8, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela and Hensley; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. ABSENT: Council Member Stewart. 1. The Council considered the presentation of Ed Stapleton relative to the extension of hours of operation from 12:00 a.m. to 2:00 a.m. for establishments serving alcoholic beverages, pool halls and dance halls. Stapleton reviewed comments of persons who previously addressed the Council. He pointed out that one of the main comments was loss of revenue. He said there was a massive support of the 2 a.m. closing time and advised that a petition with 2,000 signatures had been very easy to obtain. Several citizens spoke regarding the 2 a.m. closing time. One citizen named the Mulberry Club as an offender. The Mayor stated that he had never voted for the clubs. He added that loud speakers should not be installed outside a club building, and if a customer is unruly when he leaves the club he should be picked up by Police. Mayor Pro Tem Stephens said that he had three concerns: (A) Noise (B) Litter (C) Cost for police protection. He asked theManager for costs to patrol the areas after 12 midnight. ~e City Manager stated that figures he might give camnot be based on facts, since no studies of this type of thing have been made. Vela-- (A) There are clubs because people drink. (B) People have this right. (C) If people demand 2 a.m. closings, then the owner has the right to stay open, but disturbing home life is another thing. The Manager advised that this problem is not necessarily city-wide. "We desire to control a nuisance and to work with neighbors." Mayor Nash asked Mr. Stapleton if he thought the club owners would pay an off-duty Policeman? Stapleton--There could be some contribution for a patrol, if necessary. Judson Moore, President of the North Texas Student Body, made the following statement: "I am concerned about students staying in a club until 2 in the morning. This could endanger the grades of students and dull their alert- ness in the classroom." Motion was made by Stephens to deny the request. Motion died for lack of a second. Motion was made by Vela, seconded by Hensley to approve the request of the private club owners to extend closing hour to 2 a.m.. Motion carried 3 to 1. 2. The Council received a report on the Denton Housing Study. John Lavretta reviewed the background of meetings and plans that led to the eventual housing study. He said that a special Committee was appointed and the Committee recommended hiring a consultant to prepare a study. May 8, 1979 Continued After a lenghty and detailed presentation John Lavretta commended the Committee and Comprehensive Planning Institute, Moore Diversified Services, Inc. in cooperation with Farrington and Associates, Inc. Dick Fulton, realtor who was on the Committee, thanked the Committee and the consultants for a very fine job. The Council agreed, as did the City Manager that the City must move forward with a housing program. 3. The Council considered extending the Animal Quarantine Contract between the City of Denton and Denton County for a period of one year. The Manager recommended extension of the contract for a period of one year beginning the day th~ new contract is approved byboth the City and County. Motion was made by Stephens, seconded by Vela that an extendedAnimal Quarantine Contract be approved for a one year period. 5~tion carried. 4. The Council considered a report on presentation by Philip Larrimore. Larrimore stated that he was still paying 25% interest on his unpaid utility balance. City Manager Hartung stated that we are all concerned about high bills. The single largest cost is the cost of fuel, not poor management. We have lowered payment of late payment from 10% to 5% on past due bills. Vela--If we are going to make changes we should see what affect we have on over all utilities. Stephens--Late penalty is a necessity; collections must be considered. Motion was made by Hensley to table the matter for further study. Motion died for lack of a second. Motion was made by Vela, seconded by Stephens to request the City Manager and Staff to set a past due policy with other alternatives. Motion carried. 5. The Council considered a report on Elderly Homestead Exemption. Mayor Nash--I have been thinking about an $8,000 exemption rather than a $6,000 exemption. The City Manager said that the impact of the homestead tax exemption £or the year 1978 involves $8,920,590.00 evaluation of exempt homesteads. This is 3% of the total valuation. The tax amount on the exempted homesteads is 110,615.32 and the number of exempted homesteads is 1,588. Motion was made by Hensley, seconded by Vela to direct the City Attorney to prepare an Ordinance for an $8,000 homestead exemption on property tax for the elderly to replace the present $6,000 homestead exemption. Motion carried. 6. The Council considered amending the Sewer Use Ordinance. The CityManager recommended amending the rate to be the same as the residential rates. Bob Nelson, Utilities Director, stated that loss of revenue with this amendment as applied to churches is estimated to be not more than $5,000 per year. The churches are on the commercial and industrial water rate. The only difference between the church rate and the residential rate is that the proposed church rate would not have a 20,000 gallon maximin. The following Ordinance was presented: ORDINANCE NO. 79-37 AN ORDINANCEAMENDING ORDINANCE NO. 78-24 BY ADDINGANADDITIONAL SUBSECTION (g) TO CHAPTER 25, SECTION 25-49 (b) (1) CONCERNING TH~ COMPUTATION OF TH~ CHURCH SEWAGE RATE; AND DECLARINGANEFFECTIVE DATE. May 8, 1979 Continued Motion was made by Hensley, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. 7. The Council considered progress payment of Participation Agreement with Denton Mall Company for a 30" water line under 1-35. Bob Nelson recommended that the progress payment be made, and that Denton Mall Company has presented a progress payment invoice. This progress payment is in the amount of $147,554.19. Motion was made by Nash, seconded by Hensley to approve the progress payment of Participation Agreement with Denton Mall Company for a 30" water line in the mnount of $147,554.19. Motion carried. 8. The Council considered update on the status of the following construction projects: (A) Peterbilt: Rick Svehla advised that due to a change in Peterbilt's plans, we anticipate another $5,000 cost increase for a storm sewer crossing that the City has agreed to build, and we want to advise the Council, and we need the Council's concurrence for inclusion in a bid doc~nent. Motion was made by Hensley, seconded by Nash to approve this change and to include in the bid. Motion carried. (B) Welch: Rick Svehla gave information on possibility of repairing Welch Street, adding that he would obtain more information by the next meeting so that the Council can give the Staff some direction. The Council concurred to table the matter for further study. 9. BOndeD APPOINTMENTS: (A) Motion was made by Nash, seconded by Vela that Ray Stephens be appointed as Council representative to the North Central Texas Council of Governments General Assembly. Motion carried. (B) The following Resolution was presented regarding appointing Council representatives to the Texas Municipal Power Agency: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF MIY, A.D. 1979. RESOLUTION WHEREAS, it is necessary for the City of Denton to appoint Directors to Places 3 and 4 on the Texas Municipal Power Agency Board of Directors; 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 appoints Roland Vela to Place 3 to fill an unexpired term as a Director to the Board of Directors of the Texas Municipal Power Agency, and hereby appoints W. S. Nash to Place 4 to fill a two year 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 8th day of May, A. D. 1979. /s/ W. S. NASH, MAYOR CITY OF DENTON, TEXAS 155 May 8, 1979 Continued A~fEST /s/ BROOKS HOLT, CITY SECP~TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOP, M: /s/ PAUL C. ISHAM, CITY ATTORNEY CITY OF DF2~TON, TEXAS Motion was made by Stephens, seconded by Hensley that the Resolution be passed to appoint Roland Vela to Place 3 and W. S. Nash to Place 4. On roll call vote Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. 10. The Council recessed into Executive Session at 11 p.m. to discuss land ~ acquisition and pending litigation. ~r) 11. The Council reconvened into Public Session at 11:45 p.m. to announce ~ that no official action was to be taken. hJ ~ Meeting adjourned at 11:48 p.m. MAYOR City Council May 15, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, May 15, 1979 at 7:00 p.m. in the Cou~ncil Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, City Attorney Paul Isham and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the Regular Meeting of May 1, 1979 and the Special Called meeting of May 8, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1387, the petition of Mr. Bill Neu, requesting a change in zoning from Multi-Family (MF-1) to Office (O) class- ification on .43 acre located on the west side of Carroll Boulevard between Oak and Pearl Streets. The Mayor opened the public hearing. Bill Neu advised that the building on the property would house the Texas Employment Commission. After hearing 1 proponent and 3 opponents the hearing was closed. DISCUSSION: Council Members were concerned with the traffic problem and the desire to keep Carroll Boulevard as a thoroughfare. John Lavretta advised that the Planning and Zoning Commission approved the zoning change. He added that a specific use permit might be an option. Motion was made by Stewart, seconded by Hensley to deny the request. Motion carried 4 to 1. (B) A public hearing was held on Z-1389, the petition of Mr. Kert Moore, requesting a change in zoning from Multi-Family (MF-2) to Neighborhood Service (NS) classification on .39 acre located on the southwest corner of Eagle Drive and Avenue B. This is a request for a laundromat. Mr. Moore stated that the laundromat would have 54 washers, 33 dryers, color televisions and an attendant at all times. He added that entry and exit could be on Avenue B. After hearing 2 speak in favor and none in opposition the hearing was closed. John Lavretta stated that the Planning and Zoning Commission felt that this business would not be detrimental to the area, and that Planning and Zoning Commission unanimously recommended approval of this petition. Motion was made by Vela, seconded by Hensley that the petition be approved. Motion carried. (C) A public hearing was held on Z-1390, the petition of Mrs. Rome Johnston and Mr. Robert Caldwetl, requesting a change in zoning from Multi-Family (MF-2) to Neighborhood Service (NS) classification on .6 acre located on the soathwest corner of Hickory and Welch. The Mayor opened the public hearing. After hearing 1 speak in favor and 1 in opposition, the hearing was closed. John Lavretta advised that the Planning & Zoning Commission had approved this request, adding that a small retail shop would be on the property. Motion was made by Hensley, seconded by Vela that the petition be approved. Motion carried 3 to 2. 157 May 15, 1979 Continued (D) A public hearing was held to obtain views on the proposed Community Development Block Grant application for 1979-80 prior to submission of the application to A-95 clearinghouse. The Mayor opened the public hearing. Mrs. Twaddel of N. Locust Street said this was the first time a possibility of improvement will be made in her neighborhood. Quinby Self asked if rehabilitation of housing for Indians will be in one area. The Mayor answered no. John Lavretta announced that Dreamland Apartments would be rehabilitated. He added that last year Denton received preliminary approval for a $1,500,000 grant to be funded over a two year period. We have received final approval of the 1978-79 installment of this grant(S750,000) and are operating the programs authorized. The projects with preliminary approval for second year are as follows: Code Enforcement $ 12,000 Housing Rehabilitation $218,000 Demolition $ 20,000 Paisley & Audra Intersection Improvement $ 80,000 Paisley Sidewalk $ 27,000 Replace 2" water line in Crawford, Wood, Ruddell, Replace 4" water line in Bradshaw $ 22,500 Replace 6" sewer line on Vine Street $ 24,000 Extend sewer from Alegra Vista to S. Locust $ 73,500 Planning and Research $ 20,000 Grant Administration $ 20,000 Contingency $ 75,000 $ 749,350 Lavretta asked that action be taken next Tuesday, May 22 at the Council Meeting. 3. ORDINANCES: The Council considered an ordinance extending the hours of operation for pool halls and dance halls. Assistant City Attorney Burt Solomons requested that action be tabled until the next regular meeting. Motion was made by Stewart, seconded by Hensley that the ordinance be tabled. Motion carried. 4. RESOLUTIONS: The following Resolution creating a Citizen Advisory Committee to study the Charter and make suggestions for proposed amendments was considered: 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 MAY, A.D. 1979. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas, desires to review the City Charter for the purpose of determining whether any amendments or revisions should be submitted to a vote of the citizens of Denton; and WHEREAS, at the Municipal Election held on the 7th day of April, 1979, a majority of the citizens voted in favor of expanding the Council from five to seven members and having the Mayor elected by the citizens; and WHEREAS, it would be appropriate to form a Citizen Advisory Committee to study the Charter and make suggestions for proposed amendments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That a Citizens Charter Advisory Committee is hereby created consisting of eleven (11) members appointed by the City Council to serve for an indefinite term until such time as the City Council abolishes the Committee. Each Council member shall appoint two persons to the Committee, and the Council, as a whole, shall appoint one member to serve as Chairman of the Committee. The Chairman shall vote only in cases of tie votes by the Committee. Said Con~nitt~ee wilt- review the present City May 15, 1979 Continued Charter and assist the Council in determining whether any amendments should be recommended and submitted to a vote of the citizens of Denton. The Committee will function at the direction of the Council and may develop such rules and regula~- tions concerning their meetings as the Committee or Council so desires. PASSED ~ ~uPPROVED this the 15th day of May, A. D. 1979. /s/ W. S. NASH, MAYOR CITY OF DENTON, TEXAS ATTE ST: /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 Stewart that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 5. The Council considered site plan approval for a portion of Planned Development 21, Good Samarit~ Village. Motion was made by Stewart, seconded by Vela that site plan be approved for a portion of Planned Development 21, Good Samaritan Village. Motion carried. Motion was then made by Hensley, seconded by Nash that the matter be tabled. Motion failed 2 to 3. 6. The Council considered the disposition of property located at Bell and Sycamore Streets which was purchased by the Denton Publishing Company. Council Member Vela said, "there must be some misunderstanding and confusion. The purchaser bought this property in good faith and we must be careful reneging on a contract. The City has given its word and is now backing out. No one showed any wrong doing, and I fail to see that this deal is null and void." The Mayor answered that it would be better to sell to the highest bidder. The citizens will expect this. Miller Davidge, Attorney for the Denton Publishing Company, stated, "the Council could go for bids on this type of land or sell to abutting land owners. In this case we are a victim of circumstances." 7. The Council considered the recommendation of the Planning and Zoning Commission concerning the installation of limited automated car wash machines in apartment complexes in the City. John Lavretta introduced Basil Murphey who will be the owner of the car wash. Lavretta stated that the Planning and Zoning Commission recommended approval that it meets the City Codes and State requirements, but it probably should go through the public hearing procedure. Motion was made by Vela, seconded by Stewart to pass a Resolution approving the car wash machines, but to go through the public hearing procedure. Motion carried. 8. The Co~mcil considered approval of final plans for Windsor Drive and authorize the Staff to advertise for bids. Mayor Nash abstained because of engineering involvement. Rick Svehla stated that plans and specifications are complete for the paving. The project consists of paving a 60' wide road between Bell Avenue and Stuart Road along with drainage improvements including one box culvert on Windsor May 15, 1979 Continued ]59 Drive and a second box culvert on Stuart Road approximately 160' north of the Windsor/Stuart intersection. This second culvert on Stuart Road will be funded jointly with a $20,000 contribution from the developer. This project was to be funded in the Capital Improvement Program and bonds have been sold to facilitate this construction. We estimate the City's cost of this project to be approximately $240,000. This is an increase from the prior Capital Improvement Program estimate of some $157,000. This increase of approximately $80,000 is due to several factors such as approximately $20,000 for the addition of the box culvert on Stuart Road. Motion was made by Vela, seconded by Hensley to approve the plans and to authorize the Staff to advertise for bids, with the stipulation that additional drainage work be done. Motion carried with Nash abstaining. 9. The Council considered a purchase order over $3,000 to Millard Heath, Inc., for Air Conditioner condensor at Old City Hall. The City Manager stated that "this is for a used (nearly new) McQuay Air Cooled condensor complete with installation labor, refrigerant, a year warranty and i~nediate delivery. The water cooled condensor at the Old City Hall is beyond repair, having been in use over 20 years. This air cooled condensor probably can be used in the remodeling of Old City Hall for the Police Department. The total cost of the condensor will be $9,275." Motion was made by Stewart, seconded by Vela to approve the purchase of the McQuayAir Cooled Condensor. Mayor Nash stated that the City must have at least two bids. Vela then withdrew his second to the motion. Motion was made by Hensley, seconded by Stewart to table the matter. Motion carried. 10. The Council considered a recommendation from the staff concerning the repaving of Welch Street from Highland to Hickory. Rick Svehla advised that repaying Welch Street would be of economic benefit to the City rather than letting the University patch the existing pavement over their utility improvement ditches. However, when looking at the problems of maintenance and liability, funding and future storm sewer installations, the project becomes questionable. Cost to the~City would range from $25-40,000, depending on whether work on the subgrade w~U.~be required. Currently the City has no funds to finance this project. Alth~there would be significant benefit to the repaying plan, the staff believes tha~hese would be offset by funding and timing problems. Therefore we would recommend that the City not repave Welch Street and that the utility ditches simply be patched as approved in the Univer- sity's contract. Motion was made by Stewart, seconded by Vela to accept the staff recommendation that Welch Street not be repaved at this time. Motion carried. 11. The Council considered Bid #8657, sale of the 1966 Booster Fire Truck. Motion was made by Stewart, seconded by Stephens to sell rig #17, the 1966 Booster Fire Truck, to the highest bidder, Mayhill~Cooper Creek Fire Depart- ment at $10,250. Motion carried. 12. CONSENT AGENDA: Council Member Stewart requested that item B-l, Bid #8658, two man aerial bucket truck be removed from the Consent Agenda. Motion was made by Stewart, seconded by Nash that the following Consent Agenda be approved. (A) R F m ms The following 2 petitions were referred to the Planning and Zoning Commission for its recommendations: May 15, 1979 Continued [l~ Z-1~94, the petition of Mr. Billy Clayton, ~equesting a change in zon±n~ from Agricultural [A~ to ¢o~ercial [C~ classification on approximatel~ one acre located on the south side of East University Drive, 500' west of the Loop 288/University Drive intersection. (2) Z-1395, the petition of Mr. Robert Welch, requesting annexation and Single Family (SF-13) zoning classification on 47 acres located adjacent and south of the Forrestridge Addition, and adjacent and west of the Montecito Addition. 13. Motion was made by Stewart, seconded by Stephens that Bid #8658, two man aerial bucket truck be awarded to the low bidder meeting specifications, Commercial Body Corporation in the amount of $45,038.00. Motion carried. 14. Mayor Pro Tern Stephens distributed a recommended list of Charter Revision Committee Members as follows: Charldean Newell (Chairperson) Larry Bailey Jlme Brownlee Dorothy Damico Bill Hudson Lillie Bell Hunter Frances La Forte Marvin Loveless Bill Midgett Jim Riddlesperger Michael Whitten Stephens suggested that the Committee meet with the Council on Tuesday, May 22, 1979 to obtain Council Member in-put and to complete any organization of the Committee other than the Chairperson. The Council concurred. 15. The Council recessed into Executive Session at 10:30 p.m. to discuss land acquisition, pending litigation and personnel. 16. The Council reconvened into Public Session at 11:15 p.m. to announce that no action was to be taken. Meeting adjourned at 11:18 p.m. MAYOR CITY SECRETARY City Council May 18, 1979 Emergency Meeting of the City Council of the City of Denton, Texas, Friday, May 18, 1979 at 10:00 a.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens and Member Vela; City ~nager Chris Hartung and City Secretary Brooks Holt. ABSENT: Members Stewart and Hensley and City Attorney Paul Isham. 1. The Council considered a purchase order over $3,000 for Air Conditioner condensor at the Old City Hall. Motion was made by Vela, seconded by Stephens to purchase a 100 ton McQuay Condensor from Millard Heath at a bid of $9,275.00. Motion carried. Meeting adjourned at 10:20 a.m. mYO~ c ITY ~SECRETARY ' City Council May 22, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, May 22, 1979 at 7:00 p.m. in the Council Chamber of the ~unicipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela and Hensley; City Manager Chris Hart~lg, Assistant City Manager King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. City Secretary Brooks Holt was present through item 1. At this time he adjourned with the Charter Revision Committee to take minutes of their meeting. Assistant City Manager King Cole proceeded to take the minutes for the City Council. ABSENT: Council Member Stewart. 1. The Council considered an appearance by the Citizens Charter Revision Committee. Mayor Pro Tem Stephens introduced members of the Committee, then request- ed comments from the Council. Hensley--I have confidence that the Committee will do an excellent job. Vela--(1) I would like for the Co~nittee to look at all of the Charter. (2) Change it if needed. We ca~ set pace in the Metroplex. Stephens--(1) The Committee could determine whether or not district system is ok. (2) Consider major items, and clean up Charter language if necessary. He suggested asking Board members and Department Heads for input, and that the Council have one or more members at meetings as liason persons. Mayor Nash thanked the Committee for accepting this responsibility. 2. The Council considered a request from the Industrial Committee of the Denton Chamber of Commerce. Ed Moorehead, Vice President and General Manager of Victor Equipment Company appeared on behalf of the Denton Chamber of Commerce as the Vice Chairman of the Chamber of Commerce Industrial Team. Mr. Moorehead made a statement mentioning that the City of Denton Housing Study was already somewhat obsolete due to the announcement by Texas Instruments that they are going to build a plant that will employ some 3,000 employees in Denton. Moorehead further stated that all indications are that we should expect to have a 34% increase of worker population in 1985 above the figure stated in the Housing Study. Moorehead s~med up his statement by stating that the updated information indicates that the situation is much more severe than originally thought. He asked if there was anything that the Chamber of Commerce could do to assist the Council in the implementation of the Housing Study. Council Member Vela asked Moorehead if he had any ideas on how we could attract housing to Denton costing less than $40,000. Moorehead stated that $40,000 housing could be built if we could convince major developers to come to Denton. He further pointed out that the Housing Study indicates that Denton has an image problem in that developers think that we are still a small college town. 3. The Council considered approving the Denton Housing Study. City Planner John Lavretta briefly reviewed the major recommendations of the Housing Study with the Council and then recommended that the Council consider holding an open house for area developers, providing them with infor- mation contained in the Housing Study, and trying to gain some interest in their developing residential tracts here in Denton. Mayor Nash stated that he felt that the City Staff, Council and Chamber of Commerce should get together first and develop some program before approaching the developers. Motion was made by Vela, seconded by Hensley to accept the recommendations and to accept the Study and for the City Council, the City Staff and the Chamber of Commerce to meet and jointly develop a program to implement the Housing Study. Motion carried unanimously. 163 May 22, 1979 Continued 4. The Council considered a contract with Schoell, Fields and Associates concerning the reconstruction of the Robertson Street underpass. Motion was made by Stephens, seconded by Vela to approve the contract and authorize the Mayor to sign. Motion carried unanimously. 5. The Council considered approval of the final application for the 1979-80 Community Development Block Grant. City Planner John Lavretta briefed the Council on the content on the proposed Community Development Block Grant which he had previously discussed with the Council. Motion was made by Stephens, seconded by Hensley to direct the Mayor to sign the 1979-80 Community Development Block Grant and submit the application and assurances. Motion carried unanimously. 6. The Council considered a street inventory report from Texas A & M. City Manager Chris Hartung explained to the Council that the street inventory report from Texas A & M, which had been previously approved by the Council, was now ready for the Council's approval. Hartung went on to explain that the City of Denton has over 200 miles of streets and that we know many of them are seriously in need of maintenance. However, Hartung explained that the difficulty was in identifying and putting a priority on those streets that require maintenance most. He explained that with the street inventory concept developed in this study the City would be able to identify andput a priority on those streets that needed maintenance, and he recommended that the Council approve the report from Texas A & M and direct the Staff to proceed with the study. Hartung also introduced Rich Kerbel of Texas A & M Center For Urban Programs, who had developed the report, and asked if the Council had any questions for Mr. Kerbel. Motion was made by Hensley, seconded byVela to accept the report and direct the Staff to proceed with the remainder of the study. Motion carried. 7. The Council considered releasing Claude Smith Excavating Company from contract obligations and direct the Staff to enter into agreements with contract- ors for construction in Kingston Trace and Royal Acres Additions. Public Works Director Rick Svehla explained to the Council that we had previously requested bids on oversize contracts on City streets in accordance with our Ordinance and that the bids had been awarded to Claude Smith. Svehla explained that Claude Smith had died after the award of the bids but prior to the execution of the contracts. S-¢ehla a~ked that the Council consider releasing Claude Smith's heirs from the contracts and to consider awarding the contracts at the previously accepted bid prices to new contractors. Motion was made by Vela, seconded by Stephens to accept the release from Mrs. Smith and to direct the Staff to negotiate new contracts. Motion carried unanimously. 8. The Council considered the establist~nent of an estimated schedule for completing various tasks related to the Hickory Creek Sewer Line and Lift Station plans and specifications. Bob Nelson, Utilities Director, explained that the Texas Department of Water Resources had reviewed our grant application for Step II funding on our Hickory Creek sewer line and had determined that we failed to indicate the n~nber of days required by the engineer to complete the design plans. Nelson explained that this required an amendment to the contract and that he had contact- ed Freese and Nichols, our Consulting Engineers, and they indicated that the design plans could be completed within 360 days. Motion was made by Stephens, seconded by Vela to accept Amendment #4 indicating 360 days for design planning and to submit the amendment to the Texas Department of Water Resources. Motion carried unanimously. May 22, 1979 Continued 9. The Council considered discussing proposed Quarterly Town Hall Meetings. Mayor Pro Tem Stephens explained that this item had been requested by Council Member Stewart, and since he was not in attendance at the Council Meeting this evening, motion was made by Stephens, seconded by Hensley that this item be tabled until such time as Stewart returns. Motion carried unanimously. 10. The Council considered appointing a representative from the Council to investigate procedures and policies for the sale and purchase of property. Motion was made by Vela, seconded by Hensley to appoint ~yor Pro Tem Stephens to investigate the policies and procedures in disposal of City property. Motion carried unanimously. Mayor Pro Tem Stephens stated that he had already begun this investi-- gation, and he went on and gave the Council a brief summary of his findings to date. He did ask that the Council clarify the charge to him. It was the concensus of the Council that Stephens was to check for Council authorization of the disposal of City property and to make recommendations for future policies. 11. The Council considered the City travel policy. Mayor Nash explained that this item was placed on the agenda to give an opportunity for citizen input on the City's existing travel policies. Mr. George Krieger, an industry executive, indicated that he felt the travel to the American Public Power Association Meeting should be limited to 1 member of the operating department, 1 member of the Utility Board and 1 member of the City Council, and that those 3 individuals should bring the information back and share with other members of their respective staffs. Mayor Pro Tem Stephens questioned the value of membership in the American Public Power Association. Motion was made by Stephens that we should send TMPA representatives only to the American Public Power Association Meeting. Council Member Vela stated that all Microbiologists at NTSU attend t}~ ~ Microbiologists Annual Conference. Council Member Hensley stated that the entire City Council and the entire con,unity was deeply concerned with Grimes County, and he believes that the whole Council should atter~. Dr. Richard Ganslen, a citizen in the audience, stated that he agrees with Mr. Krieger that only select individuals should be sent to the American Public Power Association Meeting. Mayor. Nash stated that he feels that every member of the Council needs to be educated in energy matters to make a decision within the next 2 years on whether or not Denton will enter into the construction of the next plant. Stephens' motion died at this time for lack of a second. Motion was made by Nash, seconded by Hensley to send all members of the Council and 2 members of the City Staff, with their wives to the American Public Power Association Meeting. Motion carried 3 to 1 with Mayor Pro Tem Stephens voting no. Stephens stated that he does not believe that spouses should go at public expense. 12. The Council considered establishing Budget Policy priorities for the 1979-80 fiscal year. City Manager Chris Hartung stated that in compliance with the Charter, this item had been placed on the agenda to give Council Members an opportunity of 120 days prior to the end of the fiscal year to give the City Manager direction on budget priorities. Mayor Pro Tem Stephens indicated that in his opinion priorities should be given to street improvements and in taking the necessary steps to stop our current turnover of personnel. 165 May 22, 1979 Continued Council Member Vela indicated that he was concerned at the chronic shortage of Police Patrolmen and their subsequent inability to stop vandalism in the City. He further stated that he would like to see some type of Police educa- tion program in Junior High ~and High School. Mayor Nash stated that priorities should be given to streets, and he further requested that we investigate the strength and quality of our existing garbage bags. 13. The Council considered the water supply and water meters for Andrew Corporation. Mayor Nash explained that he had asked that this item be placed on the agenda as a result of questions he had received from representatives of the Andrew Corporation. He explained that he had been told that plans had been approved by the City allowing the water meter to be placed adjacent to Andrew building, but now the Utility Department is telling them that they must place the water meter on the property line. Utility Director Bob Nelson explained that there was some confusion over the plans for the Andrew Corporation plant site and that it had presented, along with the new Denton Mall, some policy questions on placement of water meters that the City Council needed to address. He explained that the problem was that in the case of the Mall and Andrew Corporation both, they were putting in an 8 to 10" fire line and then they planned to come off of the fire line for water service to the building. He stated that if we stood by our policy of requiring the meter on the property line or on the easement, the companies would have to purchase an 8 or 10" meter to fit on the 10 or 8" water line. He further explained that the 8 or 10" meter was extremely expensive and most companies did not desire to place a meter of that size. After considerable discussion, motion was made by Vela, seconded by Hensley to approve the Andrew service as promised by previous agreement with a contract protecting the City from maintaining the water line located on Andrew property and to further indicate that this action is in variance from our present policy. Motion carried unanimously. 14. The Council recessed into Executive Session at 10:45 p.m. to discuss personnel matters. 15. The Council reconvened into Public Session at 11:30 p.m. to announce that no further action was to be taken. Meeting adjoFrned at 11:32 p.m. i'4AYOR ASSISTANT CITY MANAGER C~ty Council May 29, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, May 29, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela and Hensley; City Manager Chris F~rtung and City Secretary Brooks Holt. ABSENT: Member Stewart. 1. Mayor Nash suggested tabling the consideration of quarterly town hall meetings since Council Member Stewart was not present. ~4otion was made by Vela, seconded by Hensley to table the matter until Stewart can be present. Motion carried. 2. The Council considered final action on an ordinance regarding the annex- ation and zoning request of Mr. James Neblett, Z-1383. The following Ordinance was presented: ORDINANCE NO. 79~ 38 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO TH~ CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 19. 678 ACRES OF LAND LYING AND BEINC SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING IN THE MOREAU FORREST SURVEY, ABSTRACT NO. 417 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS LIGHT INDUSTRIAL "LI" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stephens and Nash "aye". Motion carried. 3. The Council considered the following Resolution increasing the property tax exemption for senior citizens: RESOLUTION WHEREAS, Article VIII, Secticm 1-b of the Texas Constitution provides that poli- tical 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), by Resolution dated June 7, 1977, the City Council approved an exemption of Four Thousand Five Hundred Dollars ($4,500.00), and by Resolution~r~ted October 4, 1977, the City Council approved an exemption of Six Thousand' Do~i~rs ($6,000.00); and WHEREAS, the City Council of the City of Denton desires to raise the exemption so as to reduce the taxes paid by the elderly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That pursuant to Article VIIi[, Section 1-b of the Texas Constitution, the exempt- ion for resident homesteads :is raised from Six Thousand Dollars ($6,000.00) to Eight Thousand Dollars ($8,000.00) 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 1979, and all subseo.uent levies. That this Resolution shall be effective immediately after its passage. PASSED AND APPROVED this the 29tti day of May, A. D. 1979. /s/ BILL NASH, MAYOR A~TEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS May 29, 1979 Continued APPROVED AS TO LEGAL FORM: /s/ PAUL C. ISHAM, CITY A~TORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 4. The Council considered approving the engagement of Alexander Grant and Company for financial auditing services for 1978-79 fiscal year. The City Manager stated that Alexander Grant has performed well for the past 3 years. Motion was made by Stephens, seconded by Hensley to engage the financial auditing services of Alexander Grant and Company for 1978-79 fiscal year. Motion carried. 5. The Council considered possible policy and ordinance changes for street paving requirements for new subdivisions. Rick Svehla stated that currently the staff only has two options for paving adjacent streets in subdivisions. Either the street must be paved or a maintenance bond must be ~iven. In certain instances, it would be of benefit to the City for payment to be requested rather than the construction of the street. In this type of arrangement, depending on inflation, the City may lose a small amount of money by accepting a payment and paving the street at a later date. Although there is no way to pinpoint actual cost in each instance, the Staff believes the amount of repair that would be required if the streets were paved instead of taking the payment would offset the amount of money that would possibly be lost to inflation. Motion was made by Stephens, seconded by Vela to approve taking a lump sum payment in lieu of paving or bonding, only in cases where it is to benefit the City. Motion carried. 6. The Council considered a report on Welch Street. Rick Svehla gave an update on Welch Street, stating that NTSU can now install the storm sewer. He mentioned that the City will have to maintain it until the paving is completed. Motion was made by Hensley, seconded by Vela to direct the staff to proceed and to endeavor to work out a contract with the University to participate in the cost of the paving. Motion carried. 7. The Council considered authorizing tb~e City Manager to execute a cont- ract with a firm to provide assistance to the staff on the classification program. The City Manager stated that we have a high turnover of personnel. We must attract and retain employees. He asked that Arthur Young and Company be hired to provide assistance so that a program will be ready by su~ner. He added that the document would provide salary adjustment recommendations. Vela asked if the cost would be $13,000 to $15,000. McKean--"Yes, and they are very competent. " Motion was made by Vela, seconded by Hensley to engage the services of Arthur Young and Company for completion of classification/compensation project. Motion carried. 8. The Council considered awarding bids for the construction of restrooms and park structures in City parks. Dick Huck, Director of Par~s and Recreation, advised that Miller Const- ruction Company was low bidder for concession/restroom structures at North Lakes, Mack Park (North), Mack Park (South) and Fred Moore Park. Huck advised that government matching funds should arrive in late June or early July. May 29, 1979 Continued The discussion turned to the tennis center completion. Several citizens spoke concerning no restrooms or water available at night. Mayor Nash suggested that Recreation Centers could be part of the tennis center with restroom and water facilities open. Motion was made by Vela, seconded by Hensley to award bid #8660 to Miller Construction at a low bid of $110,508.00 for concession/restroom structures in North Lakes Park, Mack Park (North), Mack Park (South) and Fred Moore Park. Motion carried. 9. The Council considere8 postponing June 19, 1979 Council Meeting. Motion was made by Vela, seconded by Hensley to postpone the meeting of June 19, 1979 since the Council will be out of the City. Motion carried. 10. The Council considered the following Resolution providing for limited car wash facilities in apartment complexes: RESOLUTION WHEREAS, the present zoning ordinance of the City of Denton does not provide for the installation of limited automatic car wash machines in apartment complexes; and WHEREAS, the Planning and Zoning Commission reco~nends that the ordinance be amended to permit the use; and WHEREAS, Basil Murphy has petitioned the Council to obtain permission to install limited car wash facilities at the Gazebo Apartments on South Carroll Boulevard; NOW, THEREFORE, BE IT RESOLVt!D BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That limited car wash facilities are hereby determined to be an accessory use in conjunction with multi-family dwelling units and shall be permitted when all City, County, State and Federal requirements are met. This includes, but is not limited to, provision of the zoning ordinance including setbacks for an accessory use and required parking for multi-family dwelling units; adopted city building, electrical, mechanical, and plubming codes; engineering standards for provision of appropriate permit for disposal of run off into the city's storm sewer system; and That, Basil Murphy is hereby authorized to install such facilities at the Gazebo Apartments on South Carroll Boulevard in the City of Denton, Texas. PASSED AND APPROVED this the 29th day of May, 1979. /s/ BILL NASH, MAYOR A~EST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR~: /s/ BURT R. SOLOMONS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye'. Motion carried. 11. The Council considered an Ordinance extending hours of operation for establishments serving alcoholic beverages. The following Ord~lance was presented: May 29, 1979 Continued ORDINANCE # 79- 39 AN ORDINANCE BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS ADOPTING THE PRO- VISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PRE}4ISE LATE HOURS LICENSES, PRIVATE CLUB LATE HOURS PERMITS, AND TO CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING FOR A LOCAL FEE AS AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Motion was made by Nash, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stephens "nay" and Nash "aye". Motion carried 3 to 1. 12. The Council recessed into Executive Session at 8:20 p.m. to discuss and consider board appointments, land acquisition, pending or proposed litigation and personnel. 13. The Council reconvened into Public Session at 10:10 p.m. Motion was made by Vela, seconded by Stephens that Mike Grandey be appointed to the Student Loan Commission replacing David Buck. Motion carried. Meeting adjourned at 10:15 p.m. M_AYOR ~ITY SECRETARY City Council June 5, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, June 5, 1979, at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: ~ayor Nash, Mayor Pro Tern Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Vela that the minutes of the Regular Meeting of May 15, 1979; the Special Called Meeting of May 18, 1979; the Special Called Meeting of May 22, 1979; and the Special Called Meeting of May 29, 1979 be approved. Motion carried. 2. The following safety awards were presented to the City of Denton by the National Safety Council, Texas Safety Association, and American Public Power Assoc- iation: City Manager Hartung received an award for the entire City for 34 lost time accidents while working 1,218,714 hours. Hartung also received an award for the City Administration for 1 lost time acci- dent while working 216,320 hours. Fire Chief Gentry received an award for the Fire Department for 0 lost time accidents while working 227,104 hours. Electrical Engineer Tullos received an award for the Utility Depart- ment for 1 lost time accident while working 157,664 hours. Tullos also received an award for Electric Distribution for 1 lost time accident while working 86,941 hours. Tullos also received an award fo~ Electric Production for 0 lost time accidents while working 71,173 hours. Joella Orr received an award for the Library for 0 lost time accidents while working 41,600 hours. Jerrell Strickland received an award for the City Machine Shop for not having a lost time accident for 9 years. 3. PUBLIC HEARINGS: (A) The Mayor opened the hearing on Z-1393, the petition of Mr. Tom Jester, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on eight acres located at the northwest corner of East McKinney and Mayhill. After hearing 2 speak in favor and 2 in opposition the Mayor closed the hearing. John Lavretta, City Planner, stated that 14 letters were mailed, with 2 returned in favor and 1 undecided. Lavretta stated that the Planning and Zoning Commission recommended approval unanimously and the Staff approved. Motion was made by Nash that the petition be approved. Motion died for lack of a second. (B) The Mayor opened the hearing on Z-1394, the petition of Mr. Billy Claytor, requesting a change in zoning from Agricultural (A) to Commercial (C) classification on one acre located on the south side of University Drive, 600' west of Loop 288. After hearing 1 speak in favor and none in opposition the M~yor closed the hearing. John Lavretta stated that 6 letters were mailed with 2 returned in favor and none in opposition, and that the Planning and Zoning Commission recomm- ended approval. He said, "there was some concern with entry to the .property, which was not an ideal situation." Motion was made by Vela, seconded by Stephens that the petition be approved. Motion carried. June 5, 1979 Continued ~ (C) The Mayor opened the public hearing on Z-1391, the petition of Ms. Elizabeth Garrett, requesting a change in zoning from Agricultural (A) to Single Family (SF-7) classification on 40 acres located adjacent and east of the Mozingo Addition. After hearing 1 speak in favor and 1 in opposition the hearing was closed. John Lavretta advised that the Planning and Zoning Commission reco~- ended approval, that the utilities are adequate and the subdivision will be help- ful to the community. Motion was made by Hensley, seconded by Vela that the petition be approved. Motion carried. (D) The Mayor opened the public hearing on Z~1388, the petition of Mr. Ralph Nations, requesting a change in zoning from Agricultural (A) to Two Family (2-F) classification on a .2 acres at 2722 East University Drive. After hearing 1 speak in favor and none in opposition, the hearing was closed. John Lavretta stated that a gravel road leads to the property and there is no sewerage. He said that letters received indicated none in favor and 1 in opposition. He advised that it would take a 4/5 vote from the Council for approval of the petition. Motion was made by Stewart, seconded by Stephens that the petition be approved. Motion carried unanimously. 4. The Council considered the request of Leslie Claire Lassberg for permission to sell ice cream bars, etc. on City streets. Motion was made by Stephens, seconded by Vela that the request of Leslie Claire Lassberg for permission to sell ice cream bars, etc. on City streets be approved. Motion carried. 5. The Council considered the request of the Denton Kiwanis Club concerning approval of their Fourth of July Fireworks show. Motion was made by Stephens, seconded by Stewart that the request of the Denton Kiwanis Club be approved. Motion carried. 6. The Council considered terminating the AgencyAgreement with Aerosmith Denton Corporation and taking legal action. Council Member Stewart read a lengthy statement asking for termination of the AgencyAgreement. Dr. Gene Wright of the Airport Advisory Board requested that the Agree- ment not be terminated. Following a discussion and statements by Bob Smith and Jim Horn of Aerosmith Denton Corporation, motion was made by Stewart, seconded by Vela that the City terminate the Agency Agreement with Aerosmith Denton Corporation effect- ive October 1, 1979. Motion carried 3 to 2. Following the motion Bob Smith stated that they were in daily and weekly contact with the City of Denton, adding that since the 1965 contract they had been mowing hay on excess property at the Airport. Honi--"We are trying to do a good job. We manage safety and daily operations of the Airport, but we have been harassed constantly." Stewart said that Horn did not want a cross wind runway because he owned property at the end of the present runway. Dr. Gene ~rright stated that "It would be good to have a manager, but I won't say that the Airport is not doing a good job. We depend~pon them and we must have a manager before cancelling the agreement. Vela--"I have the Fire Marshal's report regarding fire hazards. It is a 4 page report regarding fire safety deficiencies at the Airport. Nash--"Our agenda involves only agency agreements. Why can't this be settled?" June 5, 1979 Continued 7. The Council considered terminating the 1975 contract with Aerosmith Denton Corporation and taking legal action. Stewart stated that the inc~newas lower for the City in the 1975 cont- ract, that it was pushed through the Council. He asked "how did the 1975 contract get changed? Was it left out on purpose?" Assistant City Manager Cole said "if it was left out, it was an oversite by the Staff and the Council. I do not feel that it was intentional." Stewart claimed there was a conflict of interest and that the 1975 cont- ract must be terminated. Motion was made by Stewart to terminate the 1975 contract because of conflict of interest. Motion died for lack of a second. Vela--"We are not proceeding for the good of anyone." Motion was made by Vela, seconded by Stephens to table item 7 above and item 8, which is requesting a Grand Jury investigation of Aerosmith contracts and possible conflicts of interest. Motion carried. Bob Smith requested to be heard. He said that "We need to get this over with. Please do not put it off any longer. Now we must stop our building program. I want it to be made very plain that we are proud of what we are doing. You can take us to court if you like; we have a legitimate contract. We have been harassed since 1972 by Mr. Stewart." 8. This item was tabled as per above motion. 9. ORDINANCES: The following Ordinances were presented: (A) Ordinance #79-40 (Dick Harris) AN ORDINANCE A~NDING THE ZONING YAP 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 THREE TRACTS OF LAND CONTAIN- ING APPROXIMATELY 21. 261 ACPd~S, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLAR- ING AN EFFECTIVE DATE. Mayor Nash abstained because of engineering work. Motion was made by Vela, seconded by Henstey that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", and Stephens "aye". Motion carried with Nash abstaining. (B) Ordinance #79-41 (Robert Caldwell and Mrs. Rome Johnston) 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 Y~IP APPLIES TO CITY LOTS 5, 6 & 7, BLOCK 364, 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 Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. (C) Ordinance #79-42 (Kert Moore) 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 3, AND THE EASTERN ONE-HALF OF LOT 2, BLOCK NO. 378A, AS SHOWN THIS DATE ON THE OFFICIAL TAX OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 173 June 5, 1979 Continued (D) Ordinance #79-43 (James Neblett) 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 APPROXIMATELY 10.855 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried (E) Ordinance #79-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE ABANDONMENT AND SALE OF CERTAIN PROPERTY HERETOFORE PURCHASED FOR STREET RIGHT- OF-WAY PURPOSES ANY LONGER; AUTHORIZING THE SALF. OF SUCH PROPERTY TO THE HIGHEST BIDDER; AND DECLARING AN EMERGENCY. Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 10. RESOLUTIONS: (A) The following Resolution appointing Burt Solomons as Acting City Attorney 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 JUNE, A.D. 1979. RESOLUTION WHEREAS, it has become necessary for the City of Denton to appoint an Acting City Attorney for an interim period of time nntil a City Attorney can be appointed by the City Council of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTQN, TEXAS: SECTION I. That the City Council of the City of Denton hereby appoints Burt R. Solomons, Assistant City Attorney, as Acting City Attorney for the City of Denton with all the power to act for, and perform the duties of, the City Attorney of the City of Denton. SECTION II. That this Resolution shall be effective upon its passage and approval, and remain in full force and effect until the City Council has formally appointed a City Attorney for the City of Denton, unless revoked sooner by an act of the Council. PASSED AND APPROVED this the 5th day of June, A. D. 1979. /s/ BILL NASH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ASSISTANT CITY A%TORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. June 5, 1979 Continued (B) The following Resolution authorizing land purchases 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 STH DAY OF JUNE, A.D. 1979. RESOLUTION WHEREAS, it is a public necessity to obtain certain properties for water and sewer improvements in the City of Denton, Texas; and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of Two Thousand Sixty-Two Dollars and 55/100 $2,062.55), and the settlement of the lawsuit with Anita ~4artinez for Four Thousand Dollars ($4,000.00); NOW, THEREFORE, BE IT R~SOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Water and Sewer Bond Funds in the amount of Two Thousand SLxty-Two and 55/100 Dollars(S2,062.55) listed in Item One (1) of the Addendum; and That money be expended from the General Funds for settlement of the Anita ~artinez lawsuit in the amount of Four Thousand Dollars ($4,000.00). PASSED AND APPROVED this the 5th day of June, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATYOP~ CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1. WATER AND SEWER BOND FUNDS A. DENTON COUNTY CLERK FOR CONDEMNATION Metroplex Equities Sewer Easement $2,062.55 Motion was made by Stewart, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart :aye", Stephens "aye" and Nash "aye". Motion carried. 11. Charldean Newell appeared to voice support for North Lakes Tennis Center. Ms. Newell stated that tennis is played by all from 6 to 60 years of age. A pro should administer the city tennis programs. A need exists for lighting, restrooms, water and some type of seats for spectators. At present, after rains occur, mud has been washed over the playing surfaces. She urged that a pro shop be constructed as soon as possible. 12. The Council considered the reco~nendation of the Parks and Recreation Board concerning the awarding of bids for the Tenn,.5 Complex Building, Bid #8668. Dick Huck, Director of Parks and'~reation, briefed the Council, stating that it would take new funds to fund this project. Vela asked if funds generated, can the City recoup the capital cost? Hartung-"It is very unlikely." 175 June $, 1979 Continued Vela--"There is much support for the tennis center, so we must find funds." Chuck Keener said, "It is not fair to finish a tennis center without helping baseball and soccer for hundreds of children." Hartung asked Huck if the funds for the tL~nis center would be active until the end of the month. Huck--"When the time is up we can get an extension." Hartung requested that the Council table the matter until the meeting of June 26. Motion was made by Stewart, seconded by Hensley that the matter be tabled. Motion carried. 13. The Council considered revising sidewalk plans for sidewalks on Amherst from Hinkle to ~lone. Rick Svehla stated that "the Staff has polled all the affected land owners and they are in favor of moving the walk back to the curb line. By alter- ing the alignment somewhat this can be accomplished and interference from mail- boxes can be eliminated. This change in alignment will not substantially increase the cost of the project. It may add one or two square yards to the total amount of walk. Three area Amherst residents asked the City to put the walks against the curb, but that they did not want the sidewalks; there were not enough children in the area to use them." Motion was made by Stewart, seconded by Vela to look into the project for possible changes. Motion carried. 14. The Council considered the Planning Con~nission and Utility Board's recommendation for the Capital Improvement Program. John Lavretta delivered a report to the Council, stating "that the Planning Department conducted a very informal survey of the City departments and major organizations requesting input on the relative priority of the major classes of capital improvements. The survey results can be useful, but it should be kept in mind that it is not a complete sample of Denton citizens. The priorities suggested are: street improvements, drainage improvements, water and sewer improvements, electrical improvements, public buildings and park improvements." Motion was made by Vela, seconded by Stephens to accept the recommen- dations for the Capital Improvement Program. Motion carried. 15. The Council considered a minute order from the Planning and Zoning Commission concerning a zoning ordinance amendment which would permit professional office use by specific use permit in residential zoning districts. John Lavretta stated that the Planning and Zoning Commission gave a negative recommendation on a specific use permit for professional offices in dwelling districts. 16. The Council considered an agreement with Andrew Corporation relating to the location of water meters. Utilities Director Bob Nelson stated that the City Council at their meeting on Tuesday, May 22, 1979, recommended a change in City policy relating to location of service water meters. The new policy allows an industrial or commercial customer who has a fire line to their building to have the City tap the fire line next to the building and set a service meter at such location. The previous policy was that fire line would be totally separate from service lines and that service water meters would be located on city street right-of-way. Due to the policy change it will be necessary to enter into an agreement which will define the fire line and water meter maintenance responsibilities. The Utility Staff presented the agreement to the Utilities Board for their approval on May 31, 1979. The Utilities Staff recommends approval. Motion was made by Vela, seconded by Stewart to approve the agreement with Andrew Corporation. Motion carried. June 5, 1979 Continued 17. The Council considered awarding bids for the Mission Street water line. Motion was made by Vela, seconded byHensley that the bid be awarded to the low bidder, Turner Construction, at a bid of $45,535, as reviewed and reco~nended by the Utilities Board. Motion carried. 18. The Council considered adjustments of the tax rolls for uncollectible accounts. Motion was made by Vela, seconded by Nash to accept the Tax Adjustment Report for April, 1979 in the amount of $4,568.21 and the Supplement to the Tax Roll for April, 1979 in the amount of $3,226.66. Motion carried. 19. Motion was made byVela, seconded by Stewart that the following Consent Agenda be approved: Motion carried. The following 6 petitions were referred to the Planning and Zoning Commission for its recommenSations: (1) Z-1396, the petition of Mr. Carroll Goen, requesting a change in zoning from Single Family (SF-7) to ~lti Family Restricted (MF-R) classification on three acres located on the west side of Bell Avenue, beginning 300' north of Peach Street. (2) Z-1397, the petition of Mr. Barry Wachal, requesting a change in zoning from Agricultural CA) to Single Family (SF-7) classification on 30 acres located at the northeast corner of Westgate and Payne Drives. (3) Z-1398, the petition of Mr. Carroll Goen, requesting a change in zoning from Neighborhood Service INS) to General Retail (GR) classification on .3 acres located at the southeast corner of Eagle Drive and Kendolph. (4) Z-1400, the petition of Mr. Philip Kinslow, requesting a change in zoning from Office (O) to Neighborhood Service (NS) classification at 116 Ferguson. (5) Z-t401, the petition of Mr. Robert Welch, requesting ar~nexation and Single Family (SF-16) zoning classification on 47 acres located adjacent and south of the Forrestridge Addition and adjacent and west of the Montecito Addition. (6) Z-1402, the petition of Calusa Developments, Inc., requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification for garden apartment and zero lot line residential use on approximately 7 acres located on the south side of 1-35E approximately 650' east of State School Road. (B) BIDS: (1) Bid #8668, automotive oils, awarded as follows: Item one to Mobil Oil of Denton and items two and three to Caruthers Oil Company of Denton. (2) Bid #8664, Solid Waste containers and compactors, awarded as follows: Item one to Industrial Disposal Supply at $2,395.00 and item two to Duncan Equipment at $9,790.00. (C) PURCHASE ORDERS: (1) Purchase Order #39366 to General Electric approved in the amoLmt of $14,900. (2) Purchase Order #38393 to Dixie U.S.A., Inc. approved in the amount of $10,363.50. 20. The Council considered a report on the ~lberry Street noise problem. Assistant City Manager King Cole stated that noise had been created by clubs in the past, but owners had agreed to the following: Not to use outside speakers, hazardous driving could be a problem, but club owners said they would ask customers to cooperate, litter, the clubs nearness to neighborhoods, placing uniformed security men inside clubs and spot checking by Police. June S, 1979 Continued 21. The Council adjourned into Executive Session at 10:57 p.m. to discuss land acquisition, pending or proposed litigation, personnel and board appointments. 22. The Council reconvened into Public Session at 11:48 p.m. to announce that no action was to be taken. Meeting adjourned at 11:57 p.m. MAYOR C~TY SECRETARY 178 City Council June 13, 1979 Emergency Called Meeting of the City Council of the City of Denton, Texas, Wednesday, June 13, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley, City Manager Chris Hartung, Assistant City Manager King Cole, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. The Council received a report from Fire Marshal Robert Hagemann, who reported that Aerosmith Denton Corporation had corrected 18 of the 26 fire hazard infractions found at a previous inspection. He suggested that a disaster drill be held once a year at the airport. Vela stated that abandoned vehicles were in the grass north of the old Breen hangar. He also said that there were some storage problems near combustible materials. Hagemann stated that violations listed on the inspection report of April 4, 1979 have been corrected except the following: Location - South Hangar/Main Building (Parts Department) Improper wiring still exists in this area. Location - Fuel Storage Area There is still a lot of junk in high grass and weeds. This area must be cleared of the debris so that the weeds and grass will not be a fire:'threat. Location ~ Terminal Building The attic area of the building must be cleaned out. All covers on junction boxes' of electrical system must be installed. Location - North HangEr/Denton Flyers Improper wiring and other problems with electrical system present. Location - North T Hangars ..... Grass and weed§ in hangars must be cut to protect property from grass fires. An electrical extension ~ord being used for electrical power to North Texas Sprayer Company runs along the ground to North T Hangar--this must be discontinued. More warning signs are needed in the area of North Texas sprayer Company because of chemical storage° 2. After hearing the Fire Marshal's report the Council recessed into .Exocutive Session to discuss' .pending litigation zmd board appointments. 3. The Council reconvened into Public Session at 10:58 p.m. to announce that no 9fficial action was to be taken. Meeting adjourned at 11:00 p.m. 179 City Council June 26, 1979 Regular Meeting of the CiW Council of the City of Denton, Texas, Tuesday, June 26, 1979, at 7:00 p.m. in the Council Chamber of the Municipal Building. PP~SEN~: Mayor Nash, ~yor Pro Tem Stephens, Members Vela, Hensley and Stewart; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretaw Brooks Holt. 1. Motion was made by Stephens, seconded by Stewart that the minutes of the regular meeting of June 5, 1979 and the special called meeting of June 13, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1396, the petition of Mr. George Goen, requesting a change in zoning from Single Family (SF-7) to Multi-Fmnily Restricted (MF-R) classification on three acres located on the west side of Bell Avenue, 320'. north of Peach Street. The Mayor opened the hearing. After hearing 3 speak in favor and none in opposition, the hearing was closed. City Planner John Lavretta advised that 14 letters were mailed, with 1 returned in favor and 2 against, and that the Planning and Zoning Commission recommended approval. Motion was made by Stewart, seconded by Hensley that the petition be approved. Motion carried. (B) A public hearing was held on Z-1401, the petition of Mr. Robert Welch, requesting annexation and Single Family (SF-16) zoning classification on 47 acres located adjacent and south of Forrestridge Addition and west of the Montecito Addition. The Mayor opened the hearing. One spoke in favor and none in opposition. Mayor Pro Tem Stephens inquired about the possible flooding in the area. The developer answered that he and the City had worked out possible flooding problems. The Mayor closed the hearing. John Lavretta advised that this was a logical extension of a subdivi- sion. Motion was made by Hensley, seconded by Stewart that the petition be approved. Motion carried. (C) A public hearing was held on Z-1398, the petition of Mr. Carroll Goen, requesting a change in zoning from Neighborhood Service (NS) to General Retail (GR) classification on .3 acres located at the southeast corner of Eagle and Kendolph. The Mayor opened the hearing. After hearing 1 speak in favor and none in opposition, the Mayor.closed. thC hearing. Goen stated that a car wash would be constructed. John Lavretta stated that 15 letters were mailed with 3 returned in favor and 1 in opposition. Motion was made by Stephens, seconded by Vela that the petition be approved subject to approval by the Staff of building plans. Motion carried. J ~0 June 26, 1979 Continued (D) A public hearing was held on Z-1397, the petition of Mr. Barry Wachal, requesting two zoning changes on 30 acres located at the northeast corner of Westgate and Payne Drives. The petitioner seeks the following: (1) A change in zoning from Agricultural (A) to Single Family (SF-10) classification on the northern 9.15 acres of this tract. (2) A change in zoning from Agricultural (A) to Single Family (SF-7) on the remaining 20.85 acres. The Mayor opened the hearing. After hearing i speak in favor and none in opposition, the Mayor closed the hearing. John Lavretta advised that 6 letters were mailed, with 4 returned in opposition, and all of these property owners owned big tracts of land. He added that the utilities were adequate and indicated that the "SF-7" homes should be in the $40,000 to $45,000 class. Motion was made by Stewart, seconded by Vela that the petition be approved. Motion carried unanimously. (E) A public hearing was held on Z-1402, the petition of Calusa Development, Ind., requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification for duplex, zero lot line, and Single Family (SF-7) residential uses on 7 acres located on the south side of 1-35£, 650' east of State School Road. The Mayor abstained because of engineering work. Mayor Pro Tem Ste'phens took the chair and opened the public hearing. After hearing one speak in favor and none in opposition, the hearing was closed. John Lavretta advised that 2 letters were mailed with none returned. Motion was made by Hensley, seconded by Vela that the petition be approved. Motion carried with Nash abstaining. 3. The Council considered taking final action on Z-1393, the petition of Mr. Tom Jester, requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on 8 acres located at the northwest corner of East McKinney and Mayhill Road. Acting City Attorney Burt Solomons advised that the petition had not been denied, approved or tabled at the last meeting. Motion was made by Vela, seconded by Stewart to deny the petition. Discussion: Hensley--I think this should be approved. Vela--Could the size of the property zoned be less than requested? Jester--We need 486.9' Vela withdrew his motion above to deny the petition. Motion was then made by Stewart, seconded by Vela that the south portion containing 486.9' be approved. Motion carried. 4. The Council considered taking final action on Z-1384, the petition of Dr. Walter S. Miller, requesting a change in zoning from Single Family (SF-7) to Office (O) classification at 2280 West Oak. Dr. Miller presented his case. After his presentation he asked if Vela would abstain from voting because his Department Head at the University had indi- cated opposition. Vela replied, "If I have a conflict, I would tell you, you would not have to tell me." 181 Dr. Johansson stated, "I have a lot at stake in this. Both Dr. Miller and I are victims of circumstances." Mayor Pro Tem Stephens stated that perhaps historical zoning could be placed with an "O" zoning in this case. Motion was made by Vela, seconded by Stephens to deny the petition. Motion carried 3 to 2. 5. The Council considered the recommendation of the Parks and Recreation Board concerning the awarding of bids for the Tennis Complex Building, Bid #8668. The City Manager briefed the Council, stating that funds have been committed to projects that are now underway, that funding can be acquired only through certificates of obligation, however, the Council has indicated opposition to this. We have also found that a fund grant can't be funded at this time, but that another grant cycle has begun, so a grant request could be submitted in the October cycle. We do have a grant application for restrooms for the tennis center. The Council was in agreement that the projects in the 1975 bond program should be completed first. Motion was made by Nash, seconded by Stewart to not award Bid #8668 for the Tennis Complex Building. Motion carried. ' Mayor Nash asked for comments on the tennis center. Jim Nicholas stated that all ages play tennis. He pointed out that much improvement is needed in the tennis complex, adding that several hundred dollars have been contributed to the program by individuals. Job_n Narsutis stated that Waco has a fine tennis program, and that some fees and sales by the tennis pro went to the city for tennis complex improvements. City Manager Hartung advised that the City was not opposed to the center, but that the money was just not there. Hensley stated that Denton has provided excellent facilities thus far and will continue improvements. Stephens indicated that he was opposed to certificates of obligation unless it was an emergency. Nash--"You have heard the Manager say that $34,000 is just not there." 6. The Council considered reviewing the location of the sidewalk on Amherst and/or the deletion of this walk from the sidewalk contract. Betty Budlong, 1222 Amherst, representing the residents on the north side of Amherst from Hinkle to ~alone, presented a petition with 11 names request- ing deletions of the walks on the north side. Only 2 were in favor of sidewalks. Lee Knox, 1213 Amherst, located on the south side, advised that there were very few children on Amherst and that sidewalks were an unnecessary expend- iture of city funds. ~{otion was made by Vela, seconded by Stephens that Amherst be deleted from the sidewalk program. Motion carried. 7. ORDINANCES: The following Ordinances were presented: (A) Ordinance #79-45 (Ralph Nations) 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 APPROXIMATELY .2 ACRES OF LAND AT 2722 EAST UNIVERSITY DRIVE, AS SHOWN THIS DATE ON THE OFFICIJ~L 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 Stewart that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. June 26, 1979 Continued (B) Ordinance #79-46 (Billy Claytor) 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 t~tP APPLIES TO LOT 13.2, BLOCK 178-J, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTIC- ULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (C) Ordinance #79-47 (Elizabeth Garrett) 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 APPROXIMATELY 40. 227 ACRES IDENTIFIED AS LOTS 19 AND 20, BLOCK 178-F, 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 Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. 8. The following Resolution was presented approving amendments to the By-Laws of the Board of Directors of Flow Hospital: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF JUNE, A.D. 1979. RESOLUTION WHEREAS, the Denton County-City of Denton, Texas, Hospital Board has been hereto- fore established under the provisions of Article 4494i-1, V.A.T.C.S., and as the Agent of the City and County operates the Flow Memorial Hospital; and WHEREAS, the Board of Directors of Flow Memorial Hospital has proposed certain amendments to be made to their By-Laws; and WHEREAS, the Commissioners' Court of the County of Denton has approved these certain amendments to the By-Laws of the Board of Directors of Flow Memorial Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEX~$, THAT: The proposed amendments to the By-Laws of the Board of Directors of Flow Memorial Hospital, attached as Exhibit "A" and made a part of this Resolution, are hereby approved, ratified and confirmed. PASSED AND APPROVED this the 26th day of June, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Stewart that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 183 June 26, 1979 Continued 9. ~he Council considered site plan approval for a portion of Planned Development 12. Mayor Nash abstained from voting because of engineering work; Mayor Pro Tem Stephens took the chair. John Lavretta advised that the Planning Commissionunanimously reconm~- ended the City Council approve this revised site plan for a portion of PD-12, with the following conditions: (a) Ali proposed apartment sites shall observe the zoning ordinance standards for Multi-Family (MF-1) classification, with the except- ion that the "garden apartment" site in the southeast corner of the tract shall be limited in density to 25 units per acre. (b) Final site plan approval by the Planning Commission and City Council will be required for the three proposed apartment sites. (c) Plat approval shall constitute site plan approval for the proposed zero lot line, duplex, and Single Family (SF-7) sections of this planned development. Motion was made by Vela, seconded by Hensley that site plan be approved for a portion of Planned Development 12 with conditions. Motion carried with Nash abstaining. 10. The Council considered abandonment of all utility easements within the Golden Triangle Mall (Q-29) and considered acceptance of revised easements. Following a briefing by John La~-retta, motion was made by Vela, seconded by Stewart to abandon the existing easements at the Golden Triangle Mall addition and to accept the revised easements and easement agreement. Motion carried. 11. The Council considered a change in policy in the Community Development Grant Fund Demolition-Program. John Lavretta advised that HUD has informed the city that now we can fund demolitions of all dilapidated houses in the target area regardless of the ownership. The philosophy is that the real beneficiaries of the demolition of a dilapidated house are not necessarily the property owners, but the persons who live in the neighborhood. The persons who live in the target area are overwhelm- ingly low and moderate income, adding that the staff feels that we should fund all demolition in the target area with grant funds. We feel that this will speed the clean up of the east Denton area. We will have a total of approximately $30,000 in this years and next years program, therefore the funding level is adequate to expand the program. Motion was made by Vela, seconded by Hensley to approve expanding the program. Motion carried. 12. The Council considered awarding Bid #8662 for drainage improvements on FM 1515 near the Peterbilt plant. Rick Svehla stated that on the bid date of June 12 we received only 1 bid, and that was from Luke Turner Construction Company at $46,885.00. The only source of funds for this project is the Capital Improvements Bond Fund. Motion was made by Vela, seconded by Stephens to award the bid to Luke Turner Construction Company at a bid of $46,885.00. Motion carried. 13. The Council considered awarding bid #8670 for the construction of Windsor Drive between Stuart and Locust. Rick Svhela stated that on Thursday one bid was received, that being a joint venture between Jagoe-Public and Charles Cohen. The bid was for $379,494.50 The Staff had estimated the cost to be approximately $240,000.00, and then at a Council meeting we added some extra drainage at Stuart and Windsor which we estimate to be approximately $20,000 to $40,000. We would reco~end the following reductions to the contract: (a) Street width to be reduced from 60' to 45' (this would still allow four lanes of traffic). June 26, 1979 Continued (b) Eliminate 42" storm sewer line on the north side of Windsor from the charnel to approximately Bell Avenue. (c) Eliminate the sidewalk on the south side of Windsor Drive. "T~ese three reductions will amount to approximately $100,000.00, which will enable the project to be built at a cost that can be funded in the Capital Improvement Program," Svehla said. Motion was made by Hensley, seconded by Vela to approve construction of Windsor Drive with the following reductions to the contract: (a) Street width to be reduced from 60' to 45'. (b) Eliminate 42" sto~n sewer line on the north side of Windsor from the chalmel to appro×imately Bell Avenue. (c) Eliminate the sidewalk on the south side of Windsor Drive. Motion carried. 14. The Council considered entering into an agreement with North Texas State University to repave Welch Street. Svehla reported that they are still negotiating with the University on this agreement, and that he believes that the staffs have worked out an agreement that will be acceptable to both sides. The major points include: (a) The University laying the storm sewer laterals across Welch at their cost. (b) The University participating in the cost of repaving in the approximate amo~mt of $30,000. (c) This agreement will only be for repaving of Welch Street proper. (d) The City will accept maintenance for this street until the paving is complete. This maintenance will begin once the Council has approved the agreement. "We hope to bring a letter to the Council from the University agreeing to the above points at the July 3 meeting," Svehla said. Motion was made by Stewart, seconded by Hensley to make an agreement with NTSU that will be acceptable to both sides. Motion carried. 15. The Council considered a source of funding for the repairing of Welch Street and the Tennis Center improvements. No action was taken. 16. The Conncil considered acquiring additional property for drainage improvements on the south fork of Pecan Creek near Prairie Street. John Lavretta stated tlhat the Council should move to acquire a portion of Lot 106, Block 272; all of Lot 106.1, Block 272; and a portion of Lot 136, Block 272. Motion was made by Stewart, seconded by Stephens that acquiring of the recommended property be approved. Motion carried. 17. The Council considered acquiring additional easements for drainage improvements on the main channel of Pecan Creek near Sycamore Street. John Lavretta stated that the staff recommends that the City acquire the necessary easement. Motion was made by Stewart, seconded by Vela to direct the staff to acquire the necessary easements. Motion carried. June ~6, 1979 Continued 18. The Council considered fundin~ for airport runway and taxiwa~ overlay and authorizing the City Manager to start the search for an engineering firm. King Cole, Assistant City Manager, briefed the Council. He advised that F~A had notified the City that an allocation for overlay of the Denton Airport runway would be available. He advised that Carroll Finklea Consulting Engineers had estimated the cost of such a project would be $771,064. The local matching share for the City would be 20% of the total project cost which is $154,213. Cole stated that hiring an engineer would be the first criteria. Motion was made by Stephens, seconded by Hensley to table the matter. Motion carried 4 to 1. 19. The Council considered allowing ~ FM to broadcast the City Council meetings. Dr. Clay Kistler, News Manager of KNTU FM at NTSU, requested that the Council grant permission for the station to broadcast Council meetings. Motion was made by Stephens, seconded by Vela that KNTUFMbe granted permission to broadcast the City Council meetings. Motion carried. 20. The Council considered the recon~nendation of the Research and Economic Development Board to continue our membership in the North Texas Commission. The City Manager advised that membership in the North Texas Commission requires an annual pledge. Last year Denton paid $5,665.00 for a membership. The bill for another year is the same figure of $5,665.00. Motion was made by Stephens, seconded by Nash to approve payment for membership in the North Texas Commission at $5,665.00. Motion carried. 21. The Council considered awarding bid #8672 for the yearly supply of water treatment chemicals. The Purchasing Department recommended that this bid be awarded to the low bidder for each item as follows: Item one to Ameri-Gas, SEC Division, Fort Worth at $202.10 per ton cylinder of Chlorine; Item two, Sodium Hexametaphosphate to Stinnes Chemical at $.3615 per pound; Item three, Aluminum Sulphate, to Stauffer Chemical Company of Houston, Texas at $196.60 per ton; Item four, Quick Lime, to Texas Lime at $52.18 per ton, bulk; Item five, to Thompson-Hayward at $.1880 per pound and Item six, Sulferic Acid to Stauffer Chemical Company at $46.33 per ton. Motion was made by Vela, seconded by Hensley that the bid be awarded as recommended by the Purchasing Department. Motion carried. 22. The Council considered awarding bid #8667 for airport fencing. Assistant City Manager King Cole said that this bid, with other infor- mation was sent to F~A, Mr. Gene L. Faulkner, who reviewed and approved it. ~herefore, the staff recommends this bid be awarded to Sadler Farm Supply at $6,755.00. Motion was made by Stewart, seconded by Vela that the bid be awarded to Sadler Farm Supply at $6,755.00. Motion carried. 23. Motion was made by Stephens, seconded byStewart that the City Council meet with the County Commissioners Court at the Carroll Courts Building on July 2, 1979 at 12:00 noon. Motion carried. 24. Motion was made by Vela, seconded by Hensley that the following Consent Agenda be approved: Motion carried. REFERRALS: The following petitions were referred to the Plar~ning and Zoning Commission for its recommendations: (A) Z-1399, the petition of Henry S. Miller Company, requesting a change in zoning from Agricultural (A) to General Retail (GR) classification on 14.5 acres located on the south side of 1-35E at its intersection with Loop 288. 8~ June 26, 1979 Continued (B) Z-1403, the petition of Mr. Sorour Partovi, requesting a change in zoning from ~ulti-Family (~-2) to General Retail (GR) classification on .6 acres located on the southeast corner of Eagle and Avenue B. (C) Z-1404, the petition of Mr. Jesse Coffey, requesting the follow- ing: (1) A change ii1 zoning from Agricultural (A) to Multi-Family classification on 2.9 acres adjoining the west side of Sherman Drive, begirming 1100' north of Hercules Lane; (2) Annexation and Multi-Family (MF-1) classification on an adjoining 14.8 acres, beginning approximately 500' west of Sherman Drive. 25. The following Resolution calling for the inclusion of the City of Denton and/or Denton County ii1 the Governor's Odd-Even Gasoline Rationing Plan was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAIl) CITY ON THE 26TH HAY OF JUNE, 1979. RESOLUTION WHEREAS, the Governor has issued an Administrative Directive providing for Odd/ Even Gasoline Sales in several Texas Counties beginning JLme 25, 1979; and WHEREAS, the City of Denton has experienced the same long lines of automobiles attempting to obtain gasoline; and ~EREAS, the City Com~cil, upon consideration of the matter, has determined that in its opinion the provisions of the Governor's Administrative Directive concerning Odd/Even Gasoline Sales will be beneficial to Denton if enacted within the City's corporate limits, and that such Administrative Directive should be adopted for Denton; and WHEREAS, it appears that a request to be included within such Administrative Directive must be submitted on behalf of an entire co~ty; NOW, THEREFORE, BE IT RESOLVED BY ~E CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Section I. The City Council hereby determines that the corporate limits of the City of Denton, Denton County, Texas, should be included within the provisions of the Governor's Administrative Directive providing for Odd/Even Gasoline Sales beginning June 28, 1979, for portions of Texas. Section II. The City Manager or the Assistant City Manager is hereby authorized to advise The Co~nissioner's Court of Denton County and the Office of the Governor of the determination of the City Council as set out above, and to request that the City of Denton and Denton County be included within the provisions of the Governor's Administrative Directive. Section III. The Governor is hereby urged to include all portions of the City of Denton and/or Denton County, which are brought under the provisions of his Administrative Directive within the reallocation of gasoline available as a result of the State's emergency set aside. Section IV. The Comissioner's Court of Denton County, Texas, is hereby urged to consider the matter of requesting the Office of the Governor to include all portions of Denton County within the Governor's Administrative Directive. Section V. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this the 26th day of June, A. D. 1979. /si BILL NASH, MAYOR CITY OF DENTON, TEXAS 187 June 26, 1979 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Hensley, seconded by Stewart that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", gtephens "aye" and Nash "aye". Motion carried. 26. The Council recessed into Executive Session at 12:05 a.m., Wednesday, June 27, 1979 to discuss pending or proposed litigation, personnel, land acquisi- tion and consider board ~appointments. 27. The Council r~c~ed.~o Public Session at 12:30 a.m., Wednesday, June 27, 1979 to announ~~-~of~i.c~ial action was to be taken. Meeting adjourned at 12:35 a.m., Wednesday, June 27, 1979. MAYOR City Council June 28, 1979 Emergency Meeting of the City Council of the City of Denton, Texas, Thursday, June 28, 1979 at 6:00 p.m. in theCity Manager's Conference Room of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Stewart, Hensley and Vela. 1. The Council held an Executive Session to discuss board appointments. 2. The Council reconvened into Public Session to consider Board appointments. Motion was made by Hmlsley, seconded by Stephens that Jim Nash and Ed Coomes be appointed to the Public Utilities Board for 4 year terms to replace Tom Harpool and Stan Munson, and that George Krieger be appointed to a 1 year term to replace Keith Shelton. Motion carried with 3 voting for and Stewart and Vela voting against. Meeting adjourned at 9:00 p.m. ;,~ ~,.. ~-~ ~~/.~~~ MAYOR 189 City Council and County Commissioners Court July 2, 1979 Joint Meeting of the City of Denton City Council and the Denton County Commissioners Court, Monday, July 2, 1979 at 4:00 p.m. in the Commissioners Court Room of the Carroll Courts Building. PRESENT: Council: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. Commissioners: County Judge Crawford, Commissioners Sparks, Switzer and Odle. .~ .~ ~ 1. Disposition of City-County jbintiy funded projects was considered as follows: (A) Civil Defense Judge Crawford stated that he was required to plan the Civil Defense Program for the entire county. Mayor Nash and Judge Crawford agreed that there was a need for a Civil Defense person for the county. Motion was made by Hensley, seconded by Vela to approve continuing the sharing of costs for Civil Defense. Motion carried. Motion was made by Switzer, seconded by Odle to contribute the same funds as the City for Civil Defense. Motion carried. (B) County Medical Services Advisor Motion was made by Stephens, seconded by Stewart to continue cooperat- ion. Motion carried. Motion was made by Sparks, seconded by Switzer to continue cooperation. Motion carried. (C) Denton City-County Public Health Unit Judge Crawford advised that the Health Unit is expected to receive $50,000 from the State of Texas. There was some discussion as to participation from Lewisville and other county towns. Crawford stated that Lewisville has been giving $1,000 a year plus providing a building for a health clinic in Lewisville. Mayor Nash advised that the City of Denton has been picking up 1/2 of the cost and if other cities get services they should pay their fair share. Bud Jennings, head of the Health Unit, stated that 200 restaurants and swi~ing pools were inspected in Denton, that Denton citizens utilize the unit the most. Mayor Nash said that Denton will pay only if it could be justified. Jennings advised that in 1975 the City of Denton received 47% of the services of the Health Unit. Nash stated that per capita basis for payment is the fairest. Motion was made by Stewart, seconded by Vela to approve payment of proportionate share of cost based on population, considering Denton with 50% of the population this year. (C) Flow Memorial Hospital Mayor Nash--We need the Attorney General's official opinion before discussing Flow. County Auditor Bailey advised that the second Monday in September would be the last day to change the County budget. July 2, 1979 Continued Switzer stated that the City and County have set up other joint projects but that Flow is different. It was set up by a vote of Denton County people. He added that he was not voting for anything that isn't equal in financ- ing for the City and County. (D) City-County Library Judge Crawford said that we cannot make a decision relative to financ- ing at this time. He also said that he did appreciate the tone of the meeting~ MAYOR CITY SECRETARY 191 City Council July 3, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, July 3, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Hensley and Stewart; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Vela that the minutes of the regular meeting of June 26, 1979 be approved. Motion carried. 2. The Council considered an appearance by Alexander Grant Company relative to the annual Financial Statement. Mr. Buford Rhodes described the accounting methodology which may be used to eliminate the comments qualifying the Auditor's Report on the Annual Financial Statements. He explained that the appraisal values in excess of cost amounting to $1,736,750 would have to be removed from the records. He added that these actions would result in a reduction of the transfer to the General Fund by $104,000. ~ 3. The Council considered a Cooperation Agreement with Texas Indian Comm- L~ ission concerning Indian Mutual Self-Hell~ Home Ownership Program. Walt Bro~mer briefed the Council as he had at a previous meeting. City Planner John Lavretta advised that the Staff is recommending that we enter into the Cooperation Agreement. We have drafted an agreement that would limit the agreement as follows: (A) The program would be limited to existing houses in the core area. (B) No more than 2 units will be permitted on any complete city block. --~ (C) The houses must be rehabilitated to meet city codes. (D) No more than 20 units will be developed each year, and authority must be obtained from the Council to continue the program each year. Motion was made by Stewart, seconded by Vela to approve the Cooperation Agreement. Motion carried. The following Resolution was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, ~EXAS, HELD IN TH~ MUNICIPAL BUILDING OF SAID CITY ON TH~ 3RD DAY OF JULY, A.D. 1979. RESOLUTION WHEREAS, it is the policy of this locality to provide safe and decent housing in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amend- ed, the United States of America, acting through the Secretary of Housing and Urban Development (Herein called the "Government"), is authorized to provide financial assistance to public housing agencies for undertaking and carrying out preliminary planning of mutual help housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for mutual help housing to meet needs not being adquately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to m~y mutual help housing project unless the governing body of the locality involved has by resol- ution approved the application of the public housing agency for such preliminary loans; and WHEREAS, the Texas Inter-Tribal Indian Housing Agency is a public housing agency and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the development of Indian Mutual Help Housing; July 3, 1979 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AS FOLLOWS: 1. That there exists in the City of Denton a need for such Indian Mutual Help housing which is not being met by private enterprise; 2. That the application of the Texas Inter-Tribal Indian Housing Agency to the Government for a preliminary loan in an amount not to exceed $10,000.00 for surveys and planning in connection with Mutual Help housing project of not to exceed approximately 20 dwelling units is hereby recon~nended. PASSED AND APPROVED THIS the 3rd day of July, A. D. 1979. /s/ BILL N~H, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPS4: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 4. The Council considered a report by Mayor Pro Tem Stephens concerning the sale and purchase of City property. He distributed a packet of copies of quit claim deeds and other instru- ments for transfer of land, plus page from the official Council Minutes to show when the Council approved a land transfer. He recommended for future actions of land sales that bidding be done in accordance with law. He thanked Cheryl Dill of the City Secretary's Office for her hours of work in preparing the information from the official files. He also thanked Charles McKenna of Community Development. Nash--We will discuss this matter further in an executive session. 5. RESOLUTIONS: (A) The following Resolution authorizing the City Manager to submit a grant application to the United States Department of Energy for assistance in a Resource 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 JULY A.D. 1979. RE S O L UT I ON WHEREAS, certain citizens and organizations in the community, which include the League of Women Voters and the Citizens Landfill Site Selection Committee, support the development of a program for resource recovery in the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas has dete~nined that Resource Recovery may offer a long range solution to the solid waste problem in Denton; and WHgREAS, the City Council has determined that funds are available from the United States Department of Energy to finance a portion of the cost of conducting a feasibility analysis for a Resource Recovery Project; NOW THEREFORE, BE IT RESOLVED THAT TH~ CITY MANAGER OF TH~ CITY OF DENTON, TEXAS, 193 July ~, 1979 Continued ~s hereby authorized to submit an application to the United States Department of Energy for funding to conduct a feasibility analysis of Resource Recovery for the City of Denton. PASSED AND APPROVED THIS THE 3rd day of July, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Following a briefing by the City Manager, motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried Motion was then made by Stewart, seconded by Vela that item 5B, Consider a Resolution terminating the Airport Agency Agreement with Aerosmith Denton Corp- oration, Item 5C, Consider a Resolution notifying Aerosmith Denton Corporation of the intent to recapture the Airport Terminal Building, Item 6, Consider authorizing the City Manager to implement employment procedures for an Airport Manager, Item 7, Consider terminating the 1975 contract with Aerosmith Corporation and taking legal action and Item 8, Consider requesting a Grand Jury investigation of Aerosmith contracts and possible conflicts of interest be removed from tonight's agenda. Motion carried. 6. Removed from agenda as per above motion. 7. Removed from agenda as per above motion. 8. Removed from agenda as per above motion. 9. The Council considered Q-28, abandonment of the southern four feet of a 10' utility easement located at 911 Aileen. Motion was made by Vela, seconded by Stephens to approve abandonment of the southern four feet of a 10' utility easement located at 911 Aileen and that the City Attorney be instructed to prepare the appropriate document. Motion carried. 10. The Council considered a report by the City Attorney on the Subdivision process. Acting City Attorney Burr Solomons advised that final approval of plats by the Planning and Zoning Commission is not currently being brought to the City Council for review and approval. This procedure is inconsistent with Article 13.03 (c) of the subdivision regulations of the City of Denton and Article 974a, V.A.T.S. qqle amended statute states that: "If a city has a city planning commission, the governing body may, by ordinance, additionally require approval if said plan, plat or replat by the governing body." Article 15.05(5) of the Denton Code of Ordinances states that: "(c) The final plat, as approved by the planning and zoning commission, shall be presented by the director of planning to the City Council for review and approval before the plat is released for filing with the County Clerk." This procedural step is mandatory and no longer inconsistent with state law. Therefore, it is my opinion that the City Council must be presented with the approved final plat by the City Planning and Zoning Commission for it to be valid. 11. The Council considered approval of the Golden Triangle Mall Subdivision. Mr. Marty Mazani, Planning Manager of the Golden Triangle Mall, distri- buted maps of the subdivision. July 3, 1979 Continued John Lavretta stated that the Planning and Zoning Commission recommended the following: (A) That the Council quit claim the original easements and adopt the new easements and easement agreement. (B) The construction operation and reciprocal easement agreement together with the additional statement of the Mall Company be signed. (C) The Mall subdivision plat not be filed until the agreement of statement is completed, and that all the material be filed together. Motion Stephens, second Vela to approve with requirements. Motion carried. 12. The Council set the agenda for the July 10, 1979 Study Session. 13. Motion was made by Stewart, seconded by Vela 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-1405, the petition of Mr. Bob Smith, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification for approx- imately 18 acres located on the west side of Mockingbird Lane, adjacent and south of Audra. This PD is proposed for the development of detached, single family residential homes on lots approximately 6,000 square feet in size. (2) Z-1406, the petition of Dr. V. W. Redman, requesting three zoning changes on a tract 3.766 acres in size, located on the north side of Dallas Drive and beginning approximately 40' north of the intersection of Dallas Drive and Hopkins Drive. The petitioner requests the following: (a) A change from Agricultural (A) to Multi Family (~-l) classification on 1.37 acres which begins near the northeast corner of Dallas and Hopkins Drives. (b) A change in zoning from Agricultural (A) to General Retail (GR) classification on 1. 773 acres beginning approximately 40' north of the Dallas-Hopkins intersection. (c) A change in zoning from Light Industrial (LI) to General Retail (GR) classification on .623 acre which begins 230' north of the Dallas-Hopkins Drive intersection. (3) S-133, the petition of Ms. Kaye Conaway, requesting an mnend- merit to a specific use permit for a day nursery at 707 Carroll Boulevard. ~e petitioner seeks to increase the number of children permitted at the nursery by 16 This would increase the number of children authorized in the day nursery from 34 to 50. (4) Z-1407, the petition of Ms. Linda Lavender, requesting a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) classification at 609 West Oak Street. (B) BIDS & PURCHASE ORDERS: (1) Bid #8674, compactors and containers, removed from the agenda and rescheduled for a later date. (2) Purchase Order #39148 approved for payment to EMCO Manufactur- ing Company at a total amount of $8,868.74. 14. The Council considered final approval of land purchase at Bolivar and McKinney Streets for the future Central Fire Station. Motion was made by Stewart, seconded by Stephens to table this item. Motion carried. 15. The Council considered a contract with Shimek, Jacobs and Finklea for engineering services at Denton Municipal Airport. Motion was made by Vela, seconded by Stewart that the contract be approved. Motion carried. July 3, 1979 Continued ]95 16. Vela questioned representatives of Alexander Grant & Company as follows: (A) How much money would the City lose if we remove all transfers of funds to General Fund? (B) How much, if any, would taxes rise to offset this transfer? (C) How much would be earned from State and other government facilities? (D) How much would the rates be decreased if the transfers stopped? Mr. Buford Rhodes of Alexander Grant & Conrpany stated that they would use the September 30, 1978 figures for their answers to the questions. 17. The Conncil recessed into Executive Session at 8:30 p.m. to discuss land acquisition, pending litigation, personnel and board appointments. 18. The Council reconvened into Public Session at 9:00 p.m. to consider board appointments. ~ Motion was made by Stephens, seconded by Stewart to appoint David Fitch, .~.~ King and Raymond Pitts to the Board of Equalization, with David Fitch acting as Chai~an. Motion carried. Meeting adjourned at 9:20 p.m. ~tYOR City Council July 10, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, July 10, 1979, at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. ABSENT: Council Member Stewart 1. The Council considered participating in the Sister Cities Program. Linda Beird gave pros and cons of the program. The purpose is to improve relations with International students here and can improve global understanding. Denton can affiliate with a city in another country of like size and characteristics. Nash--We should join the program. The cost is $500. Motion was made by Stephens, seconded by Vela to proceed with joining the Sister Cities Program and to affiliate with a city in Jordan. Motion carried. 2. The Council considered a review of the "Truth in Taxation" and "Tax Relie~' leg is lat ion. The City Manager briefed the Council, stating that this is most important legislation relative to taxation, and that action relative to agricultural land is first to be considered. Bill McNary, Director of Finance, advised that the City may not adopt a tax rate that exceeds by more than 3% the rate calculated and publicizb-d-by the tax assessor until the City has given public notice of intent to hold a public hearing on the proposed increase. McNary said that the City has prepared a Resolution to delay implementation for one year on agricultural land. City ~4anager Hartung advised that the program requires county-wide appraisal for all taxing agencies in the county. "We might consider like functions with the school district." It was the consensus of the Council for the Manager to provide any additional information, since the Council is supportive of the Program. 3. The Council considered a Resolution delaying for one year the application of provisions under H.B. 1060, Article I prescribing appraisal of agricultural land. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~dNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF JULY, A.D. 1979. RESOLUTION WHEREAS, the Texas Legislature has passed H.B. 1060 which includes the comprehensive implementation of the 1978 "Tax Relief Amendment" approved by Texas voters in Novem- ber of 1978; and WHEREAS, the provisions of Article 1 of H.B. 1060 relating to the taxation of agri- culture land are automatically effective for the 1979 tax year unless the governing body takes affirmative action by July 15, 1979 to waive their applicability until the 1980 tax year; and WHEREAS, the City Council of tlhe City of Denton, Texas, after careful consideration of the matter has determined that the provisions of Article 1 of H.B. 1060 should be waived and postponed until 'the 1980 tax year as allowed by the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The provisions of Article 1 of H.B. 1060 relating to the taxation of agriculture land on the basis of its productivity rather than market value shall not apply to the 1979 tax year for the City of Denton, but rather be posponed until the 1980 tax year. July ;0~ 1979 Continued PASSED AND APPROVED this the 10th day of July, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLO~DNS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 4. The following Resolution in appreciation of Dr. Alan Woods, D.V.M. was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE NLrNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF JULY, A.D. 1979. THE STATE OF TEXAS ~ RESOLUTION IN APPRECIATION OF COUNTY OF DENTON ~ DR. ALAN WOODS, D.V.M. WHEREAS, Dr. Alan Woods, D.V.M. has served the City of Denton as the City's Milk Inspector for twenty-five (25) years from 1954 until 1979; and WHEREAS, Dr. Alan Woods has provided valuable help and assistance to the citizens of this community; and WHEREAS, the 30th day of June, 1979 was Dr. Alan Woods' last day of service with the City of Denton; and WHEREAS, the fellow employees of Dr. Alan Woods, the citizens of the City of Denton and the City Council all desire to present him with an appropriate token of their feelings and appreciation; NOW, THBREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: I, Bill Nash, Mayor of the City of Denton, Texas, do hereby order that this Resolution be made a part of the official minutes of the 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. ALAN WOODS, D.V.M.", as a token of our appreciation. PASSED AND APPROVED this the 10th day of July, A. D. 1979. /s/ BILL NASH, ~tYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLO~©NS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. July 10, 1979 Continued 5. The Council considered a review of the procedures for calculating penalty charges on late utility bills. Bill McNary, Finance Director, reviewed the penalty calculation and cut off procedures as follows: --Require payment oF gross amount 15 days after billing. --Difference between net and gross is 5% of previous month's bill. --A customer's service will be discontinued if any portion of a bill has not been paid within 45 days of billing. --A customer will be notified twice before having his service dis- continued. --A customer is notified how to appeal a disputed bill. --A customer with financial hardship has an established process for continuing service while paying past due charges. No official action was taken. 6. The Council considered a report on the status of the Central Fire Station and provide direction for the Staff. The City Manager requested comments from Architect Gerald Stone. There follows his comments: (A) Originally construction costs and fees were $527,000. (B) He reviewed building changes in the scope of the work. (1) 369 square feet of space for female fire persons. (2) 384 square feet of space for ambulances. (3) 476 square feet of space for training room. (4) 1,282 square feet of space for storage. (5) 512 square feet of space for administration facilities. The above amounts to 3,033 extra square feet since the original plans. Add $10,000 for an emergency generator, add $7,500 for gas storage and pumps, add $35,000 to change structural capabilities since land is laced with clay, and add the cost of demolishing the old City Hall Annex. "We have come up with a figure of $662,793 as the present cost estimate, plus demolition costs, fees and acquisition of land, with $43.66 a square foot cost, with a total new estimated cost of $770,~00." City Manager Hartung advised that there were two choices: (A) Further redesign to fit available dollars, or (B) Try to come up with funding of some type. It was the consensus of the Council to make a decision at the next meeting. 7. The Council reviewed and considered payment of a waterline participation agreement with Andrew Corporation. Bob Nelson, Director of Utilities, advised that the final length of the line was 2,920 feet. At a cost of $6.52 per foot, the total cost to the City is $19,050.88. Nelson added that the Public Utilities Board has recommended payment of the subject participation agreement. Motion was made by Stephens, seconded by Hensley to approve payment of the waterline participation agreement with Andrew Corporation. Motion carried. 8. The Council considered authorizing the Staff to advertise for proposals for a Dallas/Denton jointly sponsored Financial Feasibility Study for Aubrey Reservoir. The City Manager advised that Denton and Dallas have a long standing agree- ment to jointly participate, with Dallas paying 74% of costs and Denton 26% and that the purpose of the study is to investigate safe yield, estimated cost of water, cost comparisons with an East Texas reservoir. This will be a jointly financed study-- Dallas 74% and Denton 26%. (See motion under item 9.) 9. The Council considered awarding a contract for engineering services to Freese and Nichols for a comprehensive review and update of Denton's 1975 report on long range water supply. Motion was made by Vela, seconded by Hensley to approve both items 8 and 9. Motion carried. July 10, 1979 Continued 10. The Council considered establishing a policy on disposal of surplus property. Motion was made by Stephens, seconded by Hensley that the City Attorney be directed to prepare an appropriate ordinance relative to the sale of city-owned real or other property. Motion carried 3 to 1. 11. The Council considered a revision to the ordinance regarding approval of subdivision plats. The City Manager advised that it is the City Attorney's opinion that given the current ordinance, plats must be presented to the Council for final approval, unless the Council chooses to repeal that requirement. If the Council does this, state statute will give formal plat approval authority to the City's Planning and Zon- ing Commission. Motion was made by Stephens, seconded by Vela to repeal the ordinance which requires City Council action for subdivision plat approval. Motion carried. 12. The Council considered adopting a full service utility policy. The City Manager briefed the Council, stating, "As I mentioned to the Council in my last status report, the Utility Board at it's last meeting recommended that the City withhold water and sewer from customers not taking Denton electric service. This proposal has generated some concern among current customers of Texas Power & Light, and in my opinion, needs to be resolved. I am concerned that the type of policy proposed by the Utility Board is the kind of action that would be a violat- ion under the new interpretation of the Sherman Anti-Trust Act as a result of the City of Lafayette vs. Louisiana Power & Light, 435 U.S. 389 (1978), the recent U.S. Supreme Court case. I would point out that if found guilty of violating this act, the City could be liable for treble damages. Motion was made by Vela, seconded by Stephens to maintain our present practice. Motion carried. 13. The Council considered board appointments. Mayor Pro Tem Stephens presented the names of the following citizens named to Boards and Commissions: AIRPORT BOARD Gene Wright 1979-1981 Ed Moorehead 1979-1981 Lee Keith 1979-1981 Julie Marshall 1979-1980 BOARD OFADJUS%{ENT R. B. Escue, Jr. 1979-1981 Debbie Darley 1979-1981 L. T. Hensley 1979-1981 Bill Williamson 1979-1980 Clovis Morrisson (Alt.) 1979-1981 BOARD OF EQUALIZATION Raymond Pitts (Chairman) 1979 ~/ra Akins 1979 Marshall Everett 1979 BUILDING CODE BOARD Bob Miller ' 1979-1981 Gene Hupp 1979-1981 Joe Joiner (Alt) 1979-1981 CABLE TELEVISION ADVISORY BOARD G. L. Seligmann, Jr. 1979-1982 Jeanine Wilkins 1979-1982 CITIZENS TRAFFIC SAFETY SUPPORT COmmISSION Charles Keener 1979-1981 George Edward Terry 1979-1981 John Hughes 1979-1981 Robbie Robinson 1979-1981 July 10, 1979 Continued CO~4UNITY ETHNIC RElaTIONS BOARD Kenneth Waters 1979-1982 Lupe Pickett 1979-1982 John McCoy 1979-1982 DENTON HOUSING AUTHORI[Ff Mark Miller 1979-1981 Dorothy Dowling 1979-1981 C. H. Collins 1979-1981 ELECTRICAL CODE BOARD Dan Scott 1979-1981 Joe Bayer 1979-1981 Stanley Ritchie 1979-1980 Zeke Martin (Alt.) 1979-1981 George Olufsen (Alt.) 1979-1980 LIBRARY BOARD Pat Warde 1979-1981 Sam Marino 1979-1981 Kaye McCallon 1979-1981 Alice Travelle 1979-1981 Dick Stewart (City Council) 1979-1981 ex officio HU~qN SERVICES ADVISORY COFMITTEE Peggy Dollarhide 1979-1981 William Crouch 1979-1981 Joe W. Herod 1979-1980 Pam Brewster 1979-1981 Karen Connor 1979-1981 Bud Hensley (City Council) 1979-1981 ex officio PARKS AND RECREATION BOARD Mike Campbell 1979-1981 Ron Roberts 1979-1981 Jane Malone 1979-1981 PLANNING AND ZONING COB~4ISSION Robert LaForte 1979-1981 Frank Davila 1979-1981 Richard Taliaferro 1979-1981 Andy Sidor 1979-1981 PUBLIC UTILITIES BOARD Ed Morrison, Jr. 1979-1982 Motion was made by Stephens, seconded by Vela that the above board appoint- ments be approved. Motion carried. 14. The Council recessed into Executive Session at 9:32 p.m. to discuss pending litigation, land acquisition, personnel and board appointments. 15. The Council reconvened into Public Session at 11:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:22 p.m. 201 City Council July 13, 1979 Emergency Meeting of the City Council of the City of Denton, Texas, Friday, July 13, 1979 at 10:15 a.m. in the City Manager's Conference Room of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley. 1. The Council went into Executive Session to discuss board appointments. 2. The Council reconvened into Public-Session. Motion was made by Stewart, seconded by Stephens that the following named citizens be appointed to Boards and Commissions: Plumbing and Mechanical Code Board Bob Sullivan 1979-1981 Bob Widmer 1979-1981 Public Utility Board Roland Laney 1979-1981 Research and Economic Development Board Wilbur Dixon 1979-1982 Richard W. Brunson 1979-1982 Bernie Kay Brown 1979-1982 Library Board Lee Miller 1979-1981 Meeting adjourned at 12:20 p.m. MAYOR CITY SECRETARY 2O2 City Council July 13, 1979 Emergency Mccting or ~' ........... ~' ..... 13, 1979 at 6:30 p.m. in the Conference Room of the City Manager's Office of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Member Hensley; Assistant City Manager King Cole and A~ninistrat]ve Aide Bill Ange]o. ABSENT: Council Members Vela and Stewart. 1. The Council considered the following Ordinance delaying for one year the application of provisions under House Bill 1060, Article I., prescribing appraisal of agricultural land: ORDINANCE NO. 79-48 AN ORDINANCE OF T~ CITY OF DENTON, TEXAS, PROVIDING FOR THE PRbVISIONS OF ARTICLE I OF H.B. 1060 RELATING TO TAXATION OF AGRICULTURAL LAND AN~D PROVIDING AN EFFECTIVE Motion was made by Hensley, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. Meeting adjourned at 6:45 p.m. ~ MAYOR CI]~f SECRE~RY City Council July 17, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, July 17, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the regular meeting of July 3, 1979, the special called joint meeting with the County Commissioners Court of July 2, 1979, the special called meeting of July 10, 1979 and the emergency meeting of June 28, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1399, the petition of Henry S. Miller Company, requesting a change in zoning' from Agricultural (A) to General Retail (GR) on 14.5 acres located on the south side of 1-35E at its intersection with Loop 288. The Mayor opened the hearing. David W. Dunning of Henry S. Miller Company explained the plans. Richard Johnston, Southridge resident, stated that homeowners should expect integrity of their property. "We see no need for commercial zoning across from the big mall on the other side of 1-35E." No other person spoke, pro or con. The Mayor closed the public hearing. John Lavretta, City Planner, stated that letters were mailed, with 2 returned in favor and none in opposition, and that the Planning and Zoning Comm- ission reco~ended approval 4 to 2. He said that sewer service is available, and streets in the vicinity are adequate to develop this tract. The Planning and Con~nunity Development Departments did not support the zoning change as submitted. Discussion: Stewart--This area is not suitable for commercial; it needs much move- ment of earth. Stephens--We already have line of demarcation. This is not the best and highest use for this property. I am not opposed to progress, however. Vela--I like this property. I will work for it if they develop "SF~16". I will work with the Company for commercial zoning, but I will vote against this particular request. Nash--Wouldyou be willing to table this until "SF-16" zoning is work- ed out? Vela--I don't think so. If we table it, you will bring back additional information. I don't want to make a rash decision. Motion was made by Vela, seconded by Stewart to deny the petition. Motion carried 3 to 2. (B) A public hearing was held on Z-1404, the petition of Mr. Jesse Co£fey, concerning a 17.7 acre tract located on the west side of Sherman Drive, 1100' north of Hercules: Petitioner seeks a zoning change from Agricultural (A) to Multi Family ~-1) on 2.9 acres adjoining Sherman Drive; Petitioner seeks annexation and Multi Family 0V~-l) zoning on 14.8 acres adjoining the tract in (1) to the west. July 17, 1979 Continued The Mayor opened the hearing. George Hopkins, local attorney, spoke for Mr. Coffey, stating that since land involved is adjoining Loop 288, it is not suitable for single family usage. Two persons spoke for the homeowners, indicating opposition to the petition and presenting a petition with 240 names opposing it. The Mayor closed the hearing. John Lavretta, City Planner, stated that 4 letters were mailed, with 1 returned in favor and 1 in opposition, therefore, it will take a 4/5 vote of the Council to approve the request. Lavretta advised that utilities can be provided and the street is adequate. Motion was made by Stewart, seconded by Hensley to deny the petition. Motion carried. (C) A public hearing was held on Z-1403, the petition of Mr. Sorour Partovi, requesting a change in zoning from Multi Family (MF-2) to General Retail (GR) classification on .6 acre located on the southeast corner of Eagle and Avenue B. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the Mayor closed the hearing. John Lavretta, City Planner, advised that of the notices mailed, 4 were returned in favor and 3 in opposition, that the Planning and Zoning Comm- ission recommended denial, but no one spoke in opposition at the P & Z meeting. Motion was made by Hensley to approve the petition. Motion died for lack of a second. Motion was then made by Vela, seconded by Stewart to deny the petition. Motion carried 4 to 1. 3. The Council considered the request of Mike Workman relative to the City's financial support of the Greater Denton Arts Council. Mr. Workman stated that he had been named Executive Director of the Greater Denton Arts Council, but was fired in a short time without just cause. He advised that he had filed a case in court. He said, "If I win the case the cost will be paid by public tax money. The Arts Council needs to be investigated. I am asking the Council to do this." Acting City Attorney Burt Solomons advised the Council not to discuss the matter. Mayor Nash said that he supported the Arts Council 100%. 4. The Council considered an appearance by County Judge Jerry J. Crawford relative to County-wide animal control. Judge Crawford said he was appearing before the Council in behalf of the Humane Society, The Co~nissioners Court and the City-County Health Unit. He said that a fair fee to the City should be considered for this service if the City can help out. City Manager Hartung advised that there are legal liabilities involved in this. I need to check. Our present facility is inadequate, but we hope to have a new one under construction in a few months. We do recognize concerns in the County. Mayor Nash--We would like to work with the County. Vela--I understand that we have Denton citizei~s being treated for rabies in Denton. The Mayor requested that the Manager report to the Council at the next study session relative to this matter. Frances Darden of the Humane Society said that persons bringing in an animal suspected of rabies could sign a release to the City. 205 July 17, 1979 Continued 5. The Council deleted from consideration a presentation from the Denton Mall Company concerning t--~ity's participation in widening existing Loop 288 adjacent to the Golden Triangle Mall development. 6. The Council considered a report on the status of the Central Fire Station and providing direction for the Staff. City Manager Hartung stated that the architect's estimate shows the project is to be approximately $200,000 over the budget, ($527,000 vs. $729,000). Architect Gerald Stone presented figures with reductions, coming up with a figure of approximately $534,000 plus $6,000 for Plaster Hut acquisition and $6,000 for demolition. He also spoke of deleting the administrative area originally scheduled to be the top floor. The ~anager said that the administrative people could stay in the present building for at least a year. Nash--Could funds be switched from one bond issue to another? Hartung--No. People voted for a new fire station. Nash--Should we consider cost of Certificates of Obligation or Warrants? Hartung--Hopefully we can work out the f~nding problem. Motion was made by Vela, seconded by Hensley to proceed with construction and that the City Manager look for the best possible way to finance, but that other monies already allocated not be affected. Motion carried. 7. ORDINANCES: The following Ordinances were presented: (A) Ordinance #79-49 (George Goen) AN ORDINANCE AMENDING THE ZONING ~P OF THE CITY OF DENTON, TEXAS, AS SA~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT 8, BLOCK 394, 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 Nash that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) Ordinance #79-50 (Calusa Development, Inc.) IAN ORDINANCE AMENDING THE ZONING MAP OF TH~ 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 ~P APPLIES TO APPROXIMATELY 7 ACRES OF LAND IN CITY LOT 6, BLOCK 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~L~ OF THE CITY OF DENTON, TEXAS, AND MOP~E PARTICULARLY DESCRIBED THF~R~IN; AND DECLARING AN EFFECTIVE DATE. Mayor Nash said that he was abstaining because of engineering work. Motionwas made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye" and Stephens "aye". Motion carried with Nash abstaining. (C) Ordinance #79-51~il ~ - ~ ~ AN ORDINANCE OF TH~ CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING OF A PORTION OF TH~ UTILITY EAS~.MENT IN LOT 6, BLOCK E, GRANT ESTATES ADDITION TO ~ CITY AND COUNTY OF DENTON, TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 3uly 17, 1979 Continued (D) Ordinance #79-52 AN ORDINANCE OF THB CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CREATING A NEW SECTION 20-2 OF CHAPTER 20, ARTICLE I ENTITLED "SALE AND DISPOSAL OF SURPLUS REAL PROPERTY OF THB CIT~'; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tem Stephens stated that the Council should not act until verification and certification by the City Attorney and the City Secretary is given. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "nay", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried 4 to 1. Vela said, "it is difficult for me to vote on any Resolution or Ordinance where Mayor Nash indicates that he is abstaining." 8. RESOLUTIONS: (A) The following Resolution retaining Jack Gray of the firm of Gray, Whitten and Loveless to represent the City of Denton in the AVER MAE GARRETT vs. CITY OF DENTON lawsuit 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 THB 17TH DAY OF JULY, A.D. 1979. RESOLUTION WHBREAS, the City of Denton, Texas has been sued by AVBR MAE GARRETT and the City Attorney has advised the City Council that the legal department is neither staffed nor available to represent the City's interest in said litigation; and ~HEREAS, the City of Denton must adequately defend in said litigation by counsel experienced in such matters; and WHEREAS, the City Attorney has entered into a tentative agreement with Jack Gray of the firm of Gray, Whitten and Loveless to represent the City of Denton in the litigation matter listed below; and WHBREAS, the best interests of the City of Denton will be served by retaining the abovesaid counsel for the purpose of representing and defending the City therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. Jack Gray of the firm of Gray, Whitten and Loveless be retained as special trial counsel to represent the City of Denton and to take such action as he and the City Attorney may deem necessary to fully protect the interests of the City of Denton in the following named case: AVER ~4AE GARRETT VS. CITY OF DENTON, TEXAS, ET AL. 2. Ail reasonable attorney fees and expenses of said litigation be paid by the City of Denton, Texas. PASSED AND APPROVED THIS THE 17TH DAY OF JULY, A.D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TBXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DBNTON, TEXAS 297 July 17, 1979 Continued Motion was madeby Stephens, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) The following Resolution retaining S. G. Johndroe, Jr. of the firm of Cantey, Hanger, Gooch, Munn & Collins to represent the City of Denton in the Gary L. Matheson vs. Firemen's and Policemen's Civil Service Commission of The City of Denton, Texas, et al lawsuit was presented: AT A REGULAR MEETING OFT HE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ONTHE 17THDAY OF JULY, A.D. 1979. RESOLUTION WHEREAS, the City of Denton, Texas has been sued by GARY L. MATHESON and the City Attorney and City Manager have advised the City Council that the legal department is neither staffed nor physically available to represent the City's interest in said litigation; and WHEREAS, the City of Denton must adequately defend in said litigation by counsel experienced in such matters; and WHEREAS, the City Attorney and City ~anager have entered into a tentative agree- ment with S. G. Johndroe, Jr., of the finn of Cantey, Hanger, Gooch, Munn and Collins to represent the City of Denton in the litigation listed below; and WHEREAS, the best interest of the City of Denton will be served by retaining the abovesaid counsel for the purpose of representing and defending the City therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. S. G. Johndroe, Jr. of the finn of Cantey, Hanger, Gooch, Munn and Collins be retained as special trial counsel to represent the City of Denton and to take such action as he and the City Attorney may deem necessary to fully pro- tect the interests of the City of Denton in the following named case on appeal: GARY L. MATHESON VS. FIREMEN'SAND POLICEMEN'S CIVIL SERVICE CO~.~ISSION OF THE CITY OF DENTON, TEXAS, ET AL. 2. Ail reasonable attorney fees and expenses of said litigation on appeal be paid by the City of Denton, Texas. PASSED AND APPROVED this the 17th day of July, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Stephens that the Resolution 'be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (C) The Council considered a Resolution authorizing the purchase of property at Bolivar and McKinney for the Central Fire Station. Motion was made by Stewart, seconded by Vela to table the matter. Motion carried. July 17, 1979 Continued 9. The Council considered instituting annexation proceedings concerning the request of Mr. Robert Welch, Z-1401. The Council held a public hearing on zoning and annexation request by Mr. Welch on June 26, 1979. No action on this request could be taken following completion of the public hearing. Now the Council can institute formal annexation proceedings by instructing the City Attorney to publish the Ordinance, then the annexation and zoning Ordinance will be returned to the Council for final action in late August. Motion was made by Stephens, seconded by Hensley to instruct the City Attorney to institute annexation proceedings by publishing the armexation Ordin- ance. Motion carried. 10. ~he Council considered site plan approval for a portion of Planned Development 23 located on Carroll Boulevard. The Council discussed egress and ingress and size of the curb cuts. City Planner Jolm Lavretta stated that the Planning and Zoning Co~n- ission reco~nended approval of the submitted site plan with the following conditions: (A) Site plan approval is granted for the proposed development of a limited retail development. The building arrangement and size, drives, setbacks, and parking layout shall conform to the submitted site plan. (B) A pole sign, the combined panels of which do not exceed 80 square feet in size, may be erected for advertising purposes a minimum 20 feet from the front property line. Motion was made by Hensley, seconded by Nash to approve site plan of PD-23 with conditions as shown above. Motion carried. 11. The Council considered final revised plans for Windsor Drive construct- ion. The Mayor stated that he was abstaining because of engineering work. Mayor Pro Tem Stephens took the chair. City Engineer Rick Svehla stated that at the June 26 meeting, the Council approved a reduction in the scope of work on Windsor Drive. Later it was found that the developer was required to pay $20,000 toward the construction of drainage facilities. The Staff has re-evaluated the project and reco~nends reinstating approximately 450' of storm sewer. The reduction of this contract was $90,000, leaving a reduction of $70,000 by adding a contribution of $20,000 by the developer. The City's cost is estimated to be $290,000. Motion was made by Hensley, seconded by Vela to approve the revised recommended plan for Windsor Drive. Motion carried with Nash abstaining. 12. The Council set the Agenda for the July 24 Study Session. 13. CONSENT AGENDA: Motion was made by Vela, seconded by Stephens that the following Consent Agenda be approved. Motion carried. (A) REFERRALS The following four petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1408, the petition of Mr. Dale Cunningham, requesting annex- ation and Light Industrial (LI) zoning classification for 295 acres located on the north side of Highway 77, adjacent and east of Bonnie Brae Road. (2) Z-1409, the petition of the Municipal Police Department, request- ing a change in zoning from Multi Family (MF-1) to Light Industrial (LI) classi- fication on 2.5 acres located on the west side of Woodrow Lane, approximately .3 mile south of McKinney Street. This site is proposed for a City Animal Pound. July 17, 1979 Continued 209 (3) Z-1410, the petition of Mr. Robert Horn, requesting an amend- ment to a Planned Development (PD) zoning district located on the north side of the proposed Windsor Drive extension, west of Stuart. PD zoning, authorizing 100 apartment units on a five acre site which begins 405' west of Stuart, was approved in 1978. The petitioner seeks an amendment which would permit 116 apartment units. (4) Z-1411, the petition of Mr. Bob Smith, requesting a change in zoning from Agricultural (A) to Multi Family (Y~~l) classification of 6.5 acres beginning 600' north of University Drive and 600' north of University Drive and 600' west of the western edge of North University Place Addition. (B) BIDS/PURCHASE ORDERS: (1) Purchase order #38177 was approved to General Electric for turbine and valve parts in the amount of $13,976. (C) PLATS (1) Final subdivision plat of the M. K. Wilson Addition approved. (2) Final subdivision replat of the John Ready Addition approved. 14. The Council considered approval of County resident, Michael J. O'Keefe's request to connect to City's sewer line. Director of Utilities Bob Nelson stated that Mr. O'Keefe had paid pro- rata to connect to a 10" sewer line along Ryan Road. He paid a total of $1,558; which includes a 4" sewer tap. Motion was made by Stewart, seconded by Vela that the request of Mr. O'Keefe to connect to the City sewer line be approved. Motion carried. 15. The Council considered adopting a Council Policy with regard to open meetings and executive sessions. Vela voiced concern relative to information being given to The Enterprise of proceedings in executive sessions. He said, "I believe there should be no more closed meetings unless an ordinance is passed providing some type of punishment for anyone who reveals information discussed in executive sessions. Stewart stated that he was concerned along with Vela and that something is seriously wrong. He said, "Clouds of confusion can be built since the public is not present at these executive sessions. We have not done anything wrong." Motion was made by Vela that an ordinance be passed to do away with executive sessions. Motion died for lack of a second. 16. The Council recessed into executive session to discuss pending litigation, land acquisition, personnel and board appointments. 17. 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. ( FrY SECRETARY City Council July 24, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, July 24, 1979 at $:00 p.m. and a Special Called Joint Meeting of the City Council and the Public Utilities Board, Tuesday, July 24, 1979 at 7:50 p.m. in the Council Chamber of the b~unicipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Hensley and Stewart; City Manager Chris Harttmg, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. MEETING OF THE CITY COUNCIL: 1. The Council considered a presentation by First Southwest Company concern- ing municipal mortgage financing. Frank Medanich, First Southwest Company and Associates gave information relative to requirements for implementing the program and a schedule of events for the program. Representatives of Underwriter, First Southwest Company, Lomas and Nettleton Administrators, and Parkhurst and Horton Bond Counsel were present. Medanich advised that House Bill 1876 has been passed approving Mortgage Revenue Bonds for construction of low and moderate family dwellings. He added that local lending agencies would handle loans, and that the City of Denton would have no financial liability. Interest mortgage rates would be 8 1/4% to 8 1/2%. No strong opposition was voiced to the plan, but Stewart, Vela and Stephens and two citizens in the audience favored a public hearing on the matter. Motion was made by Nash that the plan be initiated and to proceed with the program. Motion died for lack of a second. Motion was then made by Stewart, seconded by Vela to hold a public hear- ing on the matter in the next two weeks. Motion carried. 2. The Council considered a discussion on the financing of the Central Fire Station. Frank Medanich, First Southwest Company, advised that the City could finance with certificates of obligation, but it needs to be determined if the City can go on a cash plan. The Council must give notice of intent, adopt an ordinance, advertise and set a date to receive bids. No official action was taken on the advice of Mr. Medanich. 3. The Council considered authorizing the City Manager to sign a letter of agreement with Alexander Grant and. Company relating to requested services. The agreement of services was to explore the procedures of transferring 6% of the utility system revenues to the General Government Operating Fund. Motion was made by Vela, seconded by Hensley to authorize the City Manager to sign a letter of agreement with Alexander Grant and Company. Motion carried. 4. The Council considered a report and recommendations from Alexander Grant and Company relative to-"the Data Processing study. · ~ -. ~-~ 7-. · .~ . Ass~stant.Clty;~lmTagp17 K~ng Cole ~ntroduced Glenn Parmer of Alexander Grant and Company. Copie~ o{ f. he-sZhdy were distributed to the Council and it was reviewed. Cole then presented Staff recon~nendations to discontinue some of the City's Data Processing Department and to contract for service with Xerox. Cole added that professional computer people have been difficult to obtain. He pointed out that several professionals have left. Cole gave a review of costs of a Xerox contract, stating that money could be saved. He advised that cost of in-house data processing work had increased 19% per year. Discussion: Vela--Questioned Mr. Panner relative to comparative costs of in-house operations and Xerox's costs. July 24, 1979 Continued 211 Hensley--If Xerox is not satisfactory, what would be the cost of install- ing our own system? Parmer--In excess of $100,000. Hensley--By going with Xerox, would problems like oursbe possible? Parmer--We project long use of the present system. Vela--Why can't we get qualified people? Hartung--If we can provide services better than does our system we should try an outside service. Nash--Would it be feasible to run our system another year? Vela--Mr. Parmer, you stated that an in-house operation cou.ld be more efficient and could save money. Parmer-~Yes, but you must have competent people. Stephens--There must be more management involvement. Motion was made by Stephens, seconded by Hensley to table the matter. Motion carried. 5. The Council considered the request of Denton County relative to County- wide animal control. Assistant City Manager Cole--We could take a very limited number of animals from unincorporated towns for euthanasia only. He added that it has been proposed that Denton institute a program. Persons bringing animals must identify themselves properly, be willing to sign a disclaimer that they would not sue the City and there must be a legal format to protect the City. We really do not have the facilities other than to provide euthanasia. A fee of $5.00 would be charged for this. Motion was made by Stewart, seconded by Vela to enter into an agreement with Denton County which includes requirements as advised by the Staff and to direct the City Attorney to prepare an appropriate ordinance. Motion carried. 6. The Council considered amending Ordinance 25-76 and 25-78 regarding water and sewer line pro rata changes along state and federal highways. Utilities Director Bob Nelson requested that the Council approve an amendment that will allow the City to legally collect 100% pro rata along state and federal highways. He added that the Utilities Board had recommended approval. The following Ordinance was presented: ORDINANCE NO. 79-53 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 25, SECTIONS 76 AND 78 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A NEW PRO-RATA CHARGE FOR WATER AND SEWER EXTENSIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Stewart that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 7. The following Ordinance was presented regarding continuation of taxation of automobiles: ORDINANCE NO. 79- 54 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CONTINUANCE OF AD VALOREM TAXATION ON ALL AUTOMOBILES THAT A FAMILY OR INDIVIDUAL OWNS AND DOES NOT HOlD OR USE FOR PRODUCTION OF INC@~E; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. July 24, 1979 Continued 8. The Council considered the following Resolution extending an invitation to Madaba, Jordan to participate ~in the International Sister Cities Program as the City of Denton's Sister City: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF JULY, A.D. 1979. RESOLUTION WHEREAS, the Sister City Concept was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the median of direct personal contact; and WH~RE~, all succeeding U. S. Presidents have endorsed said program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United States of America and the peoples of other nations; and WHEREAS, to implement this program Denton and other communities in the United States have been requested by Sister Cities International to affiliate with cities in other nations of similar characteristics and mutual interest; and WHEREAS, the City of Denton, Texas, through its council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Denton and Madaba, Jordan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. That this Council on behalf of the people of Denton, Texas does hereby extend an invitation to the government and the people of the City of Madaba, Jordan to participate with the City of Denton, Texas, as its Sister City for the purpose of creating greater mutual understanding between the peoples of our two great cities and nations. SECTION II. The Mayor is hereby authorized to act as official representative o£ Denton to carry out this program. SECTION III. That copies of this Resolution are to be sent to the Mayor and Council of the City of Madaba, Jordan, Sister Cities International in Washington, D. C., the Embassy of Jordan, and the U. S. Embassy in Jordan. PASSED AND APPROVED this the 24th day of July, A. D. 1979. /s/ BILL NASH, ~AYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPS: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. July 24, 1979 Continued 2]3 9. The Council considered the following Resolution authorizing the payment to Denton County for the City's share of the cost of Medical Services Coordinator: AT A SPECIAL M~.~.TING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF JULY, A.D. 1979. RESOLUTION WHEREAS, the City of Denton, Texas, and the County of Denton, Texas currently participate in the jointly approved Denton City/County Medical Services program; and WHEREAS, the City of Denton has budgeted funds for its one-half contribution to the said City/County Medical Services Program; and WHEREAS, the City of Denton has received a bill from the County of Denton for its one-half contribution of the total amount needed for the program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City Council of the City of Denton hereby authorizes the City Manager to pay a total of $5,297.68 to the County of Denton as its one-half share contribution to the City/County Medical Services Program. PASSED AND APPROVED this the 24th day of July, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS .ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Stewart that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 10. The Council considered the following Resolution authorizing the purchase of property at Bolivar and McKinney for the Central Fire Station: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~JNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF JULY, A.D. 1979. RESOLUTION ~HEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Irwin Zitzelberger, agree that a consideration of $6,000.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS /]JAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton July' 24, 1979 Continued 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 Wm. Neill Survey, Abstract No. 971, and also being part of a tract of land as conveyed from Glyrm L. Mitchell to Irwin Zitzelberger by deed dated April 21, 1976, and recorded in Volume 784, Page S18 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract, said point of beginning lying in the east right of way line of Bolivar Street and the south right of way line of McKinney Street and also being the southwest corner of a tract of land as conveyed from Ernest M. Porter, et ux to the City of Denton by deed dated January 3, 1975 and recorded in Volume 731, Page 137 of the Deed Records of Denton County, Texas; THENCE north 89° 58' 22" east al_ong the north boundary line of said tract a distance of 82.16 feet to a point for a corner same being the northeast corner of said tract; THENCE south 0° 31' 38" east along the east boundary line of said tract a distance of 21.0 feet to a point for a corner same being the southeast corner of said tract; THENCE south 890 58' 22" west along the south boundary line of said tract a distance of 82.16 feet to a point for a corner in the east right of way line of Bolivar Street said point also being the southwest corner of said tract; THENCE north 0° 01' 39" west along the west boundary line of said tract same being the east right of way line of Bolivar Street a distance of 21.0 feet to the place of beginning and containing 1725.36 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Irwin Zitzelberger, as owner of said described property, consideration in the amount of $6,000.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 24th day of July, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. 11. The Council considered extending the affected area for public hearing mailouts from 200' to 500' for' proposed zoning changes. City Planner John Lavretta suggested that the Planning and Zoning Comm- ission make reconanendations to the Council. He added that the cost would be considerable and the work load would increase. He advised that signs could be placed on property with infon~tation relative to zoning application and date of the Planning and Zoning meeting. Motion was made by Stephens, seconded by Stewart to postpone the matter until a sign method is studied. Motion carried. July 24, 1979 Continued 12. The Council considered the following Ordinance quit claiming the original easements dedicated for the Golden Triangle Mall Development: ORDINANCE NO. 79-55 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING ALL OF THE UTILITY EASEMENTS IN THE ORIGINAL PLAT OF THE GOLDEN TRIANGLE MALL OF BLOCK 1 OF THE GOLDEN TRIANGLE ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCIIqENTS TO BE P~.~ARED AND~D;Motion -- ~ ~ AND PROVIDING AN EFFECTIVE DATE. w~ade:"by.~ _~. rt]~conded by Hensley that the Ordinance be passed. On roll ~*alI 'VOte ~e]l'~%?~~ewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried' JOINTMEETING OF THE CITY COUNCIL ANDTHE PUBLIC UTILITIES BOARD: PRESENT: Ail the Council Utilities Board: Chairman George Krieger, Jim Nash, Ed Coomes, E. W. Morrison, Jr., and Roland Laney. Oath of Office was administered to all Board Members by the City Secretary. 1. The Council discussed the role of the Utilities Board, its relationship with the Council and other matters related to the Utilities system. Discussion: Acting Chairman Krieger--We are planning for good working relationships. We do desire direction from the Council. Stephens--Duties are outlined in the Charter. Utilities affect every citizen in Denton. We would like your ideas on billing. You might consider targeting an area for customers to read their own meters. Vela--Your job is extremely important. Attention should be directed to the fact that you were appointed by people who were elected by the people--all the people. Stewart--Please don't go on the job with fixed opinions. Also determine what is good and bad. Do what you think is best for our City. Hensley--I know you have accepted the job with an open mind. Search for the best for Denton. Mayor Nash--You will face long range water supply, maintenance of our local systemand gas and telephone rates. We will weigh and act upon all your recommenda- tions. We,~ however, will not be a rubber stamp. Morrision--Denton is facing a 60% growth within a much shorter time than projected. We face a tremendous challenge and we must face them together. Krieger--We need to study the 1977 report on Denton's Utility system. TMPA should provide the Board with copies of their agendas. Mayor Nash--Any Utilities Board Member is welcome to attend TMPA meetings. James Nash--Mr. Vela admonished us to represent all people. ~e last election was the result of one question--TMPA. I am askingMayor Nash to place TMPA on the next agenda in order to get as much information as possible. We also need to see the Gilbert Study. Laney--My feeling is that this Board is not political. Our job is to study and familiarize ourselves with utilities and to recon~nend to the Council. We should endeavor to get answers on TMPA for the citizens. Coomes--It is important that our Board help citizens understand where they are relative to large monetary con~nitment projects. We hope TMPA will hold night meetings so citizens can attend. July 24, 1979 Continued Morrison--If you think gasoline lines are difficult, remember we have to look ahead on utilities and secure ourselves power m~d water for an increased population. The Council concurred not to hold the scheduled executive session. Meeting adjourned at 10:15 p.m. I~YOR City Council July 30, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, July 30, 1979 at 12:00 noon in the Conference Room of the City Manager's Office in the ~unicipal Building. PRESENT: Mayor Pro Tem Stephens, ~{embers Vela, Hensley and Stewart; City Manager Chris Hartung, Assistant City Manager King Cole, City Attorney Burr Solomons and City Secretary Brooks Holt. ABSENT: Mayor Nash. 1. The Council considered the following Resolution providing for limited county-wide animal control: AT A SPECIAL ~TING OF TH~ CITY COUNCIL OF TH~ CITY OF DIe,tON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON TH~ SOTH DAY OF JULY, A.D. 1979. RESOLUTION ~fHEREAS, the City Council of the City of Denton has been asked by the County Co~nissioners of Denton County to provide assistance to the residents of Denton County in disposing of animals found within the said County; and WH~, the City Council believes it necessary to provide this assistance for the protection of the health, safety and welfare of all citizens of Denton County; NOW, THEREFORE, BE IT RESOLVID BY THE CITY COUNCIL OF TH~ CITY'OF DENTON, T~S, THAT: 1. The City Manager is hereby authorized and directed to initiate a program to provide assistance to all residents of Denton County requesting the disposal of animals found within the said County° 2. The City ND/lager is hereby authorized to adopt whatever regulations and procedures are found to be necessary in order to effectuate the said program and prevent liability on the part of the City. 3. The City ~4ar~ger is also hereby authorized to requii~ that a reason- able fee be paid to the City by any resident of Denton County requesting the disposal of any such animals. PASSED AND APPROVED this the 30th day of July, A. D. 1979. /s/ RAY STEPHENS, MAYOR PRO TEM CITY OF DENTON, T~YAS A/TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DSNTON, TEXAS APPROVED AS TO LEGAL FORM: BURT R. SOLOB{ONS, ACTING CITY ATTORNEY CITY OF DSNTON, TE~YAS Motion was .made by Stewart, seconded by hensley that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye" and Stephens "aye". Motion carried. Meeting adjourned at 12:20 p.m. /) ~~ ~iTY SECRETARY City Council August 7, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, August 7, 1979, at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Council Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. Mayor Pro Tern Stephens took the chair since Mayor Nash would be late. 1. The Council considered approving the minutes of the Regular Meeting of July 17, 1979, the Emergency Meeting of July 13, 1979, the Special Called Meeting of July 24, 1979 and the Special Called Meeting of July 30, 1979. Vela stated that in the minutes of July 17 the fourth paragraph on Minute Book 21, Page 206 should read, "It is difficult for me to vote in favor on any Resolution or Ordinance where Mayor Nash indicates that he is abstaining." Motion was made by Stewart, seconded by Vela that the minutes be approved as amended above. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held to consider the City of Denton partici- pation in a program of Municipal Mortgage Financing. The City Ymnager briefed the Council, advising that he and other Staff members had met with mortgage people and with the Home Builders Association. The public hearing was opened by Mayor Pro Tem Stephens. One spoke in favor and two in opposition to the program. Paul Love of Lomas and Nettleton and Mike Ashford of First Southwest Company answered questions relative to the program. The Public hearing was closed. Motion was made by Vela, seconded by Hensley to proceed with the creation of a non-profit organization. Motion carried. (B) A public hearing was held on Z-1410, the petition of Mr. Robert Horn, requesting an amendment to a Planned Development district located on the north side of proposed Windsor extension, west of Stuart, which permits 100 apartment units on five acres. Petitioner seeks an amendment to permit 116 units. Mayor Pro Tern Stephens opened the hearing. After hearing one speak in favor and one in opposition the hearing was closed. City Planner John Lavretta advised that two letters were mailed with one returned in favor and none in opposition. He added that the Planning and Zoning Commission unanimously recommended approval, and no one spoke against the petition at the Planning and Zoning Commission meeting. Motion was made by Hensley, seconded by Vela to approve the petition. Motion carried 3 to 1. (C) A public hearing was held on Z-1406, the petition of Dr. V. W. Redman, requesting three zoning changes on 3. 766 acres located near the Dallas/ Hopkins Drive intersection: (1) A change from Agricultural (A) to Multi Family 0~F-1) on 1.37 acres located near the northeast corner of Dallas and Hopkins Dr ive; (2) A change from Agricultural (A) to General Retail (GR) on 1.773 acres beginning 40' north of the Dallas/Hopkins Drive intersect- ion August 7, 1979 Continued 219 (5) A change from Light Industrial (LI) to General Retail (GR) on .625 acre which begins 230 feet north of the Dallas/Hopkins intersection. The public hearing was opened. After hearing one speak in favor and one in opposition the hearing was closed. City Planner John Lavretta advised that this land is located in an area of mixed land use. Property north and northwest is light industrial. He added that the Planning and Zoning Commission considered this a reasonable zoning request and recom,~ended the City Council approve the petition. The Planning and Zoning Con,nission approved it by a vote of 5 to 1. The property will need a road from Dallas Drive. Motion was made by Stewart, seconded by Hensley to approve the petition and that the Staff work with Dr. Redman to bring in a road. Motion carried. (D) A public hearing was held on Z-1405, the petition of Mr. Bob Smith, requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification on 18 acres located at the southwest intersection of Mocking- bird and Audra. This PD is proposed for single family homes on lots 6,000 square feet in size. The Mayor opened the public hearing. After hearing one speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that 18 letters were mailed with 4 returned in favor and none in oppositino. The property is in an area predominately undeveloped. Petitioner desires to build subdivision with lots approximately 6,000 square feet in size. Public facilities are somewhat inadequate. The Planning and Zoning Commission recommended approval. Stewart--I am concerned with placing more people in less space. Motion was made by Hensley, seconded by Vela to approve the petition with the following conditions as recommended by the Planning and Zoning Commission: (1) The proposal for detached, single family homes on lots totaling a minimtm 6,000 square feet in size shall observe minimum set- backs required in the SF-7 zoning classification. (2) Plat approval shall constitute site plan approval for this single family area. Motion carried. (E) A public hearing was held on Z-1408, the petition of Mr. Dale Cunningham, requesting annexation and Light Industrial (LI) zoning from 295 acres located on the north side of Highway 77, adjacent and east of Bonnie Brae. The Mayor opened the hearing. After hearing one speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that the land will be used for a building to house Texas Instruments. The Planning and Zoning Co~,nission recomm- ended approval of the property for Light Industrial (LI). At the Planning and Zoning Commission Meeting, TI advised they had no intention of development over the loop corridor. City Manager Hartung advised that appraisal of the loop is now faking place. Right-of-way is shown on our maps and plats. Motion was made by Hensley, seconded by Stewart to approve the petition. Motion carried. August 7, 1979 Continued (F) A public hearing was held on S-133, the request of ~[s. Kaye Conaway, requesting an amendment to the specific use permit which authorizes a day nursery for 34 children at 707 Carroll Boulevard. Petitioner seeks an amendment to permit 50 children. The Mayor opened the hearing. After hearing three speak in favor and none in opposition the hearing was closed. City Planner John I,avretta advised that 30 letters were mailed with 5 returned in favor and 1 undecided. He added that the Planning and Zoning ission unanimously recomnended the City Council approve th~ request. Motion was made by Stephens, seconded by Stewart that the request be approved. Motion carried. (G) A public hearing was held on Z-1407, the petition of Ms. Linda Lavender, requesting a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) at 609 West Oak Street. The Mayor opened the hearing. After hearing one speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that 23 letters were mailed with 4 returned in favor and 2 in opposition. Motion was made by Stewart, seconded by Hensley that the petition be approved. Motion carried. (H) A public hearing was held on Z-1409, the petition of the Municipal Police Department, requesting a change in zoning from Multi-Family (MF-1) to Light Industrial (LI) classification on 2.5 acres located on the west side of Woodrow, . 3 miles south of McKinney. The Mayor opened the hearing. Assistant City Manager King Cole briefed the Council, pointing out that the tract is being proposed by the City Police Department for an animal shelter. From a public facility perspective--water, sewer, and streets--this site is adequate to accommodate the proposed development. The site is also quite adequate from a public service perspective given its location. He advised that the National Humane Society approve facility plans. After hearing three speak in favor of the petition, including Deborah Shelton of the Denton County Humane Society and 2 speak in opposition the hearing was closed. Motion was made by Stewart, seconded by Hensley that the petition be approved. Motion carried. 3. The Council considered a recommendation from the Library Board relative to the construction of the Library additions. Ms. Pat Warde, representing the Library Board, requested that the Council approve preliminary site plan and authorize the architect to proceed. Motion was made by Vela.~ seconded by Stephens to approve the request of the Library Board. Motion carried. 4. Gene Wright of the Airport Advisory Board presented a written report from the Board relative to Airport Management. Motion was made by Stewart, seconded by Vela to receive the report. Motion carried. August ?, 1979 Continued ~1 5. The Council considered directing the City Manager to develop a plan for assuning the management of Denton Municipal Airport. Motion was made by Stewart, seconded by Vela to direct the City Manager to develop a plan for asstuning management of the Denton Municipal Airport. Motion carried. 6. The Council received and considered a request from Jess Coffey regarding water and sewer service on North Sherman Drive. Vela expressed concern because the matter of zoning of this property was on the agenda two weeks ago. Motion was made by Vela, seconded by Stewart to table the matter of water and sewer service to Mr. Coffey's property on North Sherman Drive. Motion carried. Mr. Jesse Coffey then presented his case for zoning as stipulated in the following emergency addendun to the agenda: Review the decision in the annexation and zoning request of Mr. Jesse Coffey and consider further action. Mr. Coffey requested: (1) A change in zoning on a 2.9 acre tract from Agricultural (A) to Multi-Family IMF-l) classification. This tract adjoins the west side of Sherman Drive, beginning roughly 1100 feet north of Hercules Lane. (2) Annexation of a 14.8 acre tract and zoning classification as Multi-Family (MF-1). This tract begins approximately 500 feet west of Sherman Drive and is approximately 1100 feet north of Hercules Lane. A large contingent of northeast Denton residents were present to oppose the zoning. A petitien containing 520 names was also presented opposing the zoning. Dr. Floyd McDaniel of 2315 Royal Lane was spokesman. He indicated 'concern relative to the method by which the matter was included on the agenda. Mayor Nash advised it was his prerogative to place items on the agenda to determine if the Council would consider it, as reconmended by the Staff. Vela--I admire the diligence of the opponents. Coffey said it was not right to deny him everything, that he had been trying for change of zoning since April of 1978. Coffey also said there has to be new ~nctlti-family developments to handle the expected increase of population other than single-family. J. B. Spalding, northeast Denton resident, said that they were not against development, but type of development. Dr. Daniel--We are concerned about our neighborhood. We are against extension of utilities to Mr. Coffey's property outside the City limits. Stewart--I would like for all property inside the north loop to be annexed. Motion was made by Stephens, seconded by Vela not to take this matter up again. Motion carried 3 to 2. 7. ORDINANCES: The following Ordinances were presented: (A) Ordinance #79-56 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAi~R 10~, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE III, SECTION 10½-5; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Vela that the Ordinmnce be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. August 7, 1979 Continued (B) Ordinance #79-57 (Carroll Goen) 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 APPROXIMATELY 3.108 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THF2REIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion c~rried. 8. RESOLUTIONS: (A) The following Resolution amending Sections 1 and 3(e) of a Resolution passed and approved March 6, 1979 authorizing the Series A Bonds of the North Texas Higher Education Authority, Inc. in the principal sum of $10,000 was pre sent e d: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CI~f ON THE 7TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, by Resolution duly passed on the 6th day of March, 1979, the City Council of the City of Denton, Texas, approved certain actions taken by the Board of Directors of the North Texas Higher Education Authority, Ind. including the authorization of the Series A bonds of said Corporation in the principal amount of $20,000,000; and WHEREAS, the Board of Directors of the North Texas Higher Education Authority, Inc. has since determined that the amount of bonds to be issued should be $10,000,000 and such amount will be sufficient to provide the funds that will be needed for at least one year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That except as amended hereby, the Resolution passed by the City Council on the 6th day of March, 1979, is approved and ratified in all respects. SECTION III. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 7th day of August, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS A~TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Stewart that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" amd Nash "aye". Motion carried. August 7, 1979 Continued 223 (B) The following Resolution terminating the Agency Agreement with Aerosmith Denton Corporation was presented: AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, the City of Denton, Texas and Aerosmith Denton Corporation are parties to an agency agreement dated December 8, 1965, whereby the City appointed Aerosmith as the true and lawful agent for the City of Denton; and WHEREAS, by the terms of this agency agreement, the City of Denton may, by a Resolution of the Denton City Council, revoke this agency agreement at any time without notice to Aerosmith Denton Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: The agency agreement dated December 8, 1965, and between the parties thereto is hereby revoked and terminated according to the terms of the said agency agreement, and revocation and termination to be effective at 12:00 midnight on the 31st day of December, 1979. PASSED AND APPROVED this the 7th day of August, A. D. 1979. /si BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF D~.NTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "nar'. Motion carried 3 to 1. (C) The following Resolution authorizing settlement of the Harper et al lawsuit 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 AUGUST, A.D. 1979. RESOLUTION WHEREAS, negotiations have taken place and agreements .reached for the settlement of the lawsuit styled, HARPER, ET AL VS. CITY OF DENTON in the amount of $2,500.00; and WHEREAS, the City Council of the City of Denton after careful consideration of the matter finds that the HARPER lawsuit should be settled according to these negotia- tions and agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNDIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Manager is hereby authorized and directed to expend money from the General Funds in the amount of $2,500.00 for settlement of the HARPER, ET AL VS. CITY OF DENTON lawsuit. PASSED AND APPROVED this the 7th day of August, A. D., 1979. August 7, 1979 Continued /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Stephens that the Resolution be passed. On roll call vote Stewart "na)~', Vela "aye", Stephens "aye" and Nash "aye". Motion carried (D) The following Resolution authorizing the acquisition of property located on Woodrow Lane for an animal shelter was presented: AT A REGULAR MEETING OF THE CI]Pf COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF AUGUST, 1979. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Robert Hare, agree that a consideration of $11,000.00 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: 1. The City Attorney is hereby authorized to prepare whatever legal docu~nents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton. Ail that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being a portion of Lot 2 of the Adkisson Addition, Recorded in Volume 7, Page 22, Plat Records of said Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at the southeast corner of said Lot 2, and on the west line of Woodrow Lane, also being the northeast corner of Lot 3 of said Adkisson Addition; THENCE north 62 degrees 38 minutes 16 seconds west with the south line of said Lot 2,740.86 feet to a steel p~kn at the southwest corner of said Lot 2; THENCE south 89 degrees 18 minutes east 662.08 feet to a steel pin on the west line of said Woodrow Lane; THENCE south 0 degrees 42 minutes west with west line of said Woodrow Lane and with the east line of said Lot 2,332.45 feet to the place of beginning and contain- ing approximately 2.526 acres of land, more or less. 2. The City of Denton is hereby further authorized to pay Robert Hare as owner of said described property, consideration in the amount of $11,000.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED THIS the 7th day of August, 1979. August 7, 1979 Continued 225 /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATFE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS _ APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Stephens that the Resolution be passed. On roll call vote Stewart "na)~', Vela "aye", Stephens "aye" and Nash "aye". Motion carried 3 to 1. 9. The Council considered a preliminary site plan for the animal shelter and authorize the architect to proceed with plans and specifications. Motion was made by Vela, seconded by Stephens to authorize the architect to proceed with plans and specifications for the new animal shelter. Motion carried. ~ 10. The Council considered site plan approval for a portion of Planned Development 24. Motion was made by Stephens, seconded by Vela to approve site plan for a portion of Planned Development 24. Motion carried. 11. The Council considered site plan approval for a portion of Planned Development 2. Motion was made by Vela, seconded by Stewart to approve site plan for a portion of Planned Development 2 with the following conditions: (A) A building setback of ten feet (10 feet) shall be observed from the western property line. (B) The trees shall be planted as indicated by the modified site plan. The area indicated as green space will be planted with grass. Also, a low hedge shall be planted immediately in front of the parking area on the east side of the property and at the end of the parking lot on the west side of the property. Motion carried. 12. The Council considered deannexation request of Mr. Richard Brodie regarding 25 acres located along Highway 377, in southwest Denton County. Motion was made by Vela, seconded by Stephens to approve deannexation and to direct the City Attorney to prepare an appropriate ordinance. Motion carried. 13. The Council considered disposition of excess City property located at the southeast corner of Oak and Avenue E. Motion was made by Stewart, seconded by Stephens to dispose of the above excess property. Motion was then made by Vela, seconded by Nash to table the matter. Motion carried. ~ ~ August 7, 1979 Continued 14. The Council considered acquisition of several property parcels for channel improvements to Pecan Creek in the vicinity of Pecan Creek. City Planner John Lavretta advised the City's real estate appraiser has completed his appraisals and is recon~nending the following as just compen- sation for these six tracts. Tract 1 Sheppard - Darrow Estate $9,000 Tract 2 Sheppard - Darrow Estate $3,800 Tract 3 C.P. Reed $1,200 Tract 4 Burnett Flemings $ 800 Tract 5 C.P. Reed $2,000 Tract 6 A. Mu McDade $ 800 This project, including property acquisition, will be funded entirely by our Community Development Grant. The cost of acquisition reflected in the appraisals does seem to fit within the project budget. Motion was made by Stewart, seconded by Vela to approve and to instruct the City Manager to proceed. Motion carried. 15. The Council considered recon.,endation of the Planning and Zoning Comm- ission regarding placement of signs on property proposed for rezoning. City Planner John Lavretta advised that the sign that would be used would be a simple cardboard sign mounted on a wooden stake, similar in size and cah~racter to a typical campaign sign. The sign would read: Zoning Change Request- ed, Call 566-8350. The cost of the sign will be about $1.50. Motion was made by Stephens, seconded by Vela to approve use of signs. Motion carried. 16. The Council considered an amendment to the contract with Shimek, Jacobs and Finklea to include an apron area at the airport in the engineering plans. Assistant City Manager King Cole briefed the Council, advising that the Consulting Engineers stated they would provide engineering services in connection with the overlay of the north-south runway in connection with overlay of aircraft parking apron. The cost to be $3,400. The Airport Board has approved this work and so recommends. Motion was made by Vela, seconded by Stewart to approve amendment to the contract for overlay of aircraft parking apron. Motion carried. 17. Bid #8674--Sanitation Compactors and Containers. Following a briefing by the City Manager, motion was made by Stewart, seconded by Vela that the bid be awarded to Industrial Disposal Supply in the amount of $127,534.00. Municipal Funding Corporation of America will ftmd this purchase. The City of Denton will enter into a lease/purchase agreement with them. Motion carried. 18. The Council set the agenda for the August 14, 1979 study session. 19. Consent Agenda: Motion was made by Stephens, seconded by Vela to approve the following consent agenda. Motion carried. (A) R FERRALS: The following three petitions were referred to the Planning and Zoning Co~n~ission for its recommendation: (1) Z-1412, the petition of Mr. Grant Jacobson, requesting a change in zoning from Single Family (SF-7) and Planned Development (PD) for zero lot line residential use to Multi Family (MF-1) classification on five acres. This tract is located 400' north of Windsor Drive and 450' west of Stuart Road. August 7, 1979 Continued (2) Z-1415, the petition of Mr. John Stout, requesting annexation and Agricultural (A) zoning on 1.58 acres located on the south side of U; S. 580 near the intersection of 580 and Cindy Lane. The tract begins 240' south of University Drive and measures 250' x 500'. (3) Z-1414, the petition of Mr. Robert Cobb, requesting a change in zoning from Single Family (SF-7) to Neighborhood Service ' (NS) classification at 1021 Cleveland Street. .- (B) BIDS/PURCHASE ORDERS: (1) Purchase Order #397SS was approved to Shermco Industries in the amount of $3,175. ?0 for emergency repairs for water production. (2) Purchase Order #39S49 was approved to Emco Manufacturing Company, Inc. in the amount of $3,045.24 for a hydraulic engine for solid waste compactors. (C) PLATS: (1) Approved final subdivision replat of Blocks 6 and 8 in the Meadow Oaks Addition. (2) Approved final subdivision plat of Oak Meadows Addition~ ~ 20. The Council recessed into Executive Session at 12:15 a.m., August 8, ~ 1979 to discuss legal matters, real estate, personnel and board appointments. 21. The Council reconvened into Public Session at 12:30 a.m. to announce that no action was to be taken. Meeting adjourned at 12:35 a.m., August 8, 1979. MAYOR CITY SECRETARY CITY COUNCIL August 14, 1979 Special Called Meeting of the City of Denton City Council Tuesday, August 14, 1979 at 7:00 P.M. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Council Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. 1o The Council considered an appearance by Paula Thetford speaking in behalf of "Denton Cares" in support of using Seattle, Washington's conservation plan as a blueprint for Denton. She said that Seattle has established many conservation measures to con- serve energy and to utilize what they have efficiently. Example: Seattle City Hall reduced cost of energy 70%. Streets are narrow and tree-lined to help in conserving energy. Double decker buses are used. She provided written information to all members of the Council. 2. The Council considered a report on the ambulance service, and John Maxwell gave an overview progress report of the ambulance service. The County paying $1.50 per'person for service. Some cities not paying, but it looks like all will come through. It appears we will soon have contracts with all cities Denton serves. City Manager Hartung -- We have come up with equitable share of costs. This is an example of what can be done if we sit down and work it out. Fire Chief Jack Gentry gave a resume of costs of Ambulance Operation. (A) Revenues County $100,263.00 (B) Revenues County taxes 10,092.00 (C) Ambulance collections 34,892.00 (D) To~al~. reven~es ::~-~ $145,242.oo (E) Gross cost $200,094.00 (F) Deficit $ 55,852.00 3. The Council considered a report on the status of the EPA Grant for the Wastewater Treatment Plant. Bob Fiorini, Administrative Assistant in the Utility Department, briefed the Council on grant status update for expansion of the Wastewater Treatment Plant. He gave an overview of what would be taking place when construction begins. Step I, facility plan, and Step II, plans and specifications. Step III, actual construction of the plant. A considerable amount of information was handed to each Council member. 4. The Council considered a resolution amending the EPA Grant Application for the Wastewater Treatment Plant. 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 14TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, on January 10, 1979, the City of Denton submitted an application (Step III) to the Texas Department of Water Resources for an EPA Grant for financial assistance in constructing a 6 million gallon per day addition to the City's waste- water treatment plant; and, WHEREAS, the Texas Department of Water Resources has requested (1) certain modification in the plant design, (2) an update of construction costs reflecting the most recent inflation rate and estimated construction start date, (3) an increase in estimated contingency, and, (4) certain modifications in the allowable and estimated administration, start up training and engineering required for construction and start up of the Plant; and, August 14, 1979 Continued WHEREAS, these subject modifications have resulted in a change in the estimated cost of the subject plant additions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The application for financial assistance from the EPA be amended from the previously estimated total construction cost of $9,238,890 to the currently estimated cost of $10,036,460. PASSED AND APPROVED this the 14th day of August, A.D. 1979. /S/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: 15/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS LI=I APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Stephens "aye", Hensley "aye", Vela "aye" and Nash "aye". Motion carried. 5. The Council considered a resolution amending the engineering contract with Freese and Nichols for the Wastewater Treatment Plant. The following Resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, the City of Denton has retained the consulting engineering firm of Freese and Nichols, Inc. to design, inspect and administer the construction of a 6 million gallon per day addition to the City's wastewater treatment plant; and, WHEREAS, the City of Denton has been requested by the Texas Department of Water Resources to modify certain engineering service requirements for subject wastewater treatment plant addition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The engineering contract with Freese and Nichols, Inc., be, and the same is, hereby amended in accordance with the Freese and Nichols letter of June 28, 1978, a copy of which is attached herewith and made a part of this resolution. PASSED AND APPROVED this the 14th day of August, A.D. 1979. /S/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: ~$~OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS August 14, 1979 Continued APPROVED AS TO LEGAL FORM: /S/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Stephens "aye", Hensely "aye'', Vela "aye" and Nash "aye". Motion carried. 6. The Council considered a source of funding for the FAA Grant Match. Assistant Manager King Cole advised that the City has received notice from FAA that they anticipate an allocation in the near future for the overlay of the runway and taxiways at the Airport. From past conversations the airport runway and taxiways were built by the military in 1944. After 35 years the concrete has settled in some areas causing water to stand in spots and the concrete is beginning to break up causing gravel to collect. This presents a dangerous situation, and needs to be fixed. The estimated total cost of the project is $771,064. Under the Airport Development Aid Program of 1976 the local matching share shall be 20% of the total cost. Cost to the City of Denton would be $154,213. Cole advised that TAC said they could make no commitments at this time, since allocations will not be made until after September 1. It should be assumed that the City will have to pay $154,213. Discussion: Cole: Airport Board reluctant to recommend source of funding. Vela: The overlay material is long lasting. Mayor: Would like to hear from airport that has used it. Stewart: Jets could cause material to come off. Motion was made by Stewart, seconded by Vela to authorize Staff to work with First Southwest Co. relative to certificates of obligation. Motion Carried. 7o The Council considered a policy on deadlines for agenda items and agenda backup materials. Stephens proposed that the policy of the Council be that no additional agenda item will be accepted by the Manager's Office after Thursday, 12:00 Noon for inclusion on the following Tuesday's agenda, save and except emergency items that affect the public health and/or safety. Agenda items shall be supported by backup material. Items without backup will be held over until backup material is available, except those items for which the City would incur any financial loss unless immediate action is taken. Motion was made by Stephens, seconded by Vela to adopt the agenda policy. Motion Carried. 8. The Council Considered a resolution amending the April 14, 1970 resolution allowing the Denton Housing Authority to provide housing for low income persons at Dreamland Apartments. 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 14TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, by Resolution duly passed on the 14th day of April, 1970, the City Council of the City of Denton, Texas, approved the creation of the "Denton Housing Authority" pursuant to the "Housing Authorities Law" of the State of Texas; and August 14, 1979 Continued 221 WHEREAS, a project to rehabilitate what is commonly known as the Dreamland Apartments, a housing project more particularly described in Exhibit "A" attached hereto and made a part of this resolution, has been contemplated and planned by the Denton Housing Authority; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: SECTION I. The Resolution passed by the City Council on the 14th day of April, 1970, be and the same is hereby amended to authorize the Denton Housing Authority to provide housing for low-income persons at the said Dreamland Apartments. SECTION II. Except as amended hereby, the Resolution passed by the City Council on the 14th day of April, 1970, is approved and ratified in all respects. SECTION III. This Resolution shall be effective from and after its passage. PASSED AND APPROVED, this the 14th day of August, A.D. 1979. IS~ BILL NASH, MAYOR ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: IS~ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS ADDENDUM TO RESOLUTION All that certain tract or parcel of land being a part of the Hiram Sisco 320 acre Survey, Abstract No. 1184, Denton County, Texas, and being a part of a tract conveyed to Verne L. Carrington and wife, Oneita Carrington by R.A. Kerksieck and wife, by deed recorded in Volume 298, Page 258, of the Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the North line of Hickory Street (50 feet wide) with the East line of the Solomon Hill Addition, said intersection being 586.50 feet south from and along said addition line from the Southeast corner of the B.B.B. and C.R.R. Company Survey Scrip No. 111, Abstract No. 185, and at the Southwest corner of Block C of the Replat of R. A. Kerksieck Subdivision; THENCE South along said Solomon Hill Addition line, being the West line of said Carrington tract, a distance of 1995.62 feet to the Southwest corner of said Carrington tract, being the South line of said Sisco Survey, an Iron Rod for corner; THENCE south 89 deg. 27' 50" East along the South line of said Sisco Survey, a distance of 274.0 feet to the Southeast corner of said Carrington tract, an Iron Rod for corner; THENCE North O0 Deg. 00' 45" East along the East line of said Carrington tract being the West line of the George T. Lillard 28.65 acre tract, a distance of 2000.6 feet to the eastwapd prolongation of the North line of Hickory Street, an Iron Rod for corner at the Southeast corner of Block D of the Replat of the R. A. Kerksieck Subdivision; August 14, 1979 Continued THENCE South 89 deg. 29' 30" West along prolongation of said line a distance of 274.5 feet to the place of beginning, containing approximately 547,981.67 square feet or 12.5795 acres of land, more or less, and being further described as Dreamland Addition, an Addition to the City of Denton, Denton County, Texas, as shown by plat of record in Volume 6, Page 12, Plat Records of Denton County Texas. Motion was made by Vela, seconded by Hensley that the Resolution be passed° On roll call vote Stewart "nay", Nash "aye", Vela "aye", Hensley "aye" and Stephens "aye". Motion carried 4 to 1. 9. Council recessed into Executive Session at 8:35 P.M. to discuss the followir - A. Legal Iqatters B. Real Estate C. Personnel D. Board Appointments 10. Council reconvened into Public Session at 9:50 P.M. to announce that no official action was to be taken. Meeting adjourned at 10:55 P.M° MAYOR 233 City Council August 20-21, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Monday, August 20, 1979 at 8:30 a.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Council Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Secretary Bill Angelo and Finance Director Bill McNary. 1. The Council considered a Resolution authorizing the City to intervene in the Texas Railroad Commission case docket No. GUDZ087, Lone Star Gas Company request for increase in the City Gate Rate. After a briefing by the City Manager the following Resolution was presented: AT A SPECIAL NM, ETING OF TH~ CiTY COUNCIL OF TH~ CITY OF DENTON, TEXAS, H~LD IN THE N~3NICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF AUGUST, A.D. 1979. R~E'~'L ~I 0 N :- WH~RS~, on August 1, 1979, Lon~'~Sfav-~ompany applied to the Texas Railroad Conmission for an increase in City gate rate charges; and WH~RBAS, current gas rates in Denton provide for the flow-through of increases in the City gate rate which are authorized by the Texas Railroad Commission; and WH~RE~, the requested change in rates would result in increased charges to resi- dential and commercial gas customers in Denton; and WHSRFAS, the City Manager and the Staff have in the past cooperated with other Texas cities in proceedings before the Texas Railroad Co~m~ssion to protect the interests of Denton gas customers, and recommend participation in the following described proceeding in a similiar manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Section I. The City Manager and the Staff are hereby authorized to intervene and participate in proceedings before the Texas Railroad Commission, case docket nunber GUD2087 whereby Lone Star Gas Company has requested an increase in City gate rate charges, to insure that the interests of Denton residential and commercial gas customers are properly protected. Section II. The City Manager and the Staff are hereby authorized to cooperate and join with other Texas cities in these proceedings. Section III. This Resolution shall take effect imnediately upon its passage in accordance with the provision of the Denton City Charter. PASSED AND APPROVED THIS this 20th day of August, A. D. 1979. /s/ BILL NASH, MAYOR ATFEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY A/TORNEY CITY OF DENTON, TEXAS August 20-21, 1979 Continued Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye" and Stephens "aye". Motion carried. Mayor Nash was not present during the vote. 2. The Council received a report on the City of Denton Operating Budget from the City Manager and Staff. No official action was taken. 3. At 4:15 p.m. the Council recessed until 8:30 a.m. the following morning. 4. The Council reconvened at 8:30 a.m. Tuesday, August 21, 1979 and continued deliberations on the proposed budget. No official action was taken. $. Meeting adjourned at 10:35 a.m. August 21, 1979. ~TING CITY SECRETARY 235 City Council August 21, 1979 Regular Meeting of the City Council of the City of Denton, Texas~ Tuesday, August 21, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRES~2qT: Mayor Nash, Mayor Pro Tem Stephens, Members Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burr Solomons and Acting City Secretary Bill Angelo. ABSENT: Council Member Vela. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the Regular Meeting of August 7, 1979 and the Special Called Meeting of August 14, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1411, the revised petition of Mr. Bob Smith, requesting a change in zoning from Agricultural (A) to Multi Family Restricted 0V~-R) classification on a 6.5 acre tract. This property is located 600' north of University Drive and 600' west of the western edge of the North University Place Addition. Mayor Nash opened the hearing. After hearing one speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that four notices were mailed with none returned. He added that the Planning and Zoning Conmission unanimously recomm- ended approval, and no one spoke against the petition at the Planning and Zoning Commission meeting. Motion was made by Stewart, seconded by Hensley to approve the petition. Motion carried. 3. The Council considered a presentation by the Denton Mall Company relative to the widening of Loop 288. Martin Mazany, Project Manager, discussed some of the traffic problems expected at the Mall, and asked the Council permission to begin work with the City Staff on widening of the Loop. Ron Perry, Traffic Planner for PAWA Engineering Firm, also spoke on expected traffic problems. He pointed out that the present design of the Loop will not handle the traffic generated by the Mall. He proposed that a "Texas U-Turn" be constructed at the intersection of Loop 288 and 1-35 and that the Loop be widened to a minimum of four lanes. Don Boelke, Vice President of Denton Mall Company, presented the costs associated with these projects and asked for the City's assistance. He estimated that the "Texas U-Turn" would cost approximately $350,000 and that the widening of the Loop would be appr.~ximately $300,000. He advised that the Mall Company would pay for the entire cost of the "Texas U-Tu~f' if t~e City will pay for widen- ing of the Loop. He also presented statistics exhibiting the revenue that the Mall would generate for the City of Denton. City Manager Chris Hartung suggested that action be delayed until all aspects of the project can be evaluated. Council Member Stewart pointed out other impacts of the Mall, stating that the City should use its money to take care of the other problems that the Mall will generate for the City, but that we should provide some type of assistance. Mayor Nash stated that the traffic problems at the Mall would be a City problem, as the City is responsible for streets and traffic control. He also said that he would like to see the City pick up its share of the load. Motion was made by Nash, seconded by Hensley that the Staff study the matter and report back to the Council. Motion carried. ~ August 21, 1979 Continued 4. PROCLAMATIONS: (A) The Mayor read a proclamation proclaiming August 27 through September 3 as "YMCA Week" in Denton. (B) The Mayor read a proclamation proclaiming September 2 through September 3 as Jerry Lewis Muscular Dystrophy Telethon Days in Denton. 5. ORDINANCES: The following Ordinances were presented: (A) Ordinance #79-58 (Carlo Farina, Jr.--Z-1373) 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 APPROXIMATELY 9 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY .DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) Ordinance #79-59 (Carlo Farina, Jr.--Z-1374) 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 APPROXIMATELY 10.2 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE P~kRTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Hermley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (C) Ordinance #79-60 (Carlo Farina, Jr.--Z-1375) 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 APPROXIMATELY 23.4 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (D) Ordinance #79.-61 (Robert Welch--Z-1401) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING AI.L THAT LOT', TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 45 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF D~FFON, STATE OF TEXAS AND BEING IN THE A. GIBSON SURVEY, ABSTRACT NO. 498, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS SINGLE-FAMILY "SF-16" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Stephens that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (E) Ordinance #79-62 AN ORDINANCE OF THE CITY OF DF~NTON, TEXAS; PROVIDING FOR THE POSTING OF SI~S BY THE DIRECTOR OF PLANNING UPON THE APPLICATION FOR A ZONING CHANGE OR A SPECIAL PERMIT; PROVIDING FOR REQUIRI']~ENTS FOR THE SIZE, LOCATION AND CONTENTS OF SAID SIGNS; PROVIDING A PENALTY FOR REMOVAL OR DEFACING OF SAID SIGNS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. August 21, 1979 Continued 257 6. RESOLUr IONS: (A) The Council considered the following Resolution creating the Denton Housing Finance Corporation and appointing the Board of Directors thereunto: AT A REGUIAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, an application in writing seeking the incorporation of a housing finance corporation under the provisions of the "Texas Housing Finance Corporation Act" has been filed with the City Council of the City of Denton (the "City") by at least three individuals, each of whom is a citizen of the State o~ Texas, of the age of 18 years or more and residents of the City; 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 has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporat- ion be formed. s crION II. That, the City Council of the City hereby approves the form of articles of incorp- oration proposed to be used in organizing the corporation, a copy of which is attached' hereto as "Exhibit A", and hereby grants authority for the incorporation of the corporation. SECTION III. That, the City Council of the City hereby designates the Corporation for purposes of subparagraph D of paragraph (b) (1) of Section 4 of H.B. 3712 as reported by the House Ways and Means Committee of the United States House of Representatives by vote of the Committee on July 50, 1979. SECTION IV. That it is hereby officially found and determined: that a case of emergency or urgent public necessity oxists which requires the holding of the meeting at which this Resolution is adopted, such emergency being that the adoption of this Resolu- tion is necessary for the incorporation of a housing finance corporation under the "Texas Housing Finance Corporations Act"; and that the proceeds from the issuance of such corporation's bonds are needed as soon as possible and without delay for necessary and urgently needed residential housing for persons of low and moderate income within the City; that said meeting was open to the public as required by law; and that public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann. Civ. St. Art. 6252-17, as amended. SECTION V. That all Ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION VI. That this Resolution shall take effect immediately from and after its adoption, and it is accordingly so resolved. PASSED AND APPROVED this the 21st day of August, A. D. 1979. /s/ ATTEST: BILL NASH, MAYOR /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY ~ ~ ~ August 21, 1979 Continued Motion was made by Stephens, seconded by Hensley that the Resolution be passed; On roll call vote Stewart-"aye", Hensley "aye", Stephens "aye" and Nash "aye'~. Motion carried. Motion was made by Stephens, seconded by Hensley that the following be named to the Board of Directors 'of the Corporation--Chris Hartung, Bill Mci~ary, Bill Na~h, Ray Steph~ens, Dick Stewart, Roland Vela and Bud Hensley. Motion carried. 7. The Council considered a report on bird control in the City of Denton. Assistant City Manager King Cole briefed the Council on the continuing bird problems, citing that the swallows may have returned to Capistrano, but the blackbirds are back in Denton. He said that there had been several complaints on birds and that we will be scrapping the old methods cf control, and asked that the Council approve the new program which will be directed by Sally Erdman. He suggest- ed that the City of Denton and Texas Woman's University share equally in the program cost. The proposed cost of the program is as follows: $ 3,888 core labor force of 6 employees working 1,296 man hours at minim~n wage $ 320 purchase of 16 additional clow guns $ 6,000 purchase of 60,000 rounds of clow gun anmmmition $ 9,600 consultant fee (Sally Erdman) $ 500 travel expenses for consultant $ 500 miscellaneous expenses $20,808 Total program expense Sally Erdman, Ornithologist, announced that t~e program would not be a guaranteed solution to the problem, but that she expected good results. Motion was made by Stephens, seconded by Stewart that the program be approved as recommended by the Staff. Motion carried. 8. Tke Council was to have considered a report by Dr. Roland Vela concern- ing the incidence of rabies in the State of Texas and consider developing a new rabies control program. Since Dr. Vela was not present, this item could not be · considered. 9. The Council considered disposition of property on the east side of Avenue E between Hickory and Oak Streets. City Planner John Lavretta reported that after checking with the Director of Parks and Recreation, it was found that the property is not developable as a City park. He added that neither side of the property was developable under our present zoning ordinance, and that there was no need for the City to retain the property. Mayor Pro Tem Stephens suggested that we following the recomnendation of the Planning and Zoning Conmission to sell the property so it could be put back in the tax roll and generate revenue for the City. Motion was made by Stewart, seconded by Stephens to declare the property undevelopable, with the amendment that no curb cuts would be allowed, and that the property be put up for bid to the general public and that the City will retain a 10' right-of-way. Motion carried. 10. The Council considered a contract with the Department of Housing and Urban Development for the 1979-80 Community. Development Block Grant. John Lavretta briefed the Council, recommending that the Council accept the Housing and Urban Development Community Development Block Grant in the amount of $749,350 and authorize the Mayor to sign the grant. He also stated that HUD may require changes in our housing assistance plan in the near future, as they are currently revising its grant formulas, but there would probably not be any major changes and that we could work out the problems with HUD when the time comes. Motion was made by Stephens, seconded by Stewart to accept the Housing and Urban Development Community Development Block Grant in the amount of $749,350 and authorize the Mayor to sign same. Motion carried. August 21, 1979 Continued 11. The Council considered a recommendation from the City Manager's Office concerning computer services. Assistant City Manager King Cole briefed the Council on the current problems we are experiencing in Data Processing and pointed out solutions to those problems. He asked the Council to authorize the City Manager to proceed with plans for implementing Xerox Computer services. Cengiz Capan, Data Processing Director, presented information relative to the Xerox study. He stated that he felt that we could work out the problems with our present computer system and that the majority of our problems stem from a lack of co~,,~ication between management and staff. He recommended that we stay with our in-house computer system. Fred Mercer, District Manager for Sperry Univac, claimed that the City could not cancel the contract without legal ramifications. Council Member Stewart asked about liability under the contract with Sperry Univac. Acting City Attorney Burr Solomons was of the opinion that we can legally terminate the contract. The Council recessed at 9 p.m.and reconvened at 9:10 p.m. Mayor Pro Tem Stephens suggested that the matter be tabled for further study. Motion was made by Stephens, seconded by Hensley that this item be tabled for further study. Motion carried. 12. Motion was made by Stephens, seconded by Hensley that the Tax Adjustment Report for June, 1979 in the amount of $6,838.42 be approved. Motion carried 3 to 1. 13. The Council considered a recommendation of the Denton Electrical Code Board concerning proposed changes to the Electrical Code. Burr Solomons briefed the Council on the proposed changes in the Elect- rical Code Ordinance. The Staff reco~m~ended that changes be made in order to reduce the 3 year experience requirement for a journeyman license, and those people concerned only with residential wiring methods. The other proposed amend- ments were for clarification purposes only. Motion was made by Hensley, seconded by Stephens to instruct the City Attorney to prepare the appropriate ordinances. Motion carried. 14. The Council considered the final plat of the Golden Triangle Industrial Park, Phase III. City Planner John Lavretta briefed the Council, stating there wa~ still a question as to the paving of Mayhill Road. The City Staff recommended that we require the developer to pave that particular section. Mike Ramos, representing Golden Triangle Industrial Park, stated 'that it was questionable whether Mayhill Road can be considered an improved or unimproved road. John Lavretta claimed that the road is not presently paved in accordance with City specifications and that the road cannot handle the truck traffic that would be generated by this industrial park. City Manager Chris Hartung stated that according to past policy we should make the developer pave the road. Mayor Nash asked that the Staff look at our present policy for possible changes. Motion was made by Nash, seconded by Stewart to table the matter. Motion carried. ~_~0 August 21, 1979 Continued 15. The Council set the August 28, 1979 Study Session Agenda. 16. CONSENT A~NDA: Motion was made by Stephens, seconded by Stewart that the following Consent Agenda be approved with approval of the final subdivision plat of the Village, Phase III removed. Motion carried. (A) REFERRALS: (1) Z-141S, the petition of Mr. Robert Nichols, requesting a change in zoning from Agricultural (A) to Single Family (SF-13) classification on a 10.45 acre tract was referred to the Planning and Zoning Commission for its reco~mendation. (This tract is located southwest of the intersection of Teasley Lane and Pennsylvania Street. ) (B) BIDS/PURCHASE ORDERS: (1) Bid #8679, aerial signal cable, awarded to the low bidder, Temple, Inc. at a total price of $9,000 FOB, Denton, Texas. (2) Bid #8680, utility poles, awarded to the overall bidder, Inter- national Paper Company. (3) Purchase Order #40164 approved to Priester Supply Company in the amount of $5,994 for McGraw-Edison electronically controlled 400 amp switches with hangers. (C) PLATS: (1) Final subdivision plat of the College Park Addition was approved. (2) Final subdivision replat of the Heritage Oaks, Block 3 approved. (3) Final subdivision plat of the R. E. Ford Addition approved. (4) Final subdivision plat of the Alton Davis Addition approved. 17. The Council considered final subdivision plat of the Village, Phase III. Mayor Nash abstained from voting because of engineering work. Ymyor Pro Tem Stephens took the chair. Motion was made by Hensley, seconded by Stephens that the final sub- division plat of the Village, Phase III be approved. Motion failed with 2 voting for 1 against and 1 abstaining. 18. The Council adjourned into Executive Session at 10:50 p.m. to discuss legal matters, real estate, personnel and board appointments. 19. The Council reconvened into Public Session at 11:45 p.m. to announce the following Board appointments: CATV Board June Brownlee 1979- 81 Bill Claiborne 1979- 80 Electrical Code Board George Olufsen 1979- 81 Plumbing and Mechanical Code Board George Becker 1979-81 S. W. Wright 1979-80 August 21, 1979 Continued RED Board Gerald Williamson 1979-82 Board of Adjustment Quinby Self 1979-80 Motion was made by Stephens, seconded byHensley that the above Board appointments be approved. Motion carried. 20. The City Manager recm~nended that Donna Jeanes be appointed to the Civil Service Commission. Motion was made by Stephens, seconded by Hensley that Donna Jeanes be appointed to the. Civil Service Commission. Motion carried. Meeting adjourned at 12:00 a.m. ACTING ~I'I'Y SECRETARff' City Council August 28, 1979 Special Called Joint Meeting of the City Council and the Airport Adivsory Board, and a Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, August 28, 1979 at 7:00 p.m. in the Council Chamber of the M~nicipal Building. PRESENT: Council: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Hensley, and Stewart, City Manager Chris Hartung, Acting City Attornry Burt Solomons and Acting City Secretary Bill Angelo. Airport Board: Dr. Gene Wright, Dr. John Carrell, Julie Marshall and Lee Keith. JOINT MEETING OF THE CITY COUNCIL AND THE AIRPORT ADVISORY BOARD: 1. Aspects of the Municipal Airport, including the re-negotiated contract with Aerosmith Denton Corporation were considered. Dr. Gene Wrigh~g~.of 'the Airport Board presented the re-negotiated contract to the Council, stating..~t~at ~recomnended tbmt the Council accept the contract. He also stated that the ~irpo~ard worked very hard with Aerosmith on the contract and both were in~ a~t with the contract. Assistant City Manager King Cole presented a Revenue Comparison Chart, contrasting revenue generated from the 1975 contract and the revenue generated from the 1979 contract. Dr. Wright stated that the new contract includes all of the 14 points which the Council wanted in the contract. He also stated that the new contract would greatly improve the ambiguities of the 1975 contract. Council Member Stewart was concerned with the maintenance responsibilities of the contract. Dr. Wright stated that there was no new maintenance responsibilities for the City under the 1979 contract that we would not want to assume anyway. Motion was made by Stephens, seconded by Nash to accept the recommendation of the Airport Board, and expressed his sincere congratulations and appreciation for the time and work spent m~ the contract. (Motion was not voted on--see motion below. ) Council Member Vela proposed a substitute motion to accept the report and to set it up for further deliberations. After some discussion on the substitute motion, Stephens withdrew his original motion. Motion was then made by Stephens, seconded by Vela that the report be accepted and the matter tabled for one week. Motion carried. MEETING OF THE CITY COUNCIL: 1. The Council considered encouraging the development of a community long range planning committee. Mayor Pro Tern Stephens stated that in light of the City being on the threshold of explosive growth it is time to rethink our situation and reset our goals. He suggested that we establish a long range planning co~ittee to be entitled "Denton 80's; Directions and Decisions", and that he be appointed to set up a steering committee. Motion was made by Hensley, seconded by Stewart that we establish a long range planning committee with Ray stephens appointed to set up a steering con~nittee. Motion carried. August 28, 1979 Continued 243 2. The Council considered a recommendation from the City Manager's Office concerning computer services. City Manager Chris Hartung briefed the Council. Council Member Hensley stated that he would like to see the computer system stay in house. He also requested that an investigation into the tenure of the City Manager be placed on the next agenda or at the next Executive Session of the Council. He also asked that an independent inquiry be made into the City Manager's proposal to contract for Xerox computer services. Council Member Stewart stated that he would like to see the computer system stay in house for a period of 1 year to see if the problems of the present system could be worked out, with an annual perfomance review of the Data Process- ing Department. He also stated that he had been told by representatives of Sperry Univac that they would give the City a corporation court ticket tracking program and an average utility billing program free. Fred Mercer from Sperry Univac agreed to this, stating that they would also provide the City with the staff to implement the new programs at no cost to the City. In addition he stated that Sperry Univac would help us find solutions for other problems we are expecting with the computer services. Council Member Stephens added a point of clarification, stating that in his opinion any motion incorporate that the City accepts alternative #2 in the Alexander Grant report that we retain the in house computer system with a limited staff. Motion was made by Hensley, seconded by Vela that we retain the in house computer system with a limited staff. Motion carried. At this point Council Member Bud Hensley left the meeting because of illness. 3. The Council considered a report by Alexander Grant Company concerning utility transfers. Buford Rhodes, representing Alexander Grant Company, briefed the Council. Winfred Paschal of Alexander Grant presented a report and answered inquiries of the impact of discontinuing the utility transfers, and the impact on taxes which would be necessary to offset the discontinuing of that transfer. (The report presented by Alexander Grant is on file in the 'City Secretary's Office.) The Council receiv~ ke,~t. No official action was taken. 4. The Council received k-  from the Charter Revision Committee rel- ative to proposed Charter amendments. Charldean Newell, Chairperson of the Charter Revision Co~nittee, submitted a report to the Council on the necessary changes. In addition, she briefed the Council on the highlights of her report, stating that there were four major cate- gories of changes--political changes, administrative changes, deadwood changes and stylistic changes. She stated that the Council should review this report, modifying and/or adding any items they deem necessary. Council Member Vela asked if it would be possible to hear from those members of the Co~ittee who wrote the Minority Report. None of these members were present. Motion was made by Stephens, seconded by Stewart to accept the report, and commended the Committee' for their diligent and hard work in the time consuming task of reviewing the Charter. Motion carried. It was also discussed that the Council should take the matter under consideration at a study session and then schedule the proposed Charter changes for a public hearing. 5. The Council was to have considered an ordinance amending the zoning map by amending Ordinance 78-8, Section I, No. 1 to permit 116 units on 5.8 acres of land out of Lot 20, Block 136-B on the request of Robert Horn. ~illage, Phase III) This item was postponed until a full Council could be present. ' August 28, 1979 Continued 6. The Council was to have considered the final subdivision plat of the Village, Phase III. This item was postponed until a full Council could be present. 7. The Council considered instituting annexation proceedings on a 314 acre tract located on the north side of Highway 77 between Bonnie Brae and Riney Road and zoning the property Light Industrial [LI). City Planner John Lav-retta breifed the Council. Council Member Stewart was concerned about the proposed Loop 288 project and its impact on the property in question. Randy Johnston, Attorney representing T.I., stated that T.I. would be willing to work out any problems regarding the Loop and the location of their plant. Motion was made by Stewart, seconded by Stephens to instruct the City Attorney to proceed with annexation proceedings. Motion carried. 8. The Council considered implementation of "Truth in Taxation" procedures. No action was taken. 9. The Council considered authorizing the City Manager to sign a contract renewing our agreement with the Professional Appraisal Company, Inc. for tax appraisals. City Manager Chris Hartung briefed the Council and recommended approval. Motion was made by Stewart, seconded by Vela that the contract be approved with the City Manager authorized to sign same. Motion carried. 10. The Council recessed into Executive Session at 10:00 p.m. to discuss legal matters, real estate, personnel and board appointments. 11. The Council reconvened into Public Session at 10:30 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:33 p.m. MAYOR ACTING CITY ~L~RETARY City Council 2 ~. 5 September 4, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, September 4, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Butt Solomons and Acting City Secretary Bill Angelo. 1. Notion was made by Stephens, seconded by Hensley that the minutes of the Regular Meeting of August 21, 1979; the Special Called Meeting of August 20-21, 1979; and the Special Called Meeting of August 28, 1979 be approved. 2. Council Member Stewart questioned plat approval. He also said that Mayor Nash's occupation would cause him some problems with conflict of interest in the future. Council Member Vela suggested that the Council formulate a better policy on conflict of interest. Nhyor Nash stated that he had asked the City Manager and the City Attorney to investigate the legal aspects of conflict of interest so that the Council could formulate a policy. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1413, the petition of Mr. John Stout, requesting annexation and Agricultural (A) zoning classification on a 1.S8 acre tract. The property is located south of Highway 580 near the intersection of Highway 380 and Cindy Lane. The tract begins 240' south of University Drive along the city limit line and measures 230' x 300'. The Mayor opened the hearing. No one spoke for or against the petition, so the hearing was closed. City Planner John Lavretta briefed the Council, stating that a church was to be built on the site. He stated that out of all the letters mailed out, 1 was returned in favor and none in opposition. He said that no one spoke in opposi- tion at the Planning and Zoning Commission meeting and that the P & Z recommended approval. Motion was made by Vela, seconded by Hensley that the petition be approved. Motion carried. (B) A public hearing was held on the 1979-80 Budget Request for Operating and General Revenue Sharing Funds. City Manager Chris Hartung briefed the Council, stating that this particular budget was designed to maintain present services and that the major priority was to target funds for salary increases. The Mayor opened the hearing. Ken Gold, representing the Denton Firefighters Association, asked for information on the proposed pay raises. The City Manager stated that the Staff is presently behind on their salary recommendations, but that would be completed by September 11, 1979. No one else spoke for or against, so the Mayor closed'the hearing. No official action was taken. 4. The Council considered reports from RSVP, SPAN~ Visitors Convention Center, Cultural Confederation and Information and Referral Service regarding receiving financial contributions from the City. Carol Riddlesperger, representing RSVP, briefed the Council on her agency, requested that the Council continue financial support to the agency in the amount of $3,000. Roberta Donsbach, representing SPAN, briefed the Council on the operat- ions of her agency, and requested that the Council continue financial support in the amount '~f $13,500. September 4, 1979 Continued Frank Atkins and Darrell Woolwine, representing Visitors Convention Center, briefed the Council on activities of their organization since April 1, 1979. They requested that the Council continue financial support through the Hotel-Motel Occupancy Tax. Yvonne Jenkins, representing the Cultural Confederation, briefed the Council on the activities of her organization and requested that the Council continue financial support through 1% donation of the Hotel-Motel Occupancy Tax. A representative of the Information and Referral Service briefed the Council on the activities of the organization and asked that the Council continue support of the organization. No official action was taken. 5. The Council considered an appearance by various citizens concerning parking problems on the town square. Bill Keith, representing the Downtown Merchants Assocition, briefed the Council on the problems the downtown merchants were experiencing because of park- ing violations. He requested that the City Manager take steps to eliminate parking problems on the square and that we strictly enforce the regulations. He also requested that the City begin a regularly scheduled sweeping program on the square. Public Works Director Rick Svehla stated that the square was scheduled to be swept twice a week, but the street sweeper has been broken for over a month. The City Manager stated that the existing ordinances concerning parking are being enforced to the best of the staff's ability. He added that tickets are being written, but the problem lay in the enforcement of ticket payment. To help solve the enforcement problem we have begun work on a computer ticket tracking program. In addition, the Staff is looking into redrafting of the parking ordin- ances. Bud Jennings supported the City ~mnager in his statement, claiming that tires are being marked and tickets are being issued every two hours. However, he stated that many of the merchants on the square are being passed over by the ticketing officers. Mayor Nash assured Mr. Jennings that the ordinances would be enforced uniformly and fairly. Council Member Stewart suggested that a~meeting be scheduled between the City Council and the Municipal Court Judge to discuss the problem. No official action was taken. 6. The Council considered approving the re-negotiated Aerosmith Denton Contract. Mayor Nash stated that this item had been considered at a previous Council meeting, and asked if there were any questions on the contract. Council Member Stewart questioned ownership of various buildings at the Airport. Assistant City Manager King Cole and Dr. John Carrell briefed the Council. Council Member Vela questioned the new contract, stating that he would have to vote against the contract for the following reasons: (A) At present, income from mowing goes to City. (B) At present building #6, as shown on the 1979 Airport Agreement belongs to the City. (C) Page 6 of the Agreement should show the date of April, 1979, instead of leaving it blank. (D) Regarding item "A" on page 7 of the new agreement--the original agreement between the Airport Board and Aerosmith was for "all rentals". September 4, 1979 Continued 24~ (E) On page 7-8 of the new contract it shows the City is responsible for all major repairs; in the original contract the City was not responsible. (F) Item "A" on page 8 of the new contract refers to the City grant- lng Aerosmith the right to engage in any "aviation/airport related" business--and in the original agreement it was only "aviation related". (G) The Airport should be for the use of citizens of Denton--not Aerosmith. This means that Aerosmith can block any use of the Airport they wish, including use by competitors. (H) On page 14 of the new contract--apron area designated not suit- able for the purposes intended--in the original agreement the area was fan shaped and symetrical with the runway intersection at its center. (I) On page 17 of the new contract regarding conflict of interest-- City cannot waive the right to prosecute if such is revealed later. Dr. Carrell told the Council that this was not a contract being consider- ed, but amendments to a contract that was already in force. Vela stated that he felt that this was a better contract than the 1975 contract, but there were still many problems. Mayor Pro Tern Stephens suggested that Section 16, Quiet Enjoyment, of the contract be amended by the addition of the following sentence: "This contract to be enjoyed only by and with the mutual cooperation of both parties for the use and development of the Airport for the commanity bettement". Motion was made by Stephens, seconded by Hensley to accept the recormn- endations of the Airport Board and approve the contract with the condition that a decision be made on the ownership of various buildings before the contract is officially signed. A roll call vote was requested. On roll call vote Stewart "nar', Hensley "aye", Vela "nay", Stephens "aye" and Nash "aye". Motion carried 3 to 2. 7. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE #?9-63 (Bob Smith-Z-140S) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAF~ 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 APPROXIMATELY 18 ACRES OF LAND, AS SHOWN THIS DATE ON TH~ OFFICIAL TAX M~ OF THE CITY OF DEN?ON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed, on roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) ORDINANCE #79-64 (Linda Lavender Z-1407) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME lqkS 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 LOT 3, BLOCK 328, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF TH~ CITY OF DENTON, TEXAS, AND MORE PARTICIFIARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. (C) ORDINANCE #79-65 (Dr. V. W. Redman Z-1406) AN ORDINANCE AMENDING THE ZONING ~i~P 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 APPROXIMATELY 3. 766 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~liP OF THE CITY OF DENTON, TEXAS, AN]] MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. September 4, 1979 Continued Motion was made by Hensley, seconded by Stewart that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (D) ORDINANCE #79~66 (Municipal Police Dept.-Animal Shelter-A-1409) AN ORDINANCE AMENDING THE ZONiNG MAP OF TH~ CITY OF D~FrON, TEXAS, AS SA~. WAS ADOPTED AS A~ APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENT(N, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 2.5 ACRES OF LAND AS SHOWN THIS DATE ON TH~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (E) ORDINANCE #79-67 (Barry Wachal Z-1597) 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 APPROXIMATELY 50 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (F) ORDINANCE #79-68 (Bob Smith Z-1411) AN ORDIN~NCE 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 APPROXIMATELY 6.5 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (G) ORDIN CE #79-69 AN OmI CE OF THE OF DragON, DISANN ING CERTAIN PORTIONS AS A PART OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Vela that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (H) The proposed Ordinance for Tom Jester (Z-1393) was postponed for one week. (I) ORDINANCE #79-70 (Robert Horn Z-1410) ~N ORDINANCE AMENDING ORDINANCE NO. 78-_8 OF THE ZONING .~IAP OF THE CITY OF DENTON, '?F~YAS, AS .ADOPTED ON T~ 21ST DAY OF ~BRUARY A.D. 1978, BY AMENDING [2) OF ,'ORDINANCE NO. 78-8 TO FEP~dlT 100 UNITS ON 5.8 ACRES OF LAND OL~ OF LOT 20, BLOCK 136-B, AND BEING LOCATED ON THE NORTH SIDE OF WINDSOR DRIVe, AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS; AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Mayor Nash abstained from voting because of engineering work. Motion was made by Hensley, seconded by Stephens that the Ordinance be passed. ,On roll call vote Stewart "nar', Vela "na)~', Hensley "aye" and Stephens ~'aye". Mot. ion failed with 2 voting "aye", 2 vo~in~ "nay" and 1 abstaining. (See below) After discussion, motion 'vas made by Hensley, seconded by Vela to reconsider the Ordinance. Motion carried with Nash abstaining. Motion was then made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye" and Stephens "aye". Motion carried with Nash abstaining. September 4, 1979 Continued 24 8. The Council considered the final subdivision plat of the Village, Phase III. City Planner John Lavretta briefed the Council. Mayor Nash abstained from voting because of engineering work. Motion was made by Stewart, seconded by Vela that the final subdivision plat of the Village, Phase Ill be approved. Motion carried with Nash abstaining. 9. RESOLUTIONS: The following Resolution authorizing the sale of distribution trans- formers to NTSU was presented: AT A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF SEPTEMBER, A.D. 1979. RESOLUTION WHEREAS, the City of Denton currently owns the electrical system located at the North Texas State University Campus; and WHEREAS, the electrical service to North Texas State University is presently metered at twenty-six (26) locations; and WHEREAS, North Texas State University has expressed a desire to purchase the City of Denton's electrical power at the primary voltage of 13,200 volts at two separ- ate locations; and WHEREAS, the City Council of the City of Denton has expressed a willingness to sell such electrical system; and WHEREAS, North Texas State University has offered t'o purchase the said electrical system for $125,000.00 by issuance of a purchase order for such system; and WHEREAS, the City Council has determined that the sale of subject distribution system facilities to North Texas State University with the subsequent removal of 26 individual metering points and the subsequent furnishing of wholesale electrical power and energy at two metering points would not i~are essential and effective utility service to NTSU or the remaining utility customers and further that subject facilities would be considered temporarily surplus if not sold to North Texas State University; and WHYS, the City of Denton Utility Board has reviewed and recu~.aended approval of such a transfer of the said electrical system; and WHEREAS, the City Council of the City of Denton, after careful consideration of the matter believes it to be in the best interest of the City of Denton and its citizens to sell the said electrical system; NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The City Council of the City of Denton has hereby agreed to sell such electrical system and associated distribution tr_ansformers and other related facilities as outlined in ~duibit "A" attached herewith and made a part of this Resolution to North Texas State University for the total sum of $125,000.00; provided, however, that such sale shall be in full accordance to the following circunzstances; (a) The transfer of title and ownership for individual or groups of distribution transformers and/or facilities shall remain with the City of Denton until such time as any such distribution transformer and associated facility is completely, de-energized for the purpose of permitting North Texas State University to convert their primary power circuit to such distribution transformer, at whidl time ownership, control and maintenance responsibility of such distribution trans- former and associated facility shall transfer automatically to North Texas State University. ~0 September 4, 1979 Continued (b) After any distribution transformer and associated facility is so transferred, North Texas State University shall make full payment to the City of Denton of the value of such distribution transformer and associated facility. (c) The metering for each distribution transformer shall continue on an individual transformer basis until transfer of control and ownership of all distribution transformers is complete at which time metering shall be accomplished through two master meters, or until the ownership of a group of transformers can be transferred so that such electrical power to such transformers can be master metered. (d) Prior to any transfer of ownership of any distribution transformer or associated facility appropriate officials of North Texas State University shall enter into a written agreement with the City of Denton incorporating into such agreement the aforementioned terms and conditions. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to execute on behalf of the City of Denton and necessary agreements or other legal docunents to effectuate this sale. PASSED AND APPROVED this the 4th day of September, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS A~EST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOL~ONS, ACTING CITY A~ORNEY CITY OF DENTON, TF~XAS Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 10. The Council considered the disposition of property at the intersection of Bell Avenue and Sycamore Street. Cotmcil Member Vela stated that he placed this item on the agenda due to his concern over pending legal action relating to the develoFability of the prol~e~ty. He stated that we should decide on the developability of the property before we hire an attorney to recover the property. Motion was made by Vela that by virtue of the need for curb cuts that we declare that the lot is not independently developable. Motion died for lack of a second. Motion was then made by Vela to declare the lot developable. Motion ~ed for lack of a second. Stating that it was foolish to take legal action without a decision on the value of the property, motion was made by Vela not to spend any money for attorneys to recover the property. Motion died for lack of a second. 11. The Council received a report and considered further action on the annexation of approximately 1500 acres extending from the present City limits to 600' north of the center line along the entire length of the proposed north Loop 288. City Planner John Lawretta briefed the Council, stating that the City does have the legal capacity to annex this large amount of property, and can provide the services. However, he stated that we do not know if the people want it. Lavretta stated that the Staff supports the use of the City's annexation powers to eliminate strip development and maintain development control, but the Staff does not feel that it is necessary to annex the property at this time stric'~!v for development control, becat~e there are other methods of assuring ~hat control. September 4, 1979 Continued 2 5 ~ He then briefed the Council on the proper annexation procedures. Council Member Stewart coJmnended John Lavretta for his efficient work and research. Motion was made by Stewart, seconded by Vela to instruct the Staff to proceed with annexation proceedings. A roll call vote was asked for. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "nay". Motion carried 4 to 1. Mayor Nash stated that annexation of this property could present a problem of duel certificates for electric utility services with the Denton County Electric Coop and the City of Denton. Floyd McDaniel, representing the Northeast Denton Homeowners Association, voiced his support of the annexation. 12. The Council considered a request from Jess Coffey regarding water and sewer service on North Sherman Drive. This item was tabled at a previous meeting. Motion was made by Nash, seconded by Stewart to bring this item off the table. Motion carried. Mayor Nash briefed the Council and asked Mr. Coffey what he was planning to do with the property. Jess Coffey stated that he planned to develop it with single family units, apartments and duplexes and that he did not intend to build 200 acres of apar ~nents. City Manager Chris Hartung stated that this item represents two separate issues. The first is land use, which is really not the question in this case and the second is water and sewer service. According to Public Utilities Con~nission regulations, Certificates of Necessity must be provided. As long as this is done, the City is obligated to provide water and sewer service. Mayor Nash asked the Staff if we have other methods of control over the development of this property. City Planner John Lavretta stated that we do have the right to review any plat in our extraterritorial jurisdiction. Mayor Nash asked if we could suffer any legal ramifications if we refuse to provide water and sewer service. Acting City Attorney Burr Solomons stated that we would be liable if we refuse to provide the services. Motion was made by Nash, seconded by Hensley to approve the request of Jess Coffey regarding water and sewer service on North Sherman Drive. A roll call vote was asked for. On roll call vote Stewart "aye", Hensley "aye", Vela "nay", Stephens "nay" and Nash "aye". Motion carried. 13. The Council considered the final plat of the Golden Triangle Industrial Park--Phase III. Director of Public Works Rick Svehla briefed the Council on the pavement question involved in this plat. He stated that he had reviewed the present policy and in his opinion the developer should be assessed for paving of Mayhill Road. Mayor Nash stated that the policy is wrong as it applies in this instance. He stated that it would be better to pave all of Mayhill Road at a later date than to do half now and half later. Council Member Vela questioned the necessity of the paving. Rick Svehla stated that in his opinion the repaying of Mayhill Road is a necessity. September 4, 1979 Continued Frank Mart~no requested that the Council approve the plat and that he would put up a bond to insure the paving of Mayhill Road until the legal question is answered on whether Mayhilll Road is an improved or un~mproved road. Mr. Martino amended his offer, stating that he would put up cash in escrow in lieu of a bond. Motion ~as made by Nash, seconded by Stewart to approve the plat and accept cash in escrow for paving of ~ayhill Road. Motion carried. 14. The Council considered plans and specifications for Airport h,Lprovements and authorizing the Staff to go out for bids. Assistant City Manager King Cole briefed the Council on the FAA grant and Certificates of Obligation. He stated that we are under some very strict time constraints and the project needed to be under contract by October 1. Carroll Finklea of Shimek, Jacobs ~ Finklea, answered questions of the Council regarding pavement of the north-south runway. He stated that FAA had reviewed the plans and specifications and approved them. Motion was made by Vela, seconded by St6wart to approve the plans and specifications for Airport improvements and authorize the Staff to go out for bids. Motion carried. IS. The Council considered plans and specifications for the new Fire Station and authorizing the Staff to go out for bids. Assistant City Manager King Cole briefed the Council and requested that the Council approve the plans and specifications. Motion was made by Stewart, seconded by Stephens that the plans and specifications for the new Fire Station be approved and authorized the Staff to go out for bids. Motion carried. 16. The Council considered the following Resolution giving notice of intent- -- ion to issue City of Denton, Texas Certificates of Obligation for a Central Fir~ Station: RHSOLUT. ION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A CEMrRAL FIRE STATION ~HE 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. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A CENTRAL FIRE STATIONTM, the form and substance of which are hereby adopted and approved. SECTION 2. That the City Secretary shall cause said Notice, in substantially the form attached hereto, to be published once a week for rw-o consecutive weeks in 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 tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 17. The Council considered the following Resolution ~?:ing notice of intent- ion to issue City of Denton, Texas Certificates of Obligat~un for Airport improve- ments: September 4, 1979 Continued 253 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTMVrlON TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR AIRPORT IMPROVEMENTS THE STATE OF TEXAS ~ COUNTY OF Dt{NTON ~ CITY OF Dt~qTON ~ WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THEREFORE, BE ITRESOLVED BY THECITYCOUNCIL OF THECITYOF DENTON: SECTION 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR AIRPORT IMPROVEMENTS", the form and substance of which are hereby adopted and approved. SECTION 2. That the City Secretary shall cause said NOTICE, in substantially the rom attached hereto, to be published once a week for two consecutive weeks in 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 tentatively set for the passage of the Ordinance authorizing the iss,mnce of such Certificates of Obligation. Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley"aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 18. The Council considered bid #866S for the Old Post Office Building. City Planner John Lavretta briefed the Council. He recommended that we reject the bids and keep the building because the building is of more value to us than $80,000, and that the intended use of the building would not be a stimulant to downtown development. Moti~nwas mad~ela, seconded by Stewart to reject the bids and keep the building f~i~kfutur~p~carried 5 to 2. 19. e u~¢fl~-ons~~~Sr~zing Freese ~ Nichols to begin engineering for liquid alun and sodiun hydroxide facilities at the Water Treatment Plant. Utilities Director Bob Nelson briefed the Council. Motion was made by Vela, seconded by Hensley to authorize Freese ~ Nichols to begin engineering for liquid alun and sodium hydroxide facilities at the Water Treatment Plant. Motion carried. 20. The Council considered payment to Freese & Nichols for work done on the proposed landfill sites. Public Works Director Rick Svehla briefed the Council. Motion was made by Stewart, seconded by Hensley that payment in the amount of $3,718.S2 be approved to Freese & Nichols for work done on the proposed landfill sites. Motion carried. 21. The Council considered authorizing the City Manager to execute an agree- ment with LWFW, Inc. to perform a financial feasibility study of the Afforey Reservoir. This project will be jointly funded by the City of Denton and the City of Dallas. City Manager Chris Hartung briefed the Council, stating that the City of Dallas would pay 74% and Denton would assume 26% of the cost. Motion was made by Stephens, seconded by Hensley to authorize the City Manager to execute an agreement with LWFW, Inc. to perform a financial feasibility study of the Aubrey Reservoir. Motion carried. 22. Consideration of a report on the recently organized Texas Public Power Association was postponed for one week. ~ September 4, 1979 Continued 25. The September 11, 1979 Study Session Agenda was set. 24. CONSENT AGENDA: Motion was made by Stewart, seconded by Vela that the following Consent Agenda be approved. Motion carried. (A) BIDS/PURCHASE ORDERS: (1) Bid #86?5, truck and hole digger, awarded as follows: Item 1, truck cab and chassis to Banner Chevrolet in the amount of $18,933.22, FOB Denton. Item 2, hole digger to Dunham Manufacturing in the amount of $S5,499.32 plus $4,000.00 for an optional 10,000 pound front mounted winch, FOB Denton. (B) Purchase Order #40281 for the purchase of a sewage p~mp was approved to Southern Engine and Pomp Company in the amount of $4,189.00. 25. The Council recessed into Executive Session at 12:10 a.m. to discuss legal matters, real estate, personnel and board appointments. 26. The Council reconvened into Public Session at 1:34 a.m. to announce the following board appointments: Flow Memorial Hospital Board Dr. Alex Finlay E. A. Wyatt Motion was made by Hensley, seconded by Stewart that the above board appointments be approved. Motion carried. Meeting adjourned at 1:45 a.m. MAYOR city council 2 5 5 September 11, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, September 11, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Bart Solomons and City Secretary Brooks Holt. 1. The Council considered a proposal by Dr. Charldean Newell and Dr. James --- Glass to provide consulting services free of charge to the City on the "Denton 80's" project. Dr. Glass advised that the program would assist the City and give students experience. Goal setting will be the primary goal, and he said they hoped to complete work in mid November. Mayor Pro Tem Stephens--A Steering Co~nittee will be appointed, and a program in the Co~nunity Building will be open to all citizens to discuss goals. Motion was made by Stephens, seconded by Nash to accept the consulting services proposed by Drs. Newell and Glass. Motion carried. ~ 2. The Council considered the disposition of City/County jointly funded ~j projects. ~ Assistant City Manager King Cole briefed the Council as follows: [A) The County is cutting Library funding to $34,847.50. This is a cut of approximately $99,000. [B) The above cut will require different policies for the Library. (1) The City's contract with the County for funding of the -- Library may have been broken by the County's failure to give 6 months notice of intent to terminate. [2) The County owes $S6,983.06 to the City of Denton for the current fiscal year for their share to Emily Fowler Library. (3) In order for Emily Fowler Library to remain a member of the Texas State Library System there are certain require- ments for adequate funding. (4) If the City of Denton receives any funds from the County for support of the Library, full service must be given to County residents. Cole asked for direction from the Council. Librarian Joella Orr--Some city libraries charge County residents a fee for take out material. Council Member Vela--Would the Library function well as a City Library? Motion was made by Nash, seconded by Hensley to reject the $35,000 check from the County for the Library, transfer approximately $8S,000 proposed for Flow Hospital to the Library to make up the reduction in County funds for the Library and adopt a library user fee for patrons living outside the corporate limits. Motion carried 5 to 2. The Council concurred to place the above matter on the emergency agenda next Tuesday, September 18, 1979. 3. The Council considered the request of Wade B. Owen for water service outside the City limits. After a briefing by Utilities Director Bob Nelson, stating that the Utilities Board had approved the request, motion was made by Stewart, seconded by Vela to approve the request of Wade B. Owen, but Mr. (~ven is to bear all costs for the line extension. Motion carried. ~5t~ September 11, 1979 Continued 4. The Council considered a report on the 1979-80 Capital Improvements Plan. City Planner John Lavretta reviewed the 1979-80 Capital Improvements Plan and the recommended projects through 1983-84. Lavretta requested a public hearing on the 1979-80 plan for next week. Motion was made by Stewart, seconded by Stephens to hold a public hear- ing next Tuesday, September 18 on Capital Improvements. Motion carried. S. The Council considered a report on the updated fire hydrant system. City Manager Chris Hartung briefed the Council and requested that the Utilities Director give additional information. Utilities Director Bob Nelson and Administrative Assistant Bob Fiorini both spoke. Fiorini showed several maps relative to fire hydrants in the City and the area served by each hydrant. He added that SO0 feet radius circles were drawn around each fire hydrant on the maps to demonstrate the adequacy of fire protection in given areas throughout the City. No action was necessary. 6. The Council considered a report on the recently organized Texas Public Power Association. City Manager Chris Hartung briefed the Council, stating that historically the municipal electric systems in Texas have not had to concern themselves exten- sively with legislative issues since electric systems and especially municipal systems were not under state regulations. Under the Home Rule concept and with City Charters provisions the citizens of each city could handle their regulatory problems within the city. During the last two legislative sessions, however, many legislative bills have been introduced that severely affect municipal electric systems. Utilities Director Bob Nelson advised that a Certificate of Incorporation was filed in June by the Texas Public Power Association. Dues will run $5,000 to $6,S00 per year. Motion was made by Vela, seconded by Hensley to join the Texas Public Power Association. Motion carried. 7. The Council considered adopting an ordinance amending the zoning map on the southern portion of Lot 8, Block 187-2 and containing approximately 486.9 feet of land from Agricultural District to Light Industrial District. The following Ordinance was presented: ORDINANCE #79-71 (Tom Jester Z-1393) 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 APPROXIMATELY 2.8 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 ~s made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 8. The Council considered a staff report on coim~Lunity planning efforts. City Planner John Lavretta gave the following: (A) Purpose of the planning efforts. (B) Background of currently proposed neighborhood study. (C) Coordination with proposed Denton "80's" Committee. (D) Suggested joint meeting with the Planning and Zoning Commission. The Council concurred to bring back the matter at the September 25 meeting. September 1i, 1979 Continued 257 9. The Council considered the amended Airport Contract with Aerosmith Denton Corporation. Dr. John Carrell, Airport Board Member, pointed out three additions to the contract. The matter of ownership o£ the buildings in the contract ~as questioned. Mayor Nash--"Let's get the contract decided." He suggested that the matter be tabled. Motion was made by Nash, seconded by Stewart to table the matter until the next meeting. Motion carried. 10. The Council recessed into Executive Session at 10:45 p.m. to discuss legal matters, real estate, personnel and board appointments. 11. The Council reconvened into Public Session at 12:28 a.m. to announce that no of£icial action was to be taken. Meeting adjourned at 12:50 a.m. September 12, 1979. City Council September 18, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, Sept- ember 18, 1979 at ?:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Stewart, Vela and Hensley; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. PUBLIC HEARINGS: (A) The Council considered approval of the Capital Improvement Plano The City Manager briefed the Council. The Mayor opened the public hearing. No one spoke, so the public hearing was closed. Motion was made by Vela, seconded by Hensley to approve the Capital Improvement Plan. Motion carried. 2. The Council considered the request of Gary Stuckey regarding a permit to sell snowcon~ from a ~t~k on City streets. M~~'~bY Hensley, seconded by Stephens to approve the request of Mr. Stuckey. Motion carried. 3. The Council considered the matter of parking on the downtown square. Bill Keith, square merchant, was conce{-ned about the lack of ticketing motorists who park overtime. Acting City Attorney Burr Solomons advised that the. City is working on increased enforcement and that tickets are expected to be computerized. He added that the City hopes to have a better system soon. 4. The Council considered a request by Dawn Chapman, representing the Women's Services Project of the Denton Area Crisis Center. Dawn Chapman and two staff members of the Women's Services Project for battered spouses and abused children requested funds for the project from the City. She was referred to the Human Resources Advisory Committee. 5. The Council considered a recommendation by the Public Utilities Board for an Electric Power Supply Study. Jim Nash of the Utilities Board said that when power alternatives were studied by Gilbert and Associates, several of these alternatives were eliminated by the then City Attorney. He advised that the Utilities Board was not concerned whether power alternative is legal or not, adding that the Board did want all alternatives investigated and that legal ramifications can be reviewed later. He asked for approval to consider Gilbert and Associates to finish the study. Utilities Director Bob Nelson advised that the money was set aside for possible studies. Motion was made by Hens!ey, seconded by Nash to hire Gilbert and Associates as power supply study consultants. Hensley and Nash withdrew their motion after Council Member Stewart said he would like to see some proposals. Both Stewart and Vela expressed a desire to obtain proposals from other consultants. Motion was made by Vela, seconded by Stewart to accept the recommendations of the Utilities Board (see below), and to contact consulting firms by phone as suggested by the City ~,~anager. Motion carried. Recommendations by Utilities Board The study should specifically investigate the following alternatives: (A) Continued expansion of wholly-owned generation facilities by September 18, 1979 Continued -- 259 re~owering existing two 60 ~ units with gas turbines in 1983 and a new combined cycle unit on fuel oil in 1986. (B) Purchase share in major companies, planned units of other Texas Utility (C) Participate in Texas and planned. Municipal Power Agency as presently executed (D) Sale of existing facilities and assets to an investor-owned Utility. (E) Purchase power from members of the Texas Interconnected System; (F) Other alternatives such as Solar, HYdroelectric, Wind, Bio-Mass, Solid Waste, etc. Additionally, Gilbert Management Consultants should be considered a prime candidate for such study, insofar as they formulated the last study, but that other consulting firms should also be considered. 6. The Council considered an appearance by representatives of "Denton Cares" relative to the Public Utilities BOard%s recommendation for an F. lectric Power Supply Study. The Representative said that "Denton Cares": (A) Supports the Public Utilities BOard's recommendation for a power supply study. lB) Is interested in alternative energy sources such as wind and solar. [C) Supports the concept of analyzing and promoting energy conservation. 7. The Council considered an apPearance by Linda Platt relative to funding for the Denton County Health Unit. Ms. Platt, a nurse and Jo Montague Pr ' Voters were concerned about ade ......... '_ es~dent of T ~, r.~ ....... ,~L~ runc~ng ~or th ~... ~._h-.~gu_~ uz Women Both stated that services will be curtailed deeply if funds are not restored. e ~/-uuun~y Health Unit. 8. ORDINANCES: (A) The Comcil considered for fiscal year 1979-80 and the revised budget for fiscal year ~78-~9. adopting an Ordinance approv'ng the budget In discussing passage of adoption of the budget Ordinance motion was made by Stephens, seconded by Vela to rescind the motion relating to the funding of Flow Hospital and the En~ily Fowler Public Librar~ adopted at the September 11 meeting, and to offer in its place a motion to continue joint funding at practical levels, and that the City Council continues joint funding at practical levels with the following conditions: ,9 allocates to Flow Hospital $99,$65, which is amount budgeted for the current year. (2) The County Cor~nissioners Court allocates to the Emily Fowler Library $109,347, which is $15,000 less than the amount budgeted for the current year. [S) The Council and the Com' . ' mombers to a ~,-~,~- · _ 1SSloners Court ~- - . ~-~"F~lenS1Ve p'lo~,..;~ _ ureate and ~n~o4-~ out annually a formula for funding ~aczng Soard to work cooperative projects of the Co~issicmers Court and the City Council. The BOard would be com- posed of seve~ [7) members, with three (3) members appointed by the Commissioners Court and three [3) members appointed by the City_. C°t?cil3 and the seventh member · membershJ? wh~ wo,,~ .... appointed b% h~ ~ ........ ~ >~rve as chairman ~,,~,,k.?~.°ua~.'a. outsxae of its except in the case of a tie. -~,~u~ one right to vote Motion carried with 3 "ayes" and 2 "nays" i~pirit of cooperation W~Jch is so vital to the welfare of all citizens of the o · "This motion is given in tile ~ounty of Denton and the ~' the bickerin~ tha* ~ .... c.~..~y.of Denton. The time has arrived to put an end to remain o ~ ~a~ alvlaed these two bodies of this co~nunity, tf we do not said.', together, the citizens will wind up paying more and receiving less, Stephens 6 0 September 18, 1979 Continued The City Manager briefed the Council, thanking members for their help received in preparing the budget. He added that the budget is a no tax increase budget with no increase of utility rates. The following Ordinance was presented: ORDINANCE #79- 72 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1979, AND ENDING ON SEPTEMBER 30, 1980; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPT~4BER 30, 1979; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Stewart that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) The Council considered the following Ordinance establishing the 1979-80 tax rate of $1.24 per $100 valuation to provide for General Fund oper- ation and General Debt Service: ORDINANCE #79-73 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1979, AT THE RATE OF $1.24 PER $100.00 ASSESSED VALUATION ON BI.l. TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1979, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Stewart that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. _ (C) The Council considered the following Ordinance establishing a uniform rate for sanitation collection fees at $4.15: ORDINANCE #79- 74 AN ORDINANCE AMENDING CHAPTER 12 "GARBAGE, TRASH AND WEEDS", SECTION 12-5, SECTION 12-19(b) AND SECTION 12-20(c) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY PROVIDING NEW RATES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVER- ABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (D) The Council considered the following Ordinance amending Chapter 9 Article III %~ster and Journeyman Electrician", Sections 9-29, 9-30, 9-30.1, 9-32 and 9-35 and 9-31 ORDINANCE #79-75 AN ORDINANCE ~%MENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE III, '~"vASTER AND JOURNEYMAN ELECTRICIAN~', SECTIONS 9-29, 9-30, 9-30.1, 9-31, 9-32, AND 9-35; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALI~f THEREFOR AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. (E) The Council considered adopting the following Ordinance disannex- ing approximately 77 acres of ].and owned by the M. T. Cole Trust located south of the Denton Municipal Airport: ORDIMa2qCE ~79-76 (M. T. Cole Trust) ~N ORDINANCE OF THE CITY OF DENTON, TEXAS~ DISANNEXING CERTAIN PORTIONS OF LAN]] AS A PART OF THE CITY OF DF~NTON; AND DECLh2ING ;~N EFFECTIVE DATE. September 18, 1979 Continued ~otion was made by Stewart, seconded by 2~1 passed. On roll call vote Vela "aye", Nash that the Stewart "aye", Ordinance be "aye" and Nash "aye". Motion carried. Hensley "aye", Stephens 9. RESOLUTIONS: (A) The following Resolution authorizing the purchase of a tract of land for improvement to Pecan Creek from A. M. McDade in the amount of $800 was presented: AT A REGULAR MEETING OF THE CITY'COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE r- NUNICIPAL BUILDING OF SAID CITY fin THE 18TH DAY OF SEPTEmbER, 1979. R-__E SOL UT I ON ~HEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and .k~ERF~S, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and bS~EREAS, the City of Denton and owner of said parcel, A. M. McDade, agree that a CO consideration of $800.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, T T: ~ 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton. 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 H. Sisco Survey, Abstract No. 1184, and also being part of a tract of land as conveyed from M. C. Sheppard to A. M. McDade and wife, Beulah ~/cDade by deed dated June 9, 1951, and recorded in Volume 370, Page 580 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 44.57 feet south, more or less, of the southeast corner of A. M. ~{cDade lot and the northwest corner of the C. p. Reed lot; THENCE south with the west boundary line of C. p. Reed's lot, 163.45 feet, more or less to C. p. Reed's southwest corner in the south boundary line of H. Sisco Survey; THENCE west with the south boundary line of Sisco Survey, 65.0 feet to the south- east corner of Floyd McCoy lot; THENCE north with the east boundary line of said McCoy lot, passing his northeast corner at 60.0 feet, and continuing in all 16S.8S feet, more or less, to the south- west corner of the City of Denton, Texas easement as conveyed to the City by A. M. ,~4cDade on July 26, 1978 and in the east boundary line of a lot conveyed to ~V. NI. Smith; THEa~CE east with the south boundary line of the City of Denton easement, 65.5 feet to the place of beginning and containing 10,701.35 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay A. M. McDade as owner of said described Property, consideration in the amount of $800.00 put- :base price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its !:assage and approval in accordance with the provisions of the Denton City Charter. .... oED AND APPROVED this the 18th day of September, 1979. /s/ CITY OF DENTON, TEXAS ~"~ September 18, 1979 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY A~TORNEY, CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) The following Resolution authorizing the purchase of a tract of land for improvement to Pecan Creek from Burnett Flemings, et ux in the amount of $1,100 was presented: AT A REGULAR ~v~.ETING OF THE CI%% COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF SEPTEMBER, 1979. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Burnett Flemings and wife, Loretta Flemings, agree that a consideration of $1,100.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~NTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton. Ail 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 H. Sisco Survey, Abstract No. 1184, and also being part of a tract of land as conveyed from M. D. Sheppard to Burnett Flemings and wife, Loretta Flemings by deed dated April 23, 1970 and recorded in Vol~ne 601, Page 379 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point 205.76 feet, more or less, south of the northwest corner of Burnett and Loretta Flemings tract and said point also being in the west boundary line of said tract; TH~CE south 87 degrees 52 minutes 08 seconds east a distance of 28.92 feet to the beginning of a curve to the left, said curve having a central angle of 91 degrees 49 minutes 40 seconds, radius of 117.86 feet, tangent of 121.68 feet; THENCE northerly along said curve, an arc distance of 188.89 feet to a point; THENCE north 0 degrees 18 minutes 12 seconds east a distance of 58 feet to a point for a corner in the center of an existing branch, said center of branch being the east boundary line of said tract; THENCE in southerly direction with the centerline of the existing branch to a point in the south boundary line of the H. Sisco Survey, said point also being n~e south boundary line of the Flemings tract; ~NCE west with the south boundary line of H. Sisco Survey, 150 feet, more or less, to a point for a corner, said point being the southwest corner of the Flemings tract; September 18, 1979 Continued THENCE north $2.24 feet, more or less, along the east boundary line of C. P. Reed tract to the place of beginning and containing approximately 4,550 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Burnett Flemings and wife, Loretta Flemings as owner of said described property, consid~ eration in the amount of $1,100.00 purchase price, plus any other necessary and reasonable costs of closing. 5. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED THIS 18th day of September, 1979. /si BILL NASH, MAYOR ~ ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS 0O APPROVED AS TO LEGAL FORM: /si CITY OF DENTON, TEXAS ~otion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", "aye" and Nash "aye". ~otion carried. Vela "aye", Stephens (C) The following Resolution authorizing the u . land for improvement to Pecan Creek f ~ e~A_ b~ ,~ p rchase of a tract of the amount of $3,800 was presented: rom _..~ o,~eppa~u/uarrow estate (Tract 1) in AT A REGULAR MEF. TING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE 5fONICIPAL BUILDING OF SAID CITY ON TH~ 18TH DAY OF SEtrFEMBF~R, 1979. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and .WHEREAS, the City Council of the City of Denton is of the opinion that the best · nterest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Mrs. Lorene Sheppard Darrow, Mrs. Lura S. Moore, Mrs. Jasmine S. Smoot, and Mrs. Lillian S. lVoods, heirs of the Sheppard/Darrow Estate and Robert B. Iioodin, Co-Trustee, agree that a consid- eration of $3,800.0O is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNDIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: FIRST TRACT (~EST TRACT) Ail that certain lot, tract or parcel of land lying and being sitUated in th~ H. Sisco Survey, Abstract No. 1184, Denton County, Fexas, being part of a 36.57 acre tract conveyed by Meredith Taylor to M. C. Sheppard on 5.{ay 16, 1945, and recorded in Volume 315, Page 83, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at the intersection of the north boundary line of Prairie Street with the west boundary line of ~iood Street, also being north 0 degrees 58 minutes 10 seconds east 94.45 feet and north 87 degrees 44 minutes 35 seconds west 182.74 feet from the southeast corner of said 36.57 acre Sheppard Tract; September 18, 1979 Continued THENCE north 87 degrees 46 minutes 35 seconds west with the north boundary line of Prairie Street 242.7 feet to a comer in the middle of a branch, also being the southeast comer of a tract deeded by M. C. Sheppard to Sherman Byrd; THENCE north 15 degrees 02 minutes 50 seconds east with said branch 56.69 feet to a corner; THENCE north 22 degrees 41 minutes 40 seconds east with said branch 119.2 feet to a corner; THENCE north 57 degrees 26 minutes 20 seconds east with said branch 119.5 feet to a corner at the northeast corner of a tract deeded by M. C. Sheppard to Sherman Byrd; THENCE south 74 degrees 15 minutes 50 seconds east 124.1 feet to a steel pin on the west boundary line of Wood Street; THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Wood Street 255.97 feet to the place of beginning and containing in all acres of land. SECOND TRACT (EAST TRACT). All that certain lot, tract or parcel of land lying and be±rig situated in the H. Sisco Survey, Abstract No. 1184, Denton County, Texas, being part of a 56.57 acre tract conveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded in Volume 515, Page 85, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at the southeast comer of said 56.57 acre tract on the south boundary line of the H. Sisco Survey; THENCE north 87 degrees 42 minutes 50 seconds west 190.0 feet to a steel pin near a fence on the south line of said tract and said survey line; THENCE north 2 degrees 01 minutes 50 seconds east with the east boundary, line of' Wood Street 271.95 feet to a steel pin at Pecan Creek; THENCE south 74 degrees 15 minutes 50 seconds east 136.42 feet to a steel pin on the east boundary line of said 56.57 acre tract; TBENCE 1 degree 58 minutes 10 seconds west with the east boundary line of said 56.57 acre tract 586.51 feet to the place of beginning and containing in ali 2.290 acres of land. 2. The City of Denton is hereby further authorized to pay the above listed heirs of the Sheppard/Darrow Estate as o~ner of said described property, consideration in the amount of $5,800.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 18th day of September, 1979. /s/ BILL NASH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ SURT R. SOLOMONS, ACTING CITY ATTORNEY CiTY OF DENTON, TEXAS ~otion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. September 18, 1979 Continued (D) The following Resolution authorizing the purchase of a tract of land for improvement to Pecan Creek from the ShepPard/Darrow estate (Tract 2) in the amount of $9,000 was presented: ~ES eL UT I ON AT A REGULAR ~fl~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TF~Y~AS, HELD IN THE ~JNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF SEPT~4BER, 1979. WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and .WHEREAS, the City Council of the City of Denton is of the opinion that the best znterest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHERFAS, the City of Denton and owne · Mrs. Lura Moore, Mrs. Jamina .q c__~r, of s.a~d parcel Mr ...... ~,,ouc and ~o · -..: s. Lorene Sheppard Darrow, Sheppard/Darrow Estate and blt. Robert B. Woodin, Co-Trustee, agree that a consid- ......... ~l~an S. ~oods, heirs of the eration of $9,000.00 is a fair and agreed value of such described property; NOlg, THEREFORE, BE IT RR~OLVED BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare Ct) documents are necessary te complete the transfer of property so whatever legal ~ from the owner thereof ~ the City of Denton: Iii described below ~ FIRST TRACT (EAST TRACT). All that certain lot, tract or parcel of land lying and <[ 5e~ng situated in the H.-Sisco Survey, Abstract No. 1184, Denton County, Texas, being part of a 36.57 ac~e tract conveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded in Volune 315, Page 83, Deed Records of Denton County, Texas, and being more Particularly described as follows: BEGINNING at a steel piaat the southeast corner of Lot 7, Block 3, Solomon Hills Addition said corner a/st being north 1 degree 58 minutes 10 seconds east 1086.8 feet from the southeast m~rner of said 36.57 acre Sheppard Tract; THENCE south 1 degree $8~inutes 10 seconds west with the east boundary line of said 36.57 acre tract 50~.29 feet to a steel pin; THENCE north 74 degrees l~ minutes ~0 seconds west 136.42 feet to a steel pin on the east boundary line c~:Wood Street; THENCE north 2 degrees ~ minutes 50 seconds east with the east boundary line of Wood Street ad distance ~ 468.07 feet to a steel pin at the southwest corner of Lot 7, Block 3, Solomon ~lls Addition; THENCE south 87 degrees .~. minutes I0 seconds east with the south boundary line of Lot 7, Block 3, Solc~on~lls a distance of 132.0 feet the place of beginning and containing in all 1.470 t~res of land. SE___COND TRACT (WEST ~ Ail that certain lot. tr and being situated m tI~-H. Sisce Su*- ....... ' act or parcel of land lying ' ~y, ~(ostract No. 1184, Denton County., Texas, being part of a 36.$? ac~ tract comreyed by Meredith Taylor to 34. C. Sheppard on May 16, 1945, and records[ in Volume 315, Page 83, Deed Records of Denton County, Texas, and being more P~ticularly described as follows: BEGINNING at a steel pina.t the southeast corner of Lot 1, Block 4, Solomon Hills Addition, said corner b~g north 1 degree 58 minutes 10 seconds east 963.7 feet and north 86 degrees 50~1- utes west 182.17 feet from the southeast corner of said 36.57 acre Sheppard Tr~c~ '[I-IENCF. south 2 degrees ~minutes $~ seconds west with the west boundary line of Wood Street 336.27 feet.~ a steel pin near the south bank of Pecan Creek; THENCE north 74 degrees-~.minutes 38 seconds west and passing at 124.1 feet the northeast corner of a troT. deeded ~ M. C. Sheppard to Sherman Byrd and continuing with a fence a total dis~lce of 352~1 feet to a steel pin at a fence corner on the south bank of Pecan Cre~ September 18, 1979 Continued ~ENCE north 70 degrees 42 minutes 30 seconds west with the southwest bank of Pecan Creek 170.48 feet to a steel pin at the southern most northeast corner of a 1.737 acre tract deeded by Sheppard to Kuykendall; THENCE north 44 degrees 39 minutes 40 seconds west with the west bank of Pecan Creek and Kuykendall tract 93.2 feet to a steel pin THENCE north 20 degrees 42 minutes 40 seconds west 96.3 feet to a steel pin; THENCE 6 degrees 36 minutes 50 seconds east 107.0 feet to a steel pin at the northern most northeast corner of said 1. 737 acre Kuykendall tract; ~ENCE north 82 degrees 27 minutes 50 seconds west 22.88 feet to a steel pin on the north boundary line of said Kuykendall tract and the southeast corner of a tract deeded by Etta Sheppard to Locklin, recorded in Volume 543, Page 661, Deed Records; THENCE north 1 degree 37 minutes 40 seconds east with the east boundary line of said Locklin tract 179.74 feet to a steel pin on the south boundary line of Sycamore Street; THENCE south 87 degrees 38 minutes 50 seconds east with the south boundary line of Sycamore Street 225.48 feet to a steel pin at the intersection of the south boundary line of Sycamore Street with the west boundary line of Crawford Street; ~NCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Crawford Street 89.92 feet to a steel pin; THENCE south 86 degrees 50 minutes east with the south boundary line of Sycamore Street 50.0 feet to a steel pin at the northwest corner of lot 13, Block 4, Solomon Hills Addition; THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Lot 13, Block 4 a distance of 140.0 feet to a steel pin at the southwest corner of Lot 13, Block 4; THENCE south 86 degrees 50 minutes east 350.0 feet to the place of beginning and containing in all 4. 906 acres of land. 2. The City of Denton is hereby further authorized to pay the above listed heirs of the Sheppard/Darrow Estate as owner of said described property, consideration in the amount of $9,000.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accord~mce with the provisions of the Denton City Charter. PASSED AND APPROVED this the 18th day of September, 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 8URT R. SOLOMONS, ACTING CITY ATTORNEY ~!TY OF DENTON, T~XAS Motion was made by Hensley, seconded by Stephens that the Resolution be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". ~otion carried. September 18, 1979 Continued 2 ;7 (E) The following Resolution approving a depository agreement for a term beginning October 1, 1979 and ending September $0, 1981 was presented: AT A P~EGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF SE~ER, A.D. 1979. RE S 0 L UT i O~i WHEP~EAS, the City of Denton has notified all the banking institutions within the City of its intent to receive bid applications for the custody of city funds for a term beginning on October 1, 1979, and ending on September 30, 1980; and WHEREAS, the City of Denton has received bid proposals from banking institutions within the City desiring to be designated as a depository of city funds; and WHERF2%S, the said bid proposals were opened on this the 18th day of September, 1979, and examined by the City Council; and WHEREAS, after such opening the City Council found on the basis of the bid .proposals that First State Bank of Denton, Texas has submitted the proposal offer- Lng the most favorable te~ns and conditions to the City for the handling of such funds. 00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: S_ CT ON 1. 1. That First State Bank of Denton, Texas is hereby selected and '~ designated as the depository for city funds for a term beginning on October 1, ~ 1979 and ending on September 30, 1980. 2. That the proposal of said institution having its office and place of business in the City of Denton, Texas, shall be attached hereto and made a part hereof, and the same is hereby in all things accepted. 3. That this Resolution shall be effective immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the 18th day of September, A. D. 1979. /s/ ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY -- CITY OF DENTON, TFJAS APPROVED AS TO LEGAL FORM: /s/ Motion was made by Vela, seconded by Stewart that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye" Stephens "aye" and Nash "nay". M~tion carried 4 to 1., Mayor Nash indicated concern with only one bidder. He stated that the Council should receive and open the bids for bidding for depository. 10. The Council cc~sidered the preliminary engineering recommendation for the Robertson Street overpass. City Planner John Lavretta briefed the Council, stating that the Staff reviewed the design and .~reliminary cost estimates, and feel they are reasonable. The Staff is lookin~ for ways to handle traffic flow during construction When there is a train in the area. He recommended that the preliminary design be adoot- ed and Schoell and Fie/ds be authorized to begin the final design phase.~ September 18, 1979 Continued Bob McFarland, representing the firm stated that"we have dealt with problems with difficult solutions. We are moving the bridge farther away from the drainage ditch, and we plan a temporary tressel." He concluded by stating that plans should be available three weeks from next Friday for review. Motion was made by Stephens, seconded by Stewart to authorize Schoell and Fields to begin the final design, based on the preliminary design proposed. Motion carried. 11. The Council considered approving the renegotiated contract with Aerosmith Denton Corporation. Gene Wright, Airport Board Chairman, recommended approval of the contract. Motion was made by Stephens, seconded by Hensley to approve the 1979 contract. Motion carried 3 to 2 with Vela and Stewart voting "nay". Motion was made by Nash, seconded by Hensley to delete funds for an Airport Ymnager. On roll call vote Vela "naS', Stewart "naS', Hensley "aye", Stephens "nas' and Nash "aye". Motion failed 2 to 3. Both Vela and Stewart spoke against deletion of an Airport Manager.-- 12. The Council considered instituting annexation proceedings concerning the request of Mr. John Stout, (Bethel Temple Church Z-1413) Motion was made by Vela, seconded by Stewart to approve initiating annex- ation proceedings, the request of John Stout for Bethel Temple Church on the south side of Highway 380, south of Ranch Estates. Motion carried. 13. The Council considered awarding bids for Fire and Extended Coverage Insurance, Bid #8681. Motion was made'by Hens~ey, seconded by Stephens to award the bid for Fire and Extended Coverage Insurance to Jim Watson and Denton Insurance Center through Floyd West Insurance Company at a 37½% discount from effective average state rates. Motion carried. 14. The Council considered establishing a Council policy on conflict of interest. Council Member Vela requested postponment of this item for the next meeting or the one after that. IS. The Council set the September 2S, 1979 Study Session Agenda. 16. CONSENT AGENDA: Mayor Nash stated that he was abstaining on item B-Plats, final plat of Oakhill Addition, since he did engineering work, and requested that it be removed from the Consent Agenda. Motion was made by Stephens, seconded by Hensley that the following Consent Agenda be approved with item B-Plats removed. Motion carried. (A) REFERRALS: The following petition was referred to the Planning and Zoning Commission for its rec~endation: (1) Z-1416, the petition ofMr. Jerry Cheatum, requesting a change in zoning from General Retail (GR) to Multi Family Restricted ~-R) classification on 5.59 acres located northwest of the intersection of Hercules Lane and Stuart Rd. 17. The Council considered the final plat of the Oakhill Addition. Motion was made by Hensley, seconded by Stephens that the final plat of the Oakhill Addition be approved. Motion carried with Nash abstaining. September 18, 1979 Continued 18. The Council recessed into Executive Session at 10:15 p.m. to discuss 269 legal matters, real estate, personnel and board appointments. 19. The Council reconvened into Public Session at 11:00 p.m. to announce the following board appointments: Communit Develo ent Adviso Comittee Lovie Price Johnny Cole Betty Kimble Jo Luker Larry Harberson Human Resource Advisor), Committec Richard Taliaferro (ex officio) Mark Miller (ex officio) Plumbing and Mechanical Code Board Elizabeth Garrett (alternate) Cable Ti Advisory Board Larry Gleason Motion was made by Vela, seconded by Hensley that the above board appoint- ments be approved. Motion carried.. Meeting adjourned at 11:05 p.m. City Council and Planning and Zoning Commission September 25, 1979 Special Called Joint Meeting of the City Council and the Planning and Zoning Commission of the City of Denton, Texas, Tuesday, September 25, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Council: Mayor Nash, Mayor Pro Tern Stephens, Members Stewart and Vela; ~-i~y Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. Planning & Zoning Commission: Lennie McAdams, Richard Taliaferro, Robert La Forte', Andy 'Sidor and Marilyn Gilchrist. ABSF3~: Council: Hensley; P & Z: Don Ryan and Bill Brady. JOINT ~MF. TING OF THE CITY COUNCIL AND THE PLANNING AND ZONING CO~4ISSION: 1. Comprehensive long range planning was discussed. The purpose was to explore alternatives concerning recently discussed needs to improve the City's Land Use Plan. The meeting was an opportunity to begin discussion on review of a Land Use Plan. Steve Fanning, Planning Staff member, reviewed the land use study done by the Cities of Mesquite and Rockwall. He presented three methods for land planning and recommended full scale citizen approach. M~ETING OF THE CITY COUNCIL: 1. The Council cgnsi~pred a grant offer from FAA for a runway and taxiway overlay. ~, ~~~ . Ass~~y~~g Cole briefed the Council. Motion was made by Vela, seconded by Stewart to accept the FAA grant. as recommended by the City Staff. Motion carried. 2. Frank Medanich of The First Southwest Company briefed the Council on Certificates of Obligation. He advised that costs not covered by the grant amounted to $162,800. These funds will be obtained through Certificates of Obligation. 3. The Council considered awarding bids on the Airport taxiway and runway overlay. Mr. I. C. Finklea, Consulting Engineer, advised the Council that Marriott Brothers of Dallas submitted 'the Iow bids as follows: Section 1 .... $536,904.70 Sections 1 & 2----$735,347.20 Sections 1,2 & 3 .... $995,998.20 Finklea recommended that Marriott Brothers be awarded Section 1 plus Section 2 which included work on the runway and taxiway and that Section 3 which included the aircraft parking apron be awarded subject to the City having been notified that Federal funds will be available prior to December 1, 1979. Motion was made by Stewart, seconded by Vela to award to Marriott Brothers Sections 1 and 2 and award Section 3 when funds are available. Motion carried. 4. The Council considered the following Ordinance authorizing the issuance of Certificates of Obligation for Airport improvements: ORDINANCE #79-77 ORDINANCE AUTHORIZING T~ ISSUANCE OF CERTIFICATES OF OBLIGATION Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. September 25, 1979 Continued 271 5. The Mayor read a Proclamation honoring Roy and Earl Landers, Charter Members of the Police Reserve, who have served for 20 years on the Force. 6. The Council considered requests from Denton citizen groups for use of the old Post Office Building. Bullitt Lowry, representing The Historical Society, and Jim Johnson, representing The Greater Denton Arts Council, requested that the Arts Council be allowed to rent or lease the old Post Office Building. They stated that 24 organ- izations were involved. The matter of rent or lease payment was discussed. Lowry suggested a payment in lieu of taxes, and that the group could serve as managers and coordin- ators of the building. The matter of upkeep of the building was also discussed. The City Manager stated that the City needed a specific proposal and that other groups could present their case to the Council also, and that the Planning Department will work with these groups. Motion was made by Vela, seconded by Stephens that the City Manager and Staff work with the various groups to determine what can be done to work out a satisfactory plan. Motion carried. 7. The Council received a report and considered further action on Panhandle- Egan alley. Administrative Assistant Bill An~elo gave a comprehensive report with the aid of color pictures to show the condition of an alley between Panhandle and Egan He pointed out the drainage problems involved as well as the presence of leakages at a water meter in the alley and inadequate sewer. He pointed out that improve- ments of the alley are included on the 1983-84 Capital Improvements Plan. Two citizens spoke relative to the matter discussed by Mr. Angelo. 8. The Council considered a contract with Sally Erdman for a bird control program. The proposed budget for this program includes $6,000 consulting fee for Its. Erdman at $500 per month, plus*costs for clow gun shooters and miscell- aneous expenses, for a total of $11,444. %~tion was made by Vela, seconded by Stewart to approve the contract with Ms. Erdman for a bird control program. Motion carried. 9. The Council considered a contract with the Denton Housing Authority for administration of the rehabilitation program. City Planner John Lavretta briefed the Council, stating that the Housing Authority would handle the Housing Rehabilitation Program at a total cost of $26,100. He added that the Housing Authority has adequate office space on Coronado Street to administrate the operation. Motion was made by Stephens, seconded by Vela to enter into a contract with the Denton Housing Authority for administration of the rehabilitation program. Motion carried. 10. The Council considered final plans and specifications for the animal shelter and authorizing the City Manager to go out for bids. Motion was made by Stewart, seconded by Stephens to approve the final plans and specifications for the animal shelter as recommended by the Staff. ~btion carried. 11. The Council considered recovering agricultural lease funds from the Airport. Council Member Stewart stated that Aerosmith should return monies to the City that Aerosmith received through lease of agricultural land on the Airport. September 25, 1979 Continued Gene Wright, Chairman of the Airport Board, stated that at the August 14, 1979 meeting of the Airport Board, there was a motion made and seconded that the subject of agricultural lease monies which is settled in the revised contract is considered to be moot. Wright added that the matter needs to be layed to rest. He stated that the new contract will mean much more funds from the Airport ~ ~ to the City. Dr. Carrell, Airport Bd. Member, also spoke relative to the above motion. Motion was made by Stephens, seconded by Nash to refer the matter to the Airport Board for a formal report to the Council. Motion carried 3 to 1. Mayor Nash pointed out that the contract has been signed with Aerosmith and if the City goes to Court the City can either win a suit or lose money. Wright said that the Board will present a detailed report to the Council, but this will lead to no conclusion. 12. The Council considered the following Resolution approving the 1979 assessment and tax rolls: AT A SPECIAL ME, ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF SEPTt~4BER, A.D. 1979. RESOLUTION WHEREAS, the Assessment Rolls of the City of Denton for the year 1979 assessing property for City purposes have been prepared in due course; and WHEREAS, the Board of Equalization of the City of Denton has carefully examined and given hearings to the owners of property desiring to be heard on protests of valuation and has reviewed and fully and finally revised said assessment rolls; and WHEREAS, the Board of Equalization has cempelted its work and certified its appro- val of the said assessment rolIs for the year 1979; and WHEREAS, the City Council at its September 18, 1979 meeting established by Ordin- ance a tax rate of $1.24 per $100.00'valuation on all taxable property within the city limits; and WHEREAS, the Tax Rolls of the City of Denton for the year 1979 have been diligently and properly prepared; and IeHEREAS, the Assessment and Tax Rolls of the City of Denton for the year 1979 have been delivered by the Assessor and Collector of Taxes to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I: That the Assessment Rolls of the City of Denton assessing all taxable property within the city limits of Denton for City purposes for the year 1979, be and the same are, hereby in all things approved, confirmed and adopted as the official Assessment Rolls of the City of Denton for the year 1979, covering the property hereinabove recited. SECTION II: That the Tax Roils govefi~j'ilf'tikable property within the corporate limits of the City of Denton for the year 1979, be and the same are, hereby accepted and approved for the year 1979, and the Mayor is authorized to affix his official signature thereto, and the City Secretary is to attest the same under the seal of the City of Denton; and is authenticated, shall be the official tax rolls of the City for the year 1979. SECTION III: That this Resolution shall take effect from and after its passage and approval by the City Council of the City of Denton. September 2S, 1979 Continued 2~3 PASSED AND APPROVE this the 2Sth day of September, A. D. 1979. /s/ BILL NASH, MAYOR CITY OF D~NTON, TEXAS ATFEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye" Vela "aye", Stephens "aye" and Nash "aye". Motion carried. ' 13. The Council considered a report on mobile homes and their use within the City. Motion was made by Stephens, seconded by Stewart to refer the matter to the Building Code Board. ~otion carried. 14. The Council considered a recommendation from the Traffic Safety Support Commission to install a span wire signal at the intersection of Ruddell and Univers ity. Motion was made by Stewart, seconded by Vela to approve installing a span wire signal at the intersection of Ruddell and University. Motion carried. 1S. The Council considered a report from the City Manager regarding the status of the Wastewater Treatment Plant grant. The Manager briefed the Council, stating that the Texas Department of Water Resources and the Federal Government had differences in State and Federal requirements. He said that the City was ready to go for bids when the EPA approves the funding, and that no action was needed at this time by the Council. 16. The Council recessed into Executive Session at 10:45 p.m. to discuss legal matters, real estate, personnel and board appointments. 17. The Council reconvened into Public Session at 11:05 p.m. to announce the following Board Appointments: North Texas Higher Education Authority Mike Grandey Melvin Gouge Motion was made by Stephens, seconded by Vela that the above board appointments be approved. Motion carried. Meeting adjourned at 11:09 p.m. ~~J MA¥o 274 City Council October 2, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, October 2, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Stewart, Vela and Hensley; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Stephens that the minutes of the regular meeting of September 4, 1979, the special called meeting of September 11, 1979, the regular meeting of September 18, 1979 and the special called meeting of September 25, 1979 be approved with corrections. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1415, the petition of Mr. Robert Nichols, requesting a change in zoning from Agricultural (A) to Single Family (SF-16) classification on a 10.45 acre tract located immediately south of the intersection of Teasley Lane and Pennsylvania Street, and beginning approximately 710 feet east of the Montecito Addition. Mayor Nash opened the public hearing. After hearing one speak in favor and none in opposition, the hearing was closed. City Planner John Lavretta stated that water and sewer can be extended to the property. The Planning and Zoning Commission approved the request unanimously. Motion was made by Stephens, seconded by Vela that the petition be approved. Motion carried. 3. The Council considered a report by Jim Nash from NTSU concerning utility construction in the NTSU area. Following a briefing by the City Manager, Mr. Nash stated as follows: (A) Ail excavation activities are virtually complete. (B) The paving contractor will be moving in and hope- fully patching material would be layed. (C) It has been difficult to get contractors on the job. (D) Materials have been difficult to obtain. (E) The contractor is having difficulty patching water lines, particularly on Avenue C. (F) The contractor is filling holes as fast as he can. (G) Contract shows no requirment for temporary back fill, such as crushed rock. (H) Mr. Nash used slides to show locations of various utility lines, including electrical. 4. The Council considered a staff report on the request of Golden Triangle M~ompany to improve Loop 288. '~ r~~'~ the Mall Company requested approva~ of a motion bY~]~'~~he Mall to fund up to a maximum of $300,0G for improvements or assess all or part of the construction either now or at a later date. The City Manager reviewed three alternatives: (A) City to accept offer of the Mall to fund up to a maximum of $300,000 for a Texas U-turn on (B) Assess all or part of the construction now or later for widening of Loop 288 from I~35E to Colorado Dr. (C) Leave the Loop as it is and deal with the problem at a later date. Finance Director Bill McNary projected the probable City sales tax for the first year from sales at the Mall. The figure was $200,000. October 2, 1979 Continued Motion was made by Vela, seconded by Nash to accept in 275 principle the widening of Loop'288 from 1-35E to Colorado Drive and that the City wait for details to see if the Mall Company will pay $10.00 per foot assessment on the project. Motion carried. 5. The Council considered a contract with the Denton Chapter of Southwest Football Officials Association for services of referees. Motion was made by Stephens, seconded by Hensley to approve a contract with the Denton Chapter of Southwest Football Officials Association for services of referees at a cost of $1,360 annually. _ Motion carried. 6. The Council considered a contract with the Denton Soccer Association for services of officials. Motion was made by Stephens, seconded by Hensley to approve a contract with the Denton Soccer Association for services of officials at a cost of $1,500 . Motion carried. 7. The Council considered site plan approval for a portion of Planned Development 17. Following a briefing by the City Planner, motion was made by Stewart, seconded by Vela to approve the site plan of PD 17. Motion carried. 8. The Council considered the request of the Texas Municipal League to contribute to the defense of the U. S. Steel lawsuit attack- ing the constitutionality of the Texas City Sales and Use Tax Act. Motion was made by Stewart, seconded by Vela to contribute Denton's share in defense of the sales tax. Motion carried. 9. The Council considered a request for the purchase of emer- gency radio equipment for Civil Defense. John Maxwell, Civil Defense Director, advised that radio equipment would be used in conjunction with the Civil Defense Skywarn Program. Maxwell advised that the following items were included in the supplemental package of the 1980 budget: (A) A synthesized two-meter radio to use when we have severe weather storm warnings to give us the capa- city of using different base repeater stations in case one gets knocked out by a storm...$1,500 (B) A ham radio to replace the one now being use~ which is owned by Maxwell .... $1,500 (C) A spare antenna mast to have on hand in case a severe storm destroys the existing tower on City Hall which has antennas on it for Police, Utilities, Sheriff and Civil Defense radio systems ..... $500.00 Motion was made by Stephens, seconded by Hensley to request the County, along with the City to work with Maxwell to procure emer- gency radio equipment for Civil Defense. Motion carried. 10. The Council considered a report on the proposal of the Charter Revision Committee relative to revising the City Charter. Dr. Charldean Newell, Charter Revision Committee Chairperson, was unable to meet with the Council. However, Jim Riddlesperger spoke for the minority of the Committee and Marvin Loveless for the ~ajority. Both pointed out that many changes were approved for recomm- endation to the Council. Burr Solomons, Acting City Attorney, stated that he had contacted the law firm of Saner, Jack, Salinger & Nichols in Dallas relative to charter revision, that they expressed a wi'llingness to help as an "independent consultant". This firm has an excellent reputation in the area of municipal law and they represent several cities in this area (i.e., Richardson, Carrollton, Flower Mound, etc.). October 2, 1979 Continued Motion was made by Nash, seconded by Stewart to accept the recommendation of the Acting City Attorney to hire a law firm to draft a ballot as proposedby the Council, to set a date for the charter election and for the City's bond attorneys to work with attorneys hired to work on recommendations of the Char~r Revision Committee. Motion carried. 11. The Council considered a report on Conflict of Interest. Acting City Attorney Burt Solomons made the following statements: (A) You have requested my opinion regarding whether a possible "conflict df interest" may exist in your situation of serving as the Mayor the City of Denton and (1) the performance of engineering services for clients on tracts of land which come before the City Council for a change in zoning or final plat app- roval; and, (2) being a landowner requesting a change in zoning or annexation by the City. (B) This sort of reasoning, therefore, leads me to find that in both situations which you describe a dis- qualifying interest is present; however, such a conflict of interest may be cured by simply abstain- ing from the discussion and voting on the issue before the Council. It would be unreasonable to hold otherwise in the absence of an explicit prohibition or restraint by statute or city ordinance. (C) Abstention from discussion and voting on the parti- cular matter constitutes, in effect, a temporary resignation for limited purposes and would cure the potential for conflict. Furthermore, it would be improper to personally appear before any board or commission in which you participate in appoint- ing. (D) In the absence of a state statute, Charter provision, or City ethics ordinance specifically construing or restricting the situations described, the rules of common law and public policy on "conflicts of interest" by public officials apply, and, therefore, abstention from discussion and voting sufficiently cure whatever potential conflict exists. 12. The Council considered a progress report and issues relating to the Wastewater Treatment Plant design. The City Manager advised that the State has agreed to let Denton proceed with bidding the construction of the Wastewater Treat- ment Plant without secondary filters. The State has not reached a decision as to whether they will reduce effluent quality standards from the present 10 BOD/15 TSS. 13. The Council considered payment of engineering fees to Freese and Nichols for Wastewater Treatment Plant design. Motion was made by Stewart, seconded by Hensley to pay Freese and Nichols the total fee earned in the amount of $283,622.00. Motion carried. 14. The Council considered a report on proposed annexation. The City Manager stated that annexation would be initiated for the total 150~ acre area at the same time. The City Planner stated that the annexation would be consider- ed by the Planning and Zoning Commission on October 17. He further explained that the annexation of the area proposed being 600 feet north of the center line of Loop 288 would cross tracts leaving some parcels partly in the City and partly in the County. This would apply to October 2, 1979 Continued 277 the 200 acre tract on the west side of Sherman Drive. About 50 acres near the top of the hill on this tract would not be annexed, follow- ing the present criteria. 1S. The Council considered a contract with J & M Aviation for a temporary lease at the Municipal Airport as recommended by the Airport Advisory Board. Martin Miller of J & M Aviation said he was making applica- tion for a temporary lease at the Airport. Gene Wright, Chairman of the Airport Board, advised that there was no idea of permanence, that they desired a 6 months contract with a 6 months option for 2 acres of land on which will be placed a small Morgan Building for use as an office, but no hangar space. Lease will be $270 per month. Wright advised that the Airport Board recommended accepting lease contract. Motion was made by Stewart, seconded by Vela to approve the contract with J & M Aviation at $270 per month as recommended by the Airport Board. Motion carried. 16. The Council considered matters related to the Municipal Airport. Council Member Vela stated that he has been doing some soul searching relative to the 1979 revised Airport Contract. He added that the 1979 Contract is far superior to the 1975 Contract and that the agricultural lease was a serious impediment. Motion was made by Vela, seconded by Nash to follow the recommendation of the Airport Board to lay aside the matter of the Airport agricultural lease and to forget the past. Motion carried. 17. CONSENT AGENDA: Motion was made by Nash, seconded by Vela to approve the following consent agenda. Motion carried. (A) REFERRALS: The followin ~ ' ~' ~t s. were referred to the Planning and Zoning Commission fPr ~~~tions: (1) Z-1417, the petition of Mr. J. R. Jones, request- ing a change of zoning at 2425 Denison Street, from Single Family (SF-7) to Two Family (2-F) classification on a lot measuring 65 feet by 1S0 feet. (2) Z-1418, the petition of ~r. Hardy Burke Ill and Mr. William Johnson, requesting a change in zoning from Single Family (SF-10) to Two Family (2-F) classification on lots 15 and 14.1, Block 4056F, located along the east side of Bonnie Brae and beginning approximately 200 feet north of the intersection of Bonnie Brae and Crescent Street. (B) BIDS AND PURCHASE ORDERS: (1) Bid #8683, aluminum wir~ awarded to the low bidder, Temple, Inc., in the amount of $45,500. (2) Bid ~8687, telescoping work platform, awarded to Up-Right Scaffolds of Dallas, the only bidder, in the amount of $5,152. (3) Bid #8686, janitorial service at recreation center, awarded to Betty's Maid Service of Denton at $800 per month for a one year contract. (4) Bid #8682, side loading refuse collection vehicles, awarded to Ma×on Industries at $164,070. ~7~ October 2, 1979 Continued (5) Bid #8677, transformers, awarded as follows: .Item 1 to Priester Supply at $34,029.90 Item 2 to Westinghouse at $44,737 Item 3 to Priester Supply at $50,882.70 Item 4 to Poleline Electric at $14,070 Item 5 to Westinghouse Supply at $6,420 Item 6 to Westhinghouse Supply at $15,948 Item 7 to Westinghouse Supply at $9,525 Item 8 to Cummins at $11,942.56 Item 9 to Westhinghouse at $19,758 Item 10 to Cummins at $18,412.30 Item 11 to Graybar at $12,228.75 Item 12 to Priester Supply at $1,530 Item 13 to Priester Supply at $2.117.52 (6) Purchase Order #39971 approved to Bailey Meter Company in the amount of $3,828.65. (7) Purchase Order #40542 approved to Jagoe Public Company in the amount of $4,875. (8) Purchase Order #40543 approved to Claude Smith Excavating in the amount of $5,330. (9) Single source purchase of a Perkins Diesel Engine from Cummins Sales & Service approved in the amount of $4,250. (C) PLATS: Final subdivision plat of the Motor Addition approved. 18. The Council recessed into Executive Session at 10:00 p.m. to discuss legal matters, real estate, personnel and board appointments. 19. The Council reconvened into Public Session at 10:45 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:48. MAYOR CTTY SECRETARY City Council October 9, 1979 ~q~ Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, October 9, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Stewart, Vela and Hensley; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. The Council considered the following Resolution nominating a representative from the City of Denton to the Board of Directors of the Denton County Single Appraisal District: 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 OCTOBER, A.D. 1979. RESOLUTION WHEREAS, at the regular session of the 66th Legislature of the State of Texas passed Senate Bill 621 relating to ad valorem taxation of property; and WHEREAS, Senate Bill 621 establishes a single appraisal district in each county of the State of Texas which is responsible for appraising property in the district; and WHEREAS, the said appraisal district is to be governed by a Board of Directors; and WHEREAS, ~ach taxing unit in the county may nominate one candidate for a position on the said Board of Directors: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, THAT: , SECTION I. The City Council of the City of Denton, Texas hereby nominates Raymond Pitts to fill a position on the Board of Directors of the County wide appraisal district. SECTION Il. That this resolution be effective immediately from and upon its passage and approval. PASSED AND APPROVED this the 9th day of October, A. D. 1979. /s/ BILL NASH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ,/s/ BURT R SOLOMONS, AC~ING CITY ATTORNEY CiTY OF DENTON, TEXAS Motion was made by Stephens, seconded by Stewart that the Resolution appointing Raymond Pitts as the reoresentative from the City of Denton be passed. On roll call vote Jensley "aye", Stewart "aye", Stephens "aye", Stephens "aye" and Nash "aye". 5~otion carried. October 9, 1979 Continued 2. The Council considered the acquisition of property for drain.- age improvements along Pecan Creek and its tributary in the vicinity of East Prairie Street. The purpose of this is to estimate the fair market value as follows: Sherman Byrd Tract--17, ~7.76 sq. feet, at a fair market value of $2,2S0. Motion was made by Stewart, seconded by Vela to consider establishment of just compensation of Sherman Byrd Tract--17,487.?6 sq. feet at $2,250, and authorize the City Manager to negotiate for acquisition of this tract. Motion carried. ' 3. The Council considered discussion on the application of penalties on utility bills. Stewart-~Citizens have called relative to irregular times of billing. If a customer has more than one bill a month, there should be no penalty. Hartung-~The present ordinance cannot be changed unless the Council changes it. Stewart asked that the City Staff look into this matter. Nash--The best thing is to get the bills out on time each month. Hensley--Averaging bills could be the best method. 4. The Council considered a progress report on speed and load limits on Sherman Drive. Hartung--According to a memo from Police Chief Robert Mills, trucks on Sherman Drive are hauling loads fairly close to the legal limit. There is not much that can be done unless the Council wants to place a load limit on the street. However, this would be difficult since this is a State road and about the only route into the City froK that area of the County. Stephens--Could we make occasional checks on these trucks? Hartung--"Yes, we will, and we have in the past." 5. The Council considered the following Resolution accepting a grant from the Federal Aviation Administration and the Texas Aeronau- tics Commission for a lighting control project at Denton Municipal Airport: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON %'HE 9TH DAY OF OCTOBER, A.D. 1979. RESOLUTION WHEREAS, the City Council (hereinafter termed "Body") governs the City of Denton, Texas~, a home rule municipal corporation of the State of · Texas (hereinafter termed "Public Agency"), which is responsible for operation of the Denton Municipal Airport; and WHEREAS, the Texas Aeronautics Commission (TAC) has made arrangements with the Federal Aviation Administration (FAA) to obtain Airport Development Aid Program (ADAP) Funds to .~artially pay for installation of a radio control on the runway lightin~ system at said Airport; and WHEREAS, the TAC has agreed to provide the remainder of the cost of said system, as well as to undertake and do all things needed to obzain funds and install said system without direct involvement of the staff of, and without direct co~t to, this Public A%ency; and WHEREAS, the Public Agency ~.viil, once the system is installed, main- tain said system and operate it and the Airport in accordance applicable FAC and FAA standards. October 9, 1979 Continued A~I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. Th±s Body hereby unconditionally and irrevocably names, deputes and appoints the Texas Aeronautics Commission (TAC) as its agent, to act in this Public Agency's place and stead in all matters relating to this lighting control project; to file application (including giving on behlaf of this Public Agency all assurances/certifications/inform- ation required by thin. Federal Aviation Administration (FAA) to apply nd obtazn fu~dzng, fjR~di~formal acceptanue of all required grant agreement{ for:... ~.a~,.-~0~_~ns and specifications for; to advertise for bzds ±or?to~ r~c'ei~~ard bids for; to monitor or manage construction of; to inspect and accept completed work installing; to receive receipt for, hold, and pay out federal and/or state funds, and to perform all other acts deemed by TAC to be needed or necessary to completely install (at no cost to this Public Agency) radio controls on the runway lighting system at said Airport. SECTION II. This resolution shall be effective immediately from and after its par~age and approval. PASSED AND APPROVED this the 9th day of October, A. D. 1979. /si BILL NASH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ 'BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Vela, seconded by Stewart that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 6. The Council considered discussion on resolutions for the Texas Municipal League annual meeting. City Manager Hartung stated that ~e have no recommendations from any member of the Staff. Council Members had no recommendations. 7. The Council recessed into Executive Session at 7:20 p.m. to discuss legal matters, real estate, personnel and board appointments. 8. The Council reconvened into Public Session to hear Bill Carpenter, a representative of a San Antonio Bonding Company, who urged the City to follow a plan that would allow Denton County Comm- issioners Court to take over a housing mortgage program already init- iated by the City. Vela voiced opposition, stating that corporation for a mortgage program aimed at providing 20 million dollars in bonds had already been formed at the advise of The First Southwest Command. Vela added that the City can focus on keeping the money in D~nt~n, which is where the need and responsibility is. Hartung added that he had favored the program hesitantly on grounds only that the City Council would have full control over the program. Stewart also opposed. October 9, 1979 Continued 9. The Council returned to Executive Session to consider board appointments. 10. The Council re¢onvened into Public Session to announce that no official action was to be taken. Meeting adjourned at 10:45 p.m. MAYOR CIT~ ~SECR~ 283 City Council October 16, 1979 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, October 16, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESF~NT: Mayor Nash, Members Stewart and Hensley, City Manager Chris Hartung, Acting City Attorney Burt Solomons and City Secretary Brooks Holt. ABSENT: Vela and Mayor Pro Tern Stephens. 1. Motion was made by Stewart, seconded by Hensley that the minutes of the regular meeting of October 2~ '1~979 and the special called meeting of October 9, 1979 be approved. ?4otion carried. 2. PUBLIC HFJIRINGS: Motion was made by Stewart, seconded by Hensley to table Z-1416, the petition of Mr. Jerry Cheatum, requesting a change of zoning from General Retail (GR) to Multi Family Restricted (MF-R) classification on an irregular shaped tract approximately $.59 acres in size which begins immediately north of Hercules Lane, approximately 300 feet west of the intersection of Hercules Lane and Stuart Road, since it would require 4 votes for passage and only 3 Cotm. cil Members are present. Motion carried. 3. Mayor Nash advised that Tony Krause, representing the InterFraternity Council of North Texas, asked that the request relative to the Fraternity offer- lng to provide voluntary services to the community be removed from the agenda. 4. The Council considered the request of Good Samaritan Village seeking assistance under the provisions of the Texas Housing Finance Corporation Act. Midge Leffler, representing the Good Samaritan Society, briefed the Council relative to financing through Texas Housing and Finance Corporation Act. She stated that 2.6 million dollars is due by 1980. She pointed out that interest rates are making it difficult to finance the operation. Also present was Mr. Doug I~finchell, Administrator of the Good Samaritan Village. Stewart stated that he wanted to look at the request further before approving or disapproving. The Mayor stated that two of the Council Members were not present. Motion was made by Stewart, seconded by Hensley to table the matter for further discussion and consideration when a full Council is present. Motion carried. 5. ORDINANCES: The following Ordinances were presented: (A) ORDINkNCE #79- 78-- (Robert Nichols) AN ORDIN/%~CE AMENDING THE ZONING N~P OF THE CITY OF DENTON, TEXAS, AS SA~'~ ~i&S ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DEiIFFON, TEXAS, BY ORDIN~\~CES NO. 69-1, .~fD AS SAID MAP APPLIES TO APPROXIMATELY 10.227 ACRES OF LAND, MORE OR LESS, AS SHOWN THIS DATE ON THE OFFICIAL TAX btAP OF THE CITY OF D~NTON, TF~XAS, .~ND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECT- IVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Hensle¥ "ave" Stewart "aye" and Nash "ave" Motion carried. ' ' ' ' ' (B) Motion ;vas made by Stewart, seconded by Hensley to table an ordinance providin~ for final action on the petition of Dale Cunninghmm (Texas Instruments) for annexation and Light Industrial (LI) zoning classification on 295 acres located on the north side of Highway 77, adjacent and east of Bonnie Brae Road (Z-1408), until at least 4 Council Members are present. carried. October 16, 1979 Continued 6. RESOLUTIONS: (A) The following Resolution presented by .~s. Martha Robbins relative to her request that the City act as co-sponsor of the "Denton Spring Fling" was presented: AT A REGULAR ~IEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, A.D. 1979. RESOLUTION I~IdEREAS, it is the desire of the City Council to participate with the Greater Denton Arts Council, the Denton Chamber of Commerce and the Denton Historical Society in the "Denton Spring Fling" to be held March 28 through March 30, 1980; and WHEREAS, the purpose of said festival is to enter into a "partnership" with other organizations for the mutual benefit of combining talents and resources to provide people with a memorable and pleasurable experience; and ~[ERE&S, it is the goal of said festival to enhance our citizens appreciation of Denton, define the present and reinterpret our shared past, and invest in the quality of life; 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 joins the Greater Denton Arts Council the Denton Chamber of Commerce and the Denton Historical Committee in co-sponsoring the Spring Fling. PASSED AND APPROVED this the 16th day of October, A. D. 1979. /s/ B'ILL NASH, ~iiYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLC~IONS, ACTING CITY .aTTORNEY CITY OF DENTON, TFXAS Motion was made by Stewart, seconded by Hensley that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye" and Nash "aye". Motion carried. (B) The following Resolution closing off Oak Street between Locust and Elm on Sunday, October 28, 1979 from 12:00 noon to 8:00 p.m. as requested by the sponsors of the Denton Art and Energy Fair was presented: AT A REGULAR N~ETING OF THE CITY COUNCIL OF THE CITY OF DF~\~FON, TEXAS, HELD IN THE NIJNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, A.D. 1979. RESOLUTION I~HEREAS, on Sunday, October 28, 1979, the Denton County Arksork, Inc. and The Free University of Denton is sponsoring an Arts and Energy Fair to be held on the Courthouse Square; and ~7dEREAS, the Arts & Energy Fair is open to the general public of Denton Countv for participation in this community project; and I~FJ~REAS, in order to provide adequate space for the said Fair and in order to pro- tect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Oak Street from Elm to Locust from the hours of 12:00 noon until 8:00 p.m. on October 28, 1979. October 16, 1979 Continued NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DF~\rFON, TEXAS, THAT: SECTION I. That those portions of Oak Street from Elm Street to Locust Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on October 28, 1979 from 12:00 noon until 8:00 p.m. for the purpose of holding the Denton County Arts & Energ3z Fair. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity i~nediately from and after 8:00 p.m. on October 28, 1979. SECTION III. That this Resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 16th day of October, A. D. 1979. /si BILL NASH, MAYOR ciTY OF FXrON, TEXAS ATTEST : /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si -BURT R, SOLOMONS, ACTING CITY ATTORNEY CITY OF D~NTON, TEXAS Motion was made by Stewart, seconded by Hensley that the Resolution be approved. On roll call vote Hensley "aye", Stewart "aye" and Nash "aye". Motion carried. (C) The Council considered a Resolution authorizing the transfer of the controlling stock interest in Cox Cable of Texas, Inc. to General Electric Company. The Manager of Golden Triangle advised that General Electric Company does repair work on cable tv's, but Golden Triangle does not. Assistant City Manager King Cole gave a run down of the ownership of the Cable TV Company. Hensley stated that he would like to have more info~vaation. Motion was made by Stewart that the Resolution be passed. Motion died for lack of a second. (D) A Resoiution giving notice of intention to issue City of Denton, Texas Certificates of Obligation for a Central Fire Station was deleted. (E) The following Resolution purchasing approximately 7,000 square feet of land located on East Sycamore Street from First State Bank of Denton, Trustee and Lorene Sheppard Darrow Co-Trustee was presented: AT A ,REGULAR ,I'~ETING OF THE CITY COUNCIL OF THE CITY OF DEN'FON, TEXAS, HELD IN ~U4E k~ICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, 1979. RESOLUTION ~,qHEREziS, the City of Denton finds it necessary, to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and October 16, 1979.Continued ~qEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and ~qEREAS, the City of Denton and owner of said parcel, First State Bank of Denton, a Texas Corporation, and Lorene Sheppard Darrow, Co-Trustee, agree that a consider- ation of $2,500.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'FHE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Ail that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, a part of the Hiram Cisco Survey, being a part of a tract of land conveyed by the City of Denton to ~4. C. Sheppard by deed recorded in Volume 353, Page 394, Deed Records of Denton County, Texas, and more particularly described as follmvs: Beginning at a point in the north line of East Sycamore Street, said beginning corner being the southwest corner of a tract of land described in a deed from M. C. Sheppard, et ux, to Della Woodard dated February 12, 1951; THENCE north along the west line of said Della ;Voodard lot, 140 feet for corner, same being the northwest corner of said Woodard lot; THENCE west parallel with the north line of East Sycamore Street 50 feet for corner; _THENCE south parallel with the west line of said Woodard lot, 140 feet for corner to the north line of East Sycamore Street; THENCE east along the north line of East Sycamore Street 50 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay First State Bank of Denton, a Texas Corporation and Lorene Sheppard Darrow, Co-Trustee as owner of said described property, consideration in the amount of $2,500.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 16th day of October, 1979. /s/ BILL ~SH, .'MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITYATTO~WEY CITY OF DKNTON, TEXAS Mayor Nash pointed out that this was for the purchase of 7,000 square feet of land. Motion was made by Nash, seconded by Stewart that the Resolution be passed. On roll call vote Henslev "aye", Nash ~'ave" and Stewart "ave". Motion carried. ~ · October 16, 1979 Continued 28~ 7. Motion was made by Hensley, seconded by Stewart to table report on ?MPA activities until a full Council is present. Motion carried. 8. The Council considered a progress report on the Charter Revision. Acting City Attorney Burt Solomons advised that he had met with Mr. Robert L. Dillard of Saner, Jack, Salinger and Nichols pertaining to a tentative timetable for the Charter Revision. Mr. Dillard believes that a January 19th Charter Amendment Election can be held if the Charter Amendment Ordinance is passed in early December (preferably the first week if possible). Therefore, he has targeted November 15th for completion of the drafting work based upon the Charter Revision Con~nittee's majority report. Also by that date, he hopes to have finished an opinion for your review on the legal aspects of the proposed changes for the bond and utility charter provisions. 9. The Council considered quit claim of a utility easement located in the Denton Center parking lot near University Drive. City Planner John Lavretta advised that the easement was dedicated to provide electric service to a building that was proposed to be built on that location. The building was not constructed and the easement is not in use. The Planning and Zoning Commission unanimously recommends approval of the quit claim request. Motion was made by Hensley, seconded by Stewart that the quit claim of a utility easement located in the Denton Center parking lot near University Drive be approved. Motion carried. 10. The Council considered disposition of property adjoining the Right-of- Way proposed for Mingo Road extension. City Planner John Lavretta advised that the parcel of property located bet~veen Bell Avenue and the ~ railroad tracks just south of Vine Street was acquired to permit the extension of Mingo Road to Bell Avenue. He added that he had a request from an adjoining property owner to purchase tract 1 of this property. It is the Staff's opinion that the property is independently developable. Motion was made by Stewart, seconded by Hensley to retain the property. Motion carrieS. 11. The Council considered a recommendation from the Planning and Zoning Commission regarding subdivision requirements for paving of streets adjoining a subdivision. City Planner John Lav-retta advised that for many years the City has had a policy of reouiring the developer to improve substandard streets adjoining their subdivisions (Sec. 13.07). Because the policy is not written as e~x-plicitly as it should be, the City Staff is required to make some judgement decisions on streets that are marginally paved. The purpose here is to establish a clear policy on these issues involving improvements to streets on the perimeter of subdivisions. Motion was made by Hensley, seconded by Stewart to table the matter. Motion carried. 12. ?~ne Council considered amending the contract with Denton County for mmbulance service. Assistant City Manager King Cole briefed the Council, stating that during the first year of our operation of the ambulance service, we had some problem with some of the area small cities in getting them to participate financ- ially in the ambulance service. This issue was brought up dur~g the County's discussion of the ambulance service and their financing of the ambulance service during their budget sessions this year. The County ag-reed that it was a problem that needed a solution, and they have passed an amendment to our contract which provides that the City of Denton has an option to deny service to a small cir~v should they decide to not contribute their share of the ambular~ce se~zice cos~. IVe ~vouid recommend that the City Council approve this amendment to the contract. Once the City Council approves this amendment we ~i!l have to work with the small cities to amend their contract to include this provision. Motion was made by Stewart, seconded by Hensley to approve amendin~ the contract ~vith Denton County for ambulance service. Motion carried. October 16, 1979 Continued 13. The Council considered letting bids for a park development near the Phoenix (Dreamland) apartment complex. The grant budget for the project is for $65,000. The Staff recommends that the City proceed with the project as designed and that the Council direct that the project be let for bids. Motion was made by Stewart, seconded by Hensley to proceed with the project and that the project be let for bids. Motion carried. 14o The Council considered letting bids for the Robertson Street Underpass. City Planner John Lavretta advised that the final plans are completed and the bid package will be ready this week. It is anticipated that the construct- ion period will be eight to ten months. The grant budget for the project is $400,000.00--the preliminary cost estimate was $368,000 including the construct- ion, street work, engineering, and the work on the railroad will be complete. Stewart-"How will this affect firefighting while under construction?" Fire Chief Jack Gentry--"There will be alternate routes." Motion was made by Stewart, seconded by Hensley to approve the letting of bids for the Robertson Street Underpass. Motion carried. 15. Motion was made by Hensley, seconded by Nash to approve letting of bids for drainage improvements for ~vo sections of Pecan Creek between Bradshawand Ruddell Streets. Motion carried. 16. The Council set the October 23, 1979 Study Session Agenda. 17. CONS~NTAGENDA: Each of these items is recommended by the Staffand approval thereof wilLbe. strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Stewart stated that the wording relative to the Consent Agenda was a bit confusing. The City Manager stated that a second look will be done and wording that is clearer will be used. Item B-6, Bid #8697, side loading refuse truck body and Item C-2, final subdivision plat of Wimbleton Village Phase I removed from Consent Agenda. Motion was made by Stewart, seconded by Hensley to approve the follow- ing Consent Agenda. Motion carried. (A) REFERRALS: The following four petitions were referred to the Planning and Zoning Commission for its recommendations: (1) Z-1419, the petition of Mr. H. S. Osborne, requesting annexation and Agricultural (A) zoning classification on a 38.7 acre tract. The property has approximately 40 feet of frontage along the east side of Country Club Road (FM1830) and begins approximately 1800 feet south of the intersection o~Hobson Road and ~4 1830. (2) Z-1420, the petition of Mr. Tom Jester, requesting a change of zonin§ from Single Family (SF~7) to Multi Family ~-1) zoning classification on a 4.8 acre tract. ~e parcel is located along the east side of )Iockingbird Lane and begins approxLmate!y 175 feet north of the intersection of East McKi~mey Street and )bckingbird Lane. (3) Z-1421, the petition of Mr. James Dentico, requesting a cha~ge of zoning from Agricultural 0\) to Single Family (SF-13) zoning classification on a 52.75 acre tract located approximately 290 feet east of the Montecito Del Sur Subdivision. October 16, 1979 Continued 28(3 (4) Z-1422, the petition of the City of Denton seeking annexation and Agricultural (A) zoning classification on a 1456 acre area beginning at the present City limit line and extending north 600 feet beyond the centeriine of the proposed North Loop 288. Proposed North Loop 288 extends from Highway 380 east to 1-35 north, along the northern perimeter of the City. (B) BIDS: (1) Bid #8685, traffic signal poles & arms, awarded to the lowest bidder meeting specifications, Signal Poles, Inc. at a total bid of $17,303. (2) Bid #8689, tires & tubes, awarded to the lowest and best total evaluated bid to Richard Stephens Firestone, FOB Denton Garage, at a bid of $438.90. (3) Bid #8691, batteries, to Payne Tire & Battery of Denton at a bid of $335.22. (4) Bid #8693, annual supply of cast iron & ductile pipe, awarded to Lone Star Steel for the cast iron and to U. S. Pipe and Foundry for the ductile pipe. (5) Bid #8694, annual supply of clay tile pipe & fittings, awarded to Can-Tex Industries. (6) Bid #8698, 4 yard refuse containers, awarded to War-Pak, Inc. at a total of $4,880, FOB Denton. (c) ?LArS: (1) Final subdivision plat of Good Samaritan Addition approved. (2) Final subdivision plat of Shady Oaks Industrial Park approved. (3) Final subdivision plat of East McKinney Street Addition approved. 18. Motion was made by Stewart, seconded by Hensley to cancel the Executive Session. Motion carried. Meeting adjourned at 9:20 p.m. MAYOR CITY SECRETARY City Council October 23, 1979 Special Called ~.~eeting of the City Council of the City of Denton, Texas, Tuesday, October 23, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESKNT: ~4ayor Nash, Mayor Pro Tem Stephens, ~embers Hensley, Stewart and Vela; Acting City Attorney Burt Solomons and City Secretary Brooks Holt. ABSF~NT: City )~anager Chris Hartung. The Mayor read two Proclamations: (A) Proclaiming October 29 through November 2 as "Emergency ~{edical Services ~'~eek". The proclamation was presented to Fire Chief Jack Gentry. (B) Proclaiming November 1 as "KNTU-F~{ Radio Day" and observing KNTU's 10th year of broadcasting. 1. PUBLIC HEARINGS: (A) A public hearing was held on Z-1416, the petition of Mr. Jerry Cheatum requesting a change of zoning from General Retail (GR) to }~lti Family Restricted (MF-R) classification on an irregular shaped tract approximately 5.59 acres in size which begins immediately north of Hercules Lane, approximately 300 feet west of the intersection of Hercules Lane and Stuart Road. Motion was made by Stewart, seconded by Hensley to remove the petition from the table. Motion carried. The Mayor opened the hearing. After hearing 1 speak in favor and none in opposition the hearing was closed. Charles Watkins, Assistant City Planner, advised that 12 oersons indicated opposition by mail and 3 were in favor, and that the Planniny and Zoning Commission unanimously rec~m~mnded approval. Motion was made by Stewart, seconded by Henslev that the petition be appro..d. ~tion carried. 2. The Council considered the request of Good Samaritan Village seeking assist- ance under the provisions of the Texas Housing Finance Corooration Act. ~idge Loeffler rej~ed a Denton Housin~ Finance Authority to issue tax exempt bonds to r~finang~~~tan debt, an~ asked for r~solution to create such. Stewart indicated 6p~o~iti6~f multi-family for a non profit housing organization, adding that the Council must be very patient on this, and that other organizations will be asking for the same. Vela-"The Cooncil must consider other such organizations. The Council needs to meet together with the City's Financial Advisor to come up with one all encon~assin~ unified plan." Stephens-"Our rating in the bond market and other questions have not been answered. Hmvever, the Council appreciates what the Good SmnaritanVillage is doins." ~tion was made by Stewart, seconded by Hensley to table the matter. Motion carried. ~zion was made by Stewart, seconded by Hensley to table the resolution request. ~'~otion carried. 5. ~btic. n was made by Hensley, seconded by Ste~ens to table the matter of discussing 5kmicipal ~Iortgage Financing. Motion carried. 4. )!c~ion was made by Vela, seconded by Hensley to ~ab!e ccnsidering a report on Rabies in Texas. ).!otion carried. October 23, 1979 Continued 5. ORDINANCES: The following Ordinances were presented: (A) Ordingmce #79-79 (Dale Cunningham) 7t~ ORDINANCE ANNE~TING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 314.8261 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DF~NTON, STATE OF TEXAS AND BEING IN ~ J. S. COLLtRD SURVEY, ABSTP~CT NO. 297, A. I~HITE SURVEY, ABSTRACT 1406, ..IND THE N. ~ADE SURVEY, ABSTRACT NO. 1407, D~TON COUNTY, TEXAS; CLASSIFYING THE AS LIGHT INDUSTRIAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye" Vela "aye" Stephens "aye" and Nash "aye". Motion carried. ' ' (B) Ordinance #79-80 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING ALL OF THE UTILITY EASh~MENT DESCRIBED IN A CERTAIN EAS~,~NT DATED ~'~tY 4, 1971, AN© FILED OF RECORD IN VOLUME 621, PAGE 453 OF THE DEED RECORDS OF DENTON CO~, T~(AS CRA;~ORD BUILDING CORPORATION TO THE CITY OF DF~IFFON, TEXAS; PROVIDING FOR THE REVER- SION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCIB~NTS TO BE PREPARED AN~) SIGNED; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "ave" Vel[ "aye", Stephens "aye" and Nash "aye". Motion carried. · ' (C) The Council was to have considered an ordinance providing for the quit claim of an ~nderground utility easement located at the First United Methodist Church on Sycamore Street. The Mayor advised that this ordinance had not gone before the Planning and Zoning Commission for its recommendation and therefore cannot be considered. 6. RESOLUTIONS: (A) The Council considered a Resolution authorizing the transfer of the controlling stock interest in Cox Cable of Texas, Inc. to General Electric Company. Hensley asked the following questions: How much money would be involved in sale? ~ffhat other consideration will be given? How much stock is to be transferred'? Ne added that the Council ~:eeds to know what the franchise is worth, and Golden Triangle should keep the City advised. Brandon Barnes, Manager of Golden Triangle Communications, advised that the amount of money that would be made is unknown. Cox Cable is on the Stock ~4arket. Those with stock are the ones who make the profit. He stated that officers of Denton Publishing Company are ~lrs. Riley Cross, Roy Appleton, Fred Patterson and Mrs. Cross' tn~o daughters. ~he following Resolution was presented: AT A REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TE~-~S, HELD IN THE ~47NICIPAL BUILDING OF SAID CITY ON TH~ 23RD DAY OF COTOBER, A.D. 1979. RESOLUTION I~P~EAS, Cox Cable of Texas, Inc. holds a seventy percent (70%) interest in Golden Triangle Comm'~nications, holder of a CATV Franchise in Denton; and I~HEREtS, Cox Cable of Texas, Inc. has requested Council approval of a pro,oosed trans- action involving a tra.~$rer of the controlling stock interest in Cox Cabl~ to General Electric Company, a corooration duly organized ~nd existing ~.~der the laws of tke State of New York; and ~,HERE'~S, the ~ Council believes it is in the best interest of tke citizens ez Denton that said approval be grsa~ted; and October 23, 1979 Continued I~IqEREAS the proposed transfer will involve only a change in the ultimate contro~ling corporate entity of Cox Cable and will not effect a change in the franchise or the management and operation of a cable television system within the City of Denton in accordance with the provisions of Ordinance No. 78-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C©UNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The City of Denton, Texas hereby consents to the transfer of the controlling stock interest in Cox Cable of Texas, Inc. from Cox Broadcasting Corporation to General Electric Company. In granting this consent it is expressly understood that Cox Cable will not engage in the selling or servicing of television receivers. PASSED AND APPROVED this the 23rd day of October, 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DF~NTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOL{NylONS, ACTING CITY ATTOPqNEY CITY OF DENTON, TEXAS ~4otion was made by Stewart, seconded by Henslev that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "nay". blotion carried 4 to 1. (B) The Council considered a Resolution naming the Denton Police Depart- ment Firing Range '%{itchell Firing Range" in honor of ex-Mayor Joe Mitchell. Motion was made by Nash that the Resolution be passed. Motion died for lack of a second. Vela stated that the Council doesn't have a policy for naming things after individuals, however worthy they might be. 7. The Council considered a report on T~A activities. Vela advisedthat at the meeting of October 18 several actions ~ere taken: (A) A diesel generator was purchased in the amount of $260,191. (B) Change order on railroad additions at the plant. (C) The Board deleted portions of the change order request but approved $48,000. (D) I}.~?A now owns or leases sufficient li~cmite to operate 20 to 25 years. Eight more possible site acquisitions could add enough lignite for another 5 years. (E) The Board discussed acquisition of water for cooling towers. (F) %'[PA has agreed to lease some of the ground to Axe020 Petrolet~ Comp for drilling. (G)II_.?A received a bonus of 5140,000 for signing tease and DTA is to _ece~,~ 1/6 of oil producticn. (H? .&~[Cf£O Petrolerrn Company asreed to lease a large amount of coal to r,[-_'-. "! think we ha~:e a good future for means of generating a Cower supply--[ i:npressed," Vela said. October 23, 1979 Continued 2~3 Nash--~nny new things come up. The entire project is enormous. The Manager of TMPA is very capable. The entire staff and Board has changed from the original ~mroup. Nash added that there are problems--one of the problems is that the plant is not large enough to handle future needs and if the plant is not permitted to begin operation there will be trouble. We need to get on with a proposed study. If the lignite plant were to go down Denton must run its plant 80% of the time. 8. The Council considered proposals for outside data processing services for the Utility Billing System. Cengiz Capan, Director of Data Processing, advised the Council on contact with several soft ware contractors that the response from the consulting firms was based on their projections for completing the following on-line improvements to the Utility Billing System: (A) File Maintenance (1) Add new accounts (2) Change/modify existing accounts (3) Delete accounts (4) Activate/deactivate accounts (5) Partial activation/deactivation of accounts (6) Meter change out (7) Change route number (B) Inquiry System (1) Display current master file information via terminal The four maj or concerns responding were: (A) Sperry Univac: $5,000/mo. per consultant plus $48/hr. O.T.; estimated completion in three months; no warranty. (B) Sigmatics: $25/hr per consultant; estimated completion in three months; no warranty. (C) Computer Concepts: $35/hr. per consultant or $12,000 set fee; estimated completion in three months; 90 day limited warranty. (D) Systems and Programming Resources: $28.50/hr. per consultant; estimated completion in six to seven weeks; 12 month limited warranty. Capan recommended Systems and Progra~ning Resources, Inc. Motion was made by Vela, seconded by Hensley to accept the recommendation to hire Systems and Programming Resources, Inc. Motion carried. 9. The Council considered accepting a contribution from Denton County for the Emily Fowler Public Library. Motion was made by Vela, seconded by Stephens to accept a contribution from Denton County for the Emily Fowler Library in the amount of $109.345. Motion carried 4 to 1. 10. The Council considered a recommendation from the County Co~,~issioner's Court relating to appointments to the Joint Projects Coordinating Board. The proposal by the County was to add two members of the Cor~nissioner's Court and two members of the Denton City Council as ex-officio members of the Joint Projec'~s Coordinating Board. Motion was made by Vela, seconded by S~ewart to approve appointing ~o me~'~bers of -he Commissioner's Court s-nd two members of the City Council as ex-officio member~ of ~e Joint Projects Coordinating Board. ?!o~ion carried. October 23, 1979 Continued 11. The Council considered a recommendation from the Planning and Zoning Comm- ission regarding subdivision requirements for paving of streets adjoining a subdivision. Rick Svehla briefed the Council, pointing out 3 alternatives regarding subdi- vision paving requirements. He recommended alternative #3 as follows: When land is subdivided or developed in areas adjacent to existing City streets (excluding state or federal highways) that are not improved with curb and gutter, the developer shall include the improvements of these streets in the overall development of the area. Should the City Council determine that it is not feasible or desireable to develop said street at the time of development of the subdivision, the developer shall put his pro rata share for the improvements of said street (paving curb, and gutter for one-half of the street up to 17 feet) in escrow, or shall post a performance bond for one and one-half of the current cost of construction, until such time as improvement is deemed necessary by the City Council. The City Council may, after considering the recommendation of the Planning and Zoning Commission, determine that street paving is not necessitated by the devel- opment and the street will be improved later in the assessment paving program. The City Council may make this dete~nination in the following instances: (A) Single Family development not exceeding 3 acres in size or 3 lots. (B) Industrial development not exceeding 3 acres in size or 2 lots. In considering this issue the Council and Planning Commission shall take into consideration the exten, t of existing and anticipated development in the area, the amount of traffic, and the condition of the street. Motion was made by Stephens, seconded by Vela that alternative #3 above be accepted and that the City Attorney prepare m~ appropriate ordinance. ~4otion carried. 12. The Council considered authorizing the City Manager to sign a contract with the Marriott Brothers Construction Company for Airport runway and ts~xiway overlay. Assistant City Manager King Cole briefed the Council, stating that the contracts were lengthy, therefore, copies were not put in agenda books for Council ~'[embers, but would be available in his office. Motion was made by Stewart, seconded by Vela that the City Manager be authorized to sign a contract with ~arriott Brothers Construction Company for Airport runway and taxiway overlay. ~4otion carried. 13. The Council considered a report on bicycle safety in Denton. Stewart reviewed Bicycle Rules and Regulations--Article .XXI, Sections 178-184 of the State Statutes. He suggested that the City enforce the State law for the sake of the bicyclists' safety. No official action was taken. 14. The Council considered creating a Data Processing Advisory Board. Stephens advised that such a board could have long range plamning and free up Staff time. He recommended that in be set up for 2 years and that the Board would consist of 5 members. >~otion was made by Stephens, seconded by Vela to create a Data Processing4 Advisory~ Board and to direct the City Attorney to draft an appropriate ordinance tc be approved at the next Council meeting. ~'[otion carried. 15. IT~e Council received a report from Roland Harvey on the l~omen's Shelter. ~,~[r. Harve~~ advised that 44 women and 42 children have been sheltered and that ail were in severe need because of pi~ysic~l abuse. He also advised tkat presc they were turning dc~.n people, and if r~j~? did not get f~mding by the end of they wc~uld not be able to help t]~ose in ~eed, and that if they did not ?t [~unding December 1, t]~e~z would ha~e to cl~ose do~r~. He added t]~at they had asked t~e H~man Resources Co~nittee of the City for $i0,0~0, with hopes of £~mds from the State, private donations m~d $9,000 from United October 23, 1979 Continued 2~ Assistant City Manager King Cole advised that it would take emergency action to amend the City budget. Nash advised that the project was worthy, but the Council could not vote on the matter at this meeting. 16. The Council considered the final subdivision plat of the Wimbleton Village Phase I. Nash abstained because of engineering work he did on the project. Mayor Pro Tem Stephens took the chair. Motion was made by Hensley, seconded by Stm~art to approve the final sub- division plat of the Wimbleton Village Phase I. ~4otion carried with Nash abstaining. 17. The Council recessed into Executive Session at 9:15 p.m. to discuss legal matters, real estate, personnel and board appointments. 18. The Council reconvened into Public Session at 10:00 p.m. to am~ounce that no official action was to be taken. Meeting adjourned at 10:03 p.m. ~6 November 5, 1979 Special Called ~eeting of the City Council of the City of Denton, Texas, Monday, November 5, 1979 at 3:00 p.m. in %he Civil Defense Roam of the ~nicioal Building. PRESD~T: ~{ayor Nash, ~{ayor Pro Tem Stephens, ~4embers Stewart, Vela and Hensley; City ~.anager Chris Hartung, Acting City Attorney Butt Solomons and City Secretary Brooks Holt. 1. The Council considered a report from the legal staff on the City of Denton Charter revision. Robert L. Dillard, legal adviser on Charter matters, oresented a draft of Charter changes recommended by the Charter Revision Committe~, with the recomm- endations to be voted on in January, 1980. Dillard advised that the recommendation to change voting requirements on sale of the Utility system would be in conflict with State law and it's not required to hold an election for the aonroval or disapproval of revenue bonds. In~lementation of methods to elect and instsll a seven oerson Council was discussed at length. Geographical districts were also discussed. Mr. Dillard advised the Council that the ballot should not be lengthy. This would be detrimental. He added that housekeeping items to eliminate obsolete provisions and to bring the Charter into conformance with State law can be placed together on the ballot. ~eeting ad~our~d at ~l~;~-~m~ ~,~ MAYOR 297 November 6, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, November 6, 1979 at 7:00 p.m. in the Council Chamber of the ~nicipal Building. PP£S~NT: ~'~yor Nash, Mayor Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, Acting City Attorney Burr Solomons and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hensley that the minutes of October 16, 1979 and the minutes of October 23, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was hold on Z-1419, the petition of ~. H. S. Osborne, requesting annexation and Agricultural (A) classification on a 38.7 acre tract located east of FM 1830 which begins approximately 1800 feet south of the intersection of Hobson Lane and Country Club Road (~.4 1830) and has approxi- mately 40 feet of frontage along FM 1830. (The Planning and Zoning Commission recommends approval of this petition.) The Mayor opened the hearing. After hearing 1 speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that Mr. Osborne's reason for seek- ing annexation ~as to obtain City fire and ~olice protection for his home. He add- ed that according to the Fire Chief, fire protection could be made available. Motion was made by Vela, seconded by Hensley to approve the petition. )~otion carried. (B) A public hearing'was held on Z-1420, the petition of ~'~. Tom Jester, requesting a change of zoning from Single Family (SF-7) to ~lti-Family ~-1) zoning classification on a tract approximately 4.8 acres in size. The property is located along Mockingbird Lane beginning a~roximatel¥ 175 feet north of the intersection of ~ckingbird Lane and East ;~cKinney Street,'and has a~ro×i- mately 104 feet of frontage along East ~,~Kinney Street. (The Planning and ~oning Commission recommends denial of this petition.) The Mayor o~ened the hearing. After hearing 1 speak in favor and none in opposition the hearing was closed. City Planner John Lavretta stated that since more than 20% of the land- m~ners returned replies in opposition there must be a l/5 vote by the Council to approve. He added that both the staff and the Planning and Zoning Commission recommended denial. Motion was made by Stewart, seconded by Vela to deny the ~etition. 5~otion carried 4 to 1. (C) A ~ublic hearing was held on Z-1422, the ~etition of the City of Denton to consider annexation and AgricultUral (A) zoning classification on an a~ro×imately 1456 acre area beginnin~ at the ~resent City limits and extending 600 feet north of the centerline of ~ro~osed North Loop 288. (~e Planning and Zoning Commission reco~nends approval o~ this ~etition.) The Mayor o~ened the hearing. Dick Com~ton and another Northeast Denton resident snoke, stating that this group was in favor of orderly development and was in favor ~f the annexation proposed. Bob Tripp, Felix Callahan and Ken ~klntire o~osed armexation of the west portion. The hearing was closed. City Planner John Lavretta stated that state law permits home rule cities to annex 10% of its current land area ~er year, so the City has authority to annex the 1456 acre area in north Denton. November 6, 1979 Continued Utilities Director Bob Nelson advised that there are no soecial obstacles to providing utilities. The Fire and Police Chiefs feel that providing services will result in a small increase in their work load. Stewart requested that City Engineer Rick Svehla provide information regarding dates of construction and possible comDletion of the proposed Loop. Rick Svehla stated that construction of the Loop is anticipated between 1982 and 1987. The Mayor stated that he was against annexing agricultural land with no services. Motion was made by Vela, seconded by Stephens to annex only the east portion of the subject land. A roll call vote was requested. Stewart "aye", Vela "aye", Hensley "nay", Stephens "aye" and Nash "nay". (See Below) Acting City Attorney Butt Solomons stated that the matter could not be officially acted on at this meeting and that it should be placed on the next meeting' s agenda. $. The Council considered a reoort from the Human Resources Committee relative to funding for the Women's Shelter. City Planner John Lavretta advised that the Human Resources Committee voted unanimously to recognize and endorse the Women's Service Project and to reco~aend that the City fund the project for a minimum of $8,000 with an appeal to the Count7 to match these funds. He added that the Council should instruct the City Attorney to preoare an appropriate budget amendment document to orovide $8,000 for the Women's Service Project. DI SCUSSI ON: City Manager Chris Hartun~ advised that the City must draw ~ contract with the shelter organization. Vela stated that if the County matches the City's contribution the amount would be $16,000. He added that it was his hooe that ~29,000 could be funded. Motion was made by Stephens, seconded by ~ash to direct the City Attorney to prepare the necessary budget amendment document to fund ~8~000 as recommended by the Human Resources Committee~ ~otion Carried, 4. The Council considered a presentation by representatives of the John Knox Retirement Village relative to their proposal for f~mding under a housing finance corporation. Ted Downs, President of the John Knox Village of The ~etroplex, [nc., appesred before the Council asking them to consider the creation of a housing finance corporation which would have the power to issue its tax-exempt revenue bonds to fu~d the cost of the construction of John Knox Village. He advised that the John Knox Village was non-~rofit and has received exemnt ~a~ers from the IRS. Murray Hatcher of the J. C. Bradford Company, who would handle the financing of th~ ~roject, stated that the projected cost of the completed project would be 20 million dollars. He reviewed the process of the £unding for the John Knox Village at length. Stewart voiced concern relative to requests from more than one retire- ment village. The City Manager suggested that the Council keep their eyes open on this problem beca{~se if one organization defaults what would happen to the others? He added that the Council should discuss whether the City would have one or more housing finance corporations. The 5~anager asked t~o other questions--Is the John Knox Village affiliated with another such ~roject and is the financing status of John Lnox Village available? November 6, 1979 Continued 2~9 On the first question Hatcher stated "no" and on the second question "yes". The ?~nager also asked, "Is the management of the facilities by an out- side firm?" The answer was that the John Knox Village has a consulting agreement with CSI Retirement Services. Hatcher pointed out that the plans include a four story building with 240 apartments, 83 cluster cottages and 80 individual cottages. No official action was taken. 5. The Council considered the request of the Greater Denton Arts Council relative to their proposal for the use and management of the Old Post Office Building. James J. Johnson, Jr., President of the Greater Denton Arts Council gave the following report: (A) Phase I, pertaining to major mechanicals, general building reoairs and restoration of offices and lobby will cost $12.S00. CO (B) The cost of ooerating the building will be $28,000. (C) Phase It to include a shop foreman will be ~38,000. (D) The management and o~eration of the buildin~ become the respon- sibility of the Arts Administrator. (E) Another consideration for a contract includes length of lease--IS year minimum. The Ad Hoc Proposal Committee .~ave the following recommendations: IA) The cost to the City should be minimum and ideally have long range potential for some income to the City or the building should pay its own way. (B) The use should provide significant building renovation work. (C) Provide contract safeguards of insuring that the building is maintained to City expectations throughout the contract term; and insuring that City cost will not increase without City Council authorization. (D) A use that promotes the historical significance of the building as a co~,,~,unity landmark. (E) Provide uses that would contribute to the vitality of the down- town area by attracting daily activities (both night and day). The City Manager advised that the Council should be concerned with the condition of the air conditioning, plumbing, wiring and general repair. ?!otion was made by Vela, seconded by Stephens that City Planner John Lavretta and Council ~!embers Bill Nash and Roland Vela get together to work out a contract with the Greater Denton Arts Council and to bring back a recommendation to the City Council. ~,otion carried. 6. The Council considered a oresentation by representatives of Texas Woman's University relative to their proposal for the re-routing of Bell Avenue. Dr. ~,'~ary. Evelyn Huey, President of /]~.,U, made the following preliminary remarks, stating that the Board of Regents of /]\~3 adopted on August 3, 1978 a ~aster Plan for the physical development of the Dent°n cammus to include important features which will involve coo~era%ive efforts with the C~tv. The chief effect being the re-routing of Bell Avenue to remove the bottleneck' and eliminate hazards to pedestrian traffic. Dr. Huev added that the prooosai calls for /3~ to dedicate land at the western edge of the' University Golf Course for the construction of a widened Bell Avenue Park~vay. The southern end of the Park~av would be near Withers and will have to be obtained. The oresent Bell Avenue would' be closed to throuKh traffic. The area then will become a ~edestrian mall. November 6, 1979 Continued Stewart asked if the University would provide land for widening of Mingo Road. Dr. Huey said they would consider it. Vela asked what the cost of the Par~vay would be. Dr. Huey advised it would be 2 million dollars. 7. ORDINANCES: The following ordinances were presented: (A) ORDINANCE #79-81 AN ORDINTLNCE OF THE CITY OF DENTON, TEXAS, CREATING A "DATA PROCESSING ADVISORY BOARD" AND PROVIDING FOR APPOINT~2,~ AND ~fl~,~EP~SHIP; PROVIDING FOR POWERS AND DUTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. ~,Iotion was made by Stephens, seconded by Stewart that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". ~tion carried. (B) OP~INANCE #79-82 (~.~ ~ AN ORDI~4NCE OF THE CITY OF DENTON, TEXAS, A~NDING O~INANCE NO. 79-69 COKRECT~ lNG THE b'~TES AND BOUNDS DESCRIPTION OF L~ND DISANNEXED ON SEPT~ER 4, 1979 AS A PART OF THE CITY OF DENTON; AND DECLARING AN EFFECT~ DATE. ~tion was made by Nash, seconded by Vela that the Ordinance be ~assed. On roll call vote Stewart "ayg", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". ~4otion carried. (C) ORDINANCE #?9-83 (John Stout) .kN ORDINANCE ANNEXATING A TRACT OF LA~.D CON~I~JOUS AND ADJACEN7 TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR P~RCEL OF 1AND CONSISTING OF .~°PROXI- ?4ATELY 66,241.04 SQUARE FEET OF LAND LYING AND BEING SITUATED tN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE WILLIAM B~XAN SUR¥~Y, ABSTRACT NO. 148, DENTON COUNTY, TEXAS; CLASSIFYING THE S~ AS AGRICULTUKtL 'W' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. ~tion was made by Stewart, seconded by Stephens that the ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "~¥e" and Nash "aye". Motion carried. 8. RESOLUTIONS: (A) The Council considered a resolution aopointing a new City Attorney. Prior to considering the resolution Bill Williamson requested to be heard. He requested additional investigation before hiring C. J. Taylor as the new City Attorney. DISCUSSION: Stewart--"We have thoroughly investigated ~@. Taylor and we have made the right decision--he is highly capable." Nash--"We are okwhere we are. I am., opposed to hiring an Attorney at this time." " Vela--"If we had any questions of substance I would not agree to the appointment. The following Resolution was oresented: AT A REGULAR?.~ETING OF THE CITY COUNCIL OF THE CITY OF DE?,~ON, TEXAS, .HELD IN THE ~fONICIPAL BUILDING OF SAID CITY ON THE 6TH DAY ~F NOX,~,~ER, A.D. 1979. November 6, 1979 Continued 301 RESOLUTION ~EREAS, the City Council of the City of Denton, Texas, acting in accordance with its powers under the Charter to aoooint a City Attorney for the City of Denton did advertise in various ~ublicat~ns and othen~ise for interested persons to submit an application for' the position of City Attorney; and ~{EREAS, the City Council has reviewed and considered all persons who applied for the position of City Attorney of the City of Denton~ NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COUNCIL OF THE CITY OF DE~FON, TEXAS: SECTION I. That C. J. Taylor is hereby retained and employed as the City Attorney of the City of Denton, Texas, to be effective as of November 12, 1979; and, to ha~e all the powers and perform all the duties as provided by the Charter of the City of Denton. SECTION II. That the City Attorney shall receive such conmensation as may be authorized by the City Council for each fiscal year of the ~ity of Denton. SECTION III. That this Resolution shall take effect immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED THIS the 6th day of November, A. D. 1979. /s/ BILL NASH, -~YOR CITY OF DENTON, TEXAS A?TEST: /s/ BROOKS HOLT, CITY SECRETARY. CITY OF D~qTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTORNEY CITY OF D~TON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be oassed. On roll call vote Hensley "naT", Vela "aye", Stewart "aye", Stephens "aye" and Nash "nay". Motion carried 3 to 2. (B) ~]~e following Resolution casting the City of Denton's vote to nominees of the Board of the County l~ide Single Appraisal' District was presented: AT A REGULAR )~ETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, H~LD IN THE -~[INICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF NOVE~'~£R, A. D. 1979. RESOLUTION ll~-~REAS, pursuant to the provisions of Senate Bill 621 relating to the creating of a single appraisal district for each county in the State of Texas, the City Council of the City of Denton, Texas nominated Raymond Pitts by a Resolution dated October 9, 1979, to fill a position on the Board of Directors to the county-wide aopraisal district; and WHEREAS, it has been determined that the City of Denton, Texas is entitled to cast a total of 741 votes for the candidates nominated to serve on said Board of Directors: NOI~r, THEREFORE, BE IT RESOLVED BY THE. CITY COllWCIL OF ~ CITY OF DENTON, TEXAS: SECTION I. That the City of Denton, Texas hereby casts its voting entitlement as follows: All 741 votes to Raymond Pitts. 302 November 6, 1979 Continued SECTION II. That this Resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the 6th day of November, A. D. 1979. /s/ BILL NASH, ~AYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOLOMONS, ACTING CITY ATTOP~NEY, CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". ~.otion carried. (C) The following Resolution authorizing the ourchase of 17,587.76 square feet for improvements to Pecan Creek 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 NOI~-~ER, 1979. RESOLUTION ~,~EREAS, the City of Denton finds it necessary to ourchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and I~4EREAS, the City of Denton and owner of said parcel, Sherman Byrd and wife, Pearlean Byrd, agree that a consideration of $2,250.00 is a fair and agreed value of such described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEX]~S, THAT: 1. The City Attorney is hereby authorized to orepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Ail 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 Hiram Sisco Survey, Abstract No. 1184, and being part of a tract of land as conveyed from .~-'k C. She~ard to Sherman Byrd and wife, Pearlean Byrd by deed dated Aoril 16, 1951 and recordS3 in Volume 575, Page 557 of the Deed Records of Denton C~unty, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said Byrd tract said point of beginning lying in the north right of way line of Prairie Street and also being the southwest corner of a tract of land, called "Tract Five" as conveyed from Lorene She~ard Darrow, et al to Lorene Sheppard Darrow, et al by deed dated September 19,~ ~975 and recorded in Volume 754, Page 532 of the Deed Records of Denton County, Texas; TFYmNCE north 89 16' west along the south boundary line of said tract same being the north right of x~ay line of Prairie Street a distance of 43.15 feet to a point for a corner; THENCE north 22 45' 40" east 40.0 feet west of and ~arallel with the east boundary line of said tract a distance of 65.49 feet to a point; TH~CE north 14 29' east 40.0 feet west of and ~arallel with the east boundary. line of said tract a distance of 97.49 feet to a point for a corner; November 6, 1979 Continued THENCE north 37 23' 30" east 40.0 feet west of and parallel with the east boundary line of said tract a distance of 97.49 feet to a poi{~t for a comer. THENCE north ?6 22' 30" west 30.0 feet south of and parallel with the north boundary line of said tract a distance of 173.64 feet to a point for a comer in the west boundary line of said tract; THENCE north 0 00' 30" west along the west boundary line of said tract a distance of 30.87 feet to a point for a corner same being the northwest corner of said tract; THENCE south ?6 22' 30" east along the north boundary line of said tract a distance of 204.4 feet to a point; THENCE south 00 36' 20" east along the north boundary line of said tract a distance of 30.9 feet to a point for a corner, same being the northeast corner of said tract; THENCE south 3? 23' 30" west along the west boundary line of said tract a distance of 108.8 feet to a point; THENCE south 22 45' 40" west along the west boundary line of said tract a distance of 52.2 feet to the place of beginning and containing 17,587.76 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Sherman Byrd and wife, Pearlean Byrd as mmer of said described property, consideration in the amount of $2,250.00 purchase price, Dills any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AYD APPROVED this the 6th day of November, 1979. BILL NASH, ~,~AYOR CITY OF DF~NTON, TEXAS ATTE ST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, ~EXAS APPROVED AS TO LEGAL FOR~: /s/ BURT R. SOLOMONS, ACTING CITY ATIOP~NEY CITY OF D~FTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". B{otion carried. 9. The Council concurred to delete consideration of changing the Library policy on book loans to university students. 10. ~.fotion was made by Stewart, seconded by Vela to consider appointments to the City-County Joint Projects Coordinating B~ard in the Executive' Session. ~fotion carried. 11. The Council considered awarding a contract for the 1980 Electric Utility Power Supply Study. "The Public Utilities Board at its meeting on Wednesday, October 24, 1979 interviewed three consulting firms who submitted a proposal for the 1980 Electric Utility Power Supply Study--they were: EBASCO of Dallas, Gibbs, Hill, Inc. of Dallas and Gilbert ~anagement Associates of Reedin~ Pennsylvania", Nelson said. The Utilities Board reco~i~i~ended Gilbert Management Associates to conduct the study at a cost of $58,000 plus expenses. b~otion was made b~rash, seconded by Vela that Gilbert 5~anagement Associates be approved to ~onduct the 1980 Electric Utility Power Supply Study at a cost of $58,000 plus exp~nses. ~otion carried. November 6, 1979 Continued 12. The Council considered a progress report on traffic ticket enforcement. Acting City Attorney Burr Solomons made a brief re~ort on the traffic ticket enforcement, advising that progress is being made. 13. The Council considered a recommendation from the Airport Advisory Board relative to recapturing the Airport Terminal Building. Assistant City ~.~anager King Cole advised that the Airport Advisory Board has recommended that the Council recapture the Airport Terminal Building and the adjacent apron area as illustrated in the 1979 contract. This calls for the City of Denton to construct for Aerosmith Denton Corooration an 80,000 square foot apron space to replace the apron s~ace that Aer~smith is losing in the recapture lease. No official action was taken. 14. The Council agreed to delete the consideration of a Resolution notifying Aerosmith Denton Corporation of the City's intent to recapture the Airport Terminal Building. 15. The Council considered the following Ordinance authorizing the issuance of Certificates of Obligation for a Central Fire Station: ORDINANCE #79-84 ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION. ~.~otion was made by Vela, seconded by Stewart that the Ordinance be passed. On roll call vote Hensley "ave", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 16. The Council considered mvarding bids for construction of the Central Fire Station. ~/~ ~/~. Gerald Stone advised that he was pleased with the results of the bidding. ~tion was made by Vela, seconded by Stewart to accept the bid of C-KOE Builders, Inc. of Euless at'a bid of ~685,620 and to authorize the Staff to ~roceed. ~tion carried. Assistant CityManager King Cole advised that the budget for the Central Fire Station will be as follows: Source of Funds $572,000 Bonds voted for Central Fire Station $275,000 Certificates of Obligation approved by Council $802,000 Total funds available Construction Costs $685 620 Bid of C-KOE Builders, Inc. of Euless 6 122 Land acquisition (Plaster Hut - Zitzelburger) 1 800 Soils testing 6 000 Demolition - old Police Station 46.279 Architect & Engineering Fees 17.600 Furniture & Equipment $763 421 Total Project Cost 17. The Council considered a recommendation from the Con~nunity Development Advisory Board relative to the 1980 Community Development Block Grant, and conduct- ing a public hearing on the Grant Application. City Planner John Lavretta stated that the Community Development Advisory Board unanimously recommended the following Drograms to the Council on the 1980 Grant Application: November 6, 1979 Continued 505 (A) Housing Progr~ns: (1) Housing Rehabilitation ......... $225,000 (2) Code Enforcement ............... $ 25,000 (3) Demolition ..................... $ 15,000 (B) Street Paving (1) Robertson Street ............... $ 84,000 (C) Women's Shelter .................. $ 14,000 (D) Administration ................... $ 25,000 (E) Contingency ...................... $ 8,000 TOTAL $396,000 A public hearing was held on the 1980 Community Development Block Grant Application. Roland Harvey, representing the Women's Shelter, smoke, askin.~ for ~unding for the Shelter. The hearing was closed. No official action was taken. 18. The Council considered a recommendation from the Planning and Zoning Cormnission on the development of a City-wide land use plan. City Planner John Lavretta advised that the Planning and Zoning Comm- ission reviewed four issues at their meeting of October 17, 1979. They recommend- ed that the City initiate a city-wide planning program rather than just a neig? borhood study funded by the City's HUD Grant. They also recommended that the City utilize full scale citizen, participation approach. Motion was m.a~d~__~.~..~te~hens, seconded by Vela to adopt the budget of $47,900. The current.~j~-~i~ll ¢rov~de ~44,000 and the rema~n~n~ S3,900 w~ll be taken from contingency funds in th~ Grant. Motion carried. 19. The Council set the November 13, 1979 Study Session Agenda. 20. CONSENT AGENDA: ~.,layor Nash requested that item C-2, consideration of final replat of the Village Phase I, be removed from the Consent Agenda. Motion was made by Stewart, seconded by Nash that the following Consent Agenda be approved. ~4otion carried. (A) The following petitions were referred to the Planning and Zoning Comm- ission for its recommendations: (1) Z-1423, the petition of Mr. Tom Jester, requesting a change of zoning from General Retail (GR) and Single Family (SF-7) to Light Industrial (L[) zoning classification on a tract ap¢roximately 13.9 acres in size. The ¢roperty begins at the northwest corner of ~he intersection of Woodrow Lane ~nd M-ors~ Street. (2) Z-1424, the petition of the V. D. Burch Estate, requesting deannexation of approximately 63.6 acres located along Highway 377 beginning approximately 3850 feet south of the intersection of the Santa Fe railroad tracks and Highway 377. (3) Z-1425, the ~etition of ~'~r. James Dentico, re~uestin~ a change of zoning from Agricultural (A)'to Single Family (SF-16) zoning ~lassification on a tract aCpro×imately 9.5 acres in size. The property is located adjacent to and eagt of the Montecito subdivision. November 6, 1979 Continued (B) BIDS/PURCHASE ORDERS (1) Bid #8682, lease-purchase financing, side loading refuse collection vehicles awarded to First Continental Leasing Corporation. [C) PLATS: (1) Final subdivision plat of Southmont addition a~roved. (2) Final subdivision plat of Forrestridge Section II approved. 21. The Council considered the final re~lat of the Village Phase I. Nash abstained from voting because of engineering work. Motion was made by Stewart, seconded by Hensley to approve the final replat of the Village Phase I. }.{otion carried with Nash abstaining. 22. The Council recessed into Executive Session at 11:00 p.m. to discuss legal matters, real estate, personnel and board appointments. 23. The Council reconvened into Public Session at 11:45 p.m. Motion was made by Stephens, seconded by Stewart that the following citizens be named to the Joint Projects Coordinating Board: Dr. Alex Finlay, Sam Barton and Clovis Morrison. }~tion carried. Notion was made by Stewart, seconded by Vela that Marvin Loveless be appointed to the Public Ikilities Board. }~tion carried. Meeting adjourned at 11:49 p.m. ~D~YOR City Council November 13, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, November 13, 1979 at 5:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Stewart and Hensley; Assist- ant City Manager King Cole, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Vela and City Manager Chris Hartung. 1. The Council considered an appearance by representatives of First South- west Company relative to the City's participation in Municipal Mortgage Finance programs. Frank Medanich of the First Southwest Company advised that: (A) First Southwest has been contacted by investment bankers represent- lng the Good Samaritan Society. (B) The City has gotten lots of information from the Good Samaritan ~0 Society, as has First Southwest. [r) (C) The Good Samaritan Society wants to create a non profit corporation ~ to issue bonds to buy from the Society an existing facility and subsequently re- hJ sell or lease it back to the Society to pay for the facility debt. (D) We do not have a formal presentation to the Council. (E) The Society does seem to be adequately financed. [F) Neither Standard and Poors nor Moody's has rated this particular security. (G) The Housing Authority must be authorized, incorporated and regis- tered with the State, then we will present our proposal to the Authority. (H) It takes 5 to 4 months before bonds can be sold and closed, and bond proceeds must be in the hands of the trustees by the end of March. (I) In the event default occurs it would have a credit impact on this co~m~m~ity. QUESTIONS: Mayor Nash--"Frank, will you inquire if Moodys or Standard and Poors will rate Good Samaritan?" Medmnich- ~"Yes. '' Stewart--"Is it possible for you to forward information on John Knox Village?" Medanich--"Yes." 2. The Council was to have considered a resolution extending the employment agreement between the City and the City Manager. Motion w~s made by Stewart, seconded by Hensley to table the matter since all Council members were not present. Motion carried. 3. The Council considered the following resolution authorizing settlement of the IV. C. Gay, et al vs. City of Denton lawsuit: AT A SPECIAL b~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HElD IN TH~ ~.fONICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF NOVENMER, A.D. 1979. RESOLUTION ~fl~EREAS, negotiations have taken place and agreements reached for the settlement of the lawsuit styled, IV. C. GAY~ ET AL V. CITY OF DENTON~ TEXAS in the amount of $1,000.00; and November 15, 1979 Continued WHEREAS, the City Council of the City of Denton after careful consideration of the matter finds that the W. C. GAY lawsuit should be settled according to these negotiations and agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the City Attorney is hereby authorized and directed to ex?end money from the General Funds in the amount of $1,000.00 for settlement of the W. C. GAY ET AL v. CITY OF DENTON~ TEXAS lawsuit. 2. That this resolution be effective ii~ediately from and upon its passage and approval by the City Council of the City of Denton, Texas: PASSED AND APPROVED this the 13th day of November, A. D. 1979. /s/ BiLL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ BURT R. SOIZNONS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Hensley that the resolution be approved. On roll call vote Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 4. The Council considered final recommendations from the Co~m~anity Develop- ment Advisory Comnittee on the 1980 Grant Application. City Planner'John Lavretta briefed the Council, giving the following recommended projects from the Co,,,,tunity Development Advisory Col,,,~ttee on the 1980 grant application: Housing Program Rehabilitation .............. $ 225,000 Code Enforcement ............ $ 25,000 Demolition .................. $ 15,000 Street Paving Robertson Street ............ $ 84,000 Women's Shelter ............... $ 14,000 Administration ................ $ 25,000 Contingency ................... $ 8,000 Sheltered Workshop ............ $100,000 'The Grant Advisory Col,,,,ittee also recommended that we expand the service area for the home rehabilitation program," Lavretta said. Motion was made by Stephens, seconded by Nash that final recommendations from the Community Development Advisory Committee on the 1980 Grant Application be approved with thanks to the Committee and the City Staff. Motion carried. 5. The Council was to consider awarding bids for channel improvements on Pecan Creek. No bids were receivedj according to John Lavretta. November 13, 1979 Continued ~0~ 6. The Council considered awarding bids for the development of a park in southeast Denton as follows: ~ (A) Bid #8?04 for fence--Dick Huck advised that an error was made in the specifications, and he recommended rebidding this item. (B) Bid #8706 for ~lay court and accessories--Dick Huck advised that the bids were $8,000 over budget. (C) Bid #8705 for playground equipment--Dick Huck recommended that the bid be awarded to Miracle'Playground Equipment Comoany. Motion was made by Stewart, seconded by Hensley that Did #8705 for play- ground equipment be awarded to Miracle Playground Equipment Co~rpany at $10,850, subject to the approval of HUD, and that bid #8704 ~nd bid #8?06 be rebid. Motion carried. ?. The Council considered awarding bids for construction of the new Animal Shelter. Assistant City Manager King Cole briefed the Council, advising that the low bid for the construction was $192,045 by the David Duffield Comoany of Denton. He added that $90,000 to $100,000 was budgeted for this site. He also advised that he discussed the matter with Police Chief Robert ~ills and Finance Director Bill McNary and it does not ~ppear to be feasible to generate an extra $100,000 from our existing budget. Architect Kirkpatrick advised that he would redesign the building at his expense and would prepare a sketch if a portion of the shelter was built. Motion was made by Stewart, seconded byHensley to rebid the shelter. Motion carried. Meeting adjourned at S:50 p.m. ~[RYOR City Council November 20, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, November 20, 1979 at 7:00 p.m. in the Council Chamber of the ~,~nicipal Building. PRESF~NT: ~myor Nash, Mayor Pro Tem Stephens, Members Stewart and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Hensley. 1. Motion was made by Stephens, seconded by Stewart that the minutes of the Special Called Meeting of November 5, 1979; the Regular ~eeting of November 6, 1979; and the Special Called Meeting of November 13, 1979 be approved. Motion carried. 2. The Council considered a final report on the 1979 S~mner Playground Program with NTSU. An excellent slide presentation was shown of the Denton s~mner play scene of 1979 which was a cooperative effort of the City Parks and Recreation Department and NTSU. Parks and Recreation Director Dick Huck pointed out that the program was held at Denton Civic, Nette Shultz and Fred Moore Parks. Dr. David Compton of Recreation and Leisure Studies of NTSU headed the program. 3. The Council considered an appearance by Danny L. Smith relative to vandalism in the City and the need for a Police Officer Recruiting Program. Mr. Smith advised that the front and back doors were shot out of a building on ~est Hickory and that other business buildings were shot at. He requested more night police patrol and better pay for ~olice. - 4. The Council j~idered an appearance by Deborah Shelton of the Denton Humane Society rela_ti~the licensing of pets' for animal control purposes. M~a~..~~_~mtea a stronz registration system for all ~ets in the City limits. She r~co~,.~ended that o~ers of oets be held resoonsible for meeting the ordinances relative to pets. Mayor Nash requested that the City Manager present a recomnendation to the Council at the next regular meeting. 5. ORDINANCES: (A) The Council was to consider an Ordinance initiating annexation proceedings regarding the petition of the City of Denton for annexation and Agricultural (A) zoning classification for an area east of North Locust Street and extending to University and extending north of the present City limit to 600 feet beyond the proposed North Loop 288; Z-1422. .W. otion was made by Vela, seconded by Stewart to table the matter until Council Member Hensley is present. Motion carried 3 to 1. 6. RESOLUTIONS: (A) The following Resolution amendin~ the budget ordinance for fiscal year 19'79-80 by increasing the General Fund in the amount of $8,000 for the funding of the Denton Women's Shelter was presented: AT A REGLruAR i~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~,~RfNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF NOV~fBER, A.D. 1979. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas finds it of grave public necessity to mnend the City of Denton budget as adopted fcr the fiscal year of 1979~$0 in order to meet unusual and unforseen conditions with regard to funding of the Denton Women's Shelter. November 20, 1979 Continued ~ ] 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the official budget of the City of Denton, Texas for the fiscal year of 1979-80 be amended to increase appropriations in the General F~nd in the amount of $8,000.00. 2. That a copy of this Resolution by the City Council be filed with the City Secretary and published in the next available issue of the official newspaper of the City of Denton. 3. That a copy of this Resolution be attached to the official 1979-80 budget as originally adopted. 4. That this Resolution be effective immediately from and u~on its passage and approval by the City Council of the City of Denton, Texas. PASSED A~) APPROVED this the 20th day of November, A.D. 1979. /s/ BILL NASH, },iIYOR ATTEST CITY OF DENTON, TEXAS /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOP4,1: /s/ Bu~'r R. SOLOMONS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TE~S Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Vela "ave", Stephens "ave" a~d Nash "aye". Motion carried. ' ' (B) The following Resolution extending the employment agreement between the City and the City Manager was presented: AT A REGULAR ~£ETING OF THE CITY COUNCIL OF T~ CITY OF DF~NTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF NOVEMBER, A.D. !979. RESOLUTION b~REAS, on September 13, 1977, the City Council of the City of Denton, Texas, entered in an employment agreement with G. Chris Hartung to' serve as City Manager of the City of Denton, Texas; and ~x~EREAS, the City Council of the City of Denton is desirous of re~aining G. Chris Hartung as the City Manager of the City of Denton, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, T~S: SECTION I. That the Mayor of the City of Denton, Texas is hereby authorized to enter into a revised employment agreement wi~h G. Chris Hartung to be effective immediately from and upon its date of execution and for a period of one year thereafter. SECTION II. That this Resolution be effective immediately from and after its passage and approval by the City Council of the City of Denton, Texas. PASSED 'AND APPROVED this the 20th day of November, A. D. 1979. /s/ /s/ BILL ~SH, b~lYOR BROOKS HOLT, CITY SECRETARY /S/ ~URT R. SOL~\[ONS, ASST. CiTY ATTOPuV£Y November 20, 1979 Continued Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 7. The Council considered the petition of the V. D. Burch Estate, request- ing deannexation of approximately 63.6 acres of land located along either side of Highway 377 in southwest Denton County. Motion was made by Stephens, seconded by Vela that the petition be approved and to instruct the City Attorney to prepare an appropriate ordinance. Motion carried. 8. The Council considered the request of North Texas State University for quit claim of a right-or-way for Wilshire Street located between Avenue D and Avenue E. City Planner John Lavretta briefed the Council advising that North Texas State University has been purchasing land in Block 3003 and now owns all of the land adjoining the Wilshire Right-of Way. North Texas State University has no immediate plans for the property, but the last NTSU master plan designated the area to be developed as a major entrance to the canmus from 1-35. No street exists at this location and no street is planned for this right-of-way. There is a sewer line in the right-of-way but it no longer serves any property. The Planning, Engineering, and Utility Departments have each reviewed this request and can forsee no public use for the right-of-way. The existing sewer line would be abandoned along with the right-of-way. The Planning and Zoning Commiss- ion recommended approval. Motion was made by Stewart, seconded by Vela that the quit clai!n be approved. Motion carried. 9. The Council considered a report on the status of the wood shingle roof ordinance. The City ~4anager advised that the Building Code Board has been studying this matter and that the Code Board will meet on November 29. Motion was made by Vela, seconded by Stewart to table the matter. Motion carried. 10. The Council considered a recommendation from the Building Code Board on mobile homes and their use within the City. City Manager Hartung advised as follows: At its October meeting, the Building Code Board Board reviewed all the information given to them by the Staff on mobile homes. Currently some mobile homes meet or can be modified to meet all of the pertinent cor~struction codes of the City of Denton. The Board discussed this item at two different meetings and finally decided to recommend to the Council that no regulations be put on the use of mobil~ homes. It was the feeling of the Board -that their use in zones like co,~ercial or general retail would not have any ill effects on the community and that their use in residential areas would in all likelihood be prohibited by deed restrictions or other covenants. The basic recommendation was that since there appear to be no problems at this point, no action should be taken. Motion was made by Stephens, seconded by Stewart to accept the recomm- endation of the Building Code Board. ~%otion carried. 11. The Council considered disposition of excess right-of-way along Sherman Drive at Denison Street. City Planner John Law~etta gave the following report: In order to extend Sherman Drive from Denison Street to Carroll Blvd. it was necessary for the City to acquire portions of several lots. The design of the street left excess property remaining on the south side of Sherman Drive. Ms. Bonnie Maxwell of the Morelle ~iller Company has requested acquisition of the 4650 square foot parcel. The Planning and Zoning Commission reviewed disposition of this excess public property at its meetin~ of November 7, 1979. It was the unanimous decision of the Pl.anning and Zonin~o Commission to recommend disposition of the requested parcel. The only potential use the City may have for the right-of-way is for a Parkway. If retained, the City would be required to expend public funds for its maintenance. November 20, 1979 Continued ~3 ~tion was made by Vela, seconded by Stephens to dispose of excess right-of-wayproperty along Sherman Drive at Denison. Motion carried. 12. The Council considered a preliminary report on the street condition inventory and the proposed Street Inmrovement Program. The City Manager introduced Greg Edwards, a new employee in the C~i~unity Development Department, who advised that there is ~pproximately 9.8 miles of streets with curb and gutter and 9.35 miles of street without curb and gutter to be reconstructed, an additioal 45.9 miles of streets with curb and gutter and 3.? miles of streets without curb and gutter that need an overlay or repaving. Using current costs from our last maior project and also existing costs of asphalt and indications from other cities onVthe cost of repaying, we have come up with the following cost for the four categories: Reconstruction of streets with curb & gutter $3,900,000. Reconstruction of streets without curb & gutter $2,000,000. Repaying or overlaying with curb and gutter $2,800,000. Repaying or overlaying without curb and gutter $ 200,000. TOTAL $8,900,000. Engineering 10% 900,000. TOTAL $9,800,000. The City Manager recommended referral to the Planning and Zoning Comm- ission for such matters as priorities, scheduling, areas where capacity is inadeq- uate. He added that major commitment of f~nds will be required. He also recormn- ended to give careful study before presenting to the voters, with the Council giving unanimous support, and that next April will be the earliest for street improvement plans to be submitted to the electorate. The Staff has completed a revim~ of the cost estimate on Bell Avenue. He adviged that we are not sure of the figures used by the University but we have computed the cost based bids that ~¢ere received on our last major oroject which was Windsor Drive. Our estimate included not only the construction of a new road from Mingo to University but also a new four lane facility from Mingo south to the proposed junction with Bell Avenue. The estimate included a 49 foot street, adequate drainage for the street and the inclusion of a double 8' x 8' box culvert for oedestrian traffic movements to the track facilities. This totals approximately $600,000. If we add in an additional 15% for engineering mhd a 30% increase in inflation {assuming 18 months to 2 years for const~.ction) a total cost of the project would be approx- imately $900,000. Council Member Vela stated that he would like to see option for voters on three levels of cost so that voters can vote a yes or no choice. Mayor Nash asked that the City Manager check with the City's Financial Advisors. 13. CONS~NTAGENDA Mayor Nash requested that consideration of final subdivision plat of the S~¥~it Addition be removed from the Consent Agenda since he did engineering work on the project. ~tion washy Stephens, seconded by Stewart to approve the follow- ing Cons em ~.O~e~i~ '~q~d. The following $ petitions referred to the Planning and Zoning Comm- ission for its recommendations: (1) Z-1426, the petition of Mr. Friedman, requesting a change of zoning from Single Family (SF-7) to ~ulti Family Restricted ~-R) on a tract of approximately 9.75 acres in size. The property begins approximately ?50 feet east of the intersection of ~ack Place and EastMcKinnev Street and has approxi- mately 654 feet of frontage along the north side of East'~!cKinnev Street. (2) Z-1427, the petition of ~rs. Opal Bro,,n, requesting a change of zoning from Single Family (sF-?) to Light Industrial (LI) z6ning classification on a tract approximately 5 acres in size. The orgperty is more particu!arlv descr- ibed as Lots 1, 10 and 11 of Block 171, and is ~ocated between the Texas an~ Pacific Railroad -and Paisley Street. November 20, 1979 Continued (3) Z-1428, the oetition of Mr. John Leak, requesting a change of zoning from a Planned Development for General Retail (PD) to Commercial (C) zon- ing classification at 2030 West University Drive. The property is more particu- larly described as Lot 3.1 of Block 4071. (B) BIDS/PURCHASE ORDERS (1) Bid #8696, Miscellaneous Water & Sewer Supplies was awarded as follows: Section A & B-Brass goods to Industrial International Section A item 14 only- Cooper setters to Trans Tex Supply Section C-Full circle pipe repair clamp to Trans Tex Supply Section D-Full circle tapped clamp to Trans Tex Supply Section E-Pipe repair clamps to Atlas Utility Supply Section F-Comoression Couplings to Atlas Utility Stroply Section G-Couplings to Trans Tex Supply Section H-Fire hydrants & extensions to Bowles & Eden Section I-Cast iron gate valves to Bowles & Eden Section J & K-Tapping valves & tapping sleeves to Bowles & Eden Section L-Tapping saddles to Trans Tex Supply Section M-Manhole Rings & Lids to Trans Tex Supply Section N-Bronze Gate Valves to Industrial International Section O-Valve Boxes, lids, extensions & bases to Fitting Supply Section P-Water Boxes to Fitting Supply (2) Bid #8701, Air switches, awarded to Temple, Inc. for a total of $10,802. (C) PLATS: (1) Final subdivision replat of Willowcreek Addition Section II approved. (2) Final subdivision plat of Bethel Temple Church Addition app- roved. 14. The Council considered final subdivision plat of the Summit Addition. Motion was made by Stephens, seconded by Stewart to approve the final subdivision plat of the S~m,it Addition. Motion carried with Nash abstaining because of engineering work. 15. The Council recessed into Executive Session at 8:30 p.m. to discuss legal matters, real estate, personnel and board appointments. 16. The Council reconvened into Public Session at 9:35 p.m. Motion was made by Stephens, seconded by Stewart that the following persons be named to the Data Processing Advisory Board: James Earp-Hoore Business Forms, Don Pugh-Hedical Lab, Gerald Cardwell-Fidelity Union-Dallas, Bill Shanks- Andrew Corp. and James Baird-CPA. Hotion carried. Meeting adjourned at 9:45 p.m. MAYOR CITY SECRETARY iNovember 27, 1979 Special Called Emergency lW. eetin~ 6f the City Council of the City of Denton, Texas, PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Stewart and Vela; City Manager Chris Hartung, City Attprney C. $. Taylor, City Secretary Brooks Holt. ^lso present ms Bob Di2[lard, Attorney. ABSENT: Council Member Hensley. i 1. The Council considered propositions for the Charter Amendment Ordinance as follows: Section 2.01(a)--The C~uncil shall have seven (7) members six [6) Council- persons and a Mayor. The manner of their election is prescribed herein. Each Council- person shall be elected to and occ]py a place on the Council, such places being number- ed one, two, three, four, five an, six. ' Motion was made by Stc )hens, seconded by Vela that Section 2.01(a) be approved. ~4otion carried. Section 2.01~)--Four [4) members of the Council whose positions shall be places one, two, three and four, shall be elected by the qualified voters of single-member geographical distric~:s of the City, known as districts one, two, three and four, as such districts may frt~n time to time be determined by the City Council in accordance with Section 2.01[d)and created and described by ordinance. Two members of the Council and the May~r shall be elected by the qualified voters of the ~ntire City, commonly known as at ~.arge. One [1) at large member, place five, shall e elected from residents of districts one or two, and one (1) at large member, place six, shall be elected from residen s of districts three or four. Motion was made by Stephens, seconded by Vela that Section 2.01Co) be approved. ~{otion carried. Section ~.01(c)--All m~mbers of the Council and the Mayor shall be elected for 'three (3 year terms a~d shall not be eligible for election to more than two consecutive three [$) year tells, such terms to co~m~,ence with the first three year term to which such member or ~ayor is elected after the adoption of this section. Motion was made by Stewart, seconded by Vela to approve two [2) 'year terms rather than three [~)'~ ~otion carried. Section 2.01[d)--The CoUncil shall from time to time create and describe by ordinance election districts known as districts one, two, three and four. Such districts shall be created so that each will ~.ontain, as nearly as possible, a population equivalent to the othersi according to the latest available census data. Motion was made by Velai seconded by Nash that Section 2.01(d) be approved. Motion carried. Section 2.02 (a} (2)--Sha$1 have resided for at least one year next pre- ceding his el'ection within the corn~rate limits of Denton and,~ for places one, two, three and four, shall reside in th~Igeographical district he represents. Motion was made by VelaI seconded by Nash that Section 2.02(a)[2) be approved. Motion carried. 2 ' Section .03--The Mayor ~shall preside at the meetings of the Council and shall be recognized as head of the dity ~overnment for all ceremonial ~urposes and by the governor for purposes of martial law, but shall not interfere w~ith the manag- erial duties and responsibilities o~ the City Man~ger. The Mayor shall have all the same powers and privileges as any o~her Councilmember, including entitlement to vote upon all matters considered by the Council, but shall have no veto power. The Council shall, as soon as possible after the annual election, elect from it~ membership a Mayor Pro Tem. The ?4ayor Pro Tem sh~ll act as Mayor during the absence or disability of the Mayor and if a. vacancy occursl shall become Mayor for the completion of the unexpired term. Motion was made by Stewart, seconded by Stephens that Section 2.05 be approved. ~.,{otion carried. ~J 6 November 27, 1979 Continued Section 2.05(d)--All meetings of the Council shall be open to the ~ublic and the rules of the Com4cil shall provide that citizens of the City shall havre a reasonable opportunity to be heard at any such meetings in regard to any matter there considered. Motion Was made by Vela, seconded by SteWart to delete Section 2.05(d). Motion carried. Section 2.06(a)--A majority of the members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of the Council shall be necessary to reneal any ordfnan.ce or take any official action in the name of the City. except as otherwise orovided in this charter or by the .~aneral laws of the State oi~ l~exas.~ Motion was made by Stephens, seconded by Stewart that Section 2.06 (a) be approved. Motion carried. Section 2.08 (b)--Appoint and remove the City Attorney and the Municipal Court Judge. Motion was made by Nash, seconded by Vela that Section 2.08(b) be approved. Motion carried. Section 2.08(s)--Perform the districting and redistricting function. Motion was made by Stewart, seconded by Stephens that Section 2.08(s) be approved. Motion carried. Section 5.01~)--On the first Saturday in April immediately following approval of Section 2.01 and 2.05, and the drawing of election district boundaries by the Council, the voters shall elect four (4) Council members from such districts and two (2) Councilmembers and the Mayor at large. At the first meeting of the Council after the completion of all elections, including run-offs, required to ' determine the composition of the Council, the terms of the Mayor and the Council- members shall be determined as follows: (1) The Mayor shall have a term of three (3) years. (2) The two (2) Councilmembers elected at large from places five and six shall draw for terms. The one who draws number one (1) shall have a term of one (1) year. The one who draws number two (2) shall have a term of two (2) years. (3) The four (4) Councilmembers elected from geographical district one, two, three and four shall draw for terms. The one who draws number one (1) shall have a term of one (1) year. The one who draws number two (2) shall have a term of two (2) years. (4) The two (2) who draw number three (3) shall have a term of three (3) years. Motion was mmde by Vela, seconded by Nash to elect 3 Councilmembers and a Mayor for 2 year terms; places five and six for 2 year terms and 1 Councilmember at large for a I year term, and to direct Attorney Bob Dillard to re-draft Section 3.01(b). In April, 1981 places one, two, three, and four will be elected. Motion carried. Section 3.01(c)--Councilmembers holding office at the time the charter amendments to Section 2.01 and 2.03 are adopted shall serve the remainder of their unexpired terms as at large members of the Council with all the rights, orivileges and duties of Council members elected pursuant to such charter amendments; provided, that if any holdover Councilmember vacates his office before the expiration of his term, the vacancy shall not be filled. Motion was made by SteWart, seconded by Nash that Section 3.01(c) be · approved. Motion carried. Novenber 27, 1979 Continued Section 5.01(d)--If aw Councilmember whose term would not otherwise expire at the time of the canvass of the results of the election specified in Sect- ion $.01(b) shall enter said elec':ion, such Councilmember's term shall be deemed to have been vacated at the time of :he canvass of said election results, whether the candidacy of said Councilmember i: successful or not. Motion was made by Vela, seconded by Nash that Section 5.01(d) be app- roved. Motion carried. Section 5.01(e)--Neither the Mayor nor any member of the Council shall become a candidate for election t(~ any position on the Council, other than for re- election to the same seat, unless such candidate shall first submit to the City Secretary his ~rritten resignation frcm the Council to be effective at the time of the canvass of the results of the next regularly scheduled election. If such cand- idate's unexpired term would otherwise extend beyond the date of said canvass, the City Secretary shall notify the Council and an election shall be held on the date of the next regularly scheduled elect ion to fill the unexpired term of said resigning Councilmember. Motion was made by Stewart, seconded by Vela that Section 5.01 (e) be approved. Motion carried. Section 5.04(a)--Inmmdiately after counting the votes, the presiding judge shall deliver the official r~turns of the election to the City Secretary. On the next Tuesday following the eleztion, the City Council shall canvass the returns and declare the results. The retums of every municipal election shall be recorded in the minutes of the Council. Motion was made by VEIL, seconded by Nash that Section 5.04(a) be app- roved. Motion carried. Section 4.15(a)--Filin I and Certification of Petitions~ Recall Election-- delete present 4.15(a) and substit ~te the following: "Ail papers conmrising a recall petition shall be assembled and fi led with the City Secretary as one ~nstrtment. With- in seven (7) days after a petition is filed, the City Secretary shall determine whether each paper bears the names of five (S) electors who constitute a comnittee of the petitioners, and the required affi(~vit of the circulator thereof, and whether the petition is signed by qualified vo~:ers of the constituency of the Councilmember whose removal is sought equal in number ~:o at least twenty-five percent (2S%) of the number of the votes cast for that Council~lember and all of his o~ponents in the last pre- ceeding general municipal election in which he was a candidate. As used herein 'constituency' shall mean the qualified voters eligible to vote for the Councilmember whose removal is sought, either by geographical district or at large, as the case may be." " Motion was made by SteWart, seconded by Vela that Section ~.lS(a) be approved. Motion carried. Section 4.16-Limitations on recalls--No petition shall be filed against a Councilmembe~ within six (6) months after he takes office nor against a Councilmember who has been subjected to a recall -~lection and not removed thereby until at least six (6) months after such election. Should a regular election occur during the time when a recall oetition is current a~d should the person(s) being recalled be re-elected, the recall petition shall be null a~d void. Motion was made by Stew~rt, seconded by Vela that Section 4.16 be app- roved. Motion carried. Section 4.1?-District J~dge may order election--Should the City Council fail or refuse to order any recall ~,~lection when all of the requirements for such election have been conmlied with by the petitioning electors in conformity with this Article of the Charter, then i~: shall be the duty of the District Judge of Denton~ County, upon proper applica~:ion therefor, to order such election and effect- uate the provisions of this Articl~ of the Charter. Motion was made by Vela seconded by Stewart to delete Section 4.17. Motion carried. November 27, 1979 Continued Section S.01-The City Manager: qualifications--The City Manager shall be chosen by-'the Council solely on the basis of his executive and administration qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office, as hereinafter set forth, provided that any person who is appointed City Manager must have had at least two (2) years of experience as a City Manager or Assistant City Manager or the equivalent 'thereof. At the time of his appointment he need not be a resident of the City or State but during his tenure of office he shall reside within the City. Motion was made by Vela, seconded by Nash that Section S. 01 be approved. _ Motion carried 5 to 1. Section S.0S-Administrative Departments--Delete and substitute, "The City Manager is hereby authorized to organize the employees of the City into various departments and divisions with the concurrence of the City Council'." Motion was made by Stewart, seconded by Vela that Section S.0S be app- roved. Motion carried. Section 6.02-City Attorney: powers and duties-- (a) The City Attorney shall represent the City in all litigation and controversies and shall prosecute all cases brought before the Municipal Court. He shall draft, approve or file his written opinion on the legality of every proposed ordinance before it is acted upon by the Council, and shall pass upon all doc~nents, contracts and other legal instruments in which the City may have an interest. Co) He shall be the legal advisor of the City Manager, City Council and of all boards, commissions, agencies, officers and employees with respect to any legal question involving their official powers or duties. He shall perform such other duties as may be required by statute, by this Charter or by ordinance. (c) The Council may authorize the appointment of such Assistant City Attorneys as may be needed to perform the duties of this depart- ment or the appointment of a temporary City Attorney to act for the City Attorney in the case of his temporary absence or disk ability. Motion was made by Vela, seconded by Stewart that Section 6.02 be app- roved. Motion carried. Section 6.03-Municipal Court-- (a) There is hereby established a court which shall be known as the '~kmicipal Court of the City of Denton." The Municipal Court shall have the jurisdiction and be conducted in the manner prescribed and authorized by law. Ail costs and fines imposed by the ~unicipal Court shall be paid into the treasury for the use and benefit of the City. Co) The City Judge shall preside over the Municipal Court. The City Judge shall be a qualified attorney-at-law licensed to practice in the State of Texas or a person who has qualifications required for membership on the City Council. He shall be appointed by, and shall serve at the pleasure of, the Council. The City Judge shall receive such compensation as may be fixed by the Council. (c) There shall be one regularly scheduled session of the Court each week and as many other sessions as, in the discretion of the City Judge, may be necessary for the timely transaction of the business of the Court. (d) The Council may appoint such Assistant City Judges or additional City Judges as may be necessary to perform the duties of the ~unicipal Court or a temporary City Judge to act for the City Judge in the case of his temporary absence or disability, and such assistant, additional or temoorary City Judge shall receive such compensation as may be set by the Council. Motion was made by Stephens, seconded by Vela to delete all references to Corporation Court and replace with the term ~unicipal Court. Motion carried. November 27, 1979 Continued Section 6.04-Clerk of the Court--The City Secretary or his deputy, if one is provided by ordinance, shall be ex officio clerk of the Municipal Court, and shall have the power to administe oaths and affidavits, make certificates, affix the seal of the Court, and perfor such other duties or acts as may be necessary in issuing process and conducting th business of the Court. Motion was made by Na~h, seconded by Vela to delete Section 6.04. Motion carried. : Section 7.16-Property Subject to Tax--Delete and substitute for (a) and Co), "The City Council is authori ;ed to levy and collect such taxes as are allowed by state law and in such manner a: prescribed by state law." Motion was made by St,.~wart, seconded by Stephens that Section 7.16 be approved. Motion carried. Section 8.06-Budget ~<;tablishes Appropriations and Tax Lev~--Upon final adoption, the budget shall be in ,;ffect for the bhdget year. Final adoption of the budget by the Council shall const:.tute the official appropriation of the several amounts stated therein as propose, expenditures for the budget year. A copy of the budget as finally adopted shall b, filed with the City Secretary, the County Clerk of Denton County and the State Ca utroller of Public Accounts in Austin. Ail appropriations that have not been ~xpended or lawfully encunbered shall lapse at the end of the budget year. Motion was made by Stewart, seconded by Vela that Section 8.06 be app- roved. Motion carried. Section 8.08-Amending the Budget--In case of grave public necessity, emergency expenditures to meet unlsual and unforseen conditions, which could not by diligent thought and attention have been'included in the original budget, may be authorized by the affirmative vot~ of at least three-fourths (3/4) of the members of the Council as an amendment to the original budget. In every case where such amendment is made, a copy of the ]'esolution by the Council adopting the amendment shall be filed with the City Secr~ tary, published in the next issue of the official newspaper of the City, and attach~ d to the budget originally adopted. Motion was made by Stewart, seconded by Vela to change line 4 from 3/4 of the members to 5 members of th~ Council and to change 1.ine 6 from resolution to ordinance. Motion carried. Section 12.08 (g)--The Director of Utilities shall be appointed by the City Manager subject to confirmation by the Public Utilities Board. Motion was made by Stewart, seconded by Vela to delete Section 12.08(g). Motion carried. Section 14.02--All public records collected, assembled, or maintained by the City in connection with the transaction of official business shall be avail- able to the public during non,~l b~siness hours, subject to the exceptions and regulations authorized by applicable state law. M6~.~on wa~~ ~art, seconded by Vela that Section 14.02 be Section 14.04-PersonaI Interest--No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to or by the City of any land, materials~ supplies or services, except on behalf of the City as an officer or employee. A~y willful violation of this section shall consti- ture malfeasance in office, and anJ officer or employee guilty thereof shall forfeit his office or position. Motion was made by Ste~)hens, seconded by Vela that Section 14.04 be approved. November 27, 1979 Continued Section 14.1§~-Add a ~ew section that states, "Members of ~oards and Co~nisMons o~ ~he C~y o[ ~n~on sha~l se~e a~ ~e pleasure o~ ~he Co~c~l. Me~ers of such ~ar~ ~d Co~ission my be removed by the Comcil only for ca~e ~d only after berg given notice by the Co~cil. Such notice sMll be in ~iting speci~ing ~e re~o~ for r~oval ~d ~y m~ber of ~y Board or Comission shall be afforded ~ oppo~tmity to respond to su~ notice in a public hearing before ~e Comcil prior to action by the Comcil." Motion w~ made by Stew~t, seco~ed by Vela to approve Section 14.16 ~th the removal of the l~t sentence. Motion carried 5 to 1. Section 9.01-Power To Issue Bon~--Add new s~sections [d) ~d (e) as follows: (d) No bon~ of ~y nature shall be issued by the City ~less first a~roved ~ a bond ordin~ce election held pursuit to the pro~sio~ of Section 9.02. (e) ~e City shall never pay, obligate itself to pay, or lend its cre~t to ~r~tee pa~ent of bon~ issued or to be issued by ~y co~oration or other entity o~ed or held, in whole or in pa~, by ~e CiW, mless first approved ~ ~ election held purser to the pro~sions of Section 9.02. Attomey Dillard stated that he ~d not believe tMt the City c~ adopt either of these since by law they are not enforceable or binding. He added that he had roiled a letter to ~e Co~cil relative to the ~validity of Section 9.01(d) ~d (e) ~d Section 9.02(a). Motion was made by Nash, seconded by Stewart that the CiW Attomey be ~rected to draw ~ ~en~ent to Section 9.01 to provide a non bind~g referendm election for sale of revenue bo~s over the ~omt of $1,000,000. Motion carried. Section 12.04-Disposal of Utili~' Pr~erties--Delete the last ~o lines ~d substitute, "by a ~'o-thirds majority vote oithose voting in ~ election called for t~t p~ose." (7-3). ~tion was made by Vela, seconded by Stewart to keep Section 12.04 as currently is. Motion carried 3 to 1. Motion was ~de by Stewart, seconded by Nash to direct the Staff to beg~ ~e process of drawing ~ appropriate election districts. Motion ca~ied. ~tion w~ made by Stewart, seconded by Stephens to authorize the City Atto~ey to prepare ~ appropriate Ordin~ce for calling ~ election. Motion ca~ied. Meeting adjourned at 8:52 p.m. MAYOR City Council December 4, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, December 4, 1979 at 7:00 p.m. in the Cotmcil Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela and Stewart; City Manager Chris Hartung; City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member HensleY. 1. Motion was made by Stephens, seconded by Stewart that the minutes of the Regular Meeting of November F0, 1979 and the Special Called Meeting of November 27, 1979 be approved asI amended. Motion carried. 2. PUBLIC HEARINGS: A) Apublic hearing was held on Z-1423, the petition of Mr. Tom Jester, requesting a change of zoning fr)m General Retail [GR) and Single Family to Light Industrial {LI) zoning :lassification on a tract approximately 13.9 acres in size. The property begins at the northwest corner of the intersection of Woodrow Lane and Morse Street, ~ ~d extends to the west along Morse Street for approximately 800 feet, and exte:lds north along Woodrow Lane for a distance of approximately 970 feet. The Mayor opened the h, raring. After hearing 5' speak in favor but none in opposition, the Mayor closed :he hearing. City Planner John Lavrl,~tta advised that 19 letters were mailed with 4 returned in opposition. He adde~ that the Planning and Zoning Commission recomm- ended approval. , Motion was made by Vel~, seconded by Stephens that the petition be approved. Motion carried. B) A public hearing wa eld on Z-1425, the petition of ~r. James Dentico requesting a change of zoning fr~m Agricultural (A) to Single Family (SF-!6) zoning c. lass.'ificati.on on.a tract_wh~ich ~s approximately 9.5 acres in size. The property is aajacent to ana east of the MOntecito subdivision with the western edge of the property fronting along Carmel S~reet and the termination of E1 Paseo Street; and extending eastward for a distanc~ of approximately 1377 feet. The Mayor opened the h~ aring. On~ spoke in favor and 6 spoke in opposit- ion. All 6 speaking in op_positicn were concerned with the traffic on Carmel Street, stating that traffic would be toc heavy and that it was a dangerous street for congested traffic. The Mayor clcsed the' hearing. City Planner John Lavretta stated that 11 letters were mailed with 2 returned in favor and 4 in opposition and 1 undecided. He added that the tract in this request adjoins property already zoned for Single Family [SF-13) on the Southwest. The minimun lot size in Montecito to the West and Montecito Del Sur to the South is 16,000 square feet, however, most of the lots are much larger than this minimum. City utilities are available for extension to the area and there is adequate capacity in the street system to accomodate this development. There are no apparent drainage pr)blems which cannot be resolved in the s~bdivision development. The Comprehensive P [an indicates that the area should be developed for Single Family use, and the petitioner is requesting Single Family SF-16 [mini- mun 16,000 square foot lots) whic is the highest Single Family zoning classifi- cation in the City of Denton. Th Planning and Zoning Commission recommended approval unanimously. DISCUSSION: Stephens indicated that he was concerned with neighborhood integrity. Vela inquired if Mr. De]~tico would build roads as the City requires. Attorney Narsutis answe::ed that N~r. Dentico would build on his property only. Motion was made by Vela seconded by Stephens to deny the petition. Motion carried 3 to 1. December 4, 1979 Continued 3. ORDINANCES: (A) Ordinance #79-85 (Jerry Cheatum Z~1416) 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 APPROXIMATELY 5.956 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 Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 4. RESOLUTIONS: A) The Council was to have considered a Resolution creating the Good Samaritan Village Finance Corporation and naming the Board of Directors thereunto. City Manager Hartung requested that the matter be tabled for further necessary information. Motion was made by Stewart, seconded by Stephens to table the matter. Motion carried. B) The Council considered the following Resolution allowing for the installation of signal lights at 1-35 and Highway 377 and 1-35 and F.M. 2181 and authorizing the Mayor to sign the agreements and plans: 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 DECEMBER, A.D. 1979. RESOLUTION WHEREAS, the City of Denton and State of Texas is entering into an agreement for the installation and maintenance of traffic control signals at the intersections of Interstate 35E and Fort Worth Drive and Interstate 3SE and Teasley L4ne; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~..NTON, TEXAS: SECTION I. That the certain agreement dated December 4, 1979 between the State of Texas and the City of Denton, for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals at the intersections of Interstate 3SE and Fort Worth Drive and Interstate 55E and Teasley Lane in the City of Denton, Texas, be and the same is hereby approved, and Bill Nash, Mayor, of the City of Denton, Texas is hereby authorized to execute said contract on behalf of the City and to transmit the same to the State of Texas for appropriate action. SECTION II. That this Resolution shall take effect imnediately upon its passage and approval. PASSED AND APPROVED this the 4th day of December, A. D. 1979. /si , BILL NASH, ~I~YOR ATFEST: BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ C. J. TAYLOR, JR., CITY ATTORNEY Motion was made by Stephens, seconded by Stewart that the Resolution be approved and the Mayor authorized to sign the agreement and plans. Motion carried. December 4, 1979 Continued 5. The Council considered the designation of the Land Use Planning Committee. City Planner John Lavretta presented the following: [A) The background of the program. (B) The make-up of the City-wide planning (C) Plans, scope and planning process. (D) Tentative schedule for the planning program. Type of plan and implementation. Staff recommendations on Co~nittee structure. He asked that the Council adopt a committee structure with a number and category of representatives, general and specific guidelines and citizen resident study sector representative areas. Motion was made by Stewart, seconded by Vela to proceed along the lines presented by the City Planner and to have 47 CO~mlLittee members. Motion carried. 6. The Council considered final payment to Turner Construction Company for water line improvements on Mission Street. Motion was made by Stephens, seconded by Stewart to approve final payment of $4,774.35 to Turner Construction Company. Motion carried. 7. The Council was to consider a recommendation from the Airport Advisory Board to approve a contract with Aviation and Transportation Consultants for Airport Management Services. The City Manager requested that this matter be tabled. Motion was made by Vela, seconded by Stephens that the matter be tabled. Motion carried. 8. The Council set part of the December 11, 1979 Study Session Agenda. 9. CONSENT AGENDA: Motion was made by Nash, seconded by Vela that the following Consent Agenda be approved. Motion carried. (A) BIDS/PURCHASE ORDF, RS: (1) Bid #8700, radio equipment was awarded to Motorola in the amount of $24,543.00. (2) Purchase Order #41369 approved to Envirotech/Sparling in the amount of $6,538. (B) PLATS: (1) Final subdivision plat of the Stratford Addition was approved. 10. The Council recessed into Executive Session at 8:27 p.m. to discuss legal matters, real estate, personnel and board appointments. 11. The Council reconvened into Public Session at 9:20 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:24 p.m. City Council December 11, 1979 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, December 11, 1979 at 7:00 p.m. in the Council Chamber of the ~.~unicipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Council Member Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Hensley and Council Member Stewart. The Mayor read a proclamation proclaiming Saturday, December 15, 1979 as Hope Day in Denton. The Scout Master of Troop #77 accepted the proclamation. 1. The Council considered a report from Dr. James Glass relative to the Denton 80's Directions and Decisions Project. Dr. Glass stated that the report is based on existing materials on goal setting programs. He added that two models had been drawn, a short and a long program, both calling for establishment of a steering committee, citizen represen- tation and identification of issues. Motion was made by Stephens, seconded by Vela to accept the report and to com,~end Dr. Glass and others for work done. Motion carried. 2. The Council considered an appearance by Harry Down relative to over- width paving in North University Place. Mr. Down spoke to the Council at length using a map of streets in the North University Place area. He stated that he felt that the City had a respon- sibility for paving, curbs and gutters on streets adjacent to Northlakes Park. Mr. Down added that he built the street with the understanding that it would be paid for by the City, based on an agreement made in 1974. He stated that a later Council declined to pay for half of the total $12,000 cost. Motion was made by Vela, seconded by Stephens ho pay $6,S00, but to turn the matter over to the City Attorney. Motion carried. 3. The Council considered a Charter Amendment Ordinance and calling a special election for January 19, 1980. City Attorney C. J. Taylor questioned amendment #$ and reco~l~,~ended that it be combined with amendment #1. The following Ordinance was presented: ORDINANCE #79-86 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE SUBMISSION OF CERTAIN PROPOSED CHARTER AMENINfSNTS TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 19, 1980; DESIGNATING THE POLLING PLACES AND THE HOURS OF VOTING; APPOINTING F.I.ECTION JUDGES AND PROVIDING THE MANNER IN WHICH NOTICE OF SUCH ELECT- ION SHALL BE GIVEN. Motion was made by Stephens, seconded by Vela that the Ordinance be passed wi.th an amendment to combine amendment #S with amendment #1. On roll call vote Vela "aye", Stephens "aye" and Nash "aye". Motion carried. At the request of the Mayor, City Planner John Lavretta advised that population datR and distribution, along with other necessary information to draw up districts, is be~C~!lected. He added that work should be completed within three wee~a~folL~w-~d~'ia selection review by a review cu~ittee. 4. ~"'%- -~The~C°un~l ~onsidered a proposal for architectural and engineering services for construction of the Service Center Warehouse. City Manager Chris Hartung briefed the Council, advising that the plans for the Warehouse call for building of approximately 6S,000 square feet, and that the building will be built in phases as City funds allow. He recommended the hiring of James Kirkpatrick for architectural and engineering services. Motion was made by Nash, seconded by Vela to hire James Kirkpatrick for architectural and engineering services for construction of the Service Center Ware- house. Motion carried. December 11, 1979 Continued 'J25 S. The Council considered extending the contract agreement with Donald Glynn Erwin for consulting services in conjunction with the Emergency Medical Service Division of the Fire Department. Ken Gold, representing the Denton Fire Fighters Association, urged the Council to establish a full time EMS Supervisor position. He asked for a perm- anent solution to the issue to alleviate confusion. The City Manager recommended that the extension of the contract agree- ment with Donald Glynn Erwin be approved. ~otion was made by Stephens, seconded by Nash to approve the extension of the contract agreement with Donald Glynn Erwin as recommended by the City Manager. Motion carried. 6. Motion was made by Vela, seconded by Stephens to award Bid #8711 for Boiler and Machinery Insurance to Watson-Neu Insurance. Motion carried. 7. The Council recessed into Executive Session at 8:10 p.m. to discuss legal matters, land acquisition, personnel and board appointments. 8. The Council reconvened into Public Session at 9:57 p.m. to announce that no official action was to be taken. Meeting adjourned at 10:00 p.m. ~AYOR City Council December 18, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, December 18, 1979 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tom Stephens, Members Stewart and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Hensley. t. Motion was made by Stephens, seconded by Stewart that the minutes of the Regular Meeting of December 4, 1979 and the Special Called Meeting of December 11, 1979 be approved. Motion carried. 2. The Council considered a recommendation of the Parks and Recreation Board relative to the adoption of the revised fees~ charges, and facility policies and procedures for the Parks and Recreation Department. Mike Campbell, Chairman of the Parks and Recreation Board, advised that since the bond issue of 1975, accelerated activity has resulted because of addition- al facilities. In answer to a question by Council Member Stewart, Mr. Campbell stated that the Board had considered participation fees for those living outside the city limits. The Mayor recommended that the Council be advised relative to plans to increase or decrease fees, etc. ~Motion~~e ~Stephens, seconded by Vela to accept the entire report of the P~~o~rd on fees, charges and facility utilization rental policies. 3. The Council considered awarding bids relative to the disposal of excess property located on the east side of Avenue E between Hickory and Oak Streets. Bid #8709. Motion was made by Stewart, seconded by Stephens that the bid for tract I, West Oak and Avenue E, be awarded to E. Rei~mil!er at a bid of $2,000. Motion carrie ~otion was made by Stewart, seconded by Nash that the bid for tract 2, ~est Hickory and Avenue E, be rejected at this time. Motion carried. 4. ORDINANCES: The following Ordinance was presented: (A) 0RDIN~NCE #79-87 (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, A~ND AS SAID MAP APPLIES TO APPROXIMATELY 13.961 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; A_ND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Vela that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye"~ Motion carried. 5. RESOLUTIONS: (A) The following Resolution executin~ a warranty deed disposing of 6,750 square feet of land on the east side of Avenue E between Hickory and Oak Streets to Ms. Elinor Calmbach Reinmiller was presented: AT A REGULAR MEETING OF Th~ CITY CCUNCZL OF THE CITY OF DE~r0N, TEMAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF DECemBER, 1979. RESOLUTION W!~RE~, the City of Denton finds it necessary to dispose of a certain tract of land located in the City of Denton, Texas, and more fully described below; and ~gHEREAS, the below described parcel of land was let for bid on November 13, 1979 and the highest bid of Two Thousand ($2,000.00) Dollars was awarded to Elinor Calmbach ReiD_miller; MKEREAS, the City of Denton and purchaser of said parcel, Elinor Calmbach Reinmitler agree that a consideration of $2,000.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Dk~NTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal docu- ments are necessary to complete the transfer of property so described below; Ail that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being part of the E. Puchalski Survey, Abst- ract No. 996, and being part of Lot 4, Block 1 of the Amended College Addition, an addition to the City and County of Denton, also being part of a tract of land conveyed from Johnnie Lee Franklin Mahan to the City of Denton by deed dated March 9, 1978, and recorded in Volume 880, Page 954 of the Deed Records of Denton County, Texas and is more particularly described as follows: BEGINNING at the northeast corner of said tract, said point of beginning lying in the south right of way line of West Oak Street and being 220.0 feet east of the intersection of the south right of way line of West Oak Street and the west right of way line of Fouts Street; THENCE south along the east boundary line of said tract a distance of 150.0 feet to a point for a corner, same being the southeast co~ner of said tract; THENCE west along the south boundary line of said tract, a distance of 45.0 feet to a point for a corner. THENCE north a distance of 150.0 feet to a point for a corner in the north boundary line of said tract same being the south right of way line of West Oak Street; THENCE east along the north boundary line of said tract, same being the south right of way line of West Oak Street a distance of 45.0 feet to the place of begin- ning and containing 6,750 square feet of land, more or less. PROVIDED further that no curb cuts shall be permitted on the above described tract of land. 2. The City of Denton is hereby further authorized to pay its share of the necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 18th day of December 1979. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FG°~M /s/ C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Stephens that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Hash "~ye". Motion carried. ~ December 18, 1979 Continued (B) The Council was to consider a Resolution creating the Good SamaritsmL Village Finance Corporation and naming the Board of Directors thereunto. The City Manager requested that the item be tabled because a report from Internal Revenue Service on the tax exempt status on the bonds is pending. DISCUSSION: Doug Winchell, Administrator of Good Samaritan, stated that the organ- ization has a secure national rating with Standard and Poors and that none of the Homes are under investigation. The City Manager stated that Good Samaritan is a going institution and is asking for refinancing, not building a building. At this point, Jim Nicholas and Jack Brezette of Merrill-Lynch asked to be considered for underwriting bond issues. No action was taken since this item was not on the agenda. The Mayor asked Mr. Frank Medanich of the First Southwest Company about cities in the state that are issuing bonds or naming trustees. Mr. Medanich advised that these 16 cities were not in the same category as Denton. Denton cannot issue bonds as yet. He added that he should know some- thing definite after the first of the year. Motion was made by Stewart, seconded by Stephens to table the matter for further information. Motion carried. 6. The Council received a report and considered further action on funding for the Women's Shelter. The City Manager advised that questions had been raised relative to activity at the Shelter that the City Staff has investigated. As a result, the Staff thought that the City should make inquiries relative to accusations and the management of the Shelter. Police have been called to this location. Funds that were approved have not been disbursed by the City for the Shelter. Motion was made by Nash, seconded by Stewart to instruct the City Manager to hold funds until the Council instructs him relative to the disposition of these funds after an investigation. Motion carried. 7. The Council considered a contract with the Southwest Basketball Officials Association for refereeing services for youth and adult games for the 1979-80 basketball season. Parks and Recreation Director Dick Huck advised that the Parks Board recommended approval. Motion was made by Stephens, seconded by Vela that a contract with the Southwest Basketball Officials Association for refereeing services for youth and adult games for the 1979-80 basketball season be approved. Motion carried. 8. The Council considered entering into an agreement whereby the City would pay for utilities and janitorial services for the domino players at Rayzor Hall Assistant City Manager King Cole briefed the Council, stating that 40 to 60 men have been gathering for domino playing at the site of the new fire station for the past 12 years. He advised that Millard Heath and Company had estimated that a new heating and air-conditioning system would cost approximately $3,434 to install. He added that it will cost $500 to $600 for plumbing repairs, making the over all cost approximately $2,000. He advised that this matter had been discussed with Judge Crawford relative to sharing the cost and that Judge Crawford advised that in his opinion he did not feel that the Court would be willing to spend any funds for maintenance and repairs for Rayzor Hall. He also advised that the old dinin~ room on ~he first floor was where the domino parlor would be utilized~ but this t~tal arrangement could be temporary. Motion was made by Stewart, seconded by Nash to approve an agreament as outlined by Assistant City Manager King Cole. Motion carried. December 18, 1979 Continued ~ 9. The Council considered a recommendation from the Building Code Board relative to the use of wood shingled roofs within the City of Denton. Council Member Stewart abstained because he has an interest in a concrete tile roofing business. The City Manager advised that the Building Code Board met on November 29, 1979, and recommended that Section 1704 of the 1976 Uniform Building Code as adopted by the City of Denton be amended as follows: ROOFS: Section 1704. Roof covering shall be fire-retardant. Exception: Treated wood shingles and shakes that are factory impregnated with chemicals so as to render them fire retardant may be used only on single family dwellings of Type V-N construction. Such wood shingles or shakes shall be labled by Underwriters Laboratories or other nation- ally recognized testing agencies and shall have at least a Class C roof covering rating. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs see Chapter 52. For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. Council Member Vela asked if this could be done by deed restrictions. City Attorney C. J. Taylor answered that State law and the City ordinance was in conflict, but there is some question on the validity of the State law. Motion was made by Stephens, seconded by Vela to accept the recommendation of the Building Code Board and to instruct the City Attorney to prepare an appro- priate ordinance. Motion carried with Stewart abstaining. 10. The Council considered a recommendation from the Haman Resources Advisory Committee concerning the adoption of formal operating policies and received a report on funding for the Information and Referral Service. City Planner John Lavretta advised that the policies set out the process for making a request to the Committee for funding or for a recommendation. An important point in the policies is that the Committee will not consider a request for funding by the City outside the regular budget cycle, unless the City Council directs them to do so. He added that the Human Resources Advisory Committee is recommending that the operating policies presented be utilized in the future for all requests to the Committee. He also advised that the City Council should review and endorse the operating policies of the Human Resources Advisory Committee. Motion was made by Stephens, seconded by Vela to approve and endorse the operating policies of the Human Resources Advisory Committee. Motion carried. 11. The Council considered awarding bid #8703 for construction of the Robertson Street Underpass. Consulting Engineer Robert J. McFarland advised that it ~outd be difficult to get a better bid at this time, that the building situation at present is most difficult. City Planner John Lavretta advised that the bid was approximately $852000 above funds available from HUD. Lavretta added that HUD would like for the City to proceed. Council Member Stewart asked Mr. McFarland if it was possible to get a better deal in March or April. Mr. McFarland advised that costs are very, very high now and are rising. December 18, 1979 Continued The Mayor asked that the low bidder be requested to extend his bid for an additional 30 days, that it might be that we can negotiate with the low bidder. Motion was made by Nash, seconded by Stephens to request another 30 days from the low bidder, Kidwell Construction Company. Motion carried. 12. The Council considered awarding bid #8690 for construction of the Animal Shelter. Assistant City Manager King Cole advised that new bids on the Shelter were__ received on December 11, 1979 from David Duffield Construction Company of Denton at a bid of $198,356, adding that this amount is considerably above the $100,000 budgeted. The Architect, James Kirkpatrick, briefed the Council. He advised that the Shelter could be built by phases and would be Phase 1,2 & 3. City Attorney C. J. Taylor stated that he would doubt if the City can legally negotiate with a low bidder. Motion was made by Stewart, seconded by Vela that the Architect prepare Phase 1 for bidding and to reject the other bids. Motion carried. 13. The Council received a report and considered further action on the prohibition of outdoor gas lighting. The City Manager briefed the Council, recon~mending that the matter be referred to the Utilities Board for their recommendation to the Council of establish- iag administrative procedures and policies. Motion was made by Vela, seconded by Stephens to refer the matter to the Utilities Board for them to establish administrative procedures and policies and to recommend same to the Council. Motion carried. 14. The Council considered a recommendation from the Airport Advisory Board -- to approve a contract with Aviation and Transportation Consultants for Airport Management Services. Mayor Nash questioned the consultant fee, which, is $16,500 a year or 35% of the gross annual revenues to the City, whichever is greater. Council Member Stewart stated that it is a good thing that the contract is on a 3 year basis. Representatives from Aviation and Transportation Consultants for Airport Management Services were present and advised that Denton Municipal Airport has potential for growth. Motion was made by Vela, seconded by Stewart to approve the contract with Aviation and Transportation Consultants for Airport Management Services as ~ecommend- ed by the Airport Board. Motion carried 3 to 1. 15. The Council considered rescheduling the dates for the regular maetings of the City Council for the month of January. Motion was made by Stewart, seconded by Stephens to hold Council meetings in January, 1980 on January 8 and January 22. Motion carried. 16. CONSENT AGENDA: Motion was made by Stewart, seconded by Nash that the following Consent Agenda be approved with item Avl, Bid #8713, Firemen uniforms removed. Motion carried. (A) BIDS/PURCHASE ORDERS: (1) Bid #8712, transformer coolers, awarded to the low bidder, Star Electric Supply in the total amount of $32,500. (2) Bid #8715, labor and materials for foundation of G9KV substation, awarded to the low bidder Floyd Glenn Smith in the ~mount of $7,250. December 18, 1979 Continued (3) Purchase Order #h1639 to Ben Ivey Oil Company approved in the amount of $251,550. (S) PLATS: (1.) Final subdivision plat of the Double J Addition approved. 17. ~4otion was made by Stephens, seconded by Stewar~ that bid #8713, Firemen's uniforms be awarded as follows: Item 1 to Cravens at $18.75 each Item 2 to Eaufman Uniform at $6.65 each Item 3 to Eaufm-~ Unifo~-m at $8.10 each Item h to Eaufman Uniform at $6.65 each Item 5 to Cravens at $29.75 each Item 6 to Cravens at $39.00 each Item 7 to Kaufman Uniform at $12.25 each Item 8 to Eau_eman Uniform at $12.25 each Motion carried. 18. Council Member Vela briefed the Council on the matter of Board of Directors of ~4PA. He advised that because of successful negotiations a~d use of transm~ ssion lines, there has been a savings of $190 million dollars. 19. The Council recessed into Executive Session at 9:15 p.m. to discuss legal matters, real estate, personnel and board appointments. 20. The Council reconvened into Public Session'at 10:15 p.m. Motion was made by Stephens, seconded by Vela to recommend to the Denton 80's Steering Co-?~ttee that the Committee membership be on a voluntary basis. Motion carried. Meeting adjourned at 10:20 p.m. MAYOR City Council January 8, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, January 8, 1980 at 7:00 p.m. in the Council Chamber of the k%micipal Building. PRESSNT: Mayor Nash, Mayor Pro Tern Stephens, Council Members Vela and Stewart; City Manager Chris Hartung, A~sistant City Attorney Burt Solomons and City Secretary Brooks Holt. ABSENT: Council Member Hensley~ 1. Motion was made by Vela, seconded by Stephens that the minutes of the regular meeting of December 18, 1979 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) The Mayor opened the public hearing on Z-1426, the petition of ~fr. Harry Friedman, requesting a change of zoning from Single Family (SF-7) to Multi-Family Restricted 0V[F-R) zoning classification on a tract approximately 9.75 acres in size. The property begins approximately 750 feet east of the intersection of Mack Place and East McKinney Street and has approximately 654 feet of frontage along the north side of East ~4cKinney Street. After hearing 1 speak in favor and one in partial opposition, advising that she did not have sewerage on the south side of McKinney, the Mayor closed the hearing. City Planner John La~rretta advised that a 4/5 vote was required for this petition. The matter of no sewerage on the south side of East McKinnev was discussed. Lavretta advised that he believed that the capital improvement plan shows a possibility of sewerage on the south side of East McKinney. Utilities Director Bob Nelson said that there might be funds from last years budget, and that the City might be able to complete a sewer line on the south side all the way to Loop 288, but that there must be substantial participati~anjJ~ 9wners on the south side. .~i~~~de by Stewart, seconded by Nash that the petition be approved. ~.~ot~ o-~c~r~e~. (B) The Mayor opened a public hearing on Z-1430, the petition of Hrs. Opal Brown, requesting a change of zoning from Single Family (SF-7) to Commercial (C) zoning classification on a tract approximately 5 acres in size. The property is located along the east side of Frame Street between the Texas and Pacific railroad tracks and Paisley Street. The parcel is more particularly described as City lots 1, 10, and 11 of Block 171. After hearing 1 speak in favor but none in opposition the Hayor closed the hearing. City Planner John Lavretta. advised that 33 letters were mailed, with 7 returned in favor and 1 in opposition, adding that the Planning and Zoning Comm- ission recommended approval by a vote of 4 to 2 and the Community Development staff recommended denial. Motion was made by Stewart, seconded by Vela to approve the petition. Motion carried. (C) The Mayor opened a public hearing on Z-1431, the petition of Weldon H. Miller, requesting a change of zoning from Single Family (SF-7) to Planned Development for Light Industrial use (PD) on a tract which is approximately 4.2 acres in size. The address of the property is 1600 Wilson Street and is the present location of Hensley Packing Company, Inc. Planned Development (PD) zoning is proposed for the continuation and expansion of the product distribution operat- ion. - After hearing I speak in favor but none in opposition the hearing was closed. January 8, 1980 Continued ~J~:'~ City Planner John Lavretta advised that 9 letters were mailed with 8 returned in favor of the petition. ,~4otion was made by Stewart, seconded by Stephens that the petition be approved with the following conditions: (A) The slaughter house operation shall be discontinued forever. (B) Permit only the construction of additional office space and the erection of a fence as shown on the site plan. (C) Site plan approval must be obtained for any future expansion. Motion carried. .3. Motion was made by Vela, seconded by Nash that consideration of the request of Mr. William Johnson for deannexation of approximately 23.8 acres of land located east and north of the Montecito Del Sur subdivision be tabled. )~otion carried. 4. ORDINANCES: (A) The Council concurred to delete consideration of adopting an ordinance and executing quit claim deed quitclaiming right-of-way for Wilshire Street between Avenue D and Avenue E to North Texas State University. (B) Ordinance #80-1 (V. D. Burch) AN ORDINANCE OF THE CITY OF Dh-NTON, TEXAS, DISANNEXING CERTAIN PORTIONS OF LAND AS A PART OF THE CITY OF DF~NTON; ~ DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Stewart that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". .~4otion carried. 5. .RESOLUTIONS: (A) The Council considered a Resolution establishing a local comm- ittee on employment of the handicapped. John Burns, member of the Governor's Committee' for the hiring of the handicapped, briefed the Council and showed slides relative to the progTam. Burns suggested a Mayor's Committee be appointed. He added that TWU will provide resotlrces. Dr. Huey of TWU stated that TWU sees an opportunity to work through the City to develop a new program. Mayor Nash advised that he would back the program, and suggested that the Committee be called the Denton Committee, suggesting 10 members with others to be involved later. Burns advised that the open membership would have more widespread impact. The following Resolution was presented: AT A R.EG'L.TT~_.~..~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE )4JNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF JANUARY, A.D. 1980. RESOLUTION ~EREAS, the Texas Legislature has enacted legislation stating that it is the policy of the State of Texas to provide rehabilitation and related services to eligible handicapped persons so that they may prepare for and engage in gainful occupation; and ~¥HEREAS, the Federal Congress has passed legislation to authorize programs to promote and expand employment opportunities in the public and private sectors for handicapped persons and to place such persons in employment; and I~EREAS, in carrying out the functions vested in it, the Texas Governor's Comm- ittee on Employment of the Handicapped is directed to work closely with local comm~mities to develop employment opportunities for handicapped persons; and January 8, 1980 Continued WHEREAS, as Mayor and ~,~embers of the City Council of the City of Denton, we are deeply interested that there be cooperation between the City of Denton and the Texas Legislature, the Federal Congress, the President's Committee on Employment of the Handicapped, and the Texas Governor's Committee on Employment of the Handi- capped in the achievement of their stated goals; and ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DF~NTON, TEXAS, THAT: SECTION I. We, the Mayor and City Council ~,~embers of the City of Denton, Texas, under the authority vested in us, do hereby establish a Denton Committee on Employment of the Handicapped to be affiliated with the Texas Governor's Committee on Employment of the Handicapped. I. PURPOSE The Committee shall carry on a continuing program to promote employ- ment of handicapped persons. II. ORGANIZATION 1. The Committee shall operate in the geographic limits of Denton. 2. The Committee shall be composed of an open membership of all interested citizens concerned with the employment of handicapped persons and shall be governed by rules and bylaws as adopted at the first called open meeting and as may be amended thereafter. 3. Administrative support to the Committee shall be provided by the City of Denton wherein it is deemed possible through the use of existing support staff. 4. Officers and other Committee members shall serve without pay. S. The Committee shall make such rules and designate such subcomm- ittees as necessary to become an affiliate of the Texas Governor's Committee on Employment of the Handicapped which Will provide support to the local committee, wherein possible, through its staff, materials and'services. III. FUNCTIONS A. The functions of this Committee shall be to: 1. Secure active cooperation and support by employer, labor, veterans, civic, consumer, and other community grouos in futhering employment of persons with disabilities; ~ 2. Plan and implement activities, designated to promote employment of persons with disabilities on a year-round basis; these activities would include, but would not be limited to, employment development, removal of environmental and transportation barriers, legislative and legal awareness, recognition and awards, and public relations for persons with disabilities; 3. Carry out special activities, including but not limited to, National Employ the Handicapped Week; 4. Conduct appropriate studies to enhance understanding of the rehabilitation and employment needs of persons with handicaps and determine the adequacy of resources to meet those needs; S. Promote establishment of training and other facilities necessary to help persons with disabilities find suitable employment; 6. Cooperate with placement, rehabilitation, and other community agencies and organizations in obtaining employer acceptance of job-ready people with disabilities, as well as employer understanding of, and the need for compliance with, affirmative action and anti-discrimination regulations; January 8, 1980 Continued 7. Maintain a year-round public awareness program through the news media and other resources on the employment problems faced by persons with disabilities; 8. Act as a clearinghouse for receipt and distribution of all incoming publicity materials distributed from the state committee level; 9. Serve as an information exchange on activities planned and carried out by member organizations with respect to rehabilitation and employment of persons with disabilities; and 10. Cooperate with the Texas Governor's Committee on F~mployment of the Handicapped in conducting specific activities recommended by the state comm- ittee to promote employment of persons with disabilities. SECI'ION II. The Committee shall meet on a regular basis throughout the year. There shall be a minimum of four meetings a year. Meetings shall be called at the discretion of the chairperson or mayor. SECTION III. This Resolution shall become effective i~mediately from and after its passage, and shall remain in effect until amended, modified, or rescinded by this Council. PASSED AND APPROVED this the 8th day of January, A. D. 1980. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS A/rE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J'. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Burt R. Solomons Motion was made by Stephens, seconded by Stewart that the Resolution be passed mhd that Dr. Huey serve as Coordinator. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 6. The Co~mcil considered co-sponsoring a regional meeting with the City of Gainesville for those North Texas Cities affiliated with the Sister Cities International Program. The Mayor briefed the Council advising that Gainesville was hosting a meeting in April for Cities affiliated with Sister Cities Program. Motion was made by Stephens, seconded by Vela to co-sponsor the meeting with Gainesville. Motion carried. 7. The Council received a report and considered further action on the Denton Area Crisis Center funding request. City Manager Hartung briefed the Council, reporting that he had reviewed the information which was provided to the City Council regarding various police reports associated with the Denton area Crisis Center. In the process of investi- gating these incidents further, he had conversations with Mr. Ted Karpf and Mr. Dean Lamont, the President-Elect and current President of the Board of Directors of the Denton Area Crisis Center. They had allowed him to review their files, including various reports made to the appropriate funding agencies regarding a number of these incidents. Hartung further advised that none of the reports relate to activities involving the battered wives program. However, because of the fact that both programs are managed by the same agency, that he felt an explanation is required to e×?lain the position of the Crisis Center with respect to these incidents. A large number of the incidents reported to the Police concerned run-aways. Residence at the Shelter by juveniles is voluntary; they January 8, 1980 Continued are under no requirement to remain at the Shelter. The City Manager recommended that the City Council consider approving the previously authorized funds for disbursement to the Denton Area Crisis Center. · Motion was made by Stephens, seconded by Vela to release funds in the amount of $8,000 to the Denton Area Crisis Center. Motion carried. 8. The Council considered the final contract payment for electrical system supervisory control and data acquisition system and authorizing a purchase order for additional software work Utilities Director Bob Nelson reported that final contract payment of $31,545.00 for supervisory control and data acquisition system was due, and asked the Council'to approve a purchase order in the amount of $10,586.00 for additional sof~are work to improve operation and maintenance. Motion was made by Stewart, seconded by Vela to approve final payment of $31,545.00 to Black and Veatch and approve a purchase order in the amount of $10,586.00 for additional software, as recommended by the Utilities Board. Motion carried. 9. ?]he Council considered a reco~nendation from the Citizens Traffic Safety Support Commission to construct a pedestrian walk on the south side of ~llowwood from Kendolph to~cCormick. Rick Svehla briefed the Council advising that $2,S00 was the estimated minimum cost. He advised that a concrete walk would cost $21.00 per yard. "There are currently no funds for this project", Svehla said. Motion was made by Nash, seconded by Stewart to construct a pedestrian walk using the cheapest route. Motion carried. 10. The Council received a reco~,~endation from the Citizens Traffic Safety Support Commission concerning alternative alignments for the proposed relocation of Bell Avenue. Rick Svehla advised that it was estimated that such a project north of University to Sherman Drive would cost approximately $160,000 fo~ construction and $400,000 minimum for right-of-way. ~Dtion was made by Stephens seconded by Nash to receive the report. Motion carried. · ' 11. The Council considered a report relative to the development of districts for the single member district election plan. City Planner John Lavretta gave the following report: The first step necessary in developing alternative districting proposals is to decide on a data source for population. In our case, the plan is to use the existing precincts to avoid cumbersome administration of the election and registration and so we need the population data aggregated by precinct. The first thought was to use the 1970 census data. Census data is available for Denton for the City as a whole and also available in sub-geographic units called census tracts. The census tracts are larger than the precincts so the first goal was to try to aggregate the precincts by census tract. Unfortunately, there were significant discrep- ancies in the boundaries of the two units. Census data is available to larger cities by a very small unit called blocks. If this were available, the blocks could be aggregated by precinct. We have learned, however, that the block data was not gathered for cities of Denton's size. Recommendation: Since we would be using a nonstandard approach in developing the population data the staff would recommend that the Council appoint a small Technical Review Committee made up of people from the Universities who are knowledgeable in the field to oversee the staff work in data collection and in developing alternate districting plans for the City. Motion was made by Stewart, seconded by Stephens to appoint a committee of 3 to 5 members to work with the Planning Depar~nent. Motion carried. 337 Aanuary 8, 1980 Continued 12. The Council considered a status report on the Land Use Planning Comm- ittee. City Planner John Lavretta reported that on December 17, 1979 the at large selection meeting was held with 115 present. The Planning Coaaaittee has selected as their representatives Dr. Robert LaForte, Ms. Lennie McAdams, Andy Sidor and Ms. MarilynGilchrist. - Lavretta advised that the staff is preparing to (1) readvertise for a small meeting of interested people in the northwest sector of the City in order that we might get three representatives from that area, and (2) readvertise for a meeting to select the Civic Group at large representative. Selection criteria would be self selection from the groups in attendance with each group provided one vote. Groups eligible would be any group not otherwise specifically designated on the Committee. Representatives of a Civic Group would need verification by letter from the Civic Group that they are authorized by the membership to represent the particular Civic Group. No official action was necessary. 13. The Council concurred to consider appointment of three Council Members to the Land-Use Planning Con~aittee in Executive Session. 14. The Council considered a report on City registration of animals. Assistant City Manager King Cole advised that nine cities had been surveyed relative to their animal registration program, with six having some form of registration. The methods used by these cities who have registration are as follows: registration directly with animal control, registration through tax office, registration through water department and mail-in registration. The responses on the efficiency of City registration were generally good. Since it is not feasible to go door to door, the cities admitted having less than 100% _ registration. However, they indicated that each year their registration numbers increased. The cities that have discontinued the practice of registration are Grand Prairie, Hurst and Irving. Approximately one year ago the Animal Control Board of the City of Grand Prairie decided to eliminate City registration. Motion was made by Vela, seconded by Stewart to direct staff to make a comprehensive study of animal problems. Motion carried. 15. The Council set the agenda for the January 15, 1980 meeting. 16. Emergency addendum to this Council meeting was a Resolution exercising the City's option to recapture the Airport Terminal Building. Mayor Nash objected to calling this item an emergency, stating that 3 members had not declared an emergency. Council Member Vela said emergency items are approved regularly and that this one could be acted on tonight. Council Member Stewart agreed with Vela. Motion was made by Nash that this item not be considered. Motion died for lack of a second. The following Resolution was presented: AT A REGULARMEETING OF ~ CITY COUNCIL OF THE CITY OF DENTON, T~XAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8THDAY OF JANUARY, A.D. 1980. RESOLUTION ;%~EREAS, the City of Denton, Texas and Aerosmith Denton Corporation are parties to a lease agreement, dated August 26, 1975 whereby Aerosmith is entitled to the sole use of sufficient space in the Administration Building (also lmown as the Airport Terminal Building) not to exceed fifty percent (50%) of the whole area; and January 8, 1980 Continued I.FHEREAS, under the provisions of the said lease agreement, the City of Denton has the right of recapture, at its option, the use of the Administration Building under terms and conditions agreed to by the parties and upon written notice to Aerosmith at least ninety (90) days in advance of the effective date of recapture; and WHEREAS, the City Council of the City of Denton, upon careful consideration of the matter, has determined to exercise its option under the said provision of the lease agreement to recapture that Administration Building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, THAT: 1. The City Council of the City of Denton hereby determines that the City of Denton should exercise its option to recapture the use of the Administration Building as allowed by the said Agreement. 2. The City Manager is hereby authorized to advise Aerosmith Denton Corporation, by written notice, of the City of Denton's intent to recapture the use of the Administration Building as allowed by the said lease agreement. PASSED AND APPROVED this the 8th day of January, A. D. 1980. /s/ BILL NASH, ~v~YOR CITY OF Dh~TON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENT(lq, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ BURT R. SOLOMONS ASSISTANT CITY ATTORNEY Motion was made by Vela, seconded by Stewart that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Stephens "aye" and Nash "naS'. Motion carried. 17. CONSENT AGENDA: Motion was made by Nash, seconded by Stephens to remove item A~i, Bid #8714, Police cars from the consent agenda. Motion carried. Motion was made by Vela, seconded by Stephens to approve the following consent agenda. Motion carried. (A) BIDS/PURCHASE ORDERS (1) Bid #8717, refuse containers, awarded to Fuqua Enterprises at a total price of $5,690, FOB Denton. (2) Bid #8719, tree trimming, awarded to Cobb Tree Service at $42.47 per working hour. (5) Bid #8721, fire fighting equipment awarded as follows: Item 1 to Casco Ind. at $620.00 Item 2 to Casco Ind. at $145.00 Item 3 to Casco Ind. at $190.00 Item 4 to Fire Fox Corp. at $65.00 Item $ to Casco Ind. at $195.00 Item 6 to Fire Protection Service Co. at S517.00 January 8, 1980 Continued ~39 (4) Bid #8718, stainless steel fittings & pipe, awarded to the low bidder meeting specifications, Vinson Supply Company in the amount of $16,956.93, FOB Denton. (5) Bid #8716, power cable, awarded to the low bidder, Graybar Electric in the total amount of $3?,828.50, FOB Denton. (6) Purchase Order #41521 to Trayer Engineering Corp. for switch gear approved in the approximate amount of $8,496. (7) Purchase Order #41289 to C. E. Air Preheater for replacement parts of Ljungstron Air Preheater approved in the amount of $6,78S.95. (B) PLATS (1) Replat of Shady Oaks industrial Park, Lot 2A, Block A approved. 18. Motion was made by Vela, seconded by Stewart that Bid #8714, Police cars, be awarded to the low bidder meeting specifications, Chester Morris Chrysler Plymouth for 21 units for a total of $142,780.68. Motion carried. 19. The Council recessed into ~xecutive Session at 9:50 p.m. to discuss legal matters, real estate, personnel and board appointments. 20. The Council reconvened into public session at 10:25 p.m. Motion was made by Stewart, seconded by Stephens to table considering the appointment of three City Council positions to the Land-Use Planning Committee until the meeting of January 15, 1980. Motion carried. Meeting adjourned at 10:40 p.m. MAYOR CITY SEC~~ City Council January IS, 1980 Special Called ~4eeting of the City Council of the City of Denton, Texas, Tuesday, January 15, 1980 at 7:00 p.m. in the Council Chamber of the ~kmicipal Building. PRESSNT: Mayor Nash, Mayor Pro T~n Stephens, Council Members Hensley, Vela and Stewart; City ~.4anager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. The Council considered a reco~.endation from the Planning and Zoning CoJi~,ission on the format and implementation policies of the Land Use Planning Committee and providing directions for the Denton 80's Committee. City Planner John Lav-retta advised that this item concerns a recomm- endation from the Planning and Zoning Commission about the desired type of land use plan and day-to-day implementation policies on its use. The purpose of this action is to provide tentative guidance to the upcoming land use committee about: (A) The general type of land use plan the Planning and Zoning Commission and City Council would judge most useful. (B) Provide tentative commitment to the committee on how the Planning and Zoning Commission and City Council would use the results of the plan on a day-to-day basis. Lavretta requested that the Council review these recommendations and a general indication that they be adopted in principle with the understanding that the detailed structure be finalized after the Land Use Committee work is finished and the Denton Development Guide is adopted. Council Members contributed brief remarks relative to land use plan, such as thoroughfares, streets, both feeder collector streets and zoning. The Council discussed/~r, iding the Planning and Zoning Commission. with a 3/4 vote. ~ ~~ The matter of the scope of the Denton 80's Committee was discussed as to duplication of activity. City Manager Hartung advised that the Denton 80's Committee will make very general policy statements, that the two groups should be coordinated. We must make sure this coordination will take place. No official action was taken. 2. The Council received a reoort and reco...endation from the Library Board on the cons~cruction of the ne~ Library building. Assistant City b~anager King Cole advised that architect Duane Landry reported that the estimated cost total for the library expansion is $960,460 or $208,460 above the $772,000 allocated. The increased figure includes new construction- $753,700, remodeling of existing building- $ 78,000, furniture for the new building-S67,000 and professional fees for new construction-S61,760. Architect Landry advised that construction will be in flood plain. He said that the building must be conservative with energy, that the new addition must match the other building. He also advised that cost increase since bond approval is 24%. Pat Warde, Library Board Chairperson, stated that it was the consensus of the Library Board that the City should proceed with the building if alternate funding is available. Mayor Nash--We must determine actual costs, since we are not dealing with realistic figures. Hartung--One route is Certificates of Obligation. Stephens--Is there the possibility of a grant? Hartung advised that he was not aware of this, adding that the chief concern would be the impact on next years budget. ~4otion was made by Nash, seconded by Vela to proceed with the bidding process and to explore the feasibility of Certificates of Obligation. Motion carried. January 15, 1980 Continued 341 3. The Council considered a joint Pole Use Agreement between the City of Denton and General Telephone Company. Utilities Director Bob Nelson advised that due to the significant increases that have taken place in recent years in the cost of installing and ,mintaining poles, it has become necessary to update the existing Joint Pole Use agreement. The new annual pole use rate will be raised to $5.00 per pole in lieu of the $2. S0 charge shown in the 1967 contract. The fiscal sm~mry is as follows: 3165 poles @$2.S0 (old rate) $ 7,912.50 3165 poles @$S.00 (new rate) $15,825.00 Increase in revenue to City $ 7,912.50 Nelson added that the Utilities Board at their December 19, 1979 meeting recommended that the amendment to the Joint Pole Use Agreement be accepted. Motion was made by Stewart, seconded by Hensley to approve the Joint Pole Use Agreement between the City of Denton and General Telephone Company. Motion carried. 4. The Council considered the appointment of three City Council positions · o the Land Use Planning Committee. Council Member Stewart advised that too many Council Members have been on too many Boards. He recommended only two Council Members to serve on the Land Use Committee. Motion was made by Nash, seconded by Vela to name Council Members Ray Stephens and Dick Stewart to the Land Use Co,~uittee. Motion carried. The Council considered a status report on the TMPA Board Meeting. Cmmcilman Vela reported that the meeting was held at the Gibbons Creek ?lant site, that construction is moving ahead on schedule, that it is time to make a decision on the seqonR~boiler unit of the Plant, that a study is being made to determine if Dent~n~e~ds~lr wants this other unit. Mayor ,I~a~F~ ty has approved a study on electric power matters which is due on April 6. The Council recessed into Executive Session at 8:19 p.m. tb discuss ~egal matters, real estate, personnel and board appointments. 7. The Council reconvened into Public Session at 9:10 p.m. The following Resolution was presented: ~T A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~NICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF JANUARY, 1980. RESOLUTION ~HEtLEAS, on June 5, 1979, Burt R. Solomons was appointed as Acting City Attorney Of the City of Denton, Texas; and \vHF2t~S, this City Council approved a small increase in salary for such services; and ~42REAS, a new City Attorney was not appointed and made effective until November 12, 1979; and ~HEREAS, this City Council desires to express their appreciation for Mr. So!omon's service as Acting City Attorney; ~C]'., ~HEREFORE, BE IT RESOLVED BY THE CIT? COUNCIL OF THE CITY OF D~NTON, TEXAS, 1. The additional amount of $555.60 heretofore expended from the General Funds and paid to Burr R. Solomons as part payment for services as Acting ~ity Attorney from October 1, 1979 to November 12, 1979; be and the same is hereby ~Fproved. January lS, 1980 Continued 2. That this Resolution be effective immediately upon and from its passage and approved by this City Council. PASSED ~ND APPROVED this the 15th day of January, 1980. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS A1TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Nash, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. Motion was made by Stephens, seconded by Stewart that the following citizens be appointed to Boards and Commissions as follows: Airport Board--Joel Howell Planning smd Zoning Commission--Carol Busby Research and Economic Development Board--Ray ~{cAlister Electrical Code Board--Delbert Overstreet Motion ca~ried. ?~Ieeting adjourned at 9:15 p.m. ~~~ ~iAYOR CIT~ SEERETARY City Council 3 4 January 22, 19S0 Special Called Joint Meeting of the City Council and the Public Utilities Board of the City of Denton, Texas, Tuesday, January 22, 1979 at 5:00 p.m. in Carey's Re s t aurant. PRESENT: Council: Mayor Nash, Mayor Pro Tern Stephens, ~.~embers Stewart, Hensley and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. Utilities Board: Jim Nash, George Krieger, Ed Coomes, Roland Laney and Marvin Loveless. 1. A report on further action on the Lake Aubrey Reservoir Project was cons idered. A representative of LW~ gave the following: (A) Objectives for Aubrey Reservoir: (1) Update Aubrey's cost (2) Define alternative reserves (3) Evaluate other strategies (B) Study Approach: (1) Team of participants (a) The Cities of Denton and Dallas (b) Corps of Engineers (c) First Southwest Company (d) First National Bank of Dallas (C) L~FW developed a computer model to find the following: (1) Actual use estimated costs (2) General inflation rate (3) Increase in energy costs (p~mping) (D) Findings that are feasible: (1) Feasible water source alternatives (a) Cooper-Sulphur Bluff I and Sulphur Bluff II (2) Costs of financing terms are comparable [3) Cost of water through the year 2050 [4) It would be advantageous for t~vo cities for the Corps of Engineers to build Aubrey Reservoir (E) Current Aubrey financial data based on 1979 rates: (1) Total estimated cost of Aubrey Reservoir--$230,451,000 (2) Federal share--S70,792,000 (3) Dallas (74%)--$118,148,000 (4) Denton (26%)--$41,511,000 (5) Actual cost of water varies from year to year (6) Aubrey and Garza water will take us through the year 2002 Denton City .~4anager Chris Hartung advised the Council that Denton does have the permit for water rights, adding that Aubrey water will not need to be pumped but will flow by gravity to Denton. L~V recommended Denton go with the project with Government financing, adding that cities needed to work with the State Parks and Wildlife people. City Manager Hartung advised that environmental studies have been made, that payments will begin in 1990 and water will flow in 1995. "Denton must start the project no~', Hartung added. ~,.leeting adjourned at 6:55 p.m. ~ CITY SE~~ ~¥~VOR City Council January 22, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, January 22, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela, Hensley and Stewart; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. Many former Council and Utilities Board Members were present. At this point Mayor Nash read a proclamation proclaiming "Aubrey Reservoir Day in Denton". He said that this is an expression of gratitude of former Council Members, former Utilities Board Members and Denton citizens who have and will continue to support the Aubrey project. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the Regular Meeting of January 8, 1980 and the Special Called b~eeting of January 15, 1980 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) The Mayor opened a public hearing on Z-1429, the petition of ~ir. Bennie Snider (North Texas Savings and Loan), requesting a change of zoning from Agricultural (A) and Multi Family Restricted (MF-R) to b~ulti Family IMF-l) zoning classification on a tract approximately 17.3 acres in size. The property is located east of the Denton North Apartments and on the north side of U.S. Hwy 77 north of the Optimist Club property. After hearing 1 speak in favor and none in opposition, the hearing was closed. - City Planner John Lavretta advised that 6 letters were mailed with 2 returned in opposition and none against. The Planning and Zoning Commission recomm- ended approval. Motion was made by Hensley, seconded by Vela that the petition be approved. Motion carried. 3. The Council discussed the Robertson Street Bridge as follows: (A) A Resolution amending the General Fund Budget to provide for the construction of Robertson Street Bridge was considered. City Planner John Lavretta advised that if the City accepts the low bid of Kidwell Construction Company, the project is estimated to cost $132,159 over budget. The Staff, however, recommends approving the low bid. There is projected an overrun of $110,000 for the Co~,,~unity Development Grant projects, including the Robertson Street Bridge. Lavretta recommended acceptance of' the low bid of Kidwell Construction Company, but he advised that a budget amendment will be required to fund cost overrun. The following Resolution was presented: .iT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF~¥rON, TEXAS, HELD IN THE B'roNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JANUARY, A.D. 1980. RESOLUTION WHEREAS, the City Council of the City of Denton, Texas finds it of grave public necessity to amend the City of Denton budget as adopted for the fiscal year of 1979-80 in order to meet unusual and unforseen conditions with regard to funding of the Community Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the official budget of the City of Denton, Texas for the fiscal year of 1979-80 be amended to increase appropriations in the General Fund in the amount of $107,000. 2. That a copy of this Resolution by the City Council be filed with the City Secretary and published in the next available issue of the official newspaper of the City of Denton. January 22, 1980 Continued 545 3. That a copy of this Resolution be attached to the official 1979-80 budget as originally adopted. 4. That this Resolution be effective immediately from and upon its passage and approval by the City Council of the City of Denton, Texas. PASSED AND APPROVED this the 22nd day of January, A.D. 1980. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stewart, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (B) Awarding bids for the Robertson Street Bridge construction was considered. Motion was made by Stewart, seconded by Hensley that the bid for the Robertson Street bridge construction be awarded to Kidwell Construction Company, pending approval by HUD, at a low bid of $532,159.75. Motion carried. 4. The Council considered an appearance by representatives from Scott Instruments relative to the issuance of industrial revenue bonds. Mr. Howlett, representing Scott Instruments, advised that products are not in the final stages of completion, that Scott is developing computers that can be talked to and this talk can be stored. Scott has a great potential, but needs funds to continue. Frank Medanich of First Southwest Company advised that the Company had no historical record. In essence Mr. Medanich said, "I just don't know at present". Motion was made by Vela, seconded by Stewart to obtain more information before taking a further look at the request. Motion carried. 5. ORDINANCES: (A) The Council considered the following Ordinance executing a quit claim deed quitclaiming right of way for Wilshire Street located between Avenue D and Avenue E to North Texas State University. ORDINANCE NO. 80-2 .iN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING ALL OF STREET RIGHT OF WAY DESCRIBED IN VOLUME 75, PAGE 10.5 OF THE DEED RECORDS OF D~NTON COUNTY, TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZ- ING N]~_CESSARY LEGAL DOOUMENTS TO BE PREP.kRED AND SIGNED; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stewart that the Ordinance be passed.. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 3~ January 22, 1980 Continued (B) The Council considered the following Ordinance for quit claim of a utility easement at Lot 24, Block B, Timber Oaks Estates. ORDINANCE NO. 80-3 AN ORDI~CE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING ALL OF THE UTILITY EASemeNT DESCRIBED IN A CERTAIN EASEMENT DATED OCTOBER 31, 1979, AND FIL~ OF RECORD IN VOLUME 984, PAGE 90 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS FROM HARRY R. BERGERUD AND WIFE, GLADYS J. BERGERUD TO THE CITY OF DENTON, TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOL~S TO BE PRHPARt~ ~ SIGP~ED; J2qD PROVIDING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stewart that the Ordinance be passed. On roll call ';ote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 6. RESOLUTIONS: (A) The Council considered the following Resolution reaffirming the City of Denton's cmmnitment to the Aubrey Reservoir project and authorizing the ~ayor to execute the Water Supply and Recreation Contracts with the U. S. Corp of Engineers: AT A REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~ONICIPAL BUILDING OF SAID CITY CN THE 22ND DAY OF JANUARY, A.D. 1980. RESOLUTION IFHEREAS, in order to meet present and projected water requirements for the City of Denton, additional water resources are required; and WHEREAS, Aubrey Reservoir has been included in Denton's master plan since at least 1962 when the Cities of Denton and Dallas agreed, in an interim water supply contract to be the local sponsors of the Corps of Engineers' proposed Aubrey Reservoir; and ~FHEREAS, Aubrey Reservoir is the last remaining site for a gravity flow source of water on the Elm Fork of the Trinity River, and the last potential reservoir within Denton's water shed; and WHEREAS, the City of Denton and the City of Dallas hold permits for water rights in Aubrey Reservoir, with Denton owning a %wenty-six (26%) percent share and Dallas a seventy-four (74%) percent share and sharing the costs of the project by these same percentages; and WHEREAS, the U.S. Army Corps of Engineers in 1938 included Aubrey Reservoir in flood control plans for the Elm Fork of the Trinity River, and later classified and received authorization from Congress for Aubrey Reservoir as a multiple purpose reservoir for water supply and recreation pursuant to the River and Harbor Act of 1965; and WHEREAS, a financial feasibility study conducted by L}FFW Inc., for the Cities of Denton and Dallas concluded that the Aubrey Reservoir Project with construction and financing by the U.S. Army Corps of Engineers is the most economical water resource alternative available to the cities at this time; and WHEREAS, the two cities must enter into water supply and recreation contracts with the federal government before construction can begin; and WHEREAS, proposed contracts require Denton to pay its allocated share of actual construction costs, including interest during construction on all facilities and lands needed for water supply and to share fifty (50%) percent of such costs with federal government for recreation; and ~FHEREAS, the Corps of Engineers current estimate (in 1979 Dollars) for the total project investment is $230,451,000 of which Denton's share is $41,513,300 (water supply: $37,744,100; recreation: $3,769,200) to be repaid over fifty (50) years at a specified interest rate, currently 7.21%, with the first payment due when faci- lities are complete; and 347 January 22, 1980 Continued I~]E~AS, Denton and Dallas will be responsible for their proport±onate share of annual operations and maintenance expenses; and ~'dI~AS, the inclusion of recreation as one of the purposes for the project makes federal participation possible and reduces the cost to Denton for water supply; and WHEREAS, planning for recreational activities at the reservoir will recognize that the water level will fluctuate quite frequently as the reservoir is used for water supply, its primary purpose; ;FHEREAS, it is desirable for construction of this water supply resource to begin at the earliest possible time and anticipated completion is 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTC~, TEXAS, THAT: SECTION I. The Mayor be authorized to enter into water supply and recreational contracts with the United States Army Corps of Engineers for the Aubrey Reservoir Project after completion of final negotiations on subject contracts. SECTION II. The City Manager and Finance Director be authorized to encumber and allocate funds at the appropriate time, from Water Utilities current funds for annual repayment of Denton's share of actual construction costs for water supply and recreation and actual operation and maintenance costs for water supply; and from the Parks and Recreation Department current funds for operation and maintenance of recreation facilities provided such source of funds is deemed appropriate by the Council at the time of initial payment of recreational operation and maintenance fees; all of which the U.S. A~-mf Corps of Engineers estimates .to be (in 1979 dollars): WATER SUPPLY RECREATION TOTAL Annual Capital Cost Repayment $2,618,730 $261,590 $2,880,320 ~nnual 0 & M Cost $ 44,900 $166,930 $ 211,830 Total $2,663,630 $428,520 $3,092,150 SECTION III. This Resolution shall take effect ~,~,,,ediately from and after its passage and approval in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. PASSED A~x]~ APPROVED this the 22nd day of January, 1980. /'si BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FO~RM C.J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stewart, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Steohens "aye" and Nash "aye". Motion carried. (NOTE: The above resolution was acted upon twice and was approved both times, therefore only the last approval is included.) ~-~ January 22, 1980 Continued (B) The following Resolution requesting that the United States Congress consider renaming Aubrey Reservoir in honor of Ray Roberts was presented: AT A REGULAR MEETING OF THB CITY COUNCIL OF THE CITY OF DSNTON, TEXAS, HELD IN TF~. MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JANUARY, A.D. 1980. RESOLUTION WHEREAS, the Honorable Ray Roberts is the United States Representative for the Fourth Congressional District which includes the City of Denton; and ~{EREAS, Ray Roberts has served in the U~S. Congress for eighteen years, and was a State Senator in the Texas Legislature for seven years prior to that; and WHERBAS, Ray Roberts is chairman of the House Veterans' Affairs Committee and chair- man of the Water Resources Subcommittee of the Public Works and Transportation Committee; and - WHERBAS, Ray Roberts has been aleader in the development and conservation of the nation's water resources, and was the principal author of the Water Resources Development Act and has guided authorization of the Aubrey Reservoir Project; and ~YHBREAS, Ray Roberts has spent many hours working with the Corps of Engineers, Texas Water Rights CoJmmission and the City of Denton towards assuring the construction of the Aubrey Reservoir Project; and WHERFAS, Ray Roberts has worked hard and eiligently towards funding the project and has effectively secured funding for the development of the Aubrey Reservoir Project; and WHEREAS, the Aubrey Reservoir Project is extremely important to the water supply of the City of Denton and Ray Roberts has worked for the assurance of an adequate water supply for the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DF~NTON, TEYAS, THAT: The Mayor of the City of Denton be authorized to petition the United States Congress to redesignate the U.S. Corp of Engineers' Aubrey Reservoir Project in honor of the Honorable Ray Roberts for his hard work and dedication in representing the City of Denton regarding its interests and the construction of this reservoir. PASSED AND APPROVED this the 22nd day of January,A.D. 1980. /s/ ~'ILL ~%tSH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY, CITY OF DENTON TEXAS BY: /s/ Motion wasmade by Stephens, seconded by Stewart that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye" Stewart "aye" and Stephens "aye". Motion carried. ' 7. The Council considered disposition of excess Right of Way along Sherman Drive at Denison Street. The Planning and Zoning Commission unanimously recommends the parcel for disposition and recom,~ends that no curb cuts be permitted from Sherman Drive. The Planning, Engineering, and Utility Departments also recoJ,,~end the parcel for disposition withoutcurb cuts on Sherman Drive. The City Council needs to determine first whether to dispose of the property, and secondly whether the property is independently developable. January 22, 1980 Continued 249 Motion was made by Vela, seconded by Stephens to dispose of the subject property. Motion carried. 8. The Council considered the disposition of property adjoining the right of way proposed for the Mingo Road extension. City Planner John Lavretta briefed the Council, advising that in 1977 the City acquired a parcel of property denoted as Tract 1 and Tract 2 on the enclosed map. These tracts are located between Bell Avenue and the ~CF Railroad tracks and are just south of Vine Street. The property was acquired to permit the extension of Mingo Road to Bell Avenue. We have had a request from an adjoining property owner to purchase Tract 1. The Planning and Zoning Commission reviewed this request at their last meeting. Tract 1 will not be needed for the extension of Mingo Road and there are no utilities located on the property. The Staff cannot forsee a potential City use for the property and the Planning and Zoning Commission recommended disposition of Tract 1. The Staff believes the property is independently developable. Motion was made by Vela, seconded by Stephens that the property is not independently developable and to sell this property through high bid as surplus property. Motion failed 2 to 3. 9. The Council considered the request of Mr. William Johnson for deannexation of approximately 23.8 acres of land located east and north of the Montecito Del Sur subdivision. Mr. Johnson stated that he could not use his land since recently adjacent land was turned down as a subdivision because a few people didn't want anymore traffic on their street. He asked for tax relief. ~,Iotion was , made b~ ~krt, seconded by Vela to deny denannexation of 10. The Council 'c~n~on the Prairie Street and Bell Avenue intersection. Rick Svehla briefed the Council, stating that the Traffic Safety Support Commission reviewed this intersection in relation to signal needs at its October meeting. A new traffic count was made and accident histories were reviewed. The intersection does not meet warrants or. requirements to establish a signal at this intersection. Community Development is working through its demolition program to see if it is possible to remove the building on the 'south west corner of this intersection which would improve sight distance. The Highway Department has been contacted as to the status of a request made by former Councils for a signalized rail crossing just east of the intersection. As of this date, we have not received any information from them. The Staff continues to be concerned about this inter- section and it will be reviewed on a regular basis. Mayor Pro Tem Stephens voiced concern with safety at the subject inter- section. He stated that he had asked that the matter be placed on the Traffic Safety Support Commission's agenda in January, but it was not. 11. The Council considered adjustments to the Tax Roll for uncollectable accounts. Motion was made by Nash, seconded by Stewart to table the matter until the next meeting of the Council. Motion carried. 12. The Council considered approving refunds for overpayment of taxes. Motion was made by Stewart, seconded by Nash to refund overpayments of taxes as follows: $665.83 to Metroplex Realty Trust and to Merrell Buick in the amount of $998,92. Motion carried. 13. The Council considered approving a contract with Joe Belew for temporary water service outside the City limits. Motion was made by Nash, seconded by Stephens to table the matter. Motion carried. ~0 January 22, 1980 Continued 14. The Council set the January 29, 1980 Study Session Agenda. iS. The Council considered the following Ordinance canvassing the returns and declaring the results of the Home Rule Charter Amendments election: ORDINANCE NO. 80-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE HOME RULE CHARTER A~NDMENTS ELECTION HELD ON JANUARY 19, 1980 IN THE CITY OF DENTON, TEXAS; DECLARING THAT AMENDMENTS NUMBF~S 1, 2, 3, 4, $, 6, 7, 8, 9, 10, 11, 12, 13, 14, 1S, 16, 17, 18, 19 AND 20 ~_aRE ADOPTED; DIRECTING THE CITY SECRETARY TO CERTIFY TO THE SECRETARY OF STATE OF TEXAS AND AUTHENTICATED COPY OF THIS (RDINANCE AND OF ORDINANCE NO. 79-86 CALLING THE ELECTION FOR THE SUBMISSION OF THE PROPOSED CHARTER AMENDmenTS; DIRECTING THE CITY SECRETARY TO RECORD THE ADOPTED ~MENDMENTS IN THE OFFICIAL RECORDS OF THE CITY OF DENTON, TEXAS; DECLARING AN EMERGENCY AND EFFECTIVE DATE. Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye" Vela "aye" Stephens "aye" and Nash "aye". Motion carried. ' ' 16. The Council recessed into Executive Session at 9:25 p.m. to discuss legal matters, real estate, personnel and board appointment, s. 17. The Council reconvened into Public Session at 9:S0 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:S3 p.m. MAYOR CITY SECRETARY City Council 351 January 29, 1980 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, January 29, 1980 in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Hensley and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Stewart. 1. The Council considered a Public Hearing on the creation of the single member districts and adoption of an ordinance creating the single member districts under the Charter of the City of Denton. City Attorney C. J. Taylor briefed the Council relative to the drawing of the 4 districts. Council Member Vela asked if he thought the plan would be accepted by the Justice Department. Taylor answered that he did not know at this time, but that input by the citizens tonight will have an impact. Mayor Nash opened the public hearing. Reverend M. R. Chew, Chairman of the Political Action Comm- ittee of the NAACP, who lives in District 1 of the City of Denton, ask- ed the Council to consider an alternate plan that is in the frame work of the one devised by the City of Denton Staff. His alternate plan indicated that the two universities would be added to District 1, and he added that there still would be approximately 12,000 population in each of the four Districts. Popo Gonzales, local businessman, stated that he was not opposed to the districting, but that he would like for the Mexican Americans to have their own district, but that he knew that there'was not enough of them to have their own district. Carl Williams, President of the Denton Chapter of the NAACP, advised that the closing of Dreamland caused the dispersing of poor black residents to the low rent college area housing. He said, "the black majority desires to have a Council Member who sometimes drives into our district, sometimes attends church with us, sometimes eats barbeque with us and sometimes comes to our park to play basketball with us". He added that the map should be drawn on a socio-economic basis. Council Member Vela answered that the map was drawn on a socio-economic basis, according to the City Attorney. Carl Williams stated that precincts 4G and 1M have the poorer minorities. He said, "we are proud that we can come before the City Council to present an alternate plan and it makes us proud to be Americans". Local Attorney Ed Stapleton spoke on the request of the NAACP. He advised that many old time black residents had moved to the Stella Street area because the cost was more reasonable. He added that it would be difficult to elect a minority unless that population concentration area just mentioned be included. Mayor Nash stated that people just aren't voting in Denton. He added that if the blacks in their district vote they will elect a Council Member. Vela--"We need to assure that a black is elected". January 29, 1980 Continued City Attorney Taylor--"I do not have knowledge of the number of minority who reside in the 4G precinct. Larry Bailey, Vice Chairman of the Charter Revision Committee, asked if it is correct that due to population residency changes that districts can be changed. City Attorney Taylor answered that districts can be changed when there occurs a loss or a gain of population or could remain the same. The 1981 population figures could cause this. Bailey stated that the alternate plan could be unfair to some citizens, but that he was not at all in opposition to districting. He said, "Denton needs to get moving, and I am pleased that the minor- ities can be heard". Ms. Charlie Hagan, Southeast Denton resident, said, "it appears that Mr. Bailey is in opposition to our alternate plan". Randall Biddy stated that the citizens want this districting to go through so that everyone will have equal representation. Mrs. McAdams, Southeast Denton resident, stated that she felt that some prejudice had developed because of the alternate plan. Mayor Nash asked City Planner John Lavretta what figures were used in the population distribution of the districts. Lavretta--"Council of Government figures were used, and I think it is roughly right." City Attorney Taylor--"We do need a bit more time to check out the population figures." Council Member Vela and Larry Bailey had some differences of opinion and both indicated that their remarks were misunderstood. Both men apologized for their remarks. Mayor Nash--"We want it to be made clear that the Council is not trying to cram anything down the citizen's throats." Mayor Pro Tem Stephens--"I feel these people are sincere, and the Council has a very serious responsibility". Council Member Vela--"I am recommending that we eliminate the original districting plan as prepared by the City Attorney and Staff and to accept the NAACP alternate plan~ City Attorney Taylor stated that the Council needs to have a special meeting next Friday or Monday because there is a time element in sending material to the Attorney General. The Council concurred to meet on February 5, 1980 to vote on plans submitted. Motion was made by Vela, seconded by Stephens to accept for further hearing the recommendation of the NAACP, or others, to make changes on the districting map, and to consider an Ordinance on Tuesday, February 5, 1980. ~otion carried. 2. ORDINANCES: The following Ordinances were presented: (A) Ordinance #80-5 AN ORDINANCE REMOVING PARKING ON MULBERRY STREET BEGINNING 140 FEET WEST OF ELM AND ENDING 480 FEET WEST OF ELM; AND REMOVING PARKING ON THE NORTH SIDE OF CORONADO STREET BEGINNING AT THE INTERSECTION OF LOCUST STREET AND ENDING AT THE INTERSECTION OF BELL AVENUE; PROVIDING A SEVERABtLITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. January 29, 1980 Continued 353 Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (B) ORDINANCE #80-6 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TE~IS, BY ORDINANCE NO. 59-1, AND AS SAID MAP APPLIES APPROXIMATELY 2.592 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (C) ORDINANCE #80-? 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 APPROXIMATELY 9.700 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~P OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Nash that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (D) ORDINANCE #80-8 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 ~P APPLIES TO CITY LOTS !, 10 AND 11 OF BLOCK 171, AS SHOWN THIS DATE ON THE OFFICIAL TAX ~tRP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING ~N EFFECTIVE DATE. Council Member Hensley abstained from voting because of economic fnterest as 1/9 owner of an estate. Mot%~n was maRe_by Nash, seconded by Stephens that the Ordinance be pa~q~d. ~B~g~J call vote Vela "aye", Stephens "aye" and Nash "aye". ~Pi~e~g~th Hensley abstaining consideration of adjustments to the Tax Roll for uncollectable accounts. Motion carried. 4. The Council considered approving a contract with Joe Belew for temporary water service outside the City limits. Mayor Nash abstained because of engineering work. Mayor Pro Tem Stephens took the chair. Utilities Director Bob Nelson advised that Mr. Belew has requested a 2" water line to service a development on I-3SW south of the Denton City limits, and that he is in the process of annexing the property, and that he and Bob Jones, adjoining land owner, are to install the necessary utility lines to the property. He added that there would be no cost to the City for the line. Motion was made by Hensley, seconded by Vela to approve the request of Joe Belew for a 2" water line for temporary water service outside the City limits as recommended by the Utilities Board. Motion carried. January 29, 1980 Continued 5. The Council considered a lease agreement for office space for the Energy Conservation Office. City Manager Chris Hartung advised that this is a lease agreement for an office for the Energy Conservation Department at 124 Eagle Drive. This building contains 630 square feet at a cost of $300.00 per month. Motion was made by Stephens, seconded by Hensley that the lease agreement be approved. Motion carried. 6. The Council considered a recommendation of the Airport Advisory Board to extend the Agricultural Lease Agreement for a six month period past the June 30, 1980 expiration date. The Airport Board approved extension of the Agricultural Lease Agreement of Mr. Ernest Trietsch for a six month period past the June 30, 1980 expiration date. The Board also recommended that the lease be a bid through a competitive process at the termination of this extension. Motion was made by Nash, seconded by Stephens to approve the Agricultural Lease Agreement with a 3 to 5 year lease to be given subsequent to extension and future leases to be on a bid basis. Motion carried. 7. The Council considered a recommendation of the Airport Board to approve Change Order No. 2 to the contract with Marriott Brothers, Inc. for the runway overlay construction. Motion was made by Vela, seconded by Hensley to approve Change Order No. 2 with Marriott Brothers, Inc. Motion carried. 8. The Council recessed into Executive Session at 9:24 p.m. to discuss legal matters, real es'Cate, personnel and board appoint- ments. 9. The Council reconvened into Public Session at 9:40 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:43 p.m. MAYOR City Council 555 February 5, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 5, 1980 in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Hensley, Stewart and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the Special Called Joint ~4eeting of January 22, 1980; the Regular Meeting of r January 22, 1980 and the Special Called Meeting of January 29, 1980 be approved. Motion carried. 2. PUBLIC HEARINGS: [A) A public hearing was held on the creation of the single member districts and to consider adopting an Ordinance creating the single member districts under the Charter of the City of Denton. (1) Robert LaForte, resident of Sherman Drive, asked the Council to vote only for a districting plan that is equitable and fair for all citizens of the City. He also asked that the Council not approve a plan designed by special interests. (2) Lee Keith stated that the plan for District 4 was abominable and appears to stretch from Southridge to Sanger. (3) Frances LaForte presented several different possibilities for an alternate districting map. She stated that the map proposed by the NAACP was unacceptable because of population differences. She reco,,,,~ended that alternate plans be sent to the Justice Department, along with final approved plan. Mrs. LaForte added that the majority of the Council should not live in the same district. (4) Reverend }4ark Chew, Co~mitittee Chairman of the NAACP, said, "We have worked on this a long time and we believe it's the best plan." [5) Mayor Nash asked for discussion: City Planner John Lavretta said in answer to a question by the Mayor, "Census figures should be c~i~pleted in the fall or winter of 1981." Nash--We need to take action on a districting map tonight. Stewart--I believe the Justice Department will not accept the map with 4 districts because of population differences. Nash--There is no way to equalize the population. There has 'co be some variance. Stephens--It's tough to balance districts, but I don't like how District 4 sets. "If we make a districting decision tonight, we must stay with it", Stephens said, "but I do believe that the original plan can be improved on". Nash--I believe we will be forced to change district lines and will have to re-district next year. Stephens--I hope there won't be a drastic change. City Attorney Taylor--We should get sc~ething to Washington as soon as possible. Vela--We need to put more time and thought on this. City Attorney Taylor--Ethnic and socio-econemic groups should be considered. Vela suggested an open house at the City Attorney's Office next week for citizens to provide input. Nash--We might end up not having an April 5 Council election. I 'm ready to make a decision tonight. : ~.~ February $, 1980 Continued Vela--This demands maximum input of citizens. Not many people here have expressed themselves. Motion was made by Stewart, seconded by Vela that interested citizens go with the City Attorney to the Civil Defense Room to try to work out an equitable and fair districting map. Motion carried 4 to 1. [NOT~: Citizens returned to the Council Chamber to continue the public hearing at approximately 11:00 p.m.) Mayor Nash reconvened the public hearing. Mayor Nash asked for a report. City Attorney Taylor--Besides the original map, six other plans were drawn. Bill Midgett--The original plan is not the best for a black citizen to win a Council seat. Reverend Chew of the NAACP--We ~on't want to be sliced like pie, and why weren't all the people here tonight present at the original meeting last week. Pope Gonzales--There is a concentration of minorities north of East McKinney Street and many are similar to the southeast Denton area in income and socially. Stewart--Do we need to know the four district lines before submitting the map to the Justice Department? City Attorney Taylor--The Charter, as adopted, states, one (1) at large Council Member Place S shall be a resident of District 1 or 2, and one (1) at large, Place 6 shall be a resident of District 5 or 4, therefore we must submit to the Justice Department now so that the election process can continue. Mayor Nash closed the public hearing. The following Ordinance was presented: ORDINANCE #80-9 AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLE MEMBER ELECTION DISTRICTS IN THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON AND EACH SINGLE MSMBER DISTRICT; AND PROVIDING THAT THIS ORDINANCE SHALL BEC(NE EFFECTIVE FROM AND AFTER THE DATE OF PASSAGE OF THIS CRDINANCE. Motion was made by Stewart, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. Motion was made by Stewart, seconded by Vela to adopt the map as shown in exhibit #1. Motion carried 5 to 2. (Exhibit #1 ~ 2 attached. Also attached are other maps presented at the hearing.) The Council began deliberations relative to considering the remainder of the formal agenda. [B) Mayor Nash opened the hearing on Z-1419, the petition of Mr. H. S. Osborne, requesting annexation and Agricultural (A) zoning classification on a tract approximately 57. S acres in size. The property has approximately 40 feet of frontage along the east side of Country Club Road (FM 1830) and begins approximately 1800 feet south of the intersection of Hobson Road and F?4 1850. After hearing 1 speak in favor and 2 in opposition, the Mayor closed the hearing. After hearing a report from City Planner John Lavretta, Motion was made by Stewart, seconded by Hensley that the petition be aoproved as recomnended by the Planning and Zoning Com,~ssion. Motion carried. ' [C) Mayor Nash opened the hearing on Z-1432, the petition of ~{rs. Tom Floyd, requesting a change of zoning from Single Family (SF-Tfto Comercial (C) zoning classification on a parcel approximately 1.2 acres in size. The tract is located along the north side of Dallas Drive between Simmons and Chambers Streets. February 5, 1980 Continued -~7 After hearing 2 speak in favor and 8 in opposition, the Mayor closed the hearing. City Planner John Lavretta advised that the Planning and Zoning Com,II- ission reco, m~ended denial of this request, as does the Staff, and that it requires a 4/5 vote of the Council since 25 letters were mailed with 4 returned in favor and 5 returned in opposition. Motion was made by Stewart, seconded by Vela to deny the petition as reco,,~tended by the Planning and Zoning.Co,.aission and the City Staff. Motion carried. (D) Mayor Nash opened the hearing on S-145, the petition of Mr. Steve Batey, requesting a specific use permit to operate a day nursery at 1008 Sherman Drive. After hearing 1 speak in favor and § in opposition, the ~ayor closed the hearing. City Planner John Lavretta briefed the Council, stating that the Planning and Zoning Co~,~ssion rec~m~tended denial by a vote of 5 to 0 with one abstaining. The Staff also recomends denial. Motion was made by Hensley, seconded by Stephens that the petition be denied. Motion carried. 5. ORDINANCES: The following Ordinances were presented: (A) ORD~ #80- 10 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTCN, TEXAS, ON APRIL S, 1'980, FOR THE PURPOSE OF ELECTING A MAYOR AND THR~.E COUNCIL- PERSONS TO THB CITY COUNCIL OF ~ CITY OF DENTON, TEXAS; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTRM ADOPTED BY D~NTON COUNTY BE USED IN SAID ELECTION; APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Hensley "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. (B) ORDINANC~ #80-11 (Bennie Snider) AN ORDINANC~ AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TH~ CODE 07 ORDINANCES OF THE CITY OF DENTON, TEXAS, BY CRDINANC~ NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 17.5S1 ACRES OF LAND, MORE OR LESS, AS SHOWN THIS DATE ON ~H~ 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 Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. 4. The Council considered a contract with Cathy Avery for the 1980 Tennis Program. Assistant City Manager King Cole briefed the Council, advising that the contract is designed to be self-sustaining, with monies from tournaments, lessons, leagues, etc., and that the Parks and Recreation Deparhuent will review plans for all activities prior to the season. Motion was made by Vela, seconded by Hensley to approve the contract as a self-sustaining program, and if it is not self-sustaining, take another look at it. Motion ca,-tied. 5. The Council considered authorizing the City Manager to sign a contract with Don Chipman for maintonance of athletic fields. Assistant City Manager King Cole advised that the job involved upkeep and clean up of 18 athletic fields and field maintenance and cleaning restrooms at Denia, Evers, Mack and North Lakes ball parks. Motion was made by Stephens, seconded by Stewart to authorize the City Manager to sign a contract with Don Chipman. Motion carried. February S, 1980 Continued 6. The Council considered awarding bids for drainage inmrovements on Pecan Creek--Bid #8707. - Following a briefing by City Planner John Lavretta, motion was made by Stewart, seconded by Hensley to award the bid to Craig-Olden, Inc. at a bid of $148,126.10, contingent on ~Dproval of HUD of the contractor, and with the follow- ing reductions: (1) Excavation of 25,010 cubic yards (2) 2,500 square yards of seeding (5) Accept the 6 inch gabron revetment alternative. Motion carried. 7. The Council considered adjustments to the Tax Roll for uncollectable accounts. Motion was made by Vela, seconded by Hensley to approve adjustments to the Tax Roll as submitted by the Tax Department. Motion carried. 8. The Council considered ~4PA-Denton memorandun of Intent for an Economic Dispatch Agreement. Utilities Director Bob Nelson advised that the City of Denton is partici- pating with other member cities of TMPA in a program known as Economic Dispatch. In this operational mode, the four cities dedicate their generators to a c~on generating pool. A co,~uter program which is based in Garland and administered by the Dispatcher in Garland reviews the total electrical requirements of the four cities and then puts the maximum amount of load on the most efficient unit in the system, and the next increment of load on the second most efficient unit and so on down to the less efficient units. This program has been saving the City of Denton between $10,000 and $50,000 per month. Motion was made by Vela, seconded by Stewart to approve the Economic Dispatch Agreement. Motion carried. 9. The Council considered participation in oversize of a 12" water line on Stuart Road--Bid #8724. Utilities Director Bob Nelson advised that Financial Consulting, Inc., is developing a site on the west side of Stuart Road and the north side of Hercules. The City is requiring the water line to be a 12" main and will participate in the difference between a 12" and an 8" line required to serve Financial Consulting, Inc. The City's cost is $5,929. Motion was made by Vela, seconded by Hensley to approve the Participation Agreement for funds for oversize of a 12" water line on Stuart Road as reconmended by the Utilities Board. Nbtion carried. 10. The Council considered participation in oversize of a 16" water line of HobsonLan~--Bid #8725. Utilities Director Bob Nelson advised that the Denton Baptist Association is developing a site on the south side of Hobson Lane and east side of Carmel Street. The City is requiring the water line to be a 16" main and will participate in the difference between the 16" and 8" line required to serve Denton Baptist Association. The cost to the City will be $1S,506.7S, with funds included in the 1979-80 Capital Improvements Plan. Motion was made by Stephens, seconded by Stewart to participate as recamaended by the Utilities Board. Motion carried. 11. The Council considered purchase of a 69 KV transmission line and assoc- iated right-of-way from Brazos Electric Power Cooperative. Utilities Director Bob Nelson reported that the City of Denton has been negotiating with Brazos Electric Cooperative for some time to purchase their old 69 KV line that runs from the Steam Plant to the Denton North Substation. They have agreed to sell the 50,500' line for $12,500. Funds will come from the 1979-80 operation budget. Motion was made by Stewart, seconded by Vela to approve purchase of a 69 KV line from Brazos Electric Cooperative. Motion carried. February $, 1980 Continued ,~-.' 12. The Council considered a travel policy for City officials. The Council discussed pros and cons of methods of approving expenses for travel of the Mayor or Council Vela said, "I think all travel expenses should be approved by the Council." Mayor--I do not see any reason for putting this item on the agenda. The following Resolution was presented: WHEREAS, it is nece~~~Oto establish standards for travel by members of the City Council on City of Denton business; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. No funds of the City of Denton shall be paid out of the City Treasury for any travel by the Mayor or any member of the City Council, or for any debt or other obligation incurred by the Mayor or any member of the City Council, unless such travel or expenditure has been approved by a majority vote of the City Council. SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the Sth day of February, A.D. 1980. /s/ BII,I, NASH, MAYOR CITY OF DENTON, TEXAS A~rEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Vela, seconded by Stephens that the Resolution be passed. On roll call vote Stewart "aye", Hensley "na)~', Vela "aye", Stephens "aye" and Nash "na)~'. Motion carried 5 to 2. 15. The Council set the February 12, 1980 Study Session Agenda. 14. CONSENT AGSNDA: Motion was made by Stephens, seconded by Hensley to approve the follow~ ing Consent Agenda with Item A-4, Bid #8733, Plastic Refuse Bags removed. Motion carried. (A) BIDS: (1) Bid #8725, Northlake Substation Switchgear Building, awarded to Wayne Allen Company at a total cost of $39,872.00. (2) Bid #8729, sodium silicoflouride feeder, awarded to Wallace 6 Tiernan Division of Penwalt Corporation in the amount of $4,140, FOB Denton. [3) Bid #8727, repair and painting of pool interior, awarded to Pool Kate, Carrollton, Texas, in the amount of $14,380, FOB Denton. 15. Motion was made by Stephens, seconded by Stewart to award bid #8733, plastic refuse bags to Sunbelt Plastics at $5.15 per roll, FOB Denton. Motion carried. Feb~ary S, 1980 Continued. 16. The Council recessed into Executive Session at 11:45 p.m. to discuss legal matters, real estate, personnel and board appointments. 17. The Council reconvened into Public Session at 12:00 midnight to announce that no official action was to be taken. Meeting adjourned at 12:04 a.m. MAYOR SINGLE MEMBER ELECTION DISTRICT ADOPTED'BY_ THE CITY COUNCIL OF THE cITY OF DENTON, TEXAS ON FEBRUARY 5, 1980 A 0 E F 'G j 4F I I 5E SINGI~ MIg{BER ELECTION DISTRICT ~. BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ON FEBRUARY 5, 1980 : --.! : l~ ,?.t .i G') --'" .i J ~i '.. City Council ,~ 6 February 12, 1980 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, February 12, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: b~yor Nash, Mayor Pro Tern Stephens, Members Vela and Hensley, City Manager Chris Hartung, City Attorney C. J. Taylor, Jr. and City Secretary Brooks Holt. ABSENT: Council Member Stewart. considered an appearance by Ms. Ruth Sweeney relative to 1. The Council her request for a variance from the Animal Control Ordinance prohibiting the keeping of goats within the City limits. City Attorney C. J. Taylor advised that on January 28, 1980 Animal Control Officers issued a letter of warning to Ms. Ruth Sweeney of 2420 Emerson alleging a violation of Article I, Section 4-5 of the Animal Control Ordinance which prohibits keeping certain animals in the City within 200 feet of an occupied building. ~.~r. Taylor added that Ms. Sweeney had contacted his office seeking a variance from th~./~lal Control Ordinance and that he had discussed the problem with~r ~e~e~t it was not possible to grant a variance from this ordina~_C . ~had suggested that she petition the City Council to amend ~-s. Sweeney stated that her request was for health needs, that goat's milk is necessary to her diet and that the cost of this milk and the unreliability of a constant supply has necessitated her keeping the goat. Motion Qas made by Hensley to deny the request. Motion died for lack of a second. Mayer Nash said, "No action has been taken by the Council, which means she will have to remove the goat to comply with the AnLmal Control Ordinance". 2. The Council considered accepting a grant from the Environmental Protect- ion Agency for the construction of a 6 MGD addition to the Wastewater Treatment Plant and other sewer interceptor and collection lines. Utilities Director Bob Nelson advised that the City of Denton applied to the EPA for a Step III Construction Grant for the following projects: (A) 6 ){GD Addition to the Wastewater Treatment Plant ........................... $ 7,319,401 (B) Pecan Creek Interceptor Line .............. $ 1,181,347 (C) Audra Lane Sewer Collection System ........ $ 342,248 (D) Contingency, Miscellaneous ............... ..$ 1,193,460 TOTAL $10,036,460 EPA has offered the Grant to the City and the next step in the sequence is for the City to formally accept the Grant. Bids will be accepted on the construction as soon as possible. Contract award and construction should take place by May, 1980. Eroected completion time is October, 1981. The total cost is $10,036,460, with EPJ%'s share to be $7,527,34S and Denton's share to be $2,509,115. The Utilities Board recommends acceptance of the Grant. Motion was made by Vela, seconded by Stephens to accept the grant as recu~,i~ended by the Utilities Board. Motion carrie~. 3. The matter regarding a lease agreement with Carroll Collins for additional office space for the City was not considered. 4. The Council considered executing a Release of all Claims against Enserch and Lone Star Gas Company as previously agreed to in the' November 1977 Gas Contract Settlement. ' Utilities Director Bob Nelson stated that on November 7, 1977, the City of Denton entered into a new Gas Sales Contract ~4th Lone Star Gas Company. At ~ ' February 12, 1980 Continued the same time, the City terminated previous gas contracts, released Delhi Gas Company from all claims, entered into a Transfer Gas Agreement with Lone Star and the other member cities of TMPA and entered into a "Contingent Settlement Agree- ment'' with Lone Star agreeing to drop all previous claims. The Contingent Settle- ment Agreement, however, was tied to a satisfactory ruling from the Railroad Comm- ission. The Conmission granted a favorable ruling in late 1978 and approved the gas contract. However, no action had been taken to formally release Lone Star from all claims. The document entitled, "Joint and Mutual Release", completes the release requirements listed in the Contingent Settlement Agreement. Additionally, it releases the cities from claims made by Lone Star for back payments Lone Star delivered prior to April, 1977, the effective date of the 1977 Gas Sales Contract. Motion was made by Vela, seconded by Hensley to execute a Release of all Claims against Enserch and Lone Star Gas Company as previously agreed to in the November, 1977 Gas Contract Settlement and as recommended by the Utilities Board and the Staff. ~4otion carried. Meeting adjourned at 7:17 p.m. Iv~¥OR CITY SECRETARY city council S February 19, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 19, 1980 at ?:00 p.m. in the Council Chamber of the Municipal Building. PR~SM~T: Mayor Pro Tern Stephens, Members Hensley, Vela and Stewart; City Manager Chris Hartung and City Secretary Brooks Holt ABSENT: Mayor Nash and City Attorney C. J. Taylor. Prior to considering the formal agenda, ~l~yor Pro Tem Stephens presented a plaque to Jewel B. Clark for 29 years of lo~al service to the City as a shift foreman in the Electric Production Department. Clark's Co-workers presented Mr. Clark with a gold watch plus a gold chain and knife. 1. Motion was made by Stewart, seconded by Hensley that the minutes of the Regular Meeting of February 5, 1980 and~ the Special Called Meeting of February 12, 1980 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) 'A public hearing was held on Z-1408, the petition of the Planning and Zoning Cow,l,~ss-'imt~ r~u~sting .annexation of a tract which is approximately 314.9 acres in size. The property is located on the north side of Highway 77, adjacent and east of Bonnie Brae Road. This tract has approximately 4,434 feet of Highway 77 frontage, extending westward from the Riney Road-Highway 77 ' intersection and is contiguous with the City Limits approximately in the center- line of Riney Road. This is the Texas Instruments property. Mayor Pro Tern Stephens opened the hearing. NO one spoke for or against the petition. The hearing was closed. Charles Watkins of the Planning Department, advised the Council that Texas Instrtments petitioned the City of Denton for annexation and Light Indust- rial (LI) zoning classification on this property. After the annexation and zoning process was apparently c~,~pleted, an error in the property description was discovered which rendered the entire annexation and zoning invalid. More- over, the City Attorney has now pr~lgated a procedure for annexation and pe~m~lnent zoning which deviates sc~ewhat from previous practice. The only issue before the City Council is whether or not to annex this ~14.9 acre tract. A public hearing on the permanent zoning of this property will be scheduled for a later date. The property is bisected by the proposed corridor for Loop 288, and there are two major easements for electrical service on the property. Water and sewer utilities can be extended to the property and there appears to be adequate capacity for most uses. The Planning and Zoning Co~,mission unanimously ::ec(al,,~ends this property for annexation. ~4otion was made by Stewmrt, seconded by Hensley that the Council meet on Friday, February 29, 1980 to institute annexation proceedings. Motion carried. 3. ORDINANCES: The following Ordinance was presented: Ordinance #80-12 [H. S. Osborne) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUCUS AND ADJA~ TO TH~ CITY OF DENTON, TEXAS; B~ING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROX- IMATELY 37.538 ACRES CF LAND LYING AND BEING SI/UATED IN THE COUNTY CF DENTCN,~ STATE OF TEXAS AND BEING EN THE-THE T. J. ~.9%RTIN gJRVEY, ABSTRACT NO. 900, D~N~ON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Vela that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye" and Stephens "aye". Motion carried. February 19, 1980 Continued 4. RBSOLUTIONS: (A) The Council considered the following Resolution allowing for the closing of Fry Street between Hickory and Oak on Sunday, April 15, 1980, between the hours of 9:00 a.m. and 7:00 p.m. for an Art Festival sponsored by the Sigma Alpha Mu Fraternity. Two fraternity men advised the Council that activities for this day will be an art festival, and money will be raised for the American Heart Fund. Council Members commended the fraternity for its coJm,'~nity spirit. The following Resolution was presented: AT A R~GUIAR NflWRTING OF THE CITY COUNCIL OF THE CITY OF DENTCN, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF FEBRUARY, A.D. 1980. RESOLUTION WHEREAS, on Sunday, April 15, 1980, the Sigma Alpha 5{u Fraternity is sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hicko~f; and WHERFAS, the Art Festival is open to the general public of the City and County of Denton; and WHFJlEAS, in order to provide adequate space for the said Festival and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street fr~n the hours of 9:00 a.m. until 7:00 p.m. on April 15, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed a~ a street or public thoroughfare of any kind or character whatever on April 15, 1980 from 9:00 a.m. until 7:00 p.m. for the purpose of holding the Sigma Alpha Mu Art Festival. SECTION II. That the portion of the above described street shall revert back to the City for normal traffic activity immediately from and after 7:00 p.m. on April 15, 1980. SECTION III. That this Resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 19th day of February, A. D. 1980. /s/ RAY STBPHt~NS, MAYOR PRO ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY OF D]~N'TON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY CITY OF Dt~VFON, TtiXAS /si Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll vote Stewart "aye", Hensley "aye", Vela "aye" and Stephens "aye". Motion carried. February 19, 1980 Continued 567 5. The Council considered an application for authorization and approval of a non-profit Industrial Development Corporation. Frank Medanich, First Southwest Company, advised that industrial corporations have been approved by a special act of the State Legislature. Regulations are fairly restrictive. He added that the amount of a loan is limited to $10,000,000 by the Texas Industrial Commission for any One project for a six year span. Medanich also advised that tax ex~npt revenue bonds issued through the City could ca~:~-f an 8.5% interest rate. He also stated that there are presently 25 applications before the commission, but only one has been approved. Motion was made by Hensley, seconded by Stewart to table agenda items S and~ 6, which was to consider a resolution authorizing and approving creation of a non-profit Industrial Development Corporation, for further study. Motion carried 6. Consideration of a resolution authorizing and approving the creation of a non-profit Industrial Development Corporation to act in behalf of the City of Denton was tabled for further consideration by a motion in agenda item 5 above. ~0 7. The Council considered the following Resolution approving the incorp- CO oration of a Housing Finance Corporation (Good Samaritan Village). W STAT TroOPS C0UN D 'NTCN I i~SOLUlqoN ~¥ 1~ CI~ CC~IL OF ~ CII~F OF D~N~roN, 1~, APPRC~ING FO~TION OF D~.~NTON ~Ii~ AI~ N~ING C~ FINANC~ AI~ORII~ WHEREAS, an application in writing seeking the incorporation of a housing finance corporation under the provisions of the "Texas Housing Finance 'Corpor- ation Act" has been filed with the City Council of the City of Denton (the "Cit)~') by at least three individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and residents of the City; Now, There- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That, the City Council of the City has found and determined, and hereby finds and deten~dmes, that it is wise, expedient, necessary, or advisable that the corporation be formed. SECTION 2. That, the City Council of the City hereby approves the form of articles of incorporation proposed to be used in organizing the corporation, a copy of which is attached hereto as "Exhibit A", and hereby' grants authority for the incorporation of the corporation. SECTION 5. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency being that the adoption of this Resolution is necessary for the incorporation of a housing finance corporation under the "Texas Housing Finance Corporations Act"; and that the proceeds from the issuance of such corporation's bonds are needed as soon as possible and without delay for the benefit of necessary and urgently needed residential housing for persons of low and moderate income within the City; that said meeting was open to the public as required by law; and that public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann. Civ. St. Art. 6252-17, as amended. SECTION 4. That all Ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION S. That this Resolution shall take effect J~im~ediately fran and after its adoption, and it is accordingly so resolved. ADOPTED AND APPROVED, this the 19th day of February, 1980. February 19, 1980 Continued /s/ A/TEST: MAYOR, CITY OF DENTON, TEXAS /s/ CITY SECRETARY, CITY OF DENTON, TEXAS Motion was made by Stewart, seconded by Hensley that the Resolution be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye" and Stephens "aye". Motion carried. 8. The Council considered the plans and specifications of the Library Building and authorizing the City Manager to advertise for bids. Assistant City Manager King Cole briefed the Council by saying, "The City Council was given a briefing at their meeting of January 15, 1980 on the fiscal condition of the Library Bond Issue. It was pointed out at .that meeting by the architect that the effects of inflation had raised the estimated cost of the building to $960,460. This amount exceeds the $772,000 authorized by $188,460. At this meeting, we discussed with the Council the possibility of issuing Certi- ficates of Obligation to make up the additional cost necessary to build the building as originally proposed to the voters. The Council tentatively agreed at that meeting to authorize the use of Certificates of Obligation to make up the additional cost necessary." Ms. Pat Warde asked for approval of the plans and specifications. It was pointed out that an anonymous donor bad given stock'worth $16,000 to $17,000. Motion was made by Vela, seconded by Hensley to accept the plans and specifications and to direct the City ~hanager to advertise for bids. Motion carried. 9. The Council considered real property acquisition on the corner of Paisley Street and Audra. Jeff Nbfer, Grant~ Administrator, advised that the C~,~amity Development Block Grant calls for the partial realignment of a portion of Paisley Street on the west side of Audra Street. The intersection is currently offset .approximately 180 feet, creating conflicting traffic patterns in an area leading to the Robert E. Lee Elementary School. Realignment will require the City to acquire property . for purposes of right-of-way~--$100,000 has been allocated for the project. Motion was made by Vela, seconded by Hensley to instruct the Co~m~,anity Development Department to immediately implement acquisition procedures to acquire subject property. Motion carried. !0. The Council considered the final plat of North l_~ke Park Addition. Rick Svehla advised that the Planning and Zoning Comnission unanimously rec~,,nended approval of the final plat of the NorrJl Lake Park Addition at their meeting of February 6, 1980, with the stipulation that Parkside Drive [or Gay Street) should have one coxmon name. The Planning, Engineering and Utility Departments have each reviewed the plat and reco~,,,nended approval with the connection of Parkside Drive and Windsor. Motion was made by Hensley, seconded by Stewart to approve the plat, and that all of the street be named Parkside with a connection of Parkside Drive and Windsor. Motion carried. 11. The Council considered a contract with the Missouri-Pacific Railroad Company to perform partial construction of a grade 'separation structure at the Robertson Street Bridge. Motion was made by Stewart, seconded by Henstey to approve the contract and to authorize the Mayor to sign same. Motion carried. 12. The Council considered approving refunds for overpayment of taxes. The City ~anager reco, m]~ended placing this type of consideration on the consent agenda in the future. Motion was made by Vela, seconded by Hensley to approve' tax refund in the amount of $798.32 to Jimmy Brown. Motion carried. February' 19, 1980 Continued ~!) 13. The Council set the February 26, 1980 Council Agenda. 14. CONSENT AGENDA: Motion was made by Vela, seconded by Stewart to approve the following Consent Agenda. Motion carried. (A) BIDS/PURCHASB ORDERS (1) Purchase Order #42164 approved to IBE Industries in the amount of $21,827.76. (2) Bid #8731, gas heaters at Vehicle Maintenance, awarded to the low bidder, CBS Plum~ing/Mechanical of Denton, Texas. (3) Bid #8737, cement, lime and road material awarded as follows: Items 1-4 to Gohlke Building Products Item S to Texas Industries (TXI) Item 6 to Round Rock Lime Item 7 to Gohlke Building Products Item 8 to Texas Industries (TXI) Items 9, 10A ~ 10B to Gilford Hill Item llA to Texas Industries (TXI) Items lib ~ 12 to Vulcan N~terials Item 13 to Gilford Hill Items 14 ~ 15' to Boyd Excavation Items 20, 21 ~ 22 to Gilford Hill Item 24 to Jagoe Public Item' 25 to Vulcan Materials Item 26 to Gilford Hill Items 19 & 23--No bids received on annual contract. Materials to be rebid as needed. (4) Bid #8738, power cabl~ awarded as follows: Item 1 to Graybar Electric at $11,371.60 Item 2 to WESCO at $11,200 Item 3 to Cua,mins Supply at.'$16,426 {S) Purchase Order #42289 approved to Multi-Information Systems at $4,000. (B) PLATS: (1) Final replat of Lots ZA and SA, Collins Addition approved. (2) Final replat of Lot 1, Block 1, 5~nry Addition approved. 1S. The Council recessed into Executive Session at 8:55 p.m. to discuss legal matters, real estate, personnel and board appointments. 16. The Council reconvened into Public Session at 9:25 p.m. to announce that no official action was to be taken. Meeting adjourned at 9:50 p.m. CITY SBCRETARY City Council February 26, 1980 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, February 26, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: ~{ayor Nash, Mayor Pro Tern Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, City Attorney C. J. Taylor, and City Secretary Brooks Holt. 1. The Council considered a presentation by representatives of "Denton Cares" relative to their request for a City Ordinance prohibiting the storage of nuclear materials within the City limits. Curtis Copeland, spokesman, urged the Council to pass an OrdinsJlce prohibitJ31g storage of nuclear materials within the City limits. He presented statistical data on nuclear accidents with potential dangers to citizens in their homes and from accidents on the highways. "Apparently no one cares enough to stop this. Approximately 412,000 tank trucks travel our highways but there are just a handfull of inspectors, Federal and State, to control contents of tankers," Copeland said~ addin~ that "82 cities had passed ordinances relative to storage of nuclear materials." Vela--"I agree with remarks of B~r. Copeland. Nuclear waste is an increasing not a decreasing problem. If we don't take care of this, no one else will." Dr. Pat Windom of NTSU, monitor of nuclear materials for the University, related the problems and the paper work necessary to control nuclear waste. He stated that there were State and Federal Inspectors in the field of nuclear waste, and that they can and will assist. City Manager Hartung stated that the City is sympathetic to the concern of CAR~ groups. He added that he was going to request that the City Attorney review the nuclear %~aste regulations. "A group called Resources Advisory working through COG is reviewing a number of areas relative to hazardous wastes in the Metropolitan area. It is hoped that funding will 'be available through the EPA," Hartung said. Mayor Pro Tern Stephens said, "I would like to proceed with an advisory co~nittee. The Council' might consider an ordinance which prohibits specific levels of radiation in the various uses of nuclear materials. It is also possible for the Council to implement a pen, itting process for the various uses of nuclear materials within the City limits." Motion was made by Vela, seconded by Hensley to establish a Board to concern itself with radioactive and other hazardous materials. Motion carried. 2. The Cou~lcil considered a Waterline Maintenance Agreement with Denton Mall C~any. ~4otion was made by Stephens, seconded by Stewart to approve a Waterline Maintenance Agreement with Denton Mall Company. Motion carried. 3. The Council considered authorizing the City Council's trip to Washington, D. C. for the~. National~ of Cities annual conference. · the City Coun¢i~~h~]~%o~TD~:'C. for the National League of cities annual conference. Motion caL-~ied. 4. The Council considered rescheduling the City Council Meeting for March 18, 1980. Motion was made'by Stewart, seconded by Stephens to reschedule the meeting of March 18 to March 25. Motion carried. 5. The Council considered discussion on the membership of City Boards. Council Member Vela challenged the purpose of Hensley placing this item on the agenda, and Hensley advised that citizens had requested that he February 25, 1980 Continued ,~71 obtain information relative to NTSU people on City Boards. Differences of opinion were evident. Mayor Nash left the Council Chmnber, and Mayor Pro Tern Stephens took the chair. Motion was made by Vela, seconded by Stewart that the matter be tabled. Motion carried. 6. The Council recessed into Executive Session at 8:05 p.m. to discuss legal matters, real estate, personnel and board appointments. 7. The Council reconvened into public session at 8:5S p.m. to report that no official action was to be taken. NMeting adjourned at 9:01 p.m. .. A¥OR CITY SE~h~TARY City Council February 29, 1980 Special Called Emergency Meeting of the City Council of the City of Denton, Texas, Friday, February 29, 1980 at 12:00 noon in the Confer- ence Room of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Member Hensley; City Manager Chris Hartung, City Attorney C. J. Taylor, City Planner John Lavretta and City Secretary Brooks Holt. ABSENT: Council Members Stewart and Vela. 1. The Council considered instituting annexation proceedings on a 314.9 acre tract owned by Texas Instruments (Z-1408) Mayor Nash introduced an ordinance for the institution of annexation proceedings on a 314.9 acre tract owned by Texas Instruments (Z-1408). bi,ion wa~.~.~aAff by Stephens, seconded by Hensley that proceedings ~-~r i~k~i~on of an ordinance for annexation on a 314 9 afre_tract o~_4~?~.'..~.~~ Instruments be approved, and to instruct the City PlanAe~o~pdblish the ordinance. On roll call vote Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. Meeting adjourned at 12:15 p.m. City Council ~3 March 4, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 4, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Hensley and Stewart; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hensley that the minutes of the Regular Meeting of February 19, 1980 and the Special Called Meeting of February 26, 1980 be approved. Motion carried. 2. PUBLIC HEARINGS: (A) A public hearing was held on Z-1435, the petition of Mr. George Hopkins (representing Henry S. Miller Co.), requesting five zoning changes on a tract approximately 84.2 acres in size out of the J. McGowan Survey, Abstract No. ?97, City and County of Denton, Texas; located south of the intersection of Loop 288 and Interstate 3SE and east of the Southridge subdivision. The petitioner requests the following: (1) A change of zoning from Agricultural (A) to General Retail (GR) classification on approximately 13.6 acres. (2) A change of zoning from Agricultural (A) to Two Family (2-F) classification on an approximately 4.6 acre tract. (3) A change of zoning from Agricultural IA) to Multi Family Restricted (MF-R) classification on approx- imately 7.2 acFes. (4) A change of zoning from Agricultural (A) to Single Family (SF-10) classification on approximately 36.5 acres. (S) A change of zoning from Agricultural (A) to Single Family (SF-16) classification on approximately 22.3 acres. The Mayor opened the public hearing. Four spoke in favor of the petition and ten in opposition. The following remarks were made by citizens: (1) Deny entry from the proposed Ridgeway Street until the entire street is connected through the Presbyterian property to Teasley. (2) Opposed because of traffic problems, (3) A beautiful residential section should be kept as such. (4) This case has been before the Council 4 times. The Mayor closed the hearing. City Planner John Lavretta briefed the Council stating that the Planning and Zoning Commission felt that the development proposal was compatible with the Comprehensive Plan and that the Single Family, Multi Family Restricted and Two Family zoning provide an adequate transition between the proposed retail use and existing development. The Planning and Zoning Commission recommended that the City Council approve zoning petition Z-1435. The vote was 4 to 1. The Planning Commission felt that the alignment of the proposed Ridgeway Drive March 4, 1980 Continued was satisfactory and that it should be developed as proposed. The Henry S. Miller Company volunteered to deed restrict the retail portion of their development to prohibit the consumption of alcoholic beverages. Stewart--"A 100J strip should be agreed to £or Ridgeway Rd. as it would become an artery for traffic from Teasley Lane to 1-35.'~ Stephens--"I always considered 1-35E as the line of demar- cation separating business and housing. Could we approve a portion of the zoning request?" Hopkins answered that this would be unfair to the petitioner. Council Member Vela left the podium and walked to the micro- phone. He requested that the Council take it's usual break, and asked all interested persons to meet with the Council Members in the Civil Defense room to discuss the zoning issue at hand. The Council reconvened. Motion ~was made by Vela, seconded by Nash to approve the zoning request with the stipulation that the proposed Street, Ridgeway, not be opened until work is completed to Teasley; that single family zones be deed restricted plus a letter of intent to those uses; that two rows of duplexes be built on the south portion of the MF-R zone; that proposed Ridgeway Street be 60' in width and that .alcoholic beverages could not be sold in the GR zoning. Motion carried. 3. The Council considered a status report on parking on the square. Assistant City Attorney Burr Solomons stated that he believes new ordinances would end years of non-enforcement of parking tickets. The new ordinance will make it easier to prosecute habitual violators. He added that the City could tow away a car, if the owner does not pay after three or more parking tickets. Two business men on the square, John Shrader and Bill Keith stated that the problem was failure of constant enforcement. 4. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 80-13 AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 24-131 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, TO BE ENTITLED "IMPOUNDMENT OF VEHICLES" AND PROVIDING FOR THE AUTHORITY TO REMOVE VEHICLES, TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AND REDEMPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) ORDINANCE NO. 80-14 AN ORDINANCE AMENDING SECTION 24-131.1 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DISPOSITION OF IMPOUNDED PROPERTY" AND PROVIDING FOR AUTHORITY TO SELL, METHOD OF SALE, TIME AND PLACE OF SALE, RECORDS, LIEN ON MOTOR VEHICLES, CLAIM BY OWNER PERMITTED, AND PURCHASE BY OFFICERS AND EMPLOYEES PRO- HIBITED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. March 4, 1980 Continued ~5 (c) ORDINANCE NO. 80-15 AN ORDINANCE AMENDING SECTION 24-143 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "PARKING IN METER ZONES" AND PROVIDING FOR THE DEPOSIT OF COINS, OVERTIME PARKING, PARKING ADJACENT TO EXPIRED METERS, DEPOSITS TO EXTEND TIME, AND HOURS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (D) ORDINANCE NO. 80~16 AN ORDINANCE AMENDING SECTION 24-149 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DUTY OF POLICE AS TO VEHICLES PARKED OVERTIME IN METER ZONES"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (E) ORDINANCE NO. 80-17 AN ORDINANCE AMENDING SECTION 24-144(b) OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "SUSPENSION OF PARKING METER SPACES; FEES"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING A PENALTY THEREFOR; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (F) ORDINANCE NO. 80-18 AN ORDINANCE REPEALING SECTION 24~150 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "PAYMENT OF FINES ON DATE OF VIOLATIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made oy Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Stewart "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. (G) ORDINANCE NO. 80-19 AN ORDINANCE AMENDING APPENDIX A, CHAPTER THIRTEEN, PART I, ARTICLE 13.07(E) OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "UNIMPROVED STREETS ADJOINING SUBDIVISIONS", BY PROVIDING FOR A DEFINITION OF UNIMPROVED STREETS AND GUIDELINES FOR IMPROVEMENT AND PAYMENT OF SUCH STREETS, PROVIDING FOR THE REPEAL OF ALL ORDIN- ANCES OR PARTS OF ORDINANCES IN CONFLICT' HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Vela that the Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "nay". Motion carried 4 to 1. (H) ORDINANCE NO. 80-20 AN ORDINANCE AMENDING SECTION 1704 OF THE 1976 UNIFORM BUILDING CODE ADOPTED BY SECTION 5-14 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ~4ENDING SECTION 1704 TO PROVIDE THAT ALL ROOF March 4, 1980 Continued COVERINGS SHALL BE FIRE-RETARDANT; PROVIDING FOR EXCEPTIONS OF TREAT- ED WOOD SHINGLES AND SHAKES FACTORY IMPREGNATED WITH CHEMICALS SO AS TO RENDER THEM FIRE RETARDANT FOR USE ON SINGLE FAMILY DWELLINGS OF TYPE V-N CONSTRUCTION ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Nash, seconded by Hensley that the Ordinance be passed, but to delete the single family exemption provision. On roll call vote Stewart abstained, Hensley "aye", Vela "nay", Stephens "aye" and Nash "aye". Motion carried 3 to 1 with Stewart abstaining. S. RESOLUTIONS: (A) The following Resolution authorizing publications of Notice of Intention to issue Certificates of Obligation of the City of Denton for a Library building was presented: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY 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. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY", the form and substance of which are hereby adopted and approved. SECTION 2. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in 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 tentatively set for the passage of.the Ordinance authorizing the issuance of such Certificates of Obligation. Motion was made by Stewart, seconded by Vela that the Resolution he passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. 6. The Council considered discussion on the membership of City Boards. Vela--"I would like to remind you of the reason we have City Boards. We are dedicated to participatory democracy. Boards are created for citizens to serve and help in forming policy. I would like a change in appointing Boards, such as advertising of a vacancy." He added, "I recommend that the Council give thought to implementing the procedure I have described." 7. The Council considered an application for authorization and approval of a non-profit Industrial Development Corporation. E. V. Scott of Scott Instruments Corporation briefed the Council. He said that the future looked bright for his Corporation. He also stated that in 1984 an 18 million dollar growth is expected. Twenty to twenty-five people will be employed. Frank Medanich of The First Southwest Company advised that 3 directors must be appointed and must apply for a Charter. Motion was made by Vela, seconded by Hensley to approve making application for authorization and approval of a non-profit Industrial Development Corporation. Motion carried. March 4, 1980 Continued ~7 8. The Council considered the following Resolution authorizing and approving the creation of a non-profit Industrial Development Corporation to act in behalf of the City of Denton: RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS WHEREAS, an application in writing requesting the authorization and approval of the creation of a nonprofit industrial development corp- oration to act on behalf of the City of Denton, Texas, under the pro- visions of the "Development Corporation Act of 1979" has been filed with the governing body of the City of Denton, Texas, (being its City Council) by at least three natural persons, each of who is at least 18 years of age, and each of whom is a qualified elector of the City of Denton, Texas; and WHEREAS, the City of Denton, Texas, is a duly incorporated Home Rule City, having more than $000 inhabitants operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That, the governing body of the City of Denton, Texas, has found and determined, and hereby finds and determines, that said application is in proper form and that it has been signed by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Denton, Texas. Section 2. That, the governing body of the City of Denton, Texas, has found and determined, and hereby finds and determines, that it is advisable that a nonprofit industrial development corporation be authorized and created, with such nonprofit industrial development corporation to be known as "City of Denton, Industrial Development Authority". Section 3. That, the governing body of the City of Denton, Texas, hereby approves the Articles Of Ihcorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corpor- ation (copies of which were attached to the above-described applicat- ion and copies of which are attached to this Resolution and made a part hereof for all purposes) and hereby grants authority for the incorporation of the nonprofit industrial development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appointed, as the initial directors by the governing body of the City of Denton, Texas. Section 4. That, the public purposes of the City of Denton, Texas, which the nonprofit industrial development corporation may further on behalf of the City of Denton, Texas, are the promotion and devel- opment of commercial, industrial, and manufacturing enterprises to promote and encourage employment and the public welfare. Section S. That, the nonprofit industrial development corporation is hereby authorized to agree with any person, firm, corporation, or other entity to issue bonds, in accordance with and subject to the provisions of the Development Corporation Act of 1979, not to exceed $10,000,000 in principal amount for any one project, unless a greater principal amount specifically is approved by resolution of the govern- ing body of the City of Denton, Texas, for the purpose of the promot- ion and development of any commercial, industrial, or manufacturing enterprise, and all such agreements are hereby approved. Motion was made by Vela, seconded by Hensley that the Resolution be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried. March 4, 1980 Continued 9. The Council considered disposition of approximately 1/2 acre of property owned by the Water Department which is located west of Willow Springs Drive along the TP & L easement. City Planner John Lavretta stated that there would be some maintenance costs associated with retention of this parcel. If the property is disposed of the Utility Department would realize some revenue from the sale and additional tax revenue would accrue to the City if this parcel is returned to private ownership. The Planning and Zoning Commission as well as thb Utility Board recommend the property for disposition. The Planning, Engineering and Utility Departments have reviewed the request and recommended the property for disposition. The development potential of the site is a moot question in that the property has no street access. Motion was made by Stewart, seconded by Vela to dispose of the property. Motion carried. After discussion, motion was made by Stewart, seconded by Nash that the property is not independently developable. Motion carried. 10. The Council considered final payment to Denton Mall Corpor- ation for participation in the 30 inch waterline along Loop 288 near the Golden Triangle Mall. Utilities Director Bob Nelson stated that on November 10, 1978,'the City of Denton entered into a Participation Agreement with the Denton Mall Corporation for the installation of a 30" waterline along Loop 288 near the Golden Triangle Mall. This line is complete and has been accepted by the City. An invoice for final payment has been submitted by Denton Mall Corporation and final payment is in order. The Public Utilities Board at their February 20, 1980, meet- ing recommended final payment in the amount of $47,166.45. Motion was made by Stewart, seconded by Vela to approve final payment to Denton Mall Corporation in the amount of $47,166.45 for participation in the 30" waterline along Lo.op 288 as recommended by the Utilities Board. Motion carried. 11. The Council considered awarding bids on Public Officials and Utility Employee Liabil'ity Insurance. Utilities Director Bob Nelson stated that approximately one year ago, the City purchased Public Officials Liability Insurance from Unimark McDonnald Company, but this company excludes coverage of the officials and employees of the Municipal Utilities Department. The City recently received a quotation from Cravens, Dargan and Company for Liability Insurance Coverage for officials and employees involved with Municipal Utilities. Only one quotation was received for such insurance. The coverage and annual premiums are as follows: Coverage Annual Premiums $1,000,000 $4,551.75 $2,000,000 $6,132.34 $5,000,000 $7,938.29 The Public Utilities Board, at their meeting on February 20, 1980, recommended approval of the bid of Craven, Dargan and Company for the purchase of $1,000,000 of coverage at the quoted price of $4,551.75 annually. Motion was made by Stephens, seconded by Nash to approve the low bid of Craven, Dargan and Company for purchase of $1,000,000 of coverage at quoted price of $4,551.75 annually. Motion carried. March 4, 1980 Continued 12. The Council considered a status report on the TMPA Board Meeting. Council Member Vela reported that TMPA planned to build its own headquarters, a~"~hat we own 27 years of operation with Mayor',Nash~ - owing report: (A) The Board discussed use of electricity for power to run conveyor belt to move lignite to power plant. (B) TMPA will have to move out of present building soon. (C) TMPA might need a second unit by 1990. 13. The Council considered appointments to the Study Committee on Control of Radioactive Materials. Motion was made by Vela, seconded by Nash to direct the City Manager to advise citizens to contact the Manager's Office if they desire to serve on a study committee on control of radioactive materials. Motion carried. 14. CONSENT AGENDA: Motion was made by Vela, seconded by Stephens to approve the following Consent Agenda. Motion carried. (A) BIDS/PURCHASE ORDERS (1) Purchase Order #40886 to EMCO for repair of Packer bodies approved in the amount of $11,900. (2) Purchase Order #42530 to Millard Heath & Company, Inc. to recondition the Worthington 150 ton compressor approved in the amount of $10,467. (3) Bid #8735, meters, current transformers and meter sockets awarded as follows: (a) Electric Meters to WESCO at a total of $147,$06.15 (b) Current Transformers to WESCO at a total of $16,979.80 (c) Meter Sockets to Poleline Electric Supply, Inc. at a total of $81,615.46; Alternate supplier awarded to Priester Supply Company. (4) Bid #8736, capacitors, awarded to the low bidder, Temple, Inc., at a total bid of $7,100, FOB Denton. (5~ Bid #8745, commercial side-loading containers refuse body, awarded to Ebeling Manufacturing Company (EMCO) at a total bid of $55,000, FOB Denton. (6) Bid #8750, reduction of industrial site package, awarded to Hart Graphier of Austin, Texas at of bid of $6,755. (B) REFUND OF OVERPAYMENT OF TAXES Refund for overpayment of taxes approved to Den-Tex, Inc.-- AMI, Inc. in the amount of $7,299.62. 1S. The Council recessed into Executive Session at 11:45 p.m. to discuss legal matters, real estate, personnel and board appointments. 16. The Council reconvened into public session at 12:14 a.m. to announce that no action was to be taken. March 4, 1980 Continued Meeting adjourned at 12:16 a.m. MAY OR City Council 581 March 11, 1980 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, March 11, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor. Pro Tem Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. The Council considered extending the lease agreement with J & M Aviation for a 6 month period as recommended by the Airport Advisory Board. The Airport Manager requested that the contract with J & M Aviation be extended for another 6 months, that they proposed leasing Area "F". He stated that operation would consist of a flight school, aircraft rental service, hangar rentals and fuel sales. Motion was made by Vela, seconded by Stewart to approv'e an extension of the lease agreement with J & M Aviation. Motion carried. 2. The Council considered authorizing the City Manager to submit an application for an amendment to the Airport Overlay Grant to provide for an overlay of the Airport Parking Apron. Administrative Aid Bill Angelo advised that the airport overlay project will come in under budget. The estimated savings will be $118,000 to $145,000. It is possible these savings can be used to overlay the airport parking apron with two inches of asphalt. It is recommended by the Staff to submit an application to FAA for an amendment to the overlay grant. The Airport Board approved. Stewart--"Will 2 inches of stabilized asphalt be enough?" Airport Manager Tommy Jones--"I believe 2 inches can handle any corporate jet." Stewart--"I believe it should go deeper in some parts." Vela--"I am concerned whether this money can pay for increase of the apron area." Tommy Jones--"We are concerned too, but und~er guidelines of FAA we can't put money in new areas. Savings could not build additional ramps." Motion was made by Stewart, seconded by Vela to approve submission of an application for a grant amendment and to accept the Grant amendment from the FAA. Motion carried. 3. The Council considered payment of paving costs for streets abutting City property in North University Place. City Attorney Taylor said, "! met with Jim White who was City Manager at the time of the purchase of the North Lakes Park property and he advises that it was the intent of all parties that adjoining property owners, including the City, would be responsible for the paving of streets abutting their property. The Denton Indepen- dent School District had agreed to pay the paving cost on Bowling Green Street at the time of the construction of a school. It was ~,~?r. White's recollection that the City of Denton paid Down Constr- uction these costs as a part of the overall transaction. We find in the files of the City of Denton the closing statements on the purchase of the property with the following notation on one of the statements." "due Down Development Company by Denton Independent School District Assumed $15,961.00 paid di'rect to H. W. Down Development Company, Inc." March 11, 1980 Continued "I recommend that the City Council authorize the City Manager to pay to Barworth Corporation (formerly H. W. Down Development Company) the cost of paving streets abutting City property in North Univer- sity Place, Section V." Motion was made by Stewart, seconded by Stephens to authorize the City Manager to pay to Barworth Corporation the cost of paving streets abutting City property in North University Place, Section V. Motion carried. 4. The Council considered a contract with J. A. Hinsley, CRA, to perform an independent appraisal on a tract of land located on the northwest corner of Paisley and Audra Streets. City Planner John Lavretta advised that the Hinsley firm was contacted by the Community Development Department because of the firm's professional qualifications, its availability, and its experience with federally funded appraisal requirements. Upon approval of the contract, the appraiser will h'ave no more than sixty (60) days to perform the appraisal. Upon submission, the Community Development Department will review the appraisal and report back to t~e City Council with a recommendation for Establi- shment of Just Compensation. J. A. Hinsley would be paid the lump sum of $800.00 for the appraisal report. If the appraisal is contested by the land owner, the appraiser would be paid $50.00 an hour for legal proceedings, preparation time and $600.00 for an eight (8) hour day of court time. Motion was made by Stephens, seconded by Vela to approve the contract and to authorize the City Manager to sign same. Motion carried. 5. The Council considered awarding bids for testing, balanc- ing and adjusting of the HVAC System in the Municipal Building. Energy Coordinator John Goldman gave the following report:. "Following the suggestion of Mr. Duane Landry, Architect, and at the direction and the request of the City Manager's Office, I prepared a Request for Proposals for Testing, Balancing and Adjust- ing (TBA) of the HVAC System in the Municipal Building. Two proposals were returned. I have examined both and checked references concerning the work performed by the companies respond- ing to the proposal. I am satisfied that the proposal from Delta T will meet our requirements for this project. I have attached, for your consideration and the approval of the City Manager, copies of the bid documents." Motion was made by Stephens, seconded by Vela to approve the proposal of Delta T. Motion carried. 6. The Council considered authorizing the City Manager to execute the City of Denton's Authorization for participation in General Telephone Company rate case No. PUC3094 and authorizing the City Manager to pay into TML-General Telephone Rate Case Trust Fund a deposit of $7,020 to cover attorney's fees and professional services City Attorney Taylor briefed the Council, advising that on February 25, 1980, General Telephone filed its application for a $58 million per annum rate increase. Such application proposes 10 separate rate bands based on exchange size with uniform rates for each exchange within the bank. Proposed one-party residential rates range from $9.21 to $14.32 per month. Proposed one-party business rates range from $21.37 per month to $46.03 per month. In most exchanges these rates represent very substantial increases. On Friday, February 22, representatives of several cities met in Irving to discuss what collective action, if any, should be taken by cities in connection with the above rate request. The unanimous opinion of all concerned was that cities should present a consolidated case before the PUC, with each city paying 53 to 153 per capita, based on the latest population figures. March 11, 1980 Continued 383 Ms. Joan Dean, General Telephone's Division Manager, said, "the request represents an increase from 7% to 11% in the company's rate of return. The last rate increase was in .197S." City Manager Hartung advised that fair evaluation of the equipment, replacement costs and number of areas to be evaluated is what Texas cities want. Motion was made by Stewart, seconded by Vela to authorize the City Manager to execute the City of Denton's Authorization for participation in General Telephone Company rate case No. PUC3094 and to authorize the City Manager to pay into TML~General Telephone Rate Case Trust Fund a deposit of $7,020 to cover attorney's fees and professional services. Motion carried. 7. The Council considered the following Resolution redesig- hating Highway U.S. 77 as requested by the State Department of Highways and Public Transportation. (Rick Svehla advised that the Staff and Traffic Safety Support Committee recommend approval). AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE llTH DAY OF MARCH, A.D. 1980. RESOLUTION WHEREAS, the Texas State Department of Highways and Public Trans- portation has requested that the street signing and designation for U.S. Highway 77 Nor~'~f University Drive be changed; and WHEREAS, the Traf~f~_O~~~ssion has reviewed this proposal and recommends aPprovkl ~f~~uting change; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the routing change as proposed by the Texas State Department of Highways and Public Transportation be, and the same is hereby approved, as follows: Highway 77 as it currently exists shall continue to be routed north on Locust Street from University Drive to Sherman Drive, then turning left on Sherman Drive to Elm Street, and proceeding on Elm Street to the corporate limits of the City of Denton. SECTION II. That this Resolution shall take effect immediately after its passage and approval. PASSED AND APPROVED this the llth day of March, A. D. 1980. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Vela, seconded by Stephens that the Resolution be passed. On roll call vote Hens!ey "aye", Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. March 11, 1980 Continued 8. CONSENT AGENDA: Mayor Nash abstained from voting on the Consent Agenda because of engineering work. Motion was made by Stewart, seconded by Stephens that the Consent Agenda be approved as follows. Motion carried with Nash abstaining. (A) PLATS: . (1) The final plat of the Solar Way Addition was approved. 9. The Council recessed into Executive Session at 8:15 p.m. to discuss legal matters, real estate, personnel and board appoint- ments. 10. The Council reconvened into public session at 8:25 p.m. Motion was made by Stephens, seconded by Stewart that Ralph Slater be appointed to the Civil Service Commission. Motion carried. Meeting adjourned at 8:28 p.m. MAYOR C' /'~T~ ~ March 2S, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, March 25, 1980, at 7:00 p.m. in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, ~ember Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Members Stewart and Hensley. 1. Motion was made by Vela, seconded by Stephens that the minutes of the Special Called Meeting of February 29, 1980, the Regular Meeting of March 4, 1980 and the Special Meeting of March 11, 1980 be approved with the following corrections: on page 574, paragr, a~h three, line 5 of the Mar'ch 4 meeting, remove words "with the Council members" and-in paraZra~h five, line 6. the motion by Vela should read "60' right-of way~' rather than 60' in ~ridth. ~otion ca~-~-ied. 2. PUBLIC HEARINGS: [A) A public hearing was held to consider an ordinance establishing a historic zoning designation and creating a historic landmark co.,,~ission. Mayor Nash opened the hearing. Four residents of West Oak Street voiced aooroval for the adoption of an Ordinance framed after the City of Austin's Ordinan~e--creatinghistorfc classification, establishing historical zoning and selecting randmarkC . ,, ssion members. Two citizens of West Oak Street s~oke in ..opposition, one stating that really residents were not advised of the OrH~nm~ce and that they did not want to be forced to co~q~ly. The Historic Zoning Ordinance is considered in agenda item SA. Council Member Vela advised ~u%t ~anyone who doesn't want to be in Historic Zoning shouldn't have to be lnc±uaea. [B) A public hearing was held on Z-1439, the petition of Mr. Harold Gore, rec[u, eating a change of zoning from single family [SFi7) to General Retail [GR) zoning classification at 915 Avenue D on a lot measuring 106 feet x 151 feet. Mayor Nash opened the hearing. After hearing 1 speak in favor and none in opposition the hearing was closed. City Planner John Lavretta advised that the Comprehensive Plan provides no guidance for this area. The petitioner seeks General Retail [GR) zoning to construct a building to house Pe{~der's Music Company whose mm~n function is retail sheet music. Public facilities are available at the site and there is adequate capacity, in the lines. Motion was made by Vela, seconded by Stephens that the petition be approved. Motion carried. (C) A public hearing was held on Z-1456, the petition of ~. Jack Brown and Mr. Nell ~Iill, general partner, Duncan Properties Ltd., requesting annexation of a 6.53 acre tract. The triangular shaped parcel begins aDDroximately 700 feet southeast of the intersection of Colorado Boulevard and Loop Mayor Nash opened the hearing. 'After hearing 2 speak in favor and none in opposition the hearing was closed. Motion was made by Vela, seconded by Stephens that the petition be approved. Motion caz~-ied. 3. The Council was to have considered an appearance by representatives of the Denton Softball Association recR]esting the City's permission to allow non- resident teams to play in the City 'Softball League, but no one appeared to speak about this matter. ~arch 2S, 1980 Continued 4. The Council considered a presentation by representatives of Alexander Grant and Company relative to the annual financial report. Mr. Bufor~ Rhodes of Alexander Grant and Cu,uFany said, "basically the City of Denton is in sound financial shape. Gross sales in electricity were down and water and sewer were up a bit". He added that across the nation there is tax increase resistance and a decent bond rate would be rare. 5. ORDINANCES: The following Ordinances were ~resented: [A) The Council was to consider adopting an ordinance amending Appendix B of the Comprehensive Zoning Ordinance by creating a new Article 28A entitled "Historic Landmark Preservation". City Planner John Lavretta advised that this item has been under discussion for over a year. Before this item was placed on the Planning Conumission agenda a meeting was held on February 15, 1980 for the purpose of reviewing the proposed ordinance. Two representatives of the Planning Coum,ission and a represent- ative of the Denton County Historical Society, along with affected staff members participated in the review. Some modifications in the original ordinance were made at this meeting, incl,,a~ug a reduction in the number of persons to serve on the Historic Landmark Commission and the number of members constituting a quorum. Mayor Pro Tern Stephens- asked the City Attorney as to Page S (D)I to change the terms of the Landmark Couu,tission Members. Motion was made by Nash, seconded bM Vela to table the ordinance for rewriting, subject to changes pronosed and that no property can be changed if the owner does not want it. On' roll call Vela "aye", Stephens "aye" and Nash "aye" Motion c~=ied. ' [B) Ordinance #80-21 [George Hopkins) AN ORDINANCE ;~.~NDING THE ZONING ~ OF THE CITY OF DENTON, TingeS, AS SA~ WAS ADOPTED AS AN APPERDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCe. NO. 69-1, AND AS SAID MAP APPLIES TO THE BELOW LISTED PROPERTY AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Vela that the Ordinance be passed. On roll call vote Vel~ ~q Stephens "aye" an~ N~B ~%ye". ~.fotion carried.- (C) Ordinance #80-22 AN ORDINANCE CREATING A NE~ SECTION 24-151.2 OF CWh~TER 24, ARTICLE V, OF THE CITY CF D~VrON CODE OF ORDINANCES, AS A~NDED, ~tl'IT~.l~r~ "A SYST~{ FOR POLICE INITIATED TC~VING SERVICES"; PROVIDING DEFINITIONS; PROVIDING FOR A POLICE ROTATION LIST PRMLEGE PERMIT; PROVIDING STANDARDS FOR THE ISSUANCE OF SUCH PFLRMIT; PROVIDING FOR ~ SUSPENSION OR REVOCATION OF SAID PERMIT; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE AND DECLARING AN EFFECTIVE DATE. Motion was made by Nash, seconded by Stephens that the Ordinance be passed. On roll call vote "'Vela "ave", Stephens "aye'~' and Nasb_ "aye". Motion carried. ~) Ordinance #80-23 AN ORDINANCE CF THE CITY OF DENTON, TEXAS, R2MOVING PARKING ON CERTAIN PORTIONS OF PONDER AND LINDEN STR~wrS BETWER~ THE HOURS OF 8:00 A.M. AND 4:00 P.M., ~40NDAY T~ROUGH FRIDAY; PROVIDING FOR AIFUHORITY TO TOW-AWAY AND I~OUND VEHICLES PARKING ON THOSE C~RTAIN PORTIONS OF PONDER AND LINDEN STREETS; PROVIDING A SEV~ILITY CLAUSE; PROlqDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Vela "aye", Steohens "aye" and Nash "aye". .b~otion carried. March 25, 1980 Continued . ~ AN (RDINANCE OF THE CITY OF DENTON, TEXAS R~OVING PARKING ON C~RTAIN PORTIONS OF CR~ STRh-~T BE/Wh-2~ TH~ HOURS 0F 8:00 A.M. AND 4:00 P.M., MONDAY THROUGH FRIDAY; PROVIDING F0R TH~ REMOVAL OF PARKING ANYTIM~ ON A cI-RTAIN PORTION OF CRESC]iNT STem=T; PROVIDING FOR TH~ REMOVAL OF PARKING ANYTIlV~ ON C~RTAIN PORTIONS OF FULTON ~; PROVIDING FOR TH~ ESTABLI~ OF A FIVE MINLr~ STANDING ONLY ZON~ ON A CERTAIN PORTION 'OF FULTON STR~; PROVIDING FOR AI/I'HORITY TO TOW-AWAY AND IMPOUND VEHICLES PARKING ON THOSE CSRTAIN PORTIONS OF CRE~ AND FULTON STREFFS; PROVIDING A ~ILITY CLAUSE; PROVIDING RF~FAL OF CONFLICTING ORDINANCES OR PARTS THIS%EOF; PROVIDING P]Si~LTIBS; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIV~ DAT~. Motion .was ~ade by Stephens, seconded by Vela to 'table the Ordinance. On }olI call vote Vela "aye", Stephens "aye" and Nash "aye". M. ot~-i~carried. (F) Ordinance #80- 24 AN ORDINANCE OF THE CITY OF DENT(~, TEXAS, PROHIBITING A RIGHT TURN fin R~ FOR NORTHBCUND TRAFFIC ON BELL AVENUE AT ITS INTERSECTION WITH SHERMAN DRIVe; PROVZD- ING A SEVen, ABILITY CIAUS~; PROVIDING FOR REPFAL OF CONFLICTING ORDINANCES OR PARTS r REon morniNG P NALTI .S; mOVID NG FOR PUB2CATZfiN DECUmiNG AN Motion was made by Stephens, seconded by Vela that the Ordinance be passed. On roll call vote Vela "aye", Stephens "aye" and Nash "aye". Motion carried. · (G) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RE, lNG R~dtI(ING~ ON ~OTH SIDES OF CHESTNUt BET~ AVENUE E AND AVENUE'D; PROVIDING A SEV~ILITY CLAUSE; PROVID- ING FOR REPFAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Vela that the Ordinance be tabled. On roll call vote Vela "aye"~ Stephens "aye" and Nash "aye~'. Motion carried. (H~ Ordinance ,~80- 25 AN CRDINANCE ~ING C~DINANCE NO. 80-20 PASSED AND APPROVF, D BY THE CITY COUNCIL REGULATING ROOFING MATERIAL AND PROHIBITING WOOD SHINGLES BY AN~NDING SECTION II TO PROVIDE FOR AN EFI~CTIVE DAT~. ' Motion was made by Vela, seconded by Nash that the Ordinance be passed. On roll call vote Vela ".aye", Stephens "aye'" and Nash "aye". Motion ca~-ied. 6. RF~LUTIONS: (A) The following ReSOlution was presented authorizing the Mayor to execute for and on behalf of the City of Denton three electrical ~ower line cross- ing agreements with the Atchison, Topeka and Santa Fe Railway Co~any. RESOLUTION AUTH(RIZING 5'~fR TO EXE, C~ FOR AND ON BEHALF OF THE CITY OF DENTON THREE EI~CTRICAL PUNER LINE CROSSING AG~S WITH THE ATCHISON, TOPF2fA AND SANTA FE RAILWAY C~fl~ANY. BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DENTfN, TEXAS: SECTION I. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas three electrical power line crossing agreements designated as _~5454, X5~SS and X$460, a copy of each being attached' hereto and made a hart hereof for all purposes. PASSED AND APPROVED this 2Sth day of March, 1980. /si BILL NASH', ~AYOR CITY OF DENTOn, TEXAS March 25, 1980 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEC~kL FOR~{ C.J. TAYLOR, JR., CITY ATrORNEY CITY OF DENTON, TEXAS BY: /s/ _ Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Stephens "aye" and Nash "aye". Motion carried. ~- (B} The following Resolution was presented authorizing the Mayor to execute for and on behalf of the City of Denton one electrical ~ower line. crossing agreement with Missouri Pacific Railroad Company: RESOLUTION AUrHCRIZING THE MAYOR TO EXECUT~ FOR AND ON BEHALF ~F THE CITY OF DENTON ON~ ELECTRICAL POWER LINE CROSSING AGREEMENT WITH THE MISSCURI PACIFIC RAILROAD CCMPANY. BE IT P~SOLVtD BY THE CITY CCUNCIL OF THE crrY OF DSNTON, TEIAS: SECTION I. '° The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas one electrical power line crossing agreement designated as a wire line located at Mile Post 212.40, a copy being attached hereto and re=de a part hereof for all purposes. PASSED AND APPROVED this the 25th day of ~rch, A. D. 1980. /s/ BILL NASH, MAYOR A/TEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, CITY SECRETARY CITY ~F DENTON, TEXAS APPROVED AS TO LECAL FO.~ C. J. TAYLOR, JR., CITY ATTORNEY CITY OF D~NTON, TEXAS BY: /S/ Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Vela "ave" Stephens "ave" and Nash "aye". Motion carried. ' ' - ' [C) The following Resolution was ~resented amending a Resolution passed and approved September 18, 1979 designating The First State Bank of Denton as depository of City funds by amending subparagraph 1. RESOLUTION ~REAS, the City of Denton has notified all the banking institutions within the City of its intent to receive bid applications for the custody of City funds for a term beginning on October I, 1979,"and ending on September ~0, 1981; and WF~RFAS, the City of Denton has received bid proposals from banking institutions within the City desiring to be designated as a depository of City funds; and I~qERF2kS, the said bid proposals were opened on the 18th day of September, 1979, and examined by the City Council; and ' March 25, 1980 Continued W[~!REAS, a/ter such epening the City Council found on the basis of the bid proposals that First State Bank of Denton, Texas had submitted the proposal o£fering the most favorable terms and conditions to the City for the handling of such funds; and ~EREAS, the Resolution passed by the City Council on September 18, 1979 designating the First State Bank of Denton as the depository of City funds incorrectly recited the termination date to be September 50, 1980; NO~, THEREFORE, B~, IT RESOLVED BY TH~ CITY CflINCIL OF TH~ CITY OF DENTON TEXAS: SECTION I. The Depository Resolution passed and approved by the City Council on the 18th day of September, 1979 designating The First State Bank of Denton as depository of City funds is hereby amended so that the first subDaragraoh 1 shall hereafter read as follows: - - 1. That The First State Bank of Denton, .Texas is hereby selected and designated as the depository for City funds for a term beginning on October 1, 1979 and ending on September 50, 1981. ~ That this Resolution shall bec~me effective immediately upon its ~assage and hJ approval. - PASSED AND APPROVED this the 2Sth day of March, 1980. /s/ BILL NASH, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ EROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Vela, seconded by Stephens that the Resolution be passed. On roll call vote vela "aye", Stephens "aye" and Nash "aye" ~{otion carried. - · 7. Motion was made by Stephens, seconded by Vela to approve disposition of excess City property at 517 E. P~airie Street. Motion carried. 8. Motion was made by Vela, seconded by Nash to authorize Bqayor Pro Tem Stephens' trip to Washingtor~ D. C. for the CongTessional Hearings on Water Projects. Motion carried. 9. CONSENT AGENDA: Mayor Nash stated that he would not abstain from voting on item 9B-l, consideration of final replat of Ruddell Addition, since the work was done prior to his joining the firm of C. F. Ballard. Motion was made by Stephens, seconded by Nash that the Consent Agenda be approved with 9B-l, consideration of final replat of Ruddell Addition, removed. Motion carried. (A) EmS/PURCHASE ORDERS [1~ Purchase Order #42194 for repair parts at the Power Plant approved to Yarway Corporation in the amount of~ $4,041.30. [2) Purchase Order #42569 for electric sectionalizers approved to Priester Supply C~npany in the amount of $6,482.00 March 25, 1980 Continued (3) Purchase Order ~42060 for pumping unit approved to Naylor Supply Company in the total amount of $3,560.25. (4) Bi~ #8747, street lights, awarded to the lowest bidder, Temple, Inc., for a total of $14,645.50, FOB Denton. (5) Bid #8744, demolition of Old Police Station (Domino Parlor), awarded to the low bidder, Craig Olden, Inc. in the amount of $17,486. 10. Motion was made by Stephens, seconded by Nash that the final reDlat of Ruddell Addition be approved. Motion carried. 11. Motion was made by Vela, seconded by Stephens to approve Change Order #4 to Marriott Brothers for overlay contract in the increased amount of $130,000. Motion carried. 12. The Council recessed into Executive Session at 9:25 p.m. to discuss legal matters, real estate, personnel and board appointments. 13. The Council reconvened into Public Session at 10:10 p.m. The following Resolutions concerning real estate matters were presented: (A) AT A REG/ILAR ~ETING OF THE CITY COUNCIL OF TH~ CITY OF DSNT(I~, TSXAS, HELD IN THE ~JNICIPAL BUILDING OF SAID CITY. R F.'S'O'L UT'I'O N %~qEREAS, the City of Denton finds it. necessary to purchase a certain tract of land located in the City of Denton, Texas, and more ful'iy desCribed belOW; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of'the ~ublic will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Texas Power ~ Light Company, agree that a consideration of $5,191.83 is a fair and agreed value of such described property; NOW, THEREFORE, BF. IT RESOLVF.D BY THE CITY COUNCIL OF THE CITY OF DSNTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever leyal docUments are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of ~exas, and being part of the S. C. Hiram Survey; Abstract No. 616, and also being part of a tract of land aS conveyed frnm J. B. Duncan and Clara MayDuncan to Texas Power and Light Cu~anyby deed dated July 18, 1924, and recorded inVolume 193, Page 336 of the Deed Records of Denton County, Texas and more particularly described as follows: BF.GIMNtNG in the north boundary line of said tract said point of beginning lying in the east right of way line of Duncan Street and also-~being the southwest corner of a tract of land as conveyed byMorty Freedman, et al to Addison Lee Phluger, Trustee by deed dated November 19, 1974, and recorded in Volume 72?, Page 366 of the Deed Records of Denton County, Texas; TH~CE south 85~ 44' 20" east with the north boundary line of said Texas P~wer and Light Company tract, same being the south boundary line of Lot 1,.Block A of the Shady Oaks Industrial Park a distance of 40 feed to a point for a corner; THSNCE south 47° 21' 47" east a distance of 106 feet, more or less, to a point for a corner in the west right of way line of Willow Springs Drive; THENCE southwest with the right of way line of Willow Springs Drive a distance of t0 feet, more or less, to a point for a corner in the south boundary line of said Texas Power and Light Co,~any tract said point also being the northeast corner of a tract of land as conveyed by WilliamA. Hutchins, Trustee to Oak Cliff Savings and Loan Association by deed dated July 2, 1975 and recorded in Vol~ne 750, Page 702 of the Deed Records of Denton County, Texas; March 25, 1980 Continued THSNCE north 87° 40' 47" west with the south boundary line of said Texas Power and Light Co~L~any tract same being the north boundary line of said Oak Cliff Savings and Loan Association tract a distance of 57.25 feet to a point for a corner. TH~.NCE north 47" 21' 47" east a distance of 77 feet, more or less,, to a point for a corner in the east right of way line of Duncan Street; THENCE northerly with the east right of way line of Duncan Street a distance of 28 feet, more or less, to the place of beginning and containing 5,191.85 'square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Texas Power ~ Light Co~;~pany as owner of said described property, consideration izl the amount of $5,191.83 purchase ~rice, plus any other necessary and reasomable costs of closing. ' 3. This Resolution shall take effect ~mediately from and after its passage and approval in accordance with the provisions of the Dento~ City Charter. PASSED AND APPROVED this the 2Sth day of March, 1980. BILL NASH, ~i~YOt · ATTEST: CITY OF DENT~, ~ BROOKS HOLT, dilly SECRETARY CITY OF DHNT~, TSTiS APPROVtS) AS TO !,~GAL FOl%'~: .. C. J. TAYLOR, JR., CITY' ATTORNEY CITY OF DENTON, TtD[~S Motion was made by Stephens, seconded by Nash that the Resolution be passed. On roll call vote Vela "aye", Stephens "aye" and Nash "aye" Motion carried. ' (B) AT A REGULAR M~rING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY. RF. SO LUT I ON ~{EREAS, the City of Denton finds it necessary to. purchase a certain tract of land located in the City, of Denton, Texas, and more fully described below; and WHERFAS, the City Council of the City of Denton is of the opinion t~t the best interest and welfare of the ~c will be served by the purchase of the parcel of real estate des( ~ibed ~HEREAS, the City o{~~ sa~d parcel, Charlcie H. Townson, agree that a consideration of $15, " .580.0U ~ fair and agreed value of such described prope~ tM; NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY'OF DSNTON, TiT~%S, THAT: 1. The City Attorney is hereby authorized to mreoare whatever legal documents are necessary to complete the transfer of prop~rt~ so described below from the owner thereof to the City of Denton: Ail that certain lot, tract or marcel of land lying and being situated in the City and County of Denton, State of ~exas, and being part of the S. C. Hiram Survey, Abstract No. 616, and being part of Tract A of the Expressway Industrial Park [Shady Oaks Industrial Park) an addition to the City knd County of Denton, and also being the Fourth Tract of land as conveyed from First Texas Savings Assoc- iation of Dallas to Charlcie H. Townson by Deed dated .May 12, 1977 and recorded in Volume 834, Page 851 of the Deed Records of Denton County, Texas, and more partic~a!arly described as follows: ,~March 25, 1980 Continued BEGINNING at the southwest corner of said tract, said point of beginning also lying at the intersection of the east right of way line of Duncan Street with the north right of way line of Dallas Drive (U. S. High~ay ?7); THENCE north 1° I2' 18" east along the east right of way line of Duncan Street same being the west boundary line of said tract, a distance of 107.29 feet to the northwest corner of said tract; 'tHeNCE south 87~ 40' 47" east along the north boundary line of said tract a dista~ of 109.9 feet to the northeast corner of said tract said point also lying in the west right of way line of Willow Springs Drive; THENCE south 42~ 38' 15" west along the east boundary line of saiR tract same being the west right of way line of Willow Springs Drive, a distance of 140.0 feet to the southeast corner of said tract said p~int also being the intersection of the west right of way line of Willow Springs Drive with the north right of way ] of Dallas Drive (U.S. Highway 77); THENCE north 89= 2S' S2" west along the south boundary line of saicl tract same being the north right of way line of Dallas Drive (U.S. Highway 77) a distance of 17.24 feet to the place of beginning and containing 6790.48 square feet of land, more or less. 2. The City of Denton is hereby further authorized to pay Charlcie H. Townson as owner of said described property, consideration in the amount of $I5,S80.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect fi~,,~ediately fr~m and after its passage and aFproval in accordance with the provisions of the Denton City Cha=ter. PASSED AND APPROVED this the 2Sth day of March, 1980. /s/ BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BRCOKS HOLT, CITY S~Z~LETARY CITY OF D~TON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY A~rORNEY CITY OF D~qTON, TEXAS BY: /s/ Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Stephens "aye" and Nash "aye". Motion carried. ~eeting adjournedat 10:2Sp.m. P. iAYOR City Council April 1, 1980 Regular }{eeting of the City Council of the City of Denton, Texas, Tuesday, April 1, 1980 at 7:00 p.m. in the Council Chamber of the Municipal Building. PP~SENT: Mayor Nash, Members Vela, Ste~rart and Hensley; City Attorney C. J. Taylor and City Secretary Brooks Holt. _Mayor Pro Tern Stephens and City Manager Chris Hartung were present rJ~e latter part of the meeting after a flight from Washington, D. C. where they attended to City business, and also presented a proclamation to Representative Ray Roberts proclaiming "Ray Roberts Da)~' in Denton. Stephens participated on items 14-17 of the following agenda. 1. PUBLIC HEARINGS: (A) A public hearing was held to consider final action regarding the request of the Planning and Zoning Commission for annexation of approximately 314.9 acres of land belonging to Texas Instruments. The Mayor opened the hearing, but no one spoke, so the hearing was closed. City Planner John Lavretta advised that the petition of the Planning and Zoning Co,~aission for annexation of a 314.9 acre tract belonging to Texas Instruments comes before the City Council for final action at this time. The petition for annexation has corm~leted the public hearing process, and all state requirements regarding annexation have been met. The following Ordinance was presented: ORDINANCE NO. 80-26 (Texas Instruments) 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 APPROXIMATELY 13,719,635.75 SQUARE FEET OF LAN~) LYING AND BEING SITUATED IN THE COUNTY OF Dk~VrON, STATE OF TEXAS AND BEING IN THE J. S. COLLARD S~URVEY, ABSTRACT NO. 297, A. WHITE SURVEY, ABSTRACT NO. 1406, AND THE N. WADE SURVEY, ABSTRACT NO. 1407 DENTON COUNTY, ~EXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING ~N EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye" and Nash "aye". Motion carried. (B) A vublic hearing was held on the petition of the Planning and Zoning Commission requesting light industrial (LI) zoning classification on a tract approxima.tely 314.9 acres in size. The property is located on the north side of Highway 77, adjacent and east of Bonnie Brae Road. This property is mined by Texas Instruments. The Mayor opened the hearing, but no one spoke, so the hearing was closed. The following Ordinance was presented: ORDINAN.CE NO. 80-27 (Texas Instruments) AN ORDINANCE A~-NDING THE ZONING MAP OF THE CITY OF D~NTON, T~, AS SA~ ADOPTF~3 AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID .~l~P APPLIES TO THE BELOW LIST~ PROPERTY AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICUL- ~uRLY DESCRIBED THEREIN; AND DECLARING AN EFFECTI~E DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye" and Nash "aye". Motion carried. April 1, 1980 Continued 2. The Council considered a recommendation from the Parks and Recreation Board relative to the policy concerning .~articipation in City League sports by non-resident teams. - Assistant City Manager King Cole advised that the Parks and Recreation Department had recently revised some fees, charges and policies pertaining to the Athletic Division. They were approved by the Council on December 18, 1979. Parks and Recreation requests that collection of fees from non-Denton teams be handled administratively. Motion was made by Vela, seconded by Nensley to an~rove the request of the Parks and Recreation Department. Motion carried. ~- 3. The Council considered adopting an Ordinance authorizing the issuance of Certificates of Obligation, Serie~ 1980 (Library expansion) The following Ordinance was presented: ORDINANCe. NO. 80-28 ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATIONS Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote ~;ela "aye" Hensle¥ "aye", Stewart "aye" and Nash "aye" Motion carried. ' ' · 4. The Council considered awarding bids for the Library expansion. Architect Landry advised that six bids were received, ranging from $807,846 to $8S4,000. He indicated concern as to whether the low bidder has the competence to build a building such as the library. He recommended spending an additional $21,000. ' The Council discussed whether second low bid was legal. The next lowest bidder is Kugler-Morris. Assistant City Manager King Cole Fequested an opinion from the City Attorney. City Attorney C. J. Taylor advised that the bi~ could be awarded to the lowest and most responsible bidder. King Cole advised that bids are good for 30 days, so the Council could table the matter. Motion was made by Stewart, seconded by Nash to table the matter until the next meeting for more information. Motion carried. 5. ORDINANCES: (A) The following Ordinance was presented for second reading: ORDINANCE NO. 80-12 (H. S. Osborne) AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND .~UJACENT TO THE CITY OF Dk-NTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 37. S38 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE T. J. M;uRTIN SURVEY, ABSTRACT NO. 900, DENTON COUNTY, TEXAS; CLASSIFYING TH~ SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Hensley, seconded by Stewart that the second reading be approved. On roll call -vote Vela "ave", Stewart "aye" Henslev "ave" and Nash "aye". ~otion carried. ' ' · ' (B) The following Ordinance was presented: ORDINANCE NO. 80-29 AN ORDINANCE OF THE CITY OF DENTON, TF~AS REMOVING PARKING ON CERTAIN PORTIONS OF CRESCENT AND FULTON STREETS BEtWEeN TF~ HOURS OF 8:00 A.5{..~ND 4:00 P.M., MONDAY April 1, 1980 Continued 395 T~ROUGH FRIDAY; PROVIDING FOR THE R~OVAL OF PARKING ANYTI~ ON A CERTAIN PORTION OF CRESCENT STREET; PROVIDING FOR TFr~ Rt~JVAL OF PARKING ANYTI%~ ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR THE ESTABLISH~ OF A FIVE MINUTE STAND- ING ONLY ZONE ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR AUTHORITY TO TOW-AWAY AND IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF CRESCSNT AND FULTON STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING REPF~J~ OF CONFLICTING ORDINANCES OR PARTS THI~OF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECIARING AN EFFECTIVE DAT~. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye" and Nash "aye". Motion carried. Council Member Vela did not vote. He was called out for a few minutes. (C) The Council considered adopting an ordinance amending Appendix B of the comprehensive zoning ordinance by creating a new Article 28A entitled "Historic landmark Preservation". Mayor Nash gave citizens an opportunity to speak for or against the ordinance. Seven spoke in favor and five in opposition. Those in opposition were concerned primarily that prooerty could be designated a historical landmark without consent of the property ~wner. Council Member Vela asked that the amendment relative to consent by owner for historical designation be deleted, adding that individual exceptions would be the equivalent of spot zoning. Council Member Stewart advised that he would support the change after assuring himself that each piece of property be individuall~ designated historical by the City Council before the property would be subject to the ordinance. The following Ordinance was presented: ORDINANCE NO. 80-50 AN ORDINANCE AMENDING APPENDIX B OF THE CODE OF OPDINANCES, THE COMPREHENSIVE ZONING ORDLNANCE, OF THE CITY OF DENTON, TEXAS, BY ADDING TO APPENDIX B A ARTICLE 28A ENTITI~ "ARTICLE 28A HISTORIC LANDMARK PRESERVATIOW'; DEFINING TH~ TER~,{ HISTORIC LANIBIa~RK; CREATING A HISTORIC LANDMARK CO~B{ISSION AND PROVIDING FOR ITS PO]~ERS AND RESPCNSIBILITY; PROVIDING FOR THE DESIGNATION OF HISTORIC LANIB~RKS BY TH~ CITY AND ESTABLISHING CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS; REGULATING THE REPAIR, RI~OVAL AND D~OLITION OR RtB~VAL OF HISTORICAL LANDMARKS; DEFINING THE PO~RS AND AUTHORITY OF TH~ PLANNING AND ZONING COMMISSION OVER HISTORIC IANIB4ARKS AND OF THE CITY COUNCIL; PROVIDING THAT HISTORIC lANDMARK DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY. Motion was made by Vela, seconded by Stewart that the Ordinance be passed. On roll call vote Hensley "nay", Stewart "ave" Vela "aye" and Nash "aye". Motion carried 3 to 1. · ' 6. The Council considered financing for the widening of Loop 288 from the ~.~{T _Railroad Tracks to 1-35E. Chairman George Krieger of the Utilities Board stated that the Board had approved by a vote of 3 to 2 to transfer $500,000 from the Electric System Fund to the Street Improvement Fund, but there was concern with the appearance that rate payers were financing streets and that there would be future dipping into Utilities funds. " Rick Svehla stated that the City has received the escrow agreement from the Highway Department. The money needed to be put up for widening of 288 will be approximately $409,000. In order to meet State requirements, all present Council members will be required to sign the escrow agreement. The Highway Department also requires the Council to pass a resolution authorizin~ all members of the Council to sign the escrow agreement. At the September meeting, the Council decided to take the staffs reco~m~endation to assess the frontage on each side of Loop 288 at $t0.00 per front foot. The Staff still recommends this proDosai and if the Council concurs, we suggest that the Council follow the follo~in~ procedure: (A) Pass the resolution authorizing the signing of the escrow agreement and have all members sign. ~Q 6 April 1, 1980 Continued (B) Instruct the Staff to hold escrow agreement until a check and an agreement from Melvin Simon is received for any exmense over $300,000. (C) Once the escrow agreement and related contract and checks have been completed, Council adopt an assessment ordinance assessing both sides of Loop 288 at ~10.00 per front foot. Finance Director Bill McNary advised that because of the urgency of widening Loop 288 and the current uncertainties of the municipal bond market, the most appropriate method of funding this project is through internal financing. Included on the agenda is a resolution Which provides for loan of funds from the Electric System Fund to the Street Improvement Fund in the amount of $300,000. These funds represent excess cash generated from the ref~mding of Electric System Bonds in 1978. There is no programmed requirement for these funds within the next $ years. This resolution Drovides for repayment of the cash advance through general revenues and at an interest rate of 10%. Repayment of this loan is feasible because of the increase in sales tax revenue generated by the Mall. The loan of these funds is not an expense to the Electric System itself, but it will represent an expense to the General Fund over a 5 year period. (A) The following Resolution authorizing the signatures and the signing of the escrow agreement with the State was presented: RESOLUTION WHEREAS, the City of Denton desires to widen Loo~ 288 from the MKT Railroad Over~ass to U.S. Interstate 35E; and WHEREAS, the State of Texas, acting through its State Highway and Public Transportat- ion Co, u,ission, has agreed to participate with the City of Denton on this project; and WHEREAS, the State of Texas requires that all Councilpersons of the City of Denton execute an escrow agreement with the State for its participation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TLXAS, THAT: SECTION I. It is the intent of the City Council of the City of Denton, Texas to participate with the State of Texas in widening Loop 288 from the ~ Railroad Over~. ass to U. S. Interstate 35E, and all Councilpersons are hereby authorized to execute originals of the attached Escrow Agreement required by the State of Texas to achieve this purpose. SECTION II. That this Resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the 1st day of April, 1980. /s/ BILL NASH, .MAYOR CITY OF DENTON, T~YAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM_: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DSNTON, TEXAS BY: /s/ Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye" and Nash "aye". Motion carried. April 1, 1980 Continued (B) The following Resolution authorizing the financing for the widening of Loop 288 was presented: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The oroject by the City of Denton to widen Loop 288 from the ~<T Railroad Overoass to U. S. Interstate 3SE is hereby approved for the Street Improvement Fund. SECTION II. The City Manager is authorized to transfer the sum of $S00,000 from the Electric System Fund to the Street Imorovement Fund as a cash advance to be re~aid from General Revenues over a five' (S) year period at an interest rate of t~n percent (10%). PASSED AND APPROVED this the 1st day of April, 1980. /si BILL NASH, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stewart, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Vela "ave", Stewart "aye" and Nash "aye" Motion carried. ' ' 7. The Council considered a contract with the Denton Girls Softball Assoc- iation for umpire services for ail Girls' Youth League softball games. Motion was made by Hensley, seconded by Vela to approve a contract for services with the Denton Softball Association. Motion carried. 8. The Council considered the final plat of Skyline Addition. Mayor Nash relinquished the chair to Council Member Stewart since he was involved in the project. It was pointed out by Kendolph residents that 85 signatures and numerous letters indicated opposition to the plat. Motion was .made by Hensley, seconded by Vela to deny the petition as recon~nended by the Planning and Zoning Commission. Motion carried. 9. The Council considered final payment to LWFW Consultants for Aubrey Reservoir Financial Feasibility Study. Utilities Director Bob Nelson advised that in early September, 1979, the cities of Denton and Dallas retained the services of L[~,V, Inc., Consultants to perform a financial feasibility study of Aubrey Reservoir. The study has been completed to the satisfaction of both cities and LWFW, Inc., has submitted a request for final payment. The Utilities Board, at their meeting of March 26, 1980, recommended that final payment to LWFW, Inc., be approved in the amount of $11,422.44 of which Denton's share will be $2,969.85. Motion was made by Nash, seconded by Hensley to approve final payment to LWF3V, Inc., in the amount of $2,969.83. Motion carried. April 1, 1980 Continued 10. The Council considered final paFnent to Claude Smith Construction Company for overwidth paving on Kings Row. Rick Svehla advised that Claude Smith Paving and Excavating has completed its construction of Kings Row adjacent to Kingston Trace, Sections I, II, and III. The City of Denton's cost is based on the cost of all improvements in front of the electrical substation and the cost for extra width and extra depth of asphalt on the remainder of Kings Row, and that $19,156.19 is available from the Street Depart- ment to cover this expense. Motion was made by Nash, seconded by Hensley to approve pa.vment of $19,156. to Claude Smith Paving and Excavating. Motion carried. 11. The Council considered participation in 16" oversize water lines along 1-35W. Motion was m~de~ b~"N~s~, seconded by Vela to participate in 16" oversize water lines along 1-35W. Motion carried. 12. The Council set the April 8, 1980 study session. 13. CONSENT AGENDA Motion was made by Stewart, seconded by Vela to approve the following Consent Agenda with Bid #8748, Pickups and Vans, removed. Motion carried. (A) BIDS/PURCHASE ORDERS (1) Purchase Order #42187, emergency repairs to rig #9956, approved to Dart Equipment Company in the amount of ~4,629.16. (B) PLATS (1) Final replat of Owsley Park Addition aoproved. (2) Final replat of Schmitz and Ripy Addition approved. 14. The Council considered awarding of Bid #8748, Pickups and Vans. Assistant Purchasing Agent Tom Shaw outlined the method of bidding. Motion was made by Vela, seconded by Stephens to award the bid as follows: Item 1 to the low bidder, Denton Datsun at $10,860 Items 2,4,5,6 & 7 to the low bidder, Banner Chevrolet at a total of $85,792.05 Item 3 to the lowest evaluated bidder, Banner Chevrolet at $6,903.72 Motion carried 3 to 2. 1S. Mayor Pro Tem Stephens gave a brief report on the Washington trip. He stated that he was impressed with the Trinity Improvement Association, and with the attitude that seems to prevail it will be a good year for Aubrey Reservoir. Stephens added that Ray Roberts stated that Aubrey would get through Conference Committee at about 7 million dollars. "It was a profitable trip for Denton. We presented a proclamation to Ray Roberts proclaiming 'Ray Roberts Day in Denton'. A key to the City was also presented," Stenhens said. 16. The Council recessed into Executive Session at 9:30 p.m. to discuss legal matters, real estate, personnel and board appointments. 17. The Council reconvened into Public Session at 10:05 p.m. Motion was made by Vela, seconded by Stewart to appoint the following citizens to the Study Committee on Radioactive Materials: Leland Peyton ...... Emergency Mgt. Specialist, FEMA Alex Finlay, M.D...Radiologist Dr. Sidney Roth .... Podiatrist, Ex-Radiation Control Officer N.Y. April 1, 1980 Continued Dennis McNutt ...... Radiation Safety Officer, NuMed, Inc. David Arno ......... Retired Lt/Col bSAF, Nuclear Weapons Farhetaziz ......... Professor-TWU-Radiation Chemistry Howard E. Erdman...Professor-TWU-Biology/Radiation Biologist John Bradley ....... Professor-NTSU-Political Science-Govt. Regulations Joseph Gentile ..... Instructor ~4ountain View Jr. College-Economics Motion carried. -- Meeting adjourned at 10:10 p.m. MAYOR c rY SE 100 ' City Council April 8, 1980 Special Called ~{eeting of the City Council of the City of Denton, Texas, Tuesday, April 8, 1980 in the Council Chamber of the Municipal' Building. PRESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Vela, Stewart and Hensley; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. The Council considered adopting an ordinance canvassing the returns and declaring the results of the April S, 1980 City Council Election. City Attorney C. J. Taylor advised that newly elected persons cannot be sworn in un~l the J~epartment advises that there is no objection. There is the possil~_lity ~i~a~lll~ i~e do not meet requirements. Th~"~3B~f'--Ow~g~r~'~rm~ce was presented: ORDINANCE NO. 80-31 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGIJLAR MUNICIPAL ELECTION HELD IN THE CITY OF D~NTON ON APRIL 5, 1980; ORDERING A SPECIAL RUN-OFF ELECTION TO BE HELD ON APRIL 29, 1980; PROVIDING FOR ELECTION OFFICIALS, VOTING PLACES AND ELECTION SIrPPLIES AND EQUIPMFArF. Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stewart "aye", Hensley "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 2. L.G. Melton, local citizen, spoke on various conmtunity issues such as policemen's and firemen's salaries, the ~abies season is near, dogs should not run loose in the City and parking on Malone and Crescent. 3. The Council considered a presentation by Ben Ivey relative to a rate increase for Denton Cab Company. Ben Ivey of Denton Cab Company advised that Denton Cab Company is currently operating under an antiquated rate structure s_nd rate computation method. Existing rates have been in effect since April, 1974. Rate comoutation is based on the City of Denton, circa 1972. During the six years since this rate was set increases in all phases of this operation have multiplied in cost many times. The following cost based fo~-tula instituting the installation of taximeters mechanically set at the following rate: (A) $1.20 drop including the first 1/10th mile (B) $ .10 each additional 1/10th mile (C) $ .S0 each additional passenger (same origin-same destination) (D) $ .50 surcharge 8:00 o.m. to 6:00 a.m. (E) $ . 20 each 1½ minutes waiting time and traffic delay The purpose of the proposed rate is to not only place this operation on a sound economic basis, but in so doing, to give our citizens the best possible service at affordable prices. Council Member Stewart asked about vehicles. Ivey stated that he is acquiring four 1978 model checker cabs and one 1974 model,~ all with high mileage. Motion was made by Vela, seconded by Hensley to instruct the City Attorney to prepare an appropriate ordinance for a rate increase for the Denton Cab Comoany. Motion carried. 4. The following Ordinance creating a Joint City/County Airport Height Zoning Board and appointing two City representatives was presented: ORDINANCE NO. 80-32 AN ORDINANCE OF THE CITY OF DF~NTON CREATING A JOINT AIRPORT ZONING BOTLRD TO BE KNOWN AS THE "DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD" AND INVESTING SUCH JOINT BOARD WITH THE POWERS SUCH BOARDS ARF A[rFHORIZFD TO EXERCISE UNDER THE PROVISIONS OF CHAPTER 391 OF THE ACTS OF THE REGULAR SESSION OF THE. 50TH LEGIS- LATURE, 1947. April 8, 1980 Continued 401 Motion was made by Stephens, seconded by Vela that the ordinance be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. $. The Council considered accepting a grant from the Department of Energy for a Resource Recovery Project. ~ity Manager Chris Hartung reminded the Council that the grant is to finance a study on the feasibility of using solid waste as a fuel at Acme Brick. Council Member Stewart said, "I was the first one to bring this matter before the Council". Motion was made by Stewart, seconded by Stephens to approve a grant from the Department of energy for a Resource Recovery Project. Motion carried. 6. The Council considered a change order to the contract with Jagoe Construction Company for the Windsor Drive Improvement Project. Rick Svehla advised that during construction of this project, it was CO observed that there is a drainage problem on the existing portion of Windsor Drive ~0 irmnediately east of the inlets which have been constructed at the intersection of ~ Stuart Road and Windsor Drive. After a rain, the south gutter will pond water from a point appro~%imately 6.Q~f~t of the intersection to a point approximately [~ 160' east of the i~rsec~Q~.~i~w~k will increase the amount of the contract Motion was made by Vela, seconded by Stewart to approve change order in the increased amount of approximately $3,000. Motion carried. 7. The Council considered awarding Bid #8749 for water and sewer line improvements. Utilities Director Bob Nelson advised that the low bids Der section totaled $144,105.40 which is $22,130.40 higher than the Dickerson bid. The Dickerson bids were excluded from the low bid by section determination as per the Dickerson condition to accept all the projects. With the addition of $21,600 for rock excavation, Dickerson's bid will total $143,575, which is $530.40 below the total bid by section. The Utilities Board recommends that a contract for all proposed work be awarded to the Dickerson Construction Company, of Celina, Texas, in the amount of $143,575. Motion was made by Stephens, seconded by Vela to award bid #8749 to Dickerson Construction Company in the amount of $143,575. Motion carried. 8. CONSENT AGENDA: Mayor Nash requested that the final replat of Phillips Addition be removed from the Consent Agenda. Motion was made by Stephens, seconded by Vela that the following Consent Agenda be approved with the final replat of the Phillips Addition removed. Motion carried. (A) PLATS: [1) Final replat of Oak Meadows Addition approved. 9. Motion was made by Stewart, seconded by Hensley that the final re~lat of the Phillips addition be approved. Motion carried. 10. The Council recessed into Executive Session to discuss legal matters, real estate, personnel and board appointments at 7:55 p.m. 11. The Council reconvened into public session to consider board appointments at 8:25 p.m. April 8. 1980 Continued Motion was made by Vela. seconded by Hensley that the following appoint- ments be made: Historical Landmark Co~.,i~ission ...... Contact Person-John Lavretta Bullitt Lowr3z Tom Miller Randy Boyd Dorothy Bertine Bob Powers Sam Marino Dorothy Williams Robert Pearce Data Processing Advisory Board ...... Contact Person King Cole Ray Pittman appointed to replace James Earp Motion carried. Meeting adjourned at 8:30 p.m. .MAYOR CI;FY 8ECRETARY ~ City Council 402 April 15, 1980 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, April 15, 1980 at 7:00 p.m~ in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Member Hensley~ City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. Council Member Vela Joined the Council later in the meeting. ABSENT: Council Member Stewart. 1. Motion was made by Stephens, seconded by Hensley that the minutes of the Regular Meeting of March 25, 1980, the Regular Meeting of April l, 1980 and the Special Called Meeting of April 8, 1980 be approved. Motion carried. 2. PUBLIC NEARING: (A) A public hearing was held on Z-1443, the petition of Mr. Charles P. Mulkey, requesting a change of zoning from Single Family (SF-7) to General Retail (GR) zoning classification on a tract approximately .5 acres in size. The property begins at the southeast corner of the intersection of Cleveland Street and Eagle Drive and extends eastward along the south side of Eagle Drive for a distance of approximately 230 feet. Mayor Nash opened the bearing. Two spoke in favor of the petition but none in opposition. ~'. Charles Mulkey advised ~ he planned to build a first class car wash with 10 bays. Mayor Nash closed the hearing. City Planner John Lavretta advised that public facilities are avail- able at the site and that the Planning and Zoning Commission considers the fact that the proposed retail zone would adjoin some of the houses on Cleveland Street. The Commission feels that a retail use would have limited impact on the neighbor- hood. Motion was made by Hensley, seconded by Stephens that the petition be approved. Motion carried. 3. The Council considered awarding bids on the Library expansion. Dwayne Landry, Architect for the Library expansion, advised that he had visited several buildings of different types that were built by the lowest bidders. He advised that a builder must build according to the building specs because the architect does not supervise on a continuous basis. Motion was made by Nash, seconded by Hensley to award the bid to the lowest bidder, Contract Builders, at a low bid of $807,846. Motion carried. Mr. Landry advised that the construction cost plus other project costs are well within funds available. 4. ORDINANCES: (A) The Council considered instituting annexation proceedings concerning the petition of Mr. Jack Brown and Mr. Nell Hill, general partner, Duncan Properties Ltd., on a 6.53 acre tract which begins approximately 700 feet southeast of the intersection of Colorado Boulevard and Loop 288. The following annexation ordinance was introduced before the Council: 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 APPR~- ~ATELY 6.53 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEY_&S AND BEING IN THE D. L~_MBERT SURVEY, ABSTRACT NO. 784 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "~' DISTRICT PROPERTY; AND DECLARING ~{ EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley to institute annex- ation proceedings. On roll call vote Hensley "aye", Stephens "aye" and Nash aye . Motion carried. April 15, 1980 Continued (B) The following Ordinance was presented: ORD/NANCE #80-33 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON THE SOUTH SIDE OF CHESTNUT BETWEEN AVENUE E AND AVENUE D; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING P~ PUBLICATION ~ND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On roll call vote Hensley "aye", S~ephens "aye" and Nash "aye". Motion carried. 5. The Council was to consider discussion regarding location of electric meters. Motion was made by Hensley, seconded by Stephens that the matter be removed. Motion carried. 6. The Council was to consider final payment on the McCormick Street Drainage Project. Motion was made by Stephens, seconded by Hensley that the matter be tabled. Motion carried. 7. The ~uneil considered extending the contract with Jagoe Construction Company for the Bonnie Brae Improvement Project. Rick Svehla briefed the Council, advising that Jagoe Construction Company has experienced delays because of utility relocation problems from the gas and telephone companies. He stated that the Staff has reviewed these delays and feels that the 48 day extension is reasonable. Motion was made by Stephens, seconded by Hensley to approve a h8 day extension on the contract with Jagoe Construction Company for the Bonnie Brae Improvement Project. Motion carried. 8. The Council considered adopting a Crisis Relocation Plan for Civil Defense purposes. John Maxwell, City/County Civil Defense Director, briefed the Council relative to the matter. Maxwell advised that such a plan would go into effect only after a three day warning is allowed. With that warning period Denton County would take 90,000 Dallas residents. He added that specific plans include initial registration at the new mall and NTSU football field. He stated that an evaluation of buildings with fall out capabilities indicate that there are enough buildings to take care of the entire Denton County population, but additional measures would be necessary for population from Dallas County. Motion was made by Nash, seconded by Stephens to approve the emergency plans. Motion carried. 9. The Council was to consider a contract with the Denton Boy's Baseball, Inc. for umpire services for all Boy's Youth League baseball games. The City Manager stated that this item should be deleted. The Council concurred. 10. The Council set the April 22, 1980 Study Session Agenda. 4O5 April 15, 1980 Continued 11. The Council recessed into Executive Session to discuss legal matters, real estate, personnel and board appointments. 12. The Council reconvened into Public Session to take the following action: (A) PUBLIC HEARINGS: (1) A public hearing was held on Z-144l, the petition of Miss Karen Nash, requesting an amendment to a planned development (PD) for detached single family housing on 45 foot x 100 foot lots, to permit multi family restricted (MF-R) development on a tract approximately 7 acres in size. The property is located on the north side of the proposed Windsor extension, and approximately 125 feet west of Stuart Road. Mayor Pro Tem Stephens took the chair since Mayor Nash is involved with engineering work on the petition. The hearing was opened, but no one spoke, so the hearing was closed. Motion was made by Vela, seconded by Hensley to refer the petition back to the Planning and Zoning Commission. Motion carried with Nash abstaining. (2) A public hearing was held on Z-1445, the petition of Mr. Robert Nickerson, requesting an amendment to a planned development (PD). The planned development begins at the southeast corner of the intersection of State School Road and Interstate 35E. The original planned development permitted commercial, shopping and two-story garden apartment uses. The amendment proposes office, multi family, restaurant, theater, retail shopping, hotel and recreational uses on approximately 90 acres. Mayor Pro Tem Stephens took the chair since Mayor Nash is involved with engineering work on the petition. The hearing was opened, but no one spoke, so the hearing was closed. City Planner John Lavretta advised that the over all'development of this planned development includes roughly 350 acres, half inside Denton and half inside Corinth. The Planning and Zoning Commission feels that the major advantage of the proposed amendment is the widening of the State School Road, which was not a provision of the original planned development. Part of the large planned development was originally zoned in 1972. The Planning and Zoning Conm~ission recommends approval. Vela asked about school provisions for such a large population. Lavretta advised that there were no provisions at present. Vela asked where the children would go to school. Lavretta advised that they would probably go to the proposed school on Teasley Lane. Vela asked about fire protection. Lavretta advised that the stations on East McKinney Street and McCormick Street will take care of this. Motion was made by Hensley, seconded by Stephens to approve the petition. Motion carried with Nash abstaining. (B) CONSENT AGk-~DA: Motion was made by Stephens, seconded by Hensley that the following consent agenda be approved with the final plat of the Daugherty Addition removed. Motion carried. ( 1 ) PLATS: Final replat of the Paul Hamilton Addition approved with Nash abstaining. 406 April 15, 1980 Continued 13. The Council considered final plat of the Daugherty Addition. City Planner John Lavretta advised that the developer seeks to plat two lots which do not front on a public street. The Planning and Zoning Comm- ission recon~ends approv~ of the final plat with the deletion of the require- ment for extension of a water line. Vela asked Lavretta for his opinion of this matter. Lavretta stated that the water line should be extended for safety purposes and not with grant money at a later date. Motion was made by Hensley, seconded by Vela to approve the final plat of the Daugherty Addition with the recommendation of the Planning and Zoning Commission to delete the 6" water line. Motion carried. Meeting adjourned at 9:30 p.m. MAYOR City Council Spec±al Called Meeting of ~he City Cou~c±l of the City of Denton, ~exas, ~nesday, April 22, 19~0 at 7:00 p.m. in the Council Chamber of the Municipal Building. P~ESENT: Mayor Nash, Mayor Pro Tern Stephens, Members Stewart and Vela; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. ABSENT: Council Member Hensley. 1. The Council considered proposals on the employee life insurance program. The City Manager advised that Life Insurance Company of North America has proposed a rate of $.25 for life insurance and $.06 for AD&D (total $.31 @l,000). That is a significant drop from Life of the Southwest's rate of $.38 ~l,000 for life insurance and $.054 for AD &D (total of $.434 @l,000) and would result in 'a gross savings of approximately $15,000.00. However, with Life of the Southwest's $2,000.00 increase in stop-loss insurance for next year, the net savings for FY 1980-81 would be approximately $13,000.00. Motion was made by Stephens, seconded by Vela to approve the bid of Life Insurance Company of North America and authorize the City Manager to sign. Motion carried. 2. The Council considered discussion on Housing Finance Corporation Mortgage Demand Study. The City Manager called attention, to a letter from the County Comm- ission, advising that the Court has organized a Denton County Housing Finance Corporation for funding mortgages pursuant to provisions of H.B. 1876. Hartung advised that if the deadline of April 24, 1979 is in effect, neither County nor City could issue bonds. He added that it was not clear at all whether the City can issue Municipal mortgage bonds; a mortgage study must be made. Council Member Stewart said, "I favor going ahead with our program". Motion was made by Stewart, seconded by Vela that the City Manager respond to the County in such a fashion that we intend to issue our own bonds. Motion carried. 3. ORDINANCES: (A) The following Ordinance was presented: Ordinance #80-34 AN ORDINANCE ~4ENDING CHAPTER 26, ARTICLE IV, SECTION 26-55 OF THE DENTON CODE OF ORDINANCES, AS AMENDED, PROVIDING F~R THE INSTALLATION OF TAXIMETERS; PROVIDING FOR THE INSTALLATION OF TAXIMETERS; PROVIDING FOR RATES TO BE CHARGED BY TAXICABS; PROVIDING FOR SEVERABILITY; AND, DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Stephens that the Ordinance be passed. On roll call vote Vela-~aye", Stephens "aye'~, Stewart "aye" and Nash "aye". Motion carried. (B) The Council considered adopting an ordinance amending Section 1704 of the 1976 Uniform Building Code adopted by Section 5-14 of the Code of Ordinances of the City of Denton by amending Section 1704 to provide that all roof coverings shall be fire-retardant and prohibiting wood shingles and shakes. Rick Svehla advised that there were several questions raised on the wording of the prior ordinance that was passed in order to eliminate any doubt as to the Council's intentions. We would recommeud this amendment which speci- fically eliminates all wood shingle construction. Vela stated that he would vote against the ordinance if it does not exempt individual homes. Motion was made by Nash, seconded by Stephens to table the matter. Motion carried with Stewart abstaining. ' April 22, 1980 Continued 4. 'RESOLUTIONS The following Resolution providing for a temporary street closing on Fry Street between Hickory and Oak between the hours of 9:00 a.m. and 7:00 p.m. for Sunday, April 27, 1980 as requested by Sigma Alpha Mu Fraternity was presented: RESOLUTION WHEREAS, on Sunday, April 27, 1980, the Sigma Alpha Mu Fraternity is sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hickory; and WHEREAS, the Art Festival is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Festival and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 9:00 a.m. until 7:00 p.m. on April 27, 1980. NOW, THEEEFOI~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'DENTON, TEXAS, THAT: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on April 27, 1980 from 9:00 a.m. until 7:00 p.m. for the purpose of holding the Sigma Alpha Mu Art Festival. SECTION II. That the portion of the above described street shall revert back to the City for normal traffic activity ~mmediately from and after 7:00 p.m. on April 27, 1980. SECTION Iit. That this Resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED THIS the 22nd day of April, A.D. 1980. BILL NASH, MJ~YOR ATTEST: CITY OF DENTON, TEIL~S BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR-, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Stewart "aye", Vela "aye", Stephens "aye" and Nash "aye". Motion carried. 5. The Council considered final payment to Denton Construction Company for the McCormick Street Drainage Project. Rick Svehla stated that Denton Construction has sent a letter dated April 9 indicating that they should not pay s_ny penalty. In fact they feel they should be reimbursed for more money. The Staff recommends that the total retain- age of $11,948.99 be retained by the City since the penalty days on the contract amount to more than that. Mr. Thomason has never submitted a maintenance bond, although requested by the City. April 22, 198~ Continued 40~ Denton Attorney, George Preston, representing Mr. Thomason, recommended that the Council honor the contract, bad weather and other conditions preventing them from completing the project sooner. Preston said the penalty clause was vague and not enforceable in court. He said "You should consider as a Council the less than salutory fall out consequences in treating a local contractor in such a fashion. It could hurt the City much more than the $20,000 Mr. Thomason is asking." City Manager Hartung said, "A contractor has the responsibility to notify the owner of need for extra work or ~for delays." Svehla stated that the staff recommends that the City retain $11,948.99 and adopt the July, 1979 payment as the final pa~ent. Motion was made by Nash that total payment to Denton Construction Company be made without penalty. Motion died for lack of a second. Motion was then made by Vela, seconded by Stewart to approve recomm- endation of the staff to retain $11,948.99. Motion carried 3 to 1. 6. The Council considered authorizing the Council's attendance at the American Public Power Association's Annual Meeting in Washington. After a short discussion, motion was made by Stewart, seconded by Stephens to not authorize the Council's attendance at the American Public Power Association's annual meeting in Washington, but to authorize attendance for TMPA Board Members. Motion carried. 7. Mayor Nash said he enjoyed serving on the Council. He wished all members of the Council well. He was given a standing ovation as he shook hands with Council members and the staff. He said he hoped the Sister Cities Program will continue. 8. The City Secretary administered the oath of office to Mayor Richard O. Stewart and Council Member R. H. Taliaferro. They took their seats on the Council. Both men were honored by the presence of their respective families, including grandchildren, large and small. The following Resolution was presented: THE STA~E OF TEXAS ~ COUNTY OF DENTON I RESOLUTION IN APPRECIATION OF CITY OF DENTON I BILL NASH ~E~EREAS, Bill Nash has served the citizens of the City of Denton as a member of the City Council for four years; and WHER~S, Bill Nash has served as Mayor of the City of Denton for the past year; and WHEREAS, Bill Nash has contributed his time and effort as Mayor and as Member of the City Council as a public service to the citizens of the City of Denton; now, therefore, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor and City Council of the City of Denton acting on behalf of the citizens of the City of Denton wishes to express to Bill Nash the appreciation of the citizens of the City of Denton for his service as Mayor and as a Member of the City Council. SECTION II. The Mayor and City Council direct and order that this Resolution be made a part of 5he official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to Bill Nash as a token of our appreciation. PASSED AND APPROVED this the 22nd day of April, 1980. /s/ RICHARD O. STEWART, MAYOR ATTEST: CITY OF DENTON, TEXAS /s/ BROOKS HOLT, C±TI SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:... /s/ Motion was made by Stewart, seconded by Stephens that the Resolution be passed. On roll call vote Taliaferro "aye", Vela "aye", Stephens "aye" and Stewart "aye". Motion carried. 10. The Council recessed into Executive Session at 8:00 p.m. to discuss legal matters, real estate, personnel and board appointments. 11. The Council reconvened into public session at 8:25 p.m. Motion was made by Vela, seconded by Taliaferro to appoint Ray Stephens as a nominee from the City of Denton to the Nomination Committee of North Central Texas Council of Governments for service on the Executive Committee. Motion carried. Meeting adjourned at 8:37 p.m. RETARY~ ' 411 City Council May 6, 1980 Regular Meeting of the City Council of the City of Denton, Texas at 7:00 p.m., Tuesday, May 6, 1980, in the Council Chamber of the Municipal Building. PRESENT: Mayor Stewart, Major Pro Tem Stephens, Members Hopkins, Taliaferro and Gailey. Council Member Vela joined the Council for item 13 until adjournment. ABSENT: Council Member Hensley. 1. Motion was made by Stephens, seconded by Taliaferro that the minutes of the Regular Meeting of April 15, 1980 and the Special Called Meeting of April 21, 1980 be approved. Motion carried. 2. The Council considered approval of an Ordinance canvassing the returns and declaring the results of the City Council Runoff Election of April 29, 1980. Mayor Stewart read the results and the following Ordinance was presented: ORDINANCE NO. 80-35 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING T~ RESULTS OF THE MUNICIPAL RUN-OFF ELECTION HELD IN THE CITY OF DENTON ON APRIL 29, 1980. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the April 29, 1980 municipal run-off election was duly ordered for the purpose of electing Councilpersons to Place 4 and 6, on the Council; that proper notice of said election was duly given and election official appointed; that said election was duly held and the returns of the election officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION II. The official returns of the election officials having been opened, examined and canvassed, the Council hereby finds and declares that 2,815 votes were cast at said election, and that the votes cast for each place on the Council were as follows: FOR CITY COUNCIL PLACE 4: Charles Hopkins .............................. 1631 votes Bob LaForte .................................. 1123 votes FOR CITY COUNCIL PLACE 6: Dwight L. Gailey ............................. 1518 votes Linnie McAdams ............................... 1261 votes SECTION III. The Council finds and declares that each candidate listed below received a majority of the votes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: PLACE 6--Dwight L. Gailey PLACE 4--Charles Hopkins and such candidates shall assume the duties of their office on May 6, 1980. PASSED AND APPROVED this the 6th day of May, 1980. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS May 6, 1980 Continued ATTEST: /s/ BROOES HOLT, CITY SECRETARY CITY OF DENTON, TEX~S APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stephens, seconded by Taliaferro that the Ordinance be passed. On roll call vote Galley "aye", Hopkins "aye", Taliaferro "aye", Stephens "aye" and Stewart "aye". Motion carried. 3. The City Secretary administered the oath of office to new Council Members Charles Hopkins and Dwight L. Gailey. They took their places on the Council. 4. The Council considered election of Mayor Pro Tem. Council Member Taliaferro stated that Council Member Hensley requested that the Mayor Pro Tem be elected when he returns after eye surgery. Motion was made by Hopkins, seconded by Taliaferro to postpone the election of a Mayor Pro Tem until the meeting of May 20, 1980. Motion carried. 5. Mayor Stewart read a proclamation proclaiming the week of May 18-22, 1980 as "Tuba-EuphoniumWeek". 6. PUBLIC HEARINGS: (A) A public hearing was held on Z-1446, the petition of Mr. Charles Glasgow, requesting three zoning changes on a parcel approximately 26.4 acres in size which begins at the southwest corner of the intersection of Loop 288 and Audra Lane. The petitioner requests the following: (1) a change of zoning from Agricultural (A) to Commercial (C) classification on approximately 11.3 acres; (2) A change of zoning from Agricultural (A) to Office (0) classification on approximately 2.2 acres; (3) A change of zoning from Agricultural (A) to Planned Development (PD) for multi family use on approximately 10.1 acres. Mayor Stewart opened the hearing. After hearing 3 speak in favor, but none in opposition, the hearing was closed. City Planner John Lavretta briefed the Council, stating that no letters were received in opposition. He stated that the Planning and Zoning Commission felt that this was a suitable request in that a buffer is being established between the proposed commercial zone and the Denton Development Center. The Planning Commission also felt that the planned development (PD) for multi family use should be used to form a transition between the commercial zone and the land along the western perimeter of the site and that when the Commission and Council review the site plan particular attention should be given to providing a good transition to the west. For these reasons the Planning and Zoning Commission unanimously recommends approval of Z-1446 with the following conditions for the planned development portion of the petition: (1) The density of the development shall be limited to 25 units per acre. (2) A 6' solid fence shall be constructed along the western boundary. (3) The maximum height of the apartment buildings shall be two- stories. (4) Site plan approval by the Planning Commissior and City Council is required before development may commence. May 6, 1980 Continued ~ Motion was made by Stephens, seconded by Taliaferro that the petition be approved with the conditions above. Motion carried unanimously. (B) A public hearing was held on Z-1447, the petition of Golden Triangle Joint Venture, requesting a change of zoning from Planned Development (PD) for single family use, to Commercial (C) zoning classification. The property is located along the southeast side of Loop 288 approximately 1/2 acre in size. J City Planner John Lavretta advised that more than 20% of the adjacent property owners are in opposition to the petition, which means that it requires a three fourths vote of the Council. Motion was made by Stephens, seconded by Hopkins to table the matter. Motion carried. 7. The Council considered an appearance by Waymond Devers requesting permission to hold the annual Kiwanis 4th of July Fireworks Show at Fouts Field, and also requested permission to place a banner across the street on the square and one on Carroll Boulevard. City Manager Hartung said that the matter of banners does not require permission of the Council. Motion was made by Taliaferro, seconded by Hopkins to approve the request of the Kiwanis to hold the annual 4th of July Fireworks Show, and to approve placing a banner across the street on the square and one across Carroll Boulevard one week before July 1st. Motion carried. The Council considered an appearance by Mrs. Bob Berg to discuss the lack of an organized summer neighborhood park program. Mrs. Berg introduced Mrs. Mary Lee Kendrick who urged reconsideration by the Council to provide a supervised ~lay program at Nette Shultz Park. Mrs. Berg added that supervision would avert vandalism and damage in general to the park. Mayor Pro Tem Stephens suggested the possibility of a volunteer program since the Park Board said that no funds were available. Assistant City Manager King Cole advised that it would require $6,000 to fund Nette Shultz and Southridge Parks for a neighborhood program. Motion was made by Taliaferro,.seconded by Galley to accept the recommendation of the Parks and Recreation Board not to fund the requested program. Motion carried 3 tn 2, but City Attorney C. J. Taylor ruled that 4 affirmative votes would be required for passage. Motion was then made by Taliaferro, seconded by Galley to defer action until the next Council meeting. Motion carried unanimously. 9. The Council considered a recommendation from the Airport Advisory Board concerning a lease agreement with Fox 51-Limited. Gene Wright, Airport Advisory Board Chairman, stated that the Board and Airport Manager Tommy Jones recommended that the Agreement with Fox 51- Limited be approved. City Attorney C. J. Taylor advised that all lease agreements at the Airport must be treated equally. Motion was made by Stephens, seconded by Hopkins to approve the lease agreement with Fox 51-Limited. Motion carried, 10. The Council considered a recommendation from the Airport Advisory Board concerning an office lease agreement with A1 Yates. Airport Advisory Board Chairman Gene Wright advised t~e. Council that~ the Board and Tommy Jones, Airport Manager, recommend approval of an office lease with A1 Yates, FAA Examiner. May 6, 1980 Continued Motion was made by Taliaferro, seconded by Stephens to approve a lease with A1 Yates, FAA Examiner, as recommended by the Airport Board and Airport Manager. Motion carried. 11. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE #80-36 (Robert Nickerson) AN ORDINANCE A~ENDING TEE ZONi~NG 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 APPROXIMATELY 109.102 ACRE OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF TEE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Taliaferro that the Ordinance be passed. On roll call vote Gailey "aye", Hopkins "aye", Taliaferro "aye", Stephens "aye" and Stewart "aye". Motion carried. (B) ORDINANCE #80-37 (Charles P. Mulkey) AN ORDINANCE AMENDING TEE ZONING MAP OF THE CITY OF DENTON, TEY~&S, 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 APPROXIMATELY 0. 53561 ACRE OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Taliaferro that the Ordinance be passed. On roll call vote Hopkins "aye", Gailey "aye", Taliaferro "aye", Stephens "aye" and Stewart "aye". Motion carried. (C) The Council considered approval of an ordinance amending Section 1704 of the 1976 Uniform Building Code adopted by Section 5-14 of the Code of Ordinances of the City of Denton by amending Section 1704 to provide that all roof coverings shall be fire-retardant and prohibiting wood shingles and shakes. Mayor Stewart advised that he was abstaining and requested Mayor Pro Tem Stephens to take the chair. The Council Members discussed exceptions relative to repair of a shingle roof with fire retardant shingles and/or shakes, roof coverings on additions to existing dwellings and structures with existing wood shingles and/or shakes must be of fire-retardant shingles or shakes. Motion was made by Taliaferro, seconded by Gailey to add exceptions to the shingle ordinance as discussed, and consider a revised ordinance at the next regular meeting. Motion carried 4 to 0 with Stewart abstaining. 12. RESOLUTION: The following Resolution approving plans from North Texas State University for the Welch Street Drainage Project was presented: RESOLUTION W/TEREAS, North Texas State University has requested authority from the City of Denton to perform certain adjustment and improvements to water lines, sanitary sewers, and storm drainage facilities located in certain public streets of the City of Denton; and W~EREAS, it is for the joint benefit of the City of Denton and North Texas State University that such construction be accomplished; and WHEREAS, such construction is to be accomplished under a contract with the contractor and North Texas State University; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: May 6~, 1980 Continued SECTION I. The plans, specifications and contract documents designated as Storm Drain System C and D prepared by Freese and Nichols, Inc. for such construction are hereby approved. SECTION II. North Texas State University and the contractor selected by North Texas State University are hereby authorized to cause such improvements to be constructed in the public streets shown on the plan and specifications; provided, however, before any construction commences the contractor selected by North Texas State University shall obtain at his expense a Comprehensive General Liability Insur- ance Policy naming the City of Denton, Texas, and its employees as insured with the following limits: (a) Bodily Injury $100,000 Each Person $300,000 Each Occurrence (b) Property Damage $300,000 Each Occurrence $300,000 Aggregate Such policy or a certificate showing such coverage shall be filed with the City Manager of the City of Denton until all work is completed. SECTION IIi. All of such construction shall be coordinated with the City Engineer of the City of Denton. PASSED AND APPROVED this the 6th day of May, 1980. R~YOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRET~Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Following a briefing by Rick Svehla, motion was made by Hopkins, seconded by Stephens that the Resolution be passed. On roll call vote Gailey "aye", Taliaferro "aye", Hopkins "aye", Stephens "aye" and Stewart "aye". Motion carried. 13. The Council considered approval of and authorization for the City Manager to sign the contract for the Library Expansion. Council Member Vela joined the Council and was present for the remain- der of the meeting. Rick Svehla stated that the cost of construction has changed downward from $807,846 to $799,291 because of less cost of a "roll down" PCV roof that is anchored by rock. Mr. M. M. Harrison of the Kernel Corporation, said that this roof is superior. He added that Bell Telephone Company is their largest customer. Motion was made by Stephens, seconded by Taliaferro to approve the Library Expansion contract and to authorize the City Manager to sign same. Motion carried. May 6, 1980 Continued 14. The Council considered awarding contract for a 1980 Electric Rate Study. Utilities Board Chairman, George Krieger, stated that the City of Denton Charter requires that the rates and charges of the Utility Department be reviewed by the Public Utilities Board at least each five (5) years. The last electric rate study was performed in 1975; therefore, it is necessary to conduct another rate study in 1980. Nine consultants submitted proposals to conduct the rate study as outlined in the Request for Proposals. The Utilities Board interviewed Management and Research Consultants, Inc., St. Louis, Missouri, Gilbert Associates, Austin, Texas and Touche Ross, Inc., Dallas, Texas. The Utilities Board unanimously selected Management and Research Consultants, Inc., of St. Louis, Missouri, to conduct the study. Charges will be based on an hourly rate with a not to exceed an over all cost of $49,080. Questions from Council: Why was Gilbert Associates in second place? Was there a rate increase in 19757 Do we need to take action tonight? Has the Board checked references? Could budgeting time affect this study? What does a study do for us? City Manager Hartung--If we make an assumption on rates, and the study is not ready, there could be budgeting problems. Motion was made by Taliaferro, seconded by Vela that the matter be tabled for reconsideration at the next regular meeting. Motion carried unan- imously 15. & 16. The Council considered awarding bids for construction of Wastewater Treatment Plant and for Pecan Creek Outfall Line and Audra Lane Collection Lines. Recommendations for award of the two contracts are as follows: PROJECT CONTRACTOR CONTRACT AMOUNT Wastewater Treatment Plant Expansion Gracon Constr. Co. $7,607,800.00 Interceptor Collection Sewers Eagle Ford Constr. Co. $1,125,435.56 Total Contract Amount $8,733,235.56 The following Resolution was presented: RESOLUTION WHEREAS, bids were received for the construction of an expansion to the Waste- water Treatment Plant and for construction of Interceptor/Collector Sewer Line; and WHEREAS, the bid in each of said construction projects were as follows: PROJECT CONTRACTOR CONTRACT ~OUNT Wastewater Treatment Gracon Construction Co. $7,607,800.00 Plant Expansion Interceptor Sewers Eagle Ford Construction Co. $1,125~435.56 TOTAL $8,733,235.56 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Subject to subsequent approval by the Texas Department of Water Resources and the Envirommenta! Protection Agency, the City Council hereby accepts the bid of Gracon Construction Company in the sum of $7,607,800.00 and the bid of Eagle Ford Construction Company in the amount of $1,125,435.56. May 6, 1980 Continued SECTION II. After approval by the Texas Department of Water Resources and the Environmental Protection Agency, the Mayor is hereby authorized to execute contracts for such construction with each of said companies. PASSED AND APPROVED THIS the 6th day of May, A.D. 1980. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Is/ Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Vela "aye", Galley "aye", Hopkins "aye", Ta!iaferro "aye", Stephens "aye" and Stewart "aye". Motion carried. 17. The Council considered approval of payment to Golden Triangle Indust- rial Park for over depth paving on Morse Street. Rick Svehla stated that when the Golden Triangle Industrial Park was being developed, the City agreed to pay for l" of extra paving depth on Morse Street. Apparently the payment was never made when the street was completed. Cost to the City is $4,505.70. Funds are available in the Street Department Budget. Motion was made by Taliaferro, seconded by Vela that payment be made to Golden Triangle Industrial Park for over depth paving on Morse Street. Motion carried. 18. The Council considered acceptance of the EPA Step II Grant Agreement/ Amendment for Engineering Services for New Interceptor Sewer Lines. Utilities Director Bob Nelson briefed the Council, stating that the City has had application for EPA assistance pending for several years for engineering work for several interceptor sewers, Hickory Creek line being the major line. EPA has extended a grant offer in the amount of $113,672 or 75% participation for the $151,563 engineering project. Engineering work will begin after final award of the grant with completion of plans and specifications scheduled in one year. The major line is the Hickory Creek interceptor. Lines are also planned in the Cooper Creek watershed area. The Utilities Board' recommends approval. TOTAL COST OF ENGINEERING WORK ............ $151,563 GRANT FUNDS .......................... $113,672 BOND FUNDS ........................... $ 37,891 Motion was made by Stephens, seconded by Vela to accept the grant as recommended by the Utilities Board. Motion carried. 19. The Council considered approval of final payment to First Texas Savings Association of Fort Worth for participation agreement in Kingston Trace Additions II & IV. Utilities Director Bob Nelson said that on January 2, 1979, the City of Denton entered into an agreement with First Texas Savings to participate in the oversize of a sewer line through Section II of Kingston Trace. Estimated length of the line is 2,401.5'; oversize from 10" to 18";'a cost of $22,214.72. On March 27, 1979, the City entered into the same type agreement with First Texas Savings Association on Kingston Trace, Section IV, to pay oversize from 10" to 16", estimated length 828', at a cost of $9,012.15. The total cost of the two projects is $31,780.87. May 6, 1980 Continued Motion was made by Hopkins, seconded by Taliaferro to approve the final payment in the amount of $31,780.87 as recommended by the Utilities Board. Motion carried. 20. The Council considered approval of final payment to Dickerson Constr- uction Company for Stuart Road sewer line and water lines on Stanley, Thomas, Bellemeade and Mimosa Streets. Utilities Director Bob Nelson advised that in April, 1979, Dickerson Construction Company was awarded a contract to perform subject water and sewer line improvements. ~This work has been completed and Dickerson requests final payment. Final quantities of work have been determined and accepted by the City. Contract Amount ............. $362,778.00 Payments to Date ............ $316,234.44 FINAL PAYMENT ~MOUNT ..... $ 46,543.56 Motion was made by Vela, seconded by Stephens to approve final payment in the amount of $46,543.56 to Dickerson Construction Company. Motion carried. 21. The Council considered appointment of a chairman for the Local United Nations Day Program. Motion was made by Vela, seconded by Taliaferro to request the City Manager to advertise for a person interested in chairmanship of the United Nations Day Program. Motion carried. 22. The Council considered approval of a contract with the Denton Boy's Baseball, Inc. for all Boy's Youth League baseball games. Motion was made by Stephens, seconded by Vela that the contract be approved. Motion carried. 23. CONSENT AGENDA: Motion was made by Vela, Seconded by Gailey that the following Consent Agenda be approved with item B-I, approval of the final plat of Laurel Addition, removed. Motion carrid. (A) B~DS/PU~Cm~SE o~mms (1) Bid #8768, water meters, awarded as follows: Items 1,2,3 & 4 to Badger Meter Company Items 5,6 & 7 to Hersey Meter Company Item 8 not awarded (2) Bid #8757, 180' radio tower, awarded to the low bidder meet- ing specifications of Wurstex Tower Company at $9,895. (3) Bid #8759, water lines on Highland Park Road and Kendolph Street awarded as follows: Contract for the ltl1' of 6" waterline on Highland Park Road to Lowell B. Allison Contracting, Inc., of Fort Worth at $18,939.55 Contract for the 860' of 6" waterline on Kendolph to Murray Construction Company of Lewisville, Texas at $11,944.40. (4) Bid #8770, utility truck bodies, awarded to Motor Truck Equipment Company at a total bid of $6,172.48. 24. Motion was made by Taliaferro, seconded by Hopkins that the final plat of Laurel Addition be approved. Motion carried. May 6, 1980 Continued 4]9 25. The Council recessed into Executive Session at 10:30 p.m. to discuss legal matters, real estate, personnel and board appointments. 26. The Council reconvened into Public Session at 11:00 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:~4 p.m. 0 City Council May 20, 1980 Regular Meeting of the City Council of the City of Denton at 7:00 p.m., Tuesday, May 20, 1980 in the Council Chamber of the Municipal Building. PRESENT: Mayor Stewart, Members Stephens, Vela, Galley, Taliaferro, Hensley and Hopkins; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. Motion was made by Stephens, seconded'by Hensley that the minutes of the Regular Meeting of May 6, 1980 be approved. Motion carried. 2. The Council considered selection of a Mayor Pro Tem. Council Member Hensley nominated Council Member Richard Taliaferro and Council Member Vela nominated Council Member Stephens. On roll call vote Gailey, Taliaferro, Hopkins and Hensley voted for Richard Taliaferro and Vela, Stephens and Stewart voted for Stephens. Richard Taliaferro was elected Mayor Pro Tern. B. The Council considered adopting an ordinance regarding the petition of Mr. Jack Brown and Mr. Neil Hill for annexation of approximately 6.53 acres of land which begins approximately 700 feet southeast of the intersection of Colorado Boulevard and Loop 288. The following Ordinance was presented: ORDINANCE NO. 80-B8 (Jack Brown & Nell Hill) 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 APPROX- IMATELY 6.5B ACRES OF LAND LYING AND BEING SITUATED IN TEE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE Do LAMBERT SURVEY, ABSTRACT NO. 78~ DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stephens, seconded by Hensley that the Ordinance be passed. On ~.roll_calI vote Hopkins "aye", Galley "aye", Hensley "aye", Vela "aye", Stephens "aye", Taliaferro "aye" and Stewart "aye" Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-lb36, the petition of Mr. Jack Brown and Mr. Neil Hill, general partner, Duncan Properties Ltd., requesting a change of zoning from agricultural (A) and commercial (C) to planned development (PD) classification for development of a shopping center complex, on a tract totaling approximately 32 acres. The property begins along the north side of 1-35E approximately 375 feet southeast of 1-35E and Loop 288. The Mayor opened the public hearing. After hearing 3 speak in favor but none in opposition, the Mavor closed the hearing. Council Member Vela was concerned with the additional traffic° Mayor3Pro Tem Taliaferro asked about building of Local street. Council Member Stephens was concerned with the elevation problem on the property. Council Member Hopkins was concerned with the drainage. City Planner John Lavretta stated that a development plan for the property has been submitted which designates portions of the site for retail office, warehouse and mini-warehouse use. The sewer line will have to be extended from Pecan Creek to Colorado B~ulevard and the water line from 1-35 service road to its intersection with Loop 288 to the site. Electric lines are available for extension. May 20, 1980 Continued 4 2 Motion was made by Stephens, seconded by Hensley that the petition be approved with the following conditions: General Planned Development Conditions: 1. Colorado Boulevard shall be extended to the eastern boundary of the site when the retail section of the planned development is built. The developer will be responsible for paving the portion Of Colorado Boulevard as shown on the site plan. 2. The local street shall be paved as development occurs on either side of the local street. Parkway and median areas in the parking lots shall be land- scaped; trees shall be preserved in the median areas wherever feasible. 4. A detail site plan for the warehouse-office-showroom area must be approved by the Planning and Zoning Commission and City ~ Council before development. Site Plan Conditions: 1. The area designated for retail use encompassing the building and parking area shall be developed in accord with the site plan. Minor variations in building use or shape will be permitted when the building size or land use intensity is not increased. Major changes must be approved by the Planning and Zoning Commission and City Council. 2. A minimum 25 foot setback f~om the property line shall be observed along the perimeter of the property. Motion carried. (B) A public hearing was held on Z-1447, the petition of Golden Triangle Joint Venture, requesting a change of zoning from planned development (PD) for single family use, to commercial (C) zoning classification. The property is located along the southeast side of Loop 288 approximately 636 feet northeast of the intersection of Loop 288 and Interstate BSEo The triangular shaped tract is approximately 1/2 acre in size. The Mayor opened the hearing. After hearing i speak in favar but none in opposition the hearing was closed. City Planner John Lavretta stated that six letters were mailed with 1 returned in favor and none in opposition. Mayor Stewart stated that we are looking at another W. University Drive, and that we had better take a very long loo~ at this area. Lavretta stated that he and the Staff had some concern for adequate traffic handling and there will be a need for the extension of some streets. Motion was made by Taliaferro, seconded by Hensley that the petition be approved. Motion carried. (C) A public hearing was held on Z-1438, the petition of Mr. Ronnie Hilliard, requesting a change of zoning from agricultural (A) to commercial (C) zoning classification at 2523 Fort Wdrth Drive. The property is approximately B.1 acres in size and begins 647 feet east of Fort Worth Drive. The Mayor opened the h~aring. One spoke in favor and 5 in opposition. · Dick Kelsey, Attorney, stated that the property will be for the same use that it has been for the past ll years, and requested that Mr. Hilliard have an opportunity to go back to the Planning and Zoning Commission. James Coulter presented a.~petitiSn~in opposition to the requested zoning change. He stated that there was only a 14' access from Fort Worth Drive to the subject property. Several other residents of the area asked that the petition be denied; one stated that he did not want to live with junk yards. The hearing was closed. May 20, 1980 Continued City Planner John Lavretta stated that the Planning and Zoning Comm- ission recommended denial. Mayor Pro Tem Taliaferro asked what was the highest and best use of the property in the area. Lavretta advised that single-family would be best° Mayor Stews~t stated that Junk yards should be checked to see that they are meeting the ordinance requirements. Motion was made by Taliaferro, seconded by Hensley to deny the petition. Motion carried. Lavretta added that there should be some phase out period for Mr~ Hilliard since the property is not zoned commercial. City Attorney C. J. Taylor stated that this was a non conforming use. Council Member Hopkins said to look at the fact that some building has been done on the property. Motion was made by Stephens, seconded by Hopkins that the Staff report on the matter at the next meeting. Motion carried. 5. A representative from the Tourist and Convention Bureau reported that during the 1979-80 fiscal year, four quarterly motel tax revenue payments (less City administration cost) were received by the Bureau totaling $?1,208o12. He added that the total is a 15% increase over the 1978-79 fiscal year's revenue° He stated that the Bureau assisted 164 conventions, meetings and seminars having a total attendance of 23,1~B. The 1980-81 budget total is $82,592. 6o Alonzo W. J~son, Jr., Chairman of the City/County Joint Funded Agencies Committee gave the following report: Example Of Formula Allocation To Flow Memorial Hospital, 1980 Allocation of Deficit: Amount Per Cent Total Deficit $~19,681.00 Deduct Indigent care 162~500.00 $257,181.oo (1) 1oo City's share: 57% /~b~)~263) x $257,181 = $1~6,59~.00 (2) 57 County's share $110,588.00 (2) County's per capita share ($110,588 i 127,950 = $ .86 (3) Total City's share Deduct: $1~6,593.00 (~) (County's per capita share $ 44~505.00 (~) $°86 x 5175o) = $lO2 O88.oo (4) Final Allocation: City of Denton $102,088.00 24°4 County of Denton: Indigent care $162,500.00 By Formula 155~093.00 317~593.00 75.6 TOTAL $419,681.00 100 May 20, 1980 Continued Jamison added that representatives of both the City and County were appointed, and as to indigent care, Mayor Stewart stated that a two person board would screen people and determine if they were indigent. The Council Members were very high in their praise of Mr. Jamison and the other Committee ~[embers. Motion was made by Vela, seconded by Stephens to accept the report. Motion carried. 7. The matter regarding appearance by Jess Coffey relative to the Utility Department was deleted. 8. The m~tter regarding recommendation ,from the Airport Advisory Board relative to the Water System at the Denton Municipal Airport was deleted. The Council heard a report on the S~mmer Neighborhood Park Program. Assistant City ~anager King Cole advised that money had become available for recreation supervisor in Nette Shultze and Southridge Parks. He stated that supervised s~mmer program will have a total of $3,200 for salaries and Sh00 to $500 for supplies. He added that the group requesting the recreation supervision has asked for an increased budget for next year. He advised that the program is scheduled to begin in mid June of this year. Mayor Stewart stated that this program has run for 5 years and it has been ascertained that there must be an adult leader in a public park. No official action was necessary. 10. ORDINANCES: The following ordinances were presented: (A) ORDINANCE #80-39 (Charles Glasgow) .AN_ ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TEE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 26.h ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MJ~P OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Taliaferro, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Gailey"aye", Hopkins "aye", Stephens "aye", Hensley "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (~) oRDINAN~z #8o-~o AN ORDINANCE AN[ENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW SECTION 25-11 ENTITT~ AVERAGE BILLINGS FOR ELECTRICAL, WATER, SEWER, SANITATION AND SERVICES; AND PROVIDING FCE THE METHOD OF COMPUTING AVERAGE BILLINGS AND REGULATION THEREFOR. Motion was made by Stephens, seconded by Vela that the Ordinance be passed. On roll call vote Hensley "$ye", Hopkins "aye", Galley "aye'~, Stephens "aye", Vela "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (c) ORDINANCE #80-~1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ABANDONING THE BELOW DESCRIBED UTILITY EAS~4ENT; PROVIDING F~ THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Taliaferro, seconded by Hensley that the Ordinance be passed. On roll call vote Hopkins "aye", Vela "aye", Galley "aye", Hensley "aye", Stephens "aye", Taliaferro "aye" and Stewart "aye". Motion carried. May 20, 1980 Continued (0) ORDINANCE #80-42 AN ORDINANCE A~ENDING THE DENTON CODE OF ORDINANCES BY CREATING A NEW ARTICLE V OF CEAPTER 18 TO BE ENTITLRD "TRAFFIC AND PARKING CONTROLLERS"; ESTABLISHING THE POSITION OF TRAFFIC AND PARKING CONTROLLER; PROVIDING FOR THEIR AUTHORITY TO ISSUE PARKING CITATIONS, DUTIES AND RESPONSIBILIT]ES, AND GOVERNMENTAL FUNCTION AND STATUS; PROVIDING FOR A PENALTY, SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Motion was made by Hopkins, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "aye", Stephens "aye", Galley "aye", Hensley - "aye", Hopkins "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (E) ORDINANCE #80-h3 AN ORDINANCE AMENDING SECTION 170~ OF THE 1976 UNIFORM BUILDING CODE ADOPTED BY SECTION 5-14 OF TEE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 1704 TO PROVIDE THAT ALL ROOF COVERINGS SHALL BE FIRE-RETARDANT; PROHIBIT- ING WOOD SHINGLES AND SHAKES; PROVIDING FOR EXCEPTIONS FOR REPAIRS AND ADDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1980. Motion was made by Hensley, seconded by Hopkins that the Ordinance be passed. 0n roll call vote Galley "aye", Vela "aye", Stephens "aye", Hensley "aye", Hopkins "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (F) ORDINANCE #80-44(Jack Brown & Nell Hill) 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 APPROXIMATELY 32.055 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stephens "aye", Gailey "aye", Vela "aye", Hensley "aye", Hopkins "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (G) ORDINANCE #80-45 (Golden Triangle Joint Venture) AN ORDINANCE AMENDING THE ZONING MAP OF TEE 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 BELOW DESCRIBED TRACT OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Vela, seconded by Hensley that the Ordinance be passed. On roll call vote Stephens "aye", Galley "aye", Hopkins "aye", Vela "aye", Hensley "aye", Taliaferro "aye" and Stewart "aye". Motion carried. ll. RESOLUTIONS: (A) The Council considered approval of a Resolution authorizing the City Manager to sign and submit an application to the Office of Personnel Management for Grant-in-Aid assistance as provided for by the Intergovernmental Personnel Act of 1970. ~ The City Manager briefed the Council, advising that the grant would be approved after the first of next year. It provides funds for the training of supervisors and others. The following Resolution was presented: RESOLUTION WHEREAS, it is necessary to submit and sign an application to the Office of Personnel Management for Grant-in Aid assistance as provided for by the Inter- governmental Personnel Act of 1970; and WHEREAS, the Office of Personnel Management is the Federal agency responsible f~r administering federal funds from the Intergovernmental Personnel Act of 1970; and May 20, 1980 Continued ~ ~ WHEREAS, the City of Denton officials have determined that such assistance will be of benefit in strengthening the City's personnel system and functions; and WHEREAS, the OFfice of Personnel Management's guidelines pursuant to the administration of Intergovernmental Personnel Act programs require a resolution authorizing the filing of such an application; NOW, T~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton hereby authorizes the City Manager to sign and submit said application to the Texas Dep~rtment of Community Affairs. SECTION II. The City Manager is authorized to handle all fiscal and administrative matters related to the application. PASSED AND APPROVED this the 20th day of May, 1980. Is~ RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTE ST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~si Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hensley "aye", Galley "aye", Vela "aye", Stephens "aye", Hopkins "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (B) The Council considered the following Resolution accepting a grant-in-aid from the Texas Department of Community Affairs for an Outdoor Exercise Track: RESOLUTION WHEREAS, the City Council of the City of Denton, Texas, contemplates the execution of a contract with the Texas Department of Community Affairs for an approximate maximum amount of TDCA liability of Ninety-Seven Thousand Eight Hundred Fifteen and no/100 ($97,815.00) Dollars and for the provision of land and engineering layout, oversee work crew supervisor, storage for work equipment during the approximate period of October l, 1980 to September 30, 1981; and WHEREAS, it has been duly determined that the City of Denton has the legal authority to render the afore-described contractual performance, 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 does hereby approve and authorize the City's execution of the afore-described contract and does hereby authorize G. Chris Hartung, the City Manager, to sign and execute the afore-described contract on behalf of the City of Denton so as to legally obligate the bind the City of Denton to all the performances, obligations, terms, and provisions set forth therein. PASSED AND APPROVED this the 20th day of May, A.D. 1980. /s/ RICHARD O. STEWART, NLAYOR CITY OF DENTON, TEXAS May 20, 1980 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. Jo TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /si Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hopkins "aye", Hensley "aye", Gailey "aye", Vela "aye", Stephens "aye", Taliaferro "aye" and Stewart "aye". Motion carried. 1R. The Council considered awarding a contract for the 1980 Electric Rate Study. Utilities Director Bob Nelson stated that action on awarding the contract was tabled on May 6, 1980. He added that the Utilities Board, at their meeting of April 30, 1980, recommended employment of Management and Research Consultants, Inc., of St. Louis, Missouri, to conduct the 1980 Rate Study and PURPA Compliance Manual for an amount not to exceed $49,080. The Staff, consist- lng of City Manager, Chris Hartung, Finance Director, Bill McNary, Director of Utilities, R. E. Nelson and Assistant Director of Utilities, E. B. Tullos, concurred with the Utilities Board recommendation. Motion was made by Taliaferro, seconded by Hensley to hire Management and Research Consultants, Inco, to conduct the 1980 Electric Rate Study and PURPA Compliance Manual for an amount not to exceed $~9,080, with a report to be made Jointly to the Council and the Utilities Board. Motion carried. 13o Motion was made by Hopkins, seconded by Gailey that final payment to Luke Turner for drainage improvements on Airport Road be approved in the amount of $9,128.25. Motion carried. l~. The Council considered awarding bids on the new Animal Shelter. Assistant City Manager King Cole stated that on two previous occasions the Animal Shelter has been bid. On both occasions the bids came in at more than twice the smount budgeted for the facility. For the third bidding, the Shelter was split into three phases; Phase i and Phase 2 were bid° Phase i is a portion of the main kennel facility and Phase 2 is the remainder of the main kennel plus the quarantine kennel. The bid for Phase i is within the funds allocated and it is recommended that the bids for Phase i be accepted and the bids for Phase 2 be rejected. The Staff will review Phases 2 and 3 during the budget process and make a recommendation to the Council at a later date. Funds Available: $ 20,000.00 County Contribution to Animal Shelter ll2~000.00 City Budgeted Funds $132,000.00 TOTAL FUNDS AVAILABLE Expenditures: ~ $ 6,715.37 Architect Fees 7,000.00 Sewer Syst em 11,1~4.27 Land Acquisition 9~ ~ bRO. 00 Construction Contract $119,279.6~ TOTAL COST OF PHASE I Motion was made by Stephens, seconded by Hensley to approve Phase 1 and to award the construction of Phase i to David Duffield at $9~,h20. Motion carried. 15o Motion was made by Vela, seconded by Hensley to approve the Tax Adjust- ments for March, 1980 in the amount of $21,885.30 and the Supplement in the amount of $~,~92.89o Motion carried 6 to lo May 20, 1980 Continued 4 ~ 16. Motion was made by Stephens, seconded by Vela that the final replat of part of Blocks 9 and 5, Sequoia Park Addition, involving a quit claim of a section of a platted street be approved. Motion carried. 17.~ CONSENT AGENDA: Motion was made by Vela, seconded by Stephens that the following Consent Agenda be approved. Motion carried. (A) BIDS/PURCHASE ORDERS (1) Purchase Order #42978 to Priester Supply Company approved in the ~mount of $6,482.00. (2) Purchase Order #43B44 to Clow Corporation approved in the amount of $7,066.75. (3) Purchase Order #43429 to Denton Independent School District approved in the amount of $4,465.00. (4) Bid #8764, Dreamla~ud Park fence, awarded to Hurricane Fence Company at $5,823.74. (5) Bid #8771, transformer repairs, awarded to Greenville Transformer at an evaluated bid of $57,938. (6) Bid #8779, selected vegetation control, awarded to Greenway Lawn & Turf at a price of $49.75 and $44.75 per acre, and the total not to be more than $8,505. 18. The Council recessed into Executive Session at 10:35 p.m. to discuss legal matters, real estate, personnel and board appointments. 19. The Council reconvened into Public Session at 11:33 p.m. to take the following action: (A) The following Resolution was presented: RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Donald Wiggins and wife, Juanell Wiggins, agree that a consideration of $13,498.00, is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is h~reby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Being 7,505 square feet of land, more or less, situated in the William Lloyd Survey, Abstract No. 774, out of a tract of land conveyed by deed dated May 2, 197~, recorded in Volume 706, Page 168 and a tract of land conveyed by deed dated January 23, 1973, recorded in Volume 665, Page 540, Deed Records of Denton County, Texas to Donald Wiggins, et ux; said 7,505 square feet of land being more particularly described by metes and bounds as follows: C0~4ENCING at an iron rod in the south line of a 26.186 acre tract of land as conveyed to Green Giant Company, a Minnesota Corporation, by deed dated December 30, 1969 as recorded in Volume 596, Page 197, Deed Records of Denton County, Texas; said iron rod also being the northeast corner of a 0.296 of an acre tract of land conveyed to Hugh D. Brockett, et ux, by deed dated June l, 1977 and recorded in Volume 838, Page 53, Deed Records of said county; May 20, 1980 Continued THENCE south 02~ 10' 37" west along the east line of said Brockett tract a distance of ll8.21 feet to a point for a corner in the north right of way line of Twilight Road (a public street); THENCE north 89° 50' ~9" west along the north right of way line of Twilight Road and the south line of said Brockett tract a distance of 86o17 feet to a point for a corner in the east line of the remnant of a l0 acre tract conveyed to Bill Lynch, et mx, by deed recorded in Volume 665, Page 5~1, Deed Records of the aforesaid county; THENCE south 00' Road and the east line of the aforesaid Lynch r~muant tract feet to the point of beginning; said point being south 00~ 22' 02" west a distance of 163.3 feet and south 89~ 51' 00" east a distance of 120 feet from the northwest corner of the abovementioned l0 acre tract, being the northwest corner of the William Lloyd Survey; THENCE south 89° 50' ~9" east along the south line of said Twilight Road a distance of 67.38 feet to a point for a corner; THENCE south 00° ~7' h8" west along the proposed east right of way of state Loop 288 a distance of ll0.01 feet to a point for a corner in the common line of the said Wiggins tract and said Lynch remnant tract; THENCE north 89° 51' 00" west along the south line of said Wiggins tract being the common line of the aforesaid Lynch remnant tract a distance o~69.05 feet to the southwest corner of the said Wiggins tract THENCE north 01~ ~0' 00" east continuing along the aforesaid common line a distance of ll0.05 feet to the point of beginning° 2. The City of Denton is hereby further authorized to pay Donald Wiggins and wife, Juanell Wiggins as owner of said described property, consider- ation in the amount of $13,498.00, purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the ~0th day of May, 1980o RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Co J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: !s/ Motion was made by Taliaferro, seconded by Vela that the Resolution be passed. On roll call vote Gailey "aye", Hopkins "aye", Hensley "aye", Vela "aye", Stephens "aye", Tmliaferro "aye" and Stewart "aye"° Motion carried. (B) The following Resolution was presented: RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Junction 288 Partners, a Texas Limited Partnership, Tevis Taylor, Trustee, agree that a consideration of $268,000.00 is a fair and agreed value of such described property; NOW, T~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Being 191,125 square feet of land, more or less, of which 937 square feet is in a Public Road (Audra Lane) situated in the William Lloyd Survey, Abstract No. 77~, out of 64.073 acre tract conveyed to Junction 288 Partners, a Limited Partnership, by deed dated May 30, 1972 and recorded in Volume 647, Page 152, Deed Records of Denton County, Texas; said 191,125 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the point of intersection of the proposed east right of way line of Loop 288 and the existing south right of way line of U.S. Highway 380, said point being south 80 53' 01" west a distance of 292.88 feet from~a point that is south a distance of 100 feet from the centerline of U.S. Highway 380; THENCE south 37~ 39' 60" west along the said proposed right of way line for a distance of 125.00 feet to a point; THENCE south 07e 52' 01" west for a distance of 1299.88 feet to a point; THENCE south 00e 47' 48" west for A distance of 325.69 feet to a point on a curve of radius 5829.58 feet bearing south 89" ll' 54" west to the radius point; THENCE along said curve to the right a distance of 159.81 feet to a point of bearing south 89" 13' 51" east to the radius point, said point also being in centerline of Audra Lane; THENCE north 89" 44' 42" west along the said centerline for a distance of 40.01 feet to a point in the existing east right of way line of Loop 288, said point also being in a curve of radius 5789.58 feet bearing south 89° 13' ll" east to the radius point; THENCE with the said existing right of way line along said curve to the left a distance of 160.18 feet to a point of bearing south 89" ll' 42" west to the redius point; THENCE north 00' 47' 48" east for a distance of 1629.95 feet to a point; T~ENCE north 44° 16' 42" east for a distance of 75.93 feet to the point of intersection of the said existing right of way line of Loop 288 with the said existing right of way line of U.S. Highway 380; THENCE north 84' 16' 59" east for a distance of 153.98 feet to a point; TNE~CE north 80" 05' 47" east for a distance of 71.00 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay Junction 288 Partners, a Texas Limited Partnership, Tevis Taylor, Trustee as owner of said described property, consideration in the amount of $268,000.00 purchase price, plus necessary and reasonable recording fees. 3. This Resolution shall take effect ~mmediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 20th day of May, 1980o /,s,/ RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS May 20, 1980 Continued ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Co J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Stephens, seconded by Vela that the Resolution be passed. On roll call vote Hopkins "aye", Hensley "aye", Vela "aye", Gailey "aye", Stephens "aye", Taliaferro "aye" and Stewart "aye". Motion carried. (C) The following Resolution was presented: RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WREREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Hugh D. Brockett and wife, Fredda Sue Brockett, agree that a consideration of $58,h98.00, 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: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: Being 11,839 square feet of land, more or less, situated in the William Lloyd Survey, Abstract No. 774, and being all the land conveyed to Hugh Brockett and wife, Fredda Sue Brockett, by' deed dated June l, 1977 and recorded in Volume 838, Page 53, Deed Records of said county; said 11,839 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the southline of 26o186 acre tract of land conveyed to Green Giant Company, a Minnesota Corporation, by deed dated December 30, 1969 as recorded in Volume 596, Page 197, Deed Records of Denton County, Texas; said iron rod being the northeast corner of the aforesaid Brockett tract; THENCE south 02° 10' 37" west along the east line of said Brockett tract a distance of 118.21 feet to a point for a corner in the north right of way line of Twilight Road (a public street); THENCE north 89" 50' 49" west along the north right of way of Twilight Road a distance of 86.17 feet to the end of, Twilight Road and continuing an additional 13.83 feet (100o0 feet in all) to a point for a corner; THENCE north 02° 10' 00" east along the remnant of a tract of land conveyed to Bill Lynch, et ux, by deed dated November 25, 1975, recorded in Volume 766, Page lll, and by deed dated September 20, 195h, recorded in Volume 399, Page 65, Deed Records of Denton County, Texas, a distance of 118.68 feet to a point for a corner in the south line of the aforesaid Green Giant Company tract; THENCE south 89" 3~' 30" east along the south line of said Green Giant Company tract a distance of 100 feet to the point of beginning. 2. The City of Denton is hereby fUrther authorized to pay Hugh D. Brockett and wife, Fredda Sue Brockett as owner of said described property, consideration in the amount of $58,h98.00, purchase price, plus necessary and reasonable recording fees. May 20, 1980 Continued 4~ 5. This Resolution shall take effect ~mmediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 20th day of May, 1980. /s/ RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Vela, seconded by Hopkins that the Resolution be passed. On roll call vote Stephens "aye", Hensley "aye", Vela "aye", Gailey "aye", Hopkins "aye", raliaferro "aye" and Stewart "aye". Motion carried. (D) Motion was made by Stephens, seconded by Hopkins that Council Member Vela be appointed to serve on the Steering Committee for the 1~80 Electric Rate Study. Motion carried. Meeting adjourned at ll:~? p.m. City Council May 27, 1980 Special Called Meeting of the City Council of the City of Denton, Texas at 7:00 p.m., Tuesday, May 27, 1980 in the Council Chamber of the Municipal Building. PRESENT: Mayor Stewart, Mayor Pro TemTaliaferro, Members Galley, Hopkins, Vela, Hensley and Stephens; City Manager Chris Hartung, City Attorney Co J. Taylor and City Secretary Brooks Holt. 1. The Council considered budget policy priorities as required by Article VIII Section 8.03 of the City Charter. The Manager briefed the Council, stating that the Council would recommend priorities to the Manager as pointed out in the City Charter. He added that we will review budget~ by departments. He asked the Council Members to give their input. Mayor Stewart--There be'no increase in the ta~ rate and the City employees receive a raise. Stephens--I agree with the Mayor on both subjects. I hope for competitive salaries. .A Central Warehouse, which has been recommended by the outside auditor, might not be built this year, but efforts should be doubled. The Manager stated that the building is currently being designed. Stephens--We should give some thought as to the control of the animal situation, as far as rabies is concerned. There are street repairs that are important and some streets should be rebuilt. The Fire Chief says that with the new fire station they would have more room than personnel. There should be a check on the cost of additional personnel. He concluded with the statement that we must have adequate police protection. Hensley--I trust that the electric rate study will result in lower utility rates. We need lower rates for the elderly in Denton, and we have big businesses in Denton that will increase the taxes and number of Jobs. Hopkins--I would like to see us'looking-at:the costs to maximize the key I fire rate for the City. I would like some information on what the response time is for the Police, and I am in favor of a five year development plan for the Airport. I would like to see the electric rates lowered and to have a program to make citizens energy conscious. Galley--It is my belief that citizens would list fire and police protect- ion and good streets as the primary concern. Somewhere, somehow, services that are for very few citizens must have to suffer. We should ask where we can tighten do~m. Taliaferro--This sounds like a wish listo It's my belief that the basic services are important to all citizens. The City Manager stated that there will be information available when the budget is received from the departments. There may be many cuts of these budgets, but some will be increased. Vela--I am not in favor of increasing benefits and decreasing taxes. Stephens--We should establish priorities within the limits of existing funds° Taliaferro recommended to cut'allthe fat from the budget. Any program not essential should be looked at. The report given last week indicated that some park programs are extremely expensive. The City Manager stated that he appreciated the Council input and concern, but if taxes remain the same a balanced budget cannot be assured. 2. The Council considered recommendation from the Airport Advisory Board relative to the water system at the Denton Municipal Airport. Gene Wright, Chairman of the Airport Board, gave the following report on the Airport water system: Alternative #1: The utlimate solution would be to extend a 16" w~ter main down Airport Road from 1-35 to the Airport entrance. This line would provide an adequate supply of w~ter not only to the Airport but to the surrounding area. Costs could be partially recovered on a pro-rata basis. It is necessary to develop May 27, 1980 Continued an internal distribution system o~ the east side of the Airport, consisting of 6" PVC water mains running both north and south paralleling the North/South Runway. With fire hydrants on this line the Airport would have fire protection. This alternative would require replacement of the 2" service line. Total estimated cost of this alternative is $259,46B. Alternative #2A: One solution would be to install a Booster Pump- Pressure Tank. The pumps would draw water from the existing ~" water line and feed it into the pressure tank. The Airport, however, would remain without adequate fire protection. This alternative contains an internal water distri-~ bution system and the replacement of the existing 2" service line. Total estimated cost of this alternative is Alternative #2B: This alternative would include the same ground work, security fencing and lighting and replacement of the 2" service line, but would delete the south portion of the internal water system. The internal water system under this alternative would consist of a 6" PVC main extended 2,800' north. Total estimated cost of this alternative is $60,96~. Alternative #2C: Deleting a portion of the north and south main would provide for 800' of 6" PVC main extending north along Airport Road. Total estimated cost of this alternative is $3~,714. Alternative #3: The third alternative utilizes the same Booster Pump-Pressure Tank package and requires the same surface preparation, security fencing and lighting, and replacement of the existing 2" service line. This alternative deletes an internal water system. Total estimated cost of this alternative is $24,21~. Mr. Wright asked the Airport M~nager, Tommy Jones to speak. Mr~ Jones stated that presently there is no grant available to the Airport. The City Manager stated that the Airport fund would be charged with cost of utilities, adding that in most cases utility expansion is through a utility system. Taliaferro asked if the Airport Board had made progress on the number of new businesses at the Airport. Jones replied that he had been contacted by several firms° Galley stated that we cannot help but have adequate utilities at the Airport. Vela stated that he hoped that soon we would have several industries at the Airport. Motion was made by Stephens, seconded by Taliaferro to refer the matter of the water supply to the Utilities Board for its review and recommendations and to ascertain if the program could work out by 1984. Administrative Aide Bill Angelo stated that meters are required to be installed at the Aerosmith facility. 5. The Council considered apProval of an ordinance providing for a mainten- ance agreement with State Department of Highways and Public Transportation for state highways passing through the City. Rick Svehla stated that since McKinney and Sherman Drive are relatively new and the other parts of Locust and Elm are in relatively good shape, the staff does not anticipate any large maintenance costs other than usual routine costs~ State will maintain other streets listed in the Agreement. The following Ordinance was presented: ORDINANCE #80-46 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF DENTON, COUNTY OF DENTON, TEXAS, P~EBY REFERRED TO May 27, 1980 Continued AS MUNICIPAL ~iAINTENANCE 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 TKE MAINTENANCE AND USE OF THE SAiD MAII~TENANCE PROJECT; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. Motion was made by Hopkins, seconded by Taliaferro that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stephens "aye", Gailey "aye", Hopkins "aye", Taliaferro "aye" and Stewart "aye"° Motion carried. The Council considered approval of a resolution authorizing the submission of an application for funding of a Comprehensive Community Energy Management Program. Assistant City Manager King Cole stated that grants are available and cities, counties and regional councils ~re eligible for grants. Grants are for a period of 12 months. The purpose of the grant is planning and organization fund support to develop community wide approaches to over all energy management. This program is ideal for Denton because: - (a) The electric utility is city-o~ned. (b) A number od co~nissions, departments and boards deal with energy- related matters--these need coordination and focus for optimum effectiveness. (c) The City is presently undertaking very similar responsibilities and will be required to do so even more in the ~mmediate future; CCEMP offers funding to speed up and enhance programs that are now recognized as needed. The following Resolution was presented: RESOLUTION WHEREAS, the State Energy Conservation Plan (SECP) of Texas authorizes the Texas Energy and Natural Resources Advisory Council "TENRAC" to award grants related to energy management demonstration projects; and WHEREAS, the City of Denton is committed to the concepts of effective energy management ~ and WHEREAS, the City is interested in developing a coordinated approach to energy conservation, energy consumption, energy sources, energy planning and related activities; and WHEREAS, officials of Denton have determined that the City should make application to TENRAC for energy planning/management assistance under the State CCEMP Program; and WHEREAS, TENRAC requires a resolution authorizing the submission of said application request for grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council authorizes the 0ity Manager to sign and submit said applicat- ion to TENRAC. SECTION II. That the City Manager is authorized to handle all matters related to the grant, PASSED AND APPROVED THIS the 27th day of May, A. D. 1980o /s! RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS May 27, 1980 Continued APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: /s/ Motion was made by Stephens, seconded by Vela that the Resolution be passed.and to authorize the City Manager to submit the grant. On roll call vote Hensley "aye", Gailey "aye", Hopkins "aye", Vela "aye", Stephens "aye", Taliaferro "aye" and Stewart "aye". Mo~ion~carried. 5. The Council considered-approval of a contract with North Texas State University for the Resource Recovery Project. The City Manager stated that this contract is Cost Re-imbursable with effective dates of May 15, 1980 through December B1, 1981. The contractor will be North Texas State University and the principal investigator will be Dr. Ken Daugherty. The subject is "Urban Waste-A Potential Energy Source for Brick Plants". The Cost of the project is $80,855.00. Motion was made by Stewart, seconded by Vela that the contr~act with North Texas State University for the Resource Recovery Project be approved. Motion carried. Council Member Hopkins stated that he wanted to compliment the people involved in this project. 6. The Council considered a report on the Metropolitan Plaaning Organization Designation for the City of Denton. The City Manager stated that the MP0 is a transportation planning organ- i~b-~.that is part of~th~'~ederal required planning necessary to receive highway and mass transit project funding. The MP0 is directed by a policy committee of principally elected officials of general purpose government and is supported by planning staff of either city or consultant and the Highway Department. There is an option to Denton being designated a separate MP0. If desired, Denton could be included in the current D/FWMP0 organization. This option was reviewed by the staff and Highway Department and a preliminary concensus was that Denton should be a separate MP0. Motion was made by Stephens, seconded by Vela to proceed with the plan. Motion carried. 7. The Council considered a report on the Junk vehicle problem on Fort Worth Drive. Rick Svehla ~howed slides of most Junk yards on Fort Worth Drive and stated that it appears that the majority were meeting the requirements of the ordinance. He added that it is difficult to enforce the ordinance other than on a limited basis. City Attorney C. J. Taylor advised that health, safety or fire hazards of Junk yards can be subject to the ordinances of the City. The City Manager stated that the accepted standards could also be inv6~ved. Motion was made by Vela, seconded by Hensley to direct the City Manager, City Staff~ City Attorney and Comm~mity Development to develop a comprehensive program. Motion carried. 8. The Council considered a report on the Hilliard case. City Attorney C. J. Taylor briefed the Council relative to the subject Hilliard case. He advised that there was no use of the land involved in the year 1959, but in 1974 an aerial photo showed property being used for house moving equipment. At the present, there is some use of the property by an excavating company which has been on the site for about four years. It appears that there is no legal basis to claim a non-donform/ng use. There is one single family dwelling on the property and a garage that has been built. Mr. Hilliard will probably have to sell the land. M~y 27, 1980 Continued 9o The Council considered a report on City-County funding. The City Manager stated that there is a major change in the way the formula applies to the City-County Library..~On th~ basis ~'of~usage by City and County residents, this will be a difficult operation to indicate accurately how many countians use the Library. He added that he wanted to be sure that the City has a fair allocation of the costs° Council Member Hopkins asked if the City shouldn't talk to the County officials, advising that there should be two years of experience to ascertain if the formula is equitable. Motion was made by Vela, seconded by Hopkins to approve Hopkins' suggestion. Motion carried. 10o The Council considered authorization of their attendance at the Texas Municipal League's Annual Meeting in Brownsville° Motion was made by Vela, seconded by Hopkins that the Council attend the Texas Municipal League's Annual Meeting in Brownsville. Motion carried. ll. The Council considered a recommendation from the Citizens Traffic Safety Support Commission for a traffic signal at the intersection of Bell Avenue and Prairie Street. Rick Svehla advised that the Traffic Commission has voted, after lenghthy discussion, .to recommend to the Council that a new signal be installed at Bell Avenue and Prairie Street. The Attorney felt that if the signal does not meet standards the City incurs some type of liability if the signal is installed° Svehla stated that the cost of the equipment, including poles, heads, wire, conduit and a controller would be approximately $20,000 to $25,000. Bill Midgett of the Traffic Commission urged approval, pointing out that there is a blind corner, large trucks from Morrison's and~othe~ hazards. Motion was made by Vela, seconded by Stephens to accept the recommendation of the Traffic Commission to install a traffic signal at the intersection of Bell Avenue and Prairie Street. Motion carried 5 to 2. 12o The Council recessed into Executive Session at 10:07 p.m. to discuss legal matters, real estate, personnel and board appointments. 13o The Council reconvened into Public Session at ll:~ p.m. to announce that no official action was taken. Meeting adjourned at ll:4? p.m. MAYOR 437