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Minute Bk. 26 2/1986 - 2/1987 01 City Council Minutes March 4, 1986 The Council convened into the work session at 5:30 p.m. in the Civil D~fense Room. P{ESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and City Secretary A3SENT: Council Member Alford A enda item 1 was deferred to later in the agenda order. 2 The Council held a discussion of request of Miller of T xas, Inc. for annexation o~ approximately 301.913 acres located b~tween 1-35E and FM 426 (East McKinney) and situated in the Gideon ~lker Survey, Abstract 1330, and the W. Durham Survey, Abstract 3~0 A-38. D~vid Ellison, Senior Planner, reported that this was the Lakeview S)uth project. The entire parcel was 301 acres with 1.9 acres of tlis constituting an involuntary annexation. Included in the agenda b~ck-up material, was a preliminary concept plan ~or the land use. S~aff felt it would be advantageous to present this proposal to C)uncil as it had been originally received. The original proposed d~nsity was 16.9 units per acre: however, a new proposal (for zoning plrposes) showed a density of 15.79 units per acre. The developers h~d requested feedback now. The staff wanted to know if the Council w)uld want to hold a work session to discuss this particular case. Tie City of Corinth would be discussing the thoroughfare at their m~eting on March 5. City of Denton staff had met with Corinth o[ficials and Miller of Texas was also scheduled to meet with them. C.ty Manage~ Lloyd Harrell reported that staff was anticipating p:essure from the developer to move along with this zoning request. C)uncil Member Joe Alford joined the meeting. M:Adams motion, Stephens second to proceed with the annexation. M)tion carried unanimously. 3. The Council held a discussion of a "no smoking" ordinance f )r the City of Denton. C)uncil Member Riddlesperger stated that this ordinance had' g~nerated a great deal of interest. This was a discussion and not a plblic hearing and the ordinance would not be voted on at this m~eting. However, several members of the community had expressed an i .retest in making comments on the "no smoking" concept. M Clark, representing Dr. William Miller, stated that Dr. Miller w s strongly in favor of the strongest no smoking measures p)ssible. He then read a prepared statement which Dr. Miller had p:epared expressing his support ~or a no smoking ordinance. M~. Roberta Donspach stated that as an ex-smoker, she was srmpathetic to smokers. She had quit smoking approximately 30 years a o and now, if in a smokey room, she became nauseated, dizzy and d soriented. Her office was non-smoking and this seemed to a:ceptable to the workers, both smokers and non-smokers. She urged tle Council to consider adopting the ordinance. C)uncil Member Riddlesperger stated that the proposed ordinance had b~en prepared by the City Attorney and complied with the law. It w)uld be a self-enforcing ordinance, much the same as the mandatory s~at belt law. B~b Hunter, Assistant City Attorney, reported that there were two p:oposed ordinances for Council review. The ordinances specified tlo types of offenses (establishments and individuals) and also c~lled out prohibited areas, such as elevators, etc. 0 2 City of Den. ton City Council Minutes Meeting of March 4, 1986 Page Two Council Member McAdams suggested that a work session be held prior to the public hearing. Alford motion, Riddlesperger second to hold a public hearing on the no-smoking ordinance at the March 18 Council meeting. Motion carried unanimously. Agenda item 1 was considered. The Council received a resolution from the City of Gainesville to the City of Denton Fire Department in appreciation of their assistance. Rick Svehla, Assistant City Manager, reported that a resolution in appreciation had been received from the Mayor of Gainesville who wished to publicly recognize the assistance which the Denton Fire Department has given. Svehla then presented the resolution to Chief Jack Gentry'. 4. The Council held a discussion of landscape/tree ordinance requirements. Steve Brinkman, Director of Parks and Recreation, reported that any proposed ordinance should address building set-backs. Stall could prepare a draft ordinance and bring back before the Council. Council Member Stephens stated that a member of the Historic Landmark Commission was present to discuss this issue. Ms. Catherine Conrady, member of the Historic Landmark Commission, reported that she had read the Austin ordinance and, in her opinion, it was not totally appropriate for Denton. She felt very strongly that more 'trees should be saved. She would be pleased to support a in anyway and the Commission would be glad to take tree ordinance on the task of preparin~a draft ordinance. She felt trees were a part of the character of a city. Council Membe~ Stephens asked if tree preservation could be required as a condition to zoning. David Ellison, Senior Planner, ~eported that this issue would be before the Planning and Zoning Commission on April Mayor Stewart asked which would be the appropriate City board to review and make a recommendation on the proposed ordinance. Council Member Stephens stated that he felt the Parks and Recreation Board should review and then the Historic Landmark Commission. The Planning and Zoning Commission could then conside~ the o~dinance prior to Council review. 5. The Council received a presentation by the North Texas Fair Association of plans for relocation and construction of an Exposition Center. Mr. James Roden, President of the North Texas Fair Association, stated that the association had begun looking for a new site for the fafrgrounds two years ago. There was no intention to relocate the fairgrounds but rather to sell the existing property and build a multipurpose exposition center. The association had entered into a co~tract to purchase 125 acres behind Denia Park. The sale of the old fairgrounds was contingent on zoning. The association would then purchase the new site. The proposed exposition center could be used for many different functions, such as livestock expositions, boat or car shows or banquet facilities. There would be a plush area for buyers at registered horse/cow sales as well as paved parking for approximately 3,500 cars. One or two amphitheaters would be available. This was a large undertaking and would require large amounts of money. The entire exposition center complex would be planned in stages. 03 City o~ Denton City Council Minutes Meeting o~ March 4, 1986 Page Three Mayor Pro Tem Hopkins stated that he appreciated the efforts o~ the association and the proposed exposition center would enhance the economic development of Denton by increasing revenues for the hotels, restaurants, etc. 6. The Council convened in the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. The Council convened into the Regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Alford, Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and City Secretary ABSENT: None Mayor Stewart introduced Mr. Lloyd Harrell, the new City Manager the City of Denton. Mayor Stewart presented a Proclamation for Social Workers Week. The Proclamation was accepted by Ms. Aileen Short. 1. Consent Agenda Riddlesperger motion, Alford second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid 09576 - 4/0 Cable 2. Bid 09578 - Filter Media for Water Plant 3. Bid 09580 - Insecticides and herbicides 4. Bid 09582 - Water Slide 5. Bid 09584 - Automotive/Industrial Batteries 6. Bid 09586 - 15' Hydraulic Mower 7. Bid 09588 - Pavement Marker 8. Bid 09589 - Refuse Packer Body 9. Bid 09590 - Police Sedans 10. Purchase Order 072232 to T.K.O. Equipment Company in the amount of $12,000.00 B. Final Payment: _ 1. Bid 09433 - Oversize Participation Payment, Parkway Plaza Phase I, Dunning Development corporation, 8" to 27" water line. (The Public Utilities Board recommends approval.) 2. Bid 09298 - Project Finalization - Panhandle Drainage Improvements Bid 09531 - Oversize water line participation to Tony Raposao Greenway Plaza - 8" to 12" in the amount of $11,914.50. (The Public Utilities Board recommends approval.) 04 City of Denton City Council Minutes Meeting of March 4, 1986 Page Four 4. Bid ~9410 - Spencer/Woodrow Connection 5. Bid ~9470 - FY 85 Section A Capital Improvement Water lines, - Dickerson Construction Co. in the amount of $24,249.53 (The Public Utilities Board recommends approval.) C. Tax Refund: 1.Consider a tax refund to Denton Savings and Loan in the amount of $3,143.28 2. Consider a tax refund to Garland Cares in the amount of $961.76 D. Plats and Replats: 1. Approval of preliminary plat of Cooper Landing, Section III, Lots 1-4, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Industrial School Addition, Lot 8R, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary replat of the Summit Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) The Council then considered the first emergency agenda addendum. The Council considered approval of a resolution in support of the North Texas Fair Association's concept of the relocation of the existing fairgrounds and the construction of a multipurpose exposition center. City Manager Lloyd Harrell reported that a presentation on this item had been given at the work session. The following resolution was presented: RESOLUTION WHEREAS° the North Texas Fair Association and their Board of Directors have determined, after much deliberation, that the existing fairgrounds are inadequate to serve the community's needs, and that the construction of a multipurpose exposition facility is necessary and desirable: and W~IEREAS, the City Council is of the opinion that the construction of such a multipurpose exposition center would benefit the community and increase the economic development of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby supports the concept of the relocation of the existing fairgrounds and the construction 'of a multipurpose exposition center proposed by the North Texas Fair Association and supports the efforts of the Fair Association in this regard. SECTION II. That this resolution shall become effective immediately upon its passage and approval. City of Denton City Council Minutes Meeting of March 4, 1986 Page Five PASSED AND APPROVED this the 4th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye", Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. The Council then considered the second emergency agenda addendum. The Council considered approval of a resolution in appreciation of Dr. Huey and declaring March 7, 1986 as Mary Evelyn Blagg Huey Day in the City of Denton. The following resolution was presented: RESOLUTION IN APPRECIATION OF "MARY EVELYN BLAGG HUEY" WHEREAS, for more than fifty years, Mary Evelyn Blagg Huey has been a resident and citizen of Denton: and WHEREAS, her citizenship has been characterized by service to the community through her work for educational, governmental, civic, social, business, and religious organizations: and WHEREAS, as the first woman President of the Texas Woman's University she has represented Denton and her alma mater throughout the nation and the world: and WHEREAS, the Board of Regents of the Texas Woman's University, the largest university for women in the United States, has recognized her achievements and service by naming the university library constructed during her administration for her; NOW, THEREFORE, be it resolved that the City Council of the City of Denton hereby declares March 7, 1986, as "MARY EVELYN BLAGG HUEY DAY" in Denton, Texas, and that the citizens of Denton loin with _ the Texas Woman's University, the Mayor of Denton. and the Denton City Council in celebrating her accomplishments and in expressing appreciation for her leadership. PASSED AND APPROVED this the 4th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS City o~ Denton City Council Minutes Meeting o~ March 4, 1986 Page Six ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alford motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye", Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. The Council. then returned to the regular agenda order. 2. The Council considered approval of a request by central business district representatives to close the 100 block of North Elm. West Oak, North Locust and West Hickory (The Square) and Hickory from Bell to the railroad tracks on June 21, 1986 from 6:00 a.m. until 8:00 p.m. for County Seat Saturday. Mr. Frank Davila, Chairperson of the Denton Sesquicentennial Committee, stated that the businesses on the downtown square were requesting this closing. Another portion of streets to be closed was in front of the Visual Arts Center for Saturday and Sunday, June 21 and 22. Stephens motion, Chew second to approve the request. Motion carried unanimously. 3. Tl~e Council considered approval of a request by the Denton Lion's Club to solicit funds on March 15 and March 16 for the Lion's Organ and Eye Bank of Texas. Mr. Carrington, representing all of the Lion's Clubs in Denton, stated that March 14 through 23 was White Cane Week. The club was requesting to solicit funds at Carroll Boulevard and Oak Street, Carroll Boulevard and Hickory Street and Carroll Boulevard and Eagle Drive. The correct dates for the fund drive were March 15 and 22. McAdams motion, Hopkins second to approve the request. Motion carried unanimously. 4. Public Hearings A, The Council held a public hearing on the petition of Terry Walker, representing Robert Caraway, requesting a specific use permit on property presently zoned Neighborhood Service (NS). The property is located at 1305 1-35E and shown in the E. Puchalski Survey, Abstract 996. If approved, the specific use permit would allow the operation of an antique and collectible shop in a neighborhood service zoning district. S-186 The Mayor opened the public hearing. Mr. Terry Walker, the petitioner, spoke in ~avoc stating that he intended to operate an antique shop at the location to sell antiques, furniture, collectibles, glassware, etc. He had rented the building in October and did not realize the zoning was inap- propriate for his business and a specific use permit would be required. He had spent two months completing renovations on the structure. He did not feel there were any problems but did understand, that antique shops ~ell in the same zoning category as salvage yards. City of Denton City Council Minutes Meeting of March 4, 1986 Page Seven No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 15 reply forms had been mailed with 4 returned in favor, 0 in opposition 1 undecided and 4 in favor were received from persons who were not on the notification list. This was a low intensity area and was primarily reserved for single family use. The current zoning exceeded the intensity by 78%. This was an unusual case as the building had previously been used as a boot store. There would not be an increase in the intensity in the area. Mr. Walker would utilize the existing structure and had made improvements. The access points did not meet the subdivision rules and regulations: there was one curb cut on the 1-35 service road and one curb cut on Knight Street for dumpster service. 1. The Council considered adoption of an ordinance approving a specific use permit at 1305 1-35E. The following ordinance was presented: NO. 86-42 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR AN ANTIQUE SHOP; PROVIDING FOR THE REFERENCING OF SUCH USE ON 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 0.318 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED AT 1305 INTERSTATE HIGHWAY 35E, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Stephens motion, McAdams second to adopt the ordinance with the conditions as attached by the Planning and Zoning Commission. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Rick Horn, representing H. Ross Perot, Jr., requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 25.6 acre tract located on the south side of U.S. Highway 77 at its intersection with proposed State Highway Loop 288. The property is further described as a tract in the Nathan Wade Survey, Abstract 1407. If the request is approved, the following retail and office land uses will be permitted: office, hotel, bank, movie theatre, gasoline service station, public or private park or open space, parking lot or garage, medical center or hospital, convenience store, retail shops, and shopping center. Z-1780 The Mayor opened the public hearing. Mr. Roy Wilshire, representing the petitioner, spoke in favor and presented an artist's rendering of the pro~ect. The petitioner was willing to accept the conditions as recommended by the Planning and Zoning Commission. A representative of the Union 76 Truck Stop spoke in opposition stating that a detailed traffic study should be completed. There was heavy traffic in the area and he was concerned about traffic congestion and traffic control. Mr. Wilshire rebutted that the extension of Loop 288 would provide access to the site. City of Denton City Council Minutes Meeting of March 4, 1986 Page Eight The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 7 reply forms had been mailed with 2 returned in favor and 0 returned in opposition. This was a high intensity areas and the Denton Development Guide specified balanced land uses. The proposed development intended to provide over 300 acres of mixed land uses. The Planning and Zoning Commission had considered the petition on February 12 and had recommended approval with conditions. Mayor Stewart asked if a traffic study would be done. Spivey ~esponded that the developer would submit a general development plan which would include information on how access would be provided. If warranted, a traffic study would be done. Council Member Stephens asked if the traffic study could be completed prior to the presentation of the zoning ordinance. Spivey responded that a site plan would have to be submitted prior to the issuance of building permits. The site plan would go before the Planning and Zoning Commission and the City Council. Mayor Pro Tem Hopkins stated that this would be the intersection of two ma~or highways and the state should also be interested in a traffic study. Hopkins motion, McAdams second to approve the petition. Motion carried unanimously. C. The Council held a public hearing on the petition of Tim Homer requesting a change in zoning from the agricultural (A) classification to the light industrial (LI) district on a 3.5 acre tract located on the south side of U.S. Highway 380 approximately 1,500 feet east of Masch Branch Road. The property is further described as a tract in the William Bryan Survey, Abstract 128. If the request is approved, the property may be utilized for any use permitted ~n the light industrial district by the City of Denton zoning ordinance. Z-1783 The Mayor opened the public hearing. Ms. Dixie Laidlaw, representing Mr. Homer, spoke in favor stating that the site has been used in the past as a cattle auction facility. All inquiries on the property had been for light industrial uses. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the property was along a major highway and adjacent property use was light industrial. The site was within the airport regulation area and was current use was predominantly agricultural. There were 4 reply forms mailed with 0 returned. 1. The Council considered adoption of an ordinance approving .a change in zoning on a 3.5 acre tract located on the south side of U.S. Highway 380 approximately 1,500 feet east of Masch Branch Road. The following ordinance was presented: NO. 86-43 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 3.5 ACRES OF City of Denton City Council Minutes Meeting of March 4, 1986 Page Nine LAND SITUATED IN THE WILLIAM BRYAN SURVEY, ABSTRACT NO. 148, DENTON COUNTY, TEXAS, BEING LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 380 APPROXIMATELY 1,500 FEET EAST OF MASCH BRANCH ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF: PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council held a public hearing on the petition of Stephen Des Jardins, representing the James M. Brown Company, requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 74.97 acre tract located at the northeast corner of the Interstate Highway 35N service road and Payne Drive. The property is further described as a tract in the Francis Batson Survey, Abstract 43. The following land uses are proposed for the development: Office - 16.75 acres Neighborhood Service - 4.00 acres Cluster Housing - 219 units on 18.34 acres with a density of 11.9 units per acre Single Family - 91 units on minimum 10,000 square foot lots on 27.74 acres with a density of 3.3 units per acre Single Family - ll units on minimum 16,000 square foot lots on 6 acres with a density of 1.9 units per acre Park - 2.17 acres Z-1788 The Mayor opened the public hearing. Mr. Stephen Des Jardins, representing the owner Mr. Archie Payne, spoke in favor stating that this proposed development had been before the Planning and Zoning Commission 3 times and the developers had met with the neighbors 5 times. The design had been dramatically changed. He presented a market survey which showed the current supply of various types of housing. The Planning and Zoning Commission had a split vote on the petition: the neighbors were in favor and the developer felt it was a good plan. Council Member Stephens asked how far the proposed development was from the subdivisions to the south. Mr. Roger Barrett, Metroplex Engineering, responded approximately 1,000 feet. Council Member Riddlesperger asked if Payne Drive connected to Windsor Drive. Mr. Des Jardins responded it did not at the present time: however, the development would tie Payne Drive into Windsor Drive, Mr. Roger Barrett, Metroplex Engineering, spoke in favor and presented an overhead pro~ection of the planning considerations. He had analyzed the project with an eye to buffering. The concept plan was to buffer the intensity down and use landscaping and green space. A retention pond would be used as a passive park. Few existing utilities were on the tract. A slide was shown on the landscape buffers and fencing proposed. Mr. Barrett then gave a comparison of this pro~ected development and the existing Greenway Estates land uses. City of Denton City Council Minutes Meeting of March 4, 1986 Page Ten Council Member McAdams asked if the market survey did not show that office space was already available in Denton. Barrett responded yes. Council Member McAdams stated that she was concerned about this development tieing in to the office space already in place along 1-35. Barrett responded the primary concern was the noise along 1-35. Council Member McAdams stated that it was not impossible to build other types of units along a highway. Mayor Pro Tem Hopkins asked about Payne Drive. Barrett responded Payne Drive would be improved approximately 450 feet to be used as a collector street. This would allow people an alternative to the 1-35 service road. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that 12 reply forms had been mailed witt% 4 returned in favor and 0 in opposition. This project had been on the drawing board for over a year. It had been rejected two times by the Planning and Zoning Commission. Staff did not feel that office space was needed as there were vacant offices all over Denton. Condominiums or apartments could be used next the 1-35. Chew motior[, McAdams second to deny the petition. Council Member McAdams stated that she felt it was a mistake to have a strip of offices. Council Member Stephens stated that the residents of Greenway Club Estates felt the office complexes on Thunderbird added to the neighborhood but were concerned about the space between Payne Drive and Greenway. This property would have to be zoned single family (SF-IO). Mayor Pro Tem Hopkins stated that there was a need to move towards a tie-in to Payne Drive. Council Member McAdams stated that denial of this petition did not mean that only SF-10 zoning could be given to this particular lot. Mayor Pro Tem Hopkins stated that the Council should not get into the habit of reserving intensity. Mayor Stewart asked what the Council would want on this parcel - industrial, office, etc. Mayor Pro Tem Hopkins stated that the proposed development would not cause as many vehicle trips. Des Jardins stated a proposed for multi-family use as a buffer would not received the support of the neighborhood. If zoned SF-10, the property would not be developed in 10 years because of an approximate $1.2 million dollar utility costs. Mayor Stewart asked who would do the building. Des Jardins responded he did not know; the property would be broken up into parcels. His interest was for quality development. Motion to deny failed 5 to 2 with Council Members Hopkins, Stephens, Alford, Riddlesperger and Mayor Stewart casting the "nay" votes. City of Denton City Council Minutes Meeting of March 4, 1986 Page Eleven Hopkins motion, Alford second to approve the petition. Motion to approve carried 5 to 2 with Council Members McAdams and Chew casting the "nay" votes, E. The Council held a public hearing concerning the request of Teasley Road Associates and the City of Denton for proposed annexation of approximately 125.25 acres beginning at Kings Road and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road A-33. The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that 6 reply forms had been mailed with 0 returned in favor and 1 returned in opposition. This annexation was primarily voluntary and the purpose was to seek zoning and City services. The next action on this item was to institute annexation on March 18. Plans of service were available. Mr, Virgil Strange, managing partner for Teasley Road Associates, spoke in ~avor. Mr. Bob Sikeso represent the Oak Bend Homeowners Association, spoke in opposition stating that they were not opposed to the annexation but rather were concerned about the development. They wished for the trees on the property to be saved, The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion carried unanimously. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-44 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-45 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes Meeting of March 4, 1986 Page Twelve Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving an easement abandonment (Southridge Village Shopping Center and J.W. Erwin Replat). Bob Nelson, Director of Utilities, reported that agenda items C and D were routine abandonments. The easements had been purchased from Texas Power and Light: no lines were in place. The following ordinance was presented: NO. 86-46 AN ORDINANCE OF THE CITY OF DENTON° TEXAS, ABANDONING AND VAEATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN: AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an easement abandonment (Al McNatt Property). The following ordinance was presented: NO. 86-47 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN: AND DECLARING AN EFFECTIVE DATE. Chew motiol~, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance and service plan annexing 765.1 acres situated in the M.E.P. & P.R.R. Survey, Abstract 1470; the E.F. Anderson Survey, Abstract 16; the E.A. Orr Survey, Abstract 983; the G.W. Anderson Survey, Abstract 12: the M.E.P. & P,R.R. Survey, Abstract 1502: and the T & P Survey, Abstract 1302, Denton County, Texas: being part of a tract known as the Golden Hoof Ranch and beginning south of U.S. Highway 380, east of FM 156, and west of Egan Road A-32. The following ordinance was presented: NO. 86-48 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ~)JACENT TO THE CITY OF DENTON, TEXAS: BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 765.1 ~]RES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE E. A. ORR SURVEY, ABSTRACT NO. 983; THE T & P RAILROAD SURVEY, ~3STRACT NUMBER 1302: THE MEP & PRR CO. SURVEY, ABSTRACT N~/MBER 1470: THE MEP & PRR CO. SURVEY, ABSTRACT NO. 1502: THE E. F. ANDERSON SURVEY, ABSTRACT NO. 16: AND THE G. W. ANDERSON SURVEY, ABSTRACT 12, DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. 13 City of Denton City Council Minutes Meeting of March 4, 1986 Page Thirteen Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 614.6 acres being part of the E. Pickett Survey, Abstract 1018, the N. Britton Survey, Abstract 51, the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 1085, and the B. Rogers Survey, Abstract 1101, and beginning north of Old Alton Estates, south of Ryan Road, west of FM 2181, and east of the G.C. & S.F. Railroad A-30. The following ordinance was presented: NO. 86- 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 614.6 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE E. PICKETT SURVEY, ABSTRACT NO, 1018; THE N. BRITTON SURVEY, ABSTRACT NO. 51: THE J. ROGERS SURVEY, ABSTRACT NUMBER 1084: THE J. ROGERS SURVEY, ABSTRACT NO. 1085; AND THE B. ROGERS SURVEY, ABSTRACT NO. 1101: DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL 'la" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart abstained. Motion carried 6 to 0 with Mayor Stewart abstaining. G. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the request of Bellaire West Partners for annexation of approximately 103.2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road A-34. David Ellison, Senior Planner, reported that the first public hearing would be held on March 18, the second public hearing would be held on April 1. Institution of annexation proceedings would be held on April 15 and final action would be taken on May 20. The following ordinance was presented: NO. 86-49 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance setting a date, time and place for public hea~ings on the proposed annexation of certain property as described in exhibit "A" attached hereto by the City of Denton, Texas, and authorizing and directing the Mayor to publish notice of such public hearings. David Ellison, Senior Planner, reported that the first public hearing would be held on March 18, the second public hearing would be held on April 1. Institution of annexation proceedings would be held on April 15 and final action would be taken on May 20. 14 City of Denton City Council Minutes Meeting of March 4, 1986 Page Fourteen The following ordinance was presented: NO. 86-50 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. I,, The Council considered adoption of an ordinance amending Ordinance No. 85-119 to provide for a corrected legal description of the property thereby rezoned; and providing for an effective date Z-1745. The following ordinance was presented: NO. 86-51 AN ORDINANCE AMENDING ORDINANCE NO. 85-119 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously. J. The Council considered adoption of an ordinance approving a change in zoning from the single family (SF-7) classification to the planned development (PD) district to permit the construction of office buildings on a 1.2 acre tract located on the east side of Carroll Boulevard approximately 500 feet south of Eagle Drive Z-1764. David Ellison, Senior Planner, reported that this petition had been approved in September, 1985. The property was already platted, building plans had been submitted to staff and all was ready to go. Public heatings had been held on the zoning and had been approved. The following ordinance was presented: NO. 86-52 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, AS AMENDED, AND AS SAID MAP APPLIES TO 1.1 ACRES OF LAND LOCATED ON THE EAST SIDE OF CARROLL BOULEVARD APPROXIMATELY 500 FEET SOUTH OF EAGLE DRIVE, AND IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE- FAMILY "SF-7" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 15 City of Denton City Council Minutes Meeting of March 4, 1986 Page Fifteen 6. Resolutions A. The Council considered approval of a resolution accepting the donation of $12,000.00 from Mr. Clordie Branch for the express purpose of aiding and contributing to the construction of a community rec£eational center. Council Member Chew expressed appreciation and thanks from the entire City Council and the City of Denton to Mr. B~anch for his donation. A recreational center in th~s area would be a worthwhile asset to the community and was sorely needed. The following resolution was presented: RESOLUTION WHEREAS, Clordie Branch is desirous of donating the sum of Twelve Thousand Dollars ($12,000.00) to the City of Denton for the express purpose of aiding and contributing to the construc- tion of a community recreational facility to be located at the intersection of Morse, Newton and Wilson Streets for the benefit of the citizens of Denton: and WHEREAS, the City Council is desirous of accepting such gift and acknowledges that said sum of money shall be used in accordance with the express wishes of Mr. Branch: NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton hereby accepts the donation of Twelve Thousand Dollars ($12,000.00) by Mr. Clo~die B~anch and hereby agrees that said sum of money shall be appropriated solely for the purposes of constructing a community recreational facility at the intersection of Morse, Wilson and Newton Streets, said property being more particularly described as follows: All that certain lot, tract or parcel of land out of the Jonathan Brock Survey, Abstract No. 55, Denton County, Texas: BEGINNING at the southeast corner of a tract of land conveyed to J. Homer Kerle¥, which beginning point is 161.5 varas east of the southwest co~ner of the Jonathan Brock Su£vey: THENCE west with the south boundary line of the Jonathan Brock Survey, 100 varas to the southeast co=net of a 1-acre tract known as the Jerry Jackson Tract: THENCE north with the east boundary line of the Jackson Tract, 89.8 varas to corner: THENCE west with the north boundary line of the Jackson Tract 61.5 varas to a corner in the west boundary line of the Jonathan Brock Survey; THENCE north with the west boundary line of the Jonathan Brock Survey, 135.7 varas to a corner in the no~th boundary line of a t~act conveyed to Pemberton and wife to J. Homer Kerley: THENCE east with the north boundary line of said tract 153 varas to the northeast corner of said tract: THENCE south with the east boundary line of said tract conveyed by Pembe[ton to J. Homer Kerley 229.5 varas to the place of beginning. 1 6 City of Denton City Council Minutes Meeting of March 4, 1986 Page Sixteen SECTION II. The sum of Twelve Thousand Dollars ($12,000.00) shall be placed in Account No. 809-000-6776. SECTION III. The City Council hereby expresses its appreciation to Mr. Branch and the City Secretary is hereby directed to mail a copy of this resolution to Mr. Branch and Council member Mark Chew. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM'[ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered approval of a resolution closing Oak Street (north side of the square) between Elm and Locust on April 18, 1986 from 7:30 p.m. until 12:00 midnight for a Sesquicentennial dance. The following resolution was presented: RESOLUTION WHEREAS, on Friday, April 18, 1986, the Sesquicentennial Committee is sponsoring a dance to be held on Oak Street (north side of the square) between the intersections of Elm Street and Locust Street: and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street: and WHEREAS, the Sesquicentennial dance is open to the general public of the City and County of Denton: and WHEREAS, in order to provide adequate space for the said dance 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 Oak Street between Elm Street and Locust Street from the hours of 7:30 P.M. until 12:00 A.M. on April 18, 1986: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: 17 City of Denton City Council Minutes Meeting o~ March 4, 1986 Page Seventeen SECTION I. That Oak Street between Elm Street and Locust Street shall be temporarily closed as a street or public thoroughfare of any kind or character whateve£ on April 18, 1986 from 7:30 P.M. until 12:00 A.M. for the purpose of holding a Sesquicentennial dance. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 12:00 A.M. on April 18, 1986. SECTION III. That this resolution shall take effect and be in full force and effect from and after the date o~ its passage and approval. PASSED AND APPROVED this the 4th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing a portion of Fry Street between Oak Street and Hickory Street from 8:00 a.m. until 6:30 p.m. on April 19, 1986 for the annual Spring Renaissance. Mr. Ted Norman, President o~ the Sigma Alpha Mu fraternity, stated that the 8th annual Spring Renaissance would benefit the United Way. Last year the fraternity had contributed $1,000 to the United Way. He understood that there had been complaints in the past regarding litter: however, last year the fraternity sent out two crews to clean up after the event, Council Member McAdams asked Mr. Norman if he was aware that the businesses on Fry Street objected to the fair due to loss of customers when the event was held on Saturday. Norman responded that the fraternity would prefer to hold the fair on Sunday but the church objected. Council Member McAdams stated that it had been discussed last year that the fair should be moved to another location. Norman responded that the fraternity could not pay the costs associated w~th renting another facility. Council Member Riddlesperger asked if Mr. Norman did not understand that the City Council wanted this fair moved onto the campus at North Texas State University. 8 City of Denton City Council Minutes Meeting of March 4, 1986 Page Eighteen Council Member McAdams stated that she personally felt the fair was worthwhile but should be moved away from the church and the businesses. There were university facilities, such as the Arts Building or Industrial Arts Building parking lots, which were in the area and could be used. She also stated that there was a street by the Pizza ]Hut and Jack in the Box which was away from the church and might be appropriate. Norman responded there would still be a need for electricity and the restroom facilities at the fraternity house. Council Member McAdams asked if all parties except the church were in agreement on holding the fair. Norman responded that 1800 people had signed a petition at last year's fair in support of the event. Council Member McAdams asked Mr. Norman to please check for alternatiw~s. She was sympathetic to the students and felt they were an asset to the community but she was also sympathetic to the needs and wishes of the church and the businesses. Mayor Stewart stated that the students were a part of the Denton community life; however, the fraternity should try to find another location and make peace with the businesses and the church. Council Member Alford stated that several businesses were concerned about the 'fair being held on Saturday and closing the street. Chew motion, McAdams second to table the request until March 18. Motion to table carried unanimously. D. The Council considered approval of a resolution authorizing the Mayor to execute a pipe line license agreement between the City of Denton and the Missouri-Kansas-Texas Railroad Company. Bob Nelson, Director of Utilities, reported that this was another routine time. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated March 1, 1986, between the City of Denton and the Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one twenty-four inch (24") sanitary sewer pipe line at Mile Post K-725.07, Denton County. Texas. PASSED AND APPROVED this the 4th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 19 City of Denton City Council Minutes Meeting of March 4, 1986 Page Nineteen Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alfo~d "aye," R~ddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 7. There was no official action on Executive Session items of legal matters, real estate, personnel and board appointments. 8. No items of New Business were suggested by Council Members for future agendas. 9. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken, With no further items of business, the meeting was/adjourned. ! - CHARlOTtE ALLEN, CITY SECRETARY 1723g 20 City Council Minutes March 18, 1986 The Council convened into the work session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Richard Stewart: Mayor Pro Tem Hopkins: Council Members Alford, McAdamso Riddlesperger and Stephens ABSENT: Council Member Chew 1. The Council held a discussion of possible allocation of a 1% hotel/motel occupancy tax for the North Texas State Fair Association exposition center. Lloyd Harrell, City Manager, stated that the Fair Association was requesting a 1% increase of the hotel/motel occupancy tax and that the increase be allocated to the Association for an exposition center. Initial use of the funds would be for advertising and front-end planning work. The planning of the exposition center was not a short-term undertaking requiring, among other things, two zoning change requests and a buyer for the existing property. Harrell stated that currently the City levies a 6% tax - 3% to the Convention and Visitors Bureau, 3% for the Cultural Federation. State law allows the City to go up to a 7% tax, and the additional 1% tax was proposed to go to the Fair Association. The additional 1% tax increase would net approximately $50,000 per year. Harrell told the Council that 1% of the allocation for the Denton Arts Council would be returned to the City when the arts project was completed. He stated that there were other needs for the funds such as the Civic Center improvements and economic development needs. Mr. Harrell asked the Council for direction on this matter. He stated that if the Council desired to move ahead on the ordinance, the staff needed to know, so that a legally correct contract could be prepared. He also asked the Council that if they desired to proceed, it would be helpful if the Council indicated a strong sentiment that the 1% would come back to the City in later years for the Civic Center. Jim Roden of the Fair Association addressed the Council. He introduced Mr. Troy LaGrone of the Board of Directors, Denton Arts Council. Mr. LaGrone read the Council a letter of support for the Fair Association. He also stated that he knew that the area neighborhood would also support the new exposition center and moving of the fair out of that area. Mayor Stewart asked how long the Fair Association felt it would need the 1% funding. Jim Roden replied that it was not easy to predict at this point in time. He stated that the Association did not know how fast the project would move along. He stated that the Association already had new property and that the Fair could be moved as soon as the old property was sold. He stated that the Association had a 5-year option on the new land and that the Association was committed to the new facility. He added that all of the major hotels in the area had said that the activities of the Fair enhanced their operations and were in support of the new facility. Council Member Riddlesperger stated that he was enthusiastic about the concept and that it could be one of the greatest things to happen to Denton. He asked Mr. Roden what the cost of the exposition center was going to be. Mr. Roden replied that it would be similar to Austin's and would be approximately a $10 million project, including the land. Council Member Chew joined the meeting. 9 1 City of Denton City Council Minutes ~ ~ March 18, 1986 Page 2 Stephens motion, Hopkins second to instruct staff to prepare an ordinance raising the hotel/motel occupancy tax 1% and that those funds be allocated for the North Texas State Fair Association exposition center. Council Member Hopkins stated that this was a fantastic project and that Denton had a real need for this type of pro~ect, Mayor Stewart stated that the City did hope and plan that some day the Fair Association would be self-supporting and, somewhere along the line, the 1% would return to the City. Motion passed unanimously. 2. The Council held a discussion on a proposed planned development ordinance. David Ellison. Senior Planner, stated that the staffs of the Planning Department and Legal Department ha~ been working six months or more on this proposal. The general purpose of the proposal was to clean up administrative problems with existing planned development stipulations. He stated that many existing planned developments were being subdivided, which was causing problems. Council Member Stephens asked about a reversion clause. Cecile Carson, Urban Planner, stated that the new ordinance would not have such a clause, but, rather, each case would be reviewed on an individual basis. She stated several differences between the existing and proposed ordinance: (1) size differences, (2) a site plan would be presented early in the development, (3) the vagueness of the existing ordinance would be eliminated, with the new ordinance listing different requirements that must be done, and (4) the final development plan could be used as a preliminary plat. Ms. Carson asked if the Council had other items they wanted included in the ordinance. Council Member Stephens stated that he was glad to see this come about and asked if this would force developers to have serious plans up front. Carson replied yes - the new ordinance would clarify development planning. Mayor Stewart asked if Community Development had any plan to revert or review planned developments that were not completed at this time. Carson replied that, at this time, there were no plans to do that, but if the Council wanted them to, they would do it. Debra Drayovitch, City Attorney, stated that a planned development was suppose~to be lust that - "planned", so that Utilities and the infrastructure would be able to plan for the future. Right now, it was not like that, Ellison stated that three things were needed for Denton: a change in the cumulative zoning process, a reviewed planned development ordinance, and a new zoning ordinance with performance standards. This ordinance would be a good start for those changes. 3. The Council held a discussion of the proposed 1986-87 budget calendar. 2 City of Denton City Council Minutes March 18, 1986 Page 3 Lloyd Harrell, City Manger, reviewed a memorandum presented to the Council. He stated that the first item on the memo indicated new steps for the budget process for the Council. A questionnaire would be sent to the Council for early input. The second item indicated that around June 24-25, after the staff deliberated, but before formal budget hearing, the staff would identify major budget issues that are emerging and offer alternatives for them. The staff would then ask for input from the Council. Harrell stated that these changes would require early input from the Council, but should be very helpful. The last three items on the memo were additional information for a clearer bu6get. Council Members Hopkins, Chew and McAdams stated that the new procedures looked very good. 4. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. The Council convened into the Regular Meeting in the Council Chambers. PRESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Alford, Chew, McAdams, Riddlesperger and Stephens ABSENT: None 1. Consent Agenda Stephens motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids: 1. Bid % 9585 - Tires and tire repairs B. Plats and Replats: 1. Approval of preliminary and final replats of the Fry Addition, Lot 2R, Block 3, and part of the Kwik Kar Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Bethel Temple Parsonage Addition, Lot l, Block (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Fred Moore Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the McKinney Street Baptist Church Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Final Payments: 1. Consider approval of final payment on the Stanley Thomas Drainage Project (Bid No. 9454) to Bar Constructors, Incorporated, in the amount of $60,926.84. City of Denton City Council Minutes -- -- March 18, 1986 Page 4 D. Contracts: 1. Consider approval of a contract between the City of Denton and the Texas Department of Community A~fairs for $100.000 for rental housing rehabilitation. E. Tax Refunds: 1. Consider approval of a tax refund to Stewart Title of Denton County, Inc., in the amount of $662.04. 2. The Council considered approval authorizing the Spring Fling Committee to hang banners advertising the 1986 Spring Fling over various city streets. Ha~lan Jefferson, Administrative Assistant - Finance informed the Council that, as in the past, the Spring Fling was requesting permission to hang banners on various city streets advertising the Spring Fling. The Spring Fling will be April 18, 19 and 20. Two banners would be hung north of the Square on M and Locust Streets, two On Carroll Blvd., and two on Bell Avenue. Hopkins motion, Chew second to approve the request as presented. Motion carried unanimously. 3. The Council considered removing from the table the resolution temporarily closing a portion of Fry Street for the annual Spring Renaissance. Riddlesperger motion, Hopkins second to remove the item from the table. Motion carried unanimously. 4. The Council considered approval of a resolution temporarily closing a portion of Fry Street between Oak Street and Hickory Street from 8:00 a.m. until 6:30 p.m. on April 19, 1986 for the annual Spring Renaissance. Ted Norman spoke on behalf of the Renaissance. He stated that the Renaissance proceeds benefited the United Way of Denton and asked that the Council consider approval of closing the street. He stated that the Fair had considered alternate sites and date, Sunday, and had spoken to the pastor of Grace Temple Baptist Church. The pastor, along with other merchants in the area, had given their approval of Sunday, April 27. Certain stipulations were given with the consent of the church and merchants: one merchant wanted the Fair to help pay for security, so no one got on his roof this year; the church wanted the Fair to clean up after the events were over, not start the music until church services were over around 12:15 p.m., not allow parking on the church lot. The dates for the Fair would be changed to April 27 with a rain date of May 4. Riddlesperger motion, Chew second to approve the request with the above stipulations included. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddle~perger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. Council Member McAdams stated how much she appreciated the cooperation of the parties involved and especially the cooperation of Grace Temple Baptist Church in giving the Fair an opportunity. Council Member Hopkins agreed with McAdams and stated that there was an agreement everyone could be proud of and could move on with it. 4 City of Denton City Council Minutes March 18, 1.986 Page 5 5. Public Hearings A. The Council held a public hearing to consider adoption o~[ an ordinance amending Appendix-B Zoning of the Code of Ordinances of the City of Denton, Texas, to allow art galleries and museums in residential districts by specific use permit. The Mayor opened the public hearing. Mr. Bullit Lowrey, Chairman of the Denton County Historic Commission, spoke in favor of the petition. He stated that a specific proposal would be coming to the Council should this proposal be passed and that he would like to reserve his remarks for that occasion. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that this was a request to amend the City's zoning ordinance to permit art galleries and museums in single family districts. She stated that the key to the change was that it would be done only with a specific use permit which would give the Planning Commission and the City Council a chance to review site plans for each specific instance, and the Council could consider each request on an individual basis. The Council could also impose development conditions on these sites it felt were necessary to protect neighbors and property owners in the surrounding areas. A time period could also be attached as a condition to this type of specific use permit. 1.. The Council considered adoption of an ordinance amending A.ppendix-B Zoning of the Code of Ordinances of the City of Denton° Texas, to allow art galleries and museums in residential districts by specific use permit: providing for a penalty in the maximum amount of $1,000.00 for violations thereof. The following ordinance was presented: NO. 86-53 AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO ALLOW ART GALLERIES AND MUSEUMS IN RESIDENTIAL DISTRICTS BY SPECIFIC USE PERMIT: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: ~gD PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council held a public hearing concerning the request of Bellaire West Partners for annexation of approxi- mately 103.2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road (A-34). The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor of the petition. He stated that this was a voluntary annexation with a request for light industrial zoning request in the works. One reply form was mailed, zero returned. The Planning and Development Department had no prdblem with this request, as there is no existing population or structures that would be affected. 25 City of Denton City Council Minutes March 18, 1986 Page 6 No one spoke in opposition. The Mayor closed the public hearing. Stephens motion that the Council proceed, McAdams second. The motfon carried unanimously. C. The Council held a public hearing concerning the proposed annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2: W. Burleson Survey, Abstract 93; J. Burleson Survey, Abstract 91: S. M. Williams Survey, Abstract 1282: J. Carter Survey, Abstract 237: W. Pogue Survey, Abstract 1013: and the F. Jaime Survey, Abstract 664, and beginning east of 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of FM 2164 (A-40). The Mayor opened the public hearing. David Ellison, Sen~or Planner, reported that 10 reply forms were mailed, zero were returned in favor and two in opposition. He stated that this area had a potential for development and that the City needed to protect its water resources which was the justification for the annexation. The City was proposing to extend its ETJ as far as possible without affecting its neighbors, such as Sanger. He stated that Planning staff did not know all of the legal implications of the actions that had been taken by Sanger. He stated that control of development in this area was critical, and he cited an example of a proposed development in this general area which was considering using septic package plants which would be very detrimental to our lakes and future water sources. Council Member Stephens asked if a creek in the area could be used as a natural boundary for the ETJ. Ellison replied no, that they try to use existing roads and existing survey lines as natural boundaries which make it easier to write legal descriptions. George Olfson spoke in opposition. He owned some land beyond Clear Creek and felt that all required services for that area were already there. He felt that the area did not need further services, that the annexation would not improve the situation in that area. M. C. Butch spoke in opposition. He stated that the newly annexed property would not increase fire and police protection. Without any extra fire or police protection, what was offered the newly annexed areas besides increased taxes? The Mayor closed the public hearing. Ellison added that the next public hearing would be April 1, 1986. Council Member McAdams stated that the City was trying to protect its future water supply by annexing this area. A finger was extended not intended to bring in revenue through taxes, but rather so that the City would be in control of that land in order to ensure what type of development goes into that area. Mayor Stewart added that the City of Fort Worth was having a problem with its water supply, due to many septic tanks in the developments around the lake and that they were polluting the water supply. City of Denton City Council Minutes March 18, ].986 Page 7 Council Member McAdams replied that once the septic systems were in, it was too late to have them removed, and this annexation was an attempt to ensure that it would not happen in Denton. McAdams motion, Chew second to continue proceedings. Motion carried unanimously. D. The Council held a public hearing to consider adoption oil an ordinance designating certain retail establish- ments, public buildings, and food establishments as nonsmoking areas: providing sign requirements: providing minimum standards for nonsmoking areas: requiring written policies implementing this artic].e; and prohibiting smoking in designated nonsmoking areas. The Mayor opened the public hearing. Alton Dons'bach read a statement from his wife, Roberta, in strong support of the ordinance. The letter read that life would be easier for smokers and nonsmokers. The smokers would know clearly where they could dine and smoke without interruption, and the nonsmokers would be able to move about in public places without being caught in a line behind a smoker. The letter also stated that the ordinance was fair and reasonable. Carol Hyatt spoke in favor of the ordinance. She hoped that the ordinance would pass so that nonsmokers would have their rights. P. H. Chumbly spoke in favor of the ordinance. He stated that he was against smoking in public places. He hoped the Council would pass the ordinance. Bob Gorton, Director of Hospital Safety for Flow Hospital, spoke in favor of the petition. He stated that the proposed smoking ordinance was exactly the same as the policies Flow already had, but that Flow lacked enforcement of their policies. With this ordinance, Flow would have a method to esforce their own policies. Council McAdams asked if Flow fit into a retail or service establishment. Gorton replied that, at this point in time, Flow was still owned by the City and County, and everything proposed for a City office would fall within those guidelines. Debra Drayovitch, City Attorney, stated that there were specific guidelines in the draft that addressed hospitals, not only Flow, but also Westgate and First Texas. Roz Seidenstein spoke in favor of the petition. She stated that research showed that smoking was hazardous to smokers and nonsmokers as well. She also stated that she and some of her friends would not frequent certain establishments in Denton due to the problems with smoking. She believed that the ordinance would retain the rights of those who did smoke and those who did not. Joyce Palmer spoke in favor of the petition. She stated that smoking was very apparent at the Golden Triangle Mall. She said that her not smoking was not going to harm anyone's health, but that smokers could hurt her health. LaVon Fulwiler spoke in favor. She had always been proud of Denton because of its clean air, but, in recent months, it had gotten very bad. She heartily encouraged the passing of this ordinance. City of Denton City Council Minutes 2 7 March 18, 1986 Page 8 Shirley Grafa spoke in opposition to the petition. She stated that she had an allergy to strong perfumes and colognes, but didn't think that an ordinance would ever be passed that prevented people from wearing perfumes and colognes. When she encountered a problem, she would get up and move from the area, she didn't expect the other person to move. She felt that the ordinance was all right if it had designated places for smoking, but when it came to public buildings and places, she paid taxes on those as well as the nonsmokers. Part of her tax to the federal government went to subsidize the tobacco growers. She could not understand this. If smoking was so bad for Americans, why was the federal government paying tobacco growers to grow it? She felt that the ordinance was unfair, unless facilities were equal for smokers and nonsmokers. M.C. Butch spoke in opposition. He stated that smoking relieved some pressures in life, settled nerves. He liked the privilege of smoking and, if it bothered someone, there was something they could do about it, and that was to travel. Bill Graham, owner of the Texas Pickup Cafe, stated that he was particularly interested in the food establishment section of the ordinance. He spoke for many of the other owners of food establishments who asked that the vote be postponed until the next session. He stated that he would like no smoking through- out his restaurant, but, on behalf the other restaurant owners who were not aware of the exact wording and had questions about how the ordinance was going affect them, he asked the Council to postpone their vote. He stated that, overall, most of the restaurant owners supported the ordinance. He felt that the ordinance was well drafted. The Mayor allowed for rebuttal. No one spoke in rebuttal. The Mayor closed the public hearing. Debra Drayovitch, City Attorney, asked the Council if they would like to hear from Bob Hunter, Assistant City Attorney, who was responsible for drafting the ordinance. He revised the ordinance according to the conditions expressed at the last meeting. Bob Hunter stated that, at the last workshop, the Council had two ma]or concerns - certain types of retail establishments not be affected by the ordinance, primarily service establishments, and that a provision should be in the ordinance for exempt establishments to post a sign near the entrance stating that there were no nonsmoking areas. Those conditions were entered into the ordinance, Council Member McAdams asked if a real estate office was a service establishment, along with an insurance company, and auto repair shop. Hunter replied yes. Council Member Chew stated that he felt the ordinance was dictating too much. He felt that to make it mandatory for any establishment to have to put up a nonsmoking sign or a nonsmoking area in a small service area is ridiculous. Hunter replied that the way the ordinance was presented now, certain establishments were exempted. For example, the ordinance exempted food establishments with indoor seating of less than 50 and those establishments with 70% of gross sales from the sale of alcohol. Service establishments were not exempted; they simply were not addressed. 28 City of Denton City Council Minutes March 18, ].986 Page 9 Council Member Stephens asked if clothing stores were covered under the ordinance. He also asked if the universities were under the ordinance. Hunter rep]tied that both were covered in the ordinance, unless the clothing store met one of the exemptions regarding square footage. Council Member Stephens asked if administrative offices in universities were covered. Hunter replied that they were exempted. Council Member Stephens asked if public halls and classrooms were covered by the City ordinance and, if so, how could that be enforced over state property. Hunter replied that certain city ordinance could be enforced on state property. Council Member McAdams asked exactly where in the ordinance did universities fit. Hunter replied that he stood corrected - that universities were not covered. The ordinance was drafted after the Dallas ordinance, and it did not address universities. He stated that libraries and museums which were on university campuses would be covered. Council Member Hopkins asked how much of a problem would it be to enforce the ordinance. Hunter replied that the sections dealing with sign posting and written policies could be easily enforced through the Health Department and through filing with the Municipal Court. Complaints against individuals who violated the no smoking provisions of the ordinance would be difficult to enforce, because, in order to file a complaint against an individual, the name of the person and an address would have to be known. That type of information may be difficult to obtain. Council Member Hopkins made the point that this probably was not an enforceable ordinance - it gave the situation for nonsmokers and smokers to have an area designated for each. He felt that ~.t was more of a resolution than an a law. He felt that the illtent of the ordinance was to get people to respect other people in certain areas. Council Member Riddlesperger stated that enforcement would take a nonsmoker to complain and that because of the nature of the law, it was respected by the smokers. Council Member Alford asked if the restaurant owners who put up the signs were responsible for enforcement. Drayovitch replied that this was correct. The restaurant owner could enforce the ordinance if perhaps he received a complaint from one patron who was offended by another patron. The owner could attempt to obtain the name and address of the violator. Council Member McAdams was concerned that university classrooms were not included in the ordinance. Drayovitch stated that those could be added if the Council so wished. City of Denton City Council Minutes Marck 18, 1986 Page 10 council Member Hopkins asked if it would not be possible to postpone the vote to allow the food establishments an opportunity to review the ordinance during the week and to see what additions or corrections they had to offer. Council Member Riddlesperger did not see any reason to postpone the vote, because the small food establishments were exempt. Council Member McAdams asked which City areas would be excluded, such as the Civic Center and the Visual Arts Center. She asked if smoking was allowed in those buildings now. Mayor Stewart replied that smoking was allowed in those building at this time. Council Member Riddlesperger stated that, if those buildings were exempt, a no smoking area could still be established in certain areas of the buildings. Riddlesperger motion to adopt the ordinance with an effective date of June 1, 1986 with the amendments excluding the Civic Center, the Visual Arts Center, and the universities. Council Member McAdams asked for a 90-day enforcement date in order to allow enough time for compliance for space rearranging and posting of signs. Drayovitch suggested the date of June 1 as a compliance date or July 1. Council Member Alford asked about TWU involvement as only NTSU had been discussed. Were the libraries and museums at TWU covered? Council Member Riddlesperger felt that the City should let those institutions make their own rules. Council Member McAdams did see how they were different from any other business. Motion died for lack of a second. McAdams motion, Hopkins second to table the ordinance until the next regular Council meeting. Motion passed on a 6-1 vote with Council Member Chew casting the "nay" vote. 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services,: providing for the expenditure of funds therefor: and providing for an e~fective date. The following ordinance was presented: NO. 86-54 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 30 City of Denton City Council Minutes March 18, ].986 Page 11 B. Consider adoption of an ordinance providing for temporary no parking on both sides of North Carroll Blvd. from 250 feet north of Fain Street to Sherman Drive during the Spring Fling on April 19 and 20, 1986. The following ordinance was presented: NO. 86-55 AN' ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF FAIN STREET TO SHERMAN DRIVE DURING TH~ ANNUAL SPRING FLING TO BE HELD APRIL 19 AND 20, 1986: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving an employment contract between the City of Denton and Dr. Keith Krein for professional services relating to the City Emergency Medical Technician Program. The following ordinance was presented: NO. 86-56 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF DENTON AND DR. KEITH KREIN FOR PROFESSIONAL SERVICES RELATING TO THE CITY EMERGENCY MEDICAL SERVICE PROGRAM AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Assistant City Manager, told Council that this was an ordinance to approve a contract with Dr. Krein who provides training and evaluations of procedures for the City Emergency Medical Technician Program. McAdams motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. Item D was removed by staff. E. The Council considered adoption of an ordinance amending Table I of Article 4.03 of Appendix A, Denton Subdivision Ordinance, relating to street standards and policies. The following ordinance was presented: NO. 86-57 AN ORDINANCE AMENDING TABLE I OF ARTICLE 4.03 OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO STREET STANDARDS AND POLICIES: AND PROVIDING FOR AN EFFECTIVE DATE. 1 City of Denton City Council Minutes -- -- March 18, 1986 Page 12 Rick Svehla, Assistant City Manager, stated that this ordinance provided for a few changes in street designs that the City of Denton uses. Basically, the street widths would be reduced from 12' to 11' and some of the right-of-way requirements had been reduced, particularly on primary arterial divided and undivided streets from 120' to 100' with the provision that the right-of-way would be widened back out to 120' at major intersections. It also provided more detail for estate subdivisions in terms of vehicle capacity, design speed, etc. Council Member Stephens asked about the width of Lillian Miller and how it fit into the ordinance. Svehla responded that Lillian Mille~ was a secondary arterial (25'). Council Members Stephens questioned if 25' was too narrow for a street as busy as Lillian Miller. $vehla stated that those were the standards the Highway Department used. He pointed out that Lillian Miller was not complete at this date and that when both halves were completed, the road would be a good-sized road. Council Member Stephens asked if the size could be increased to something a little larger and safer, say 28' Stephens motion, Riddlesperger second to adopt the ordinance with an amendment to increase secondary arterial streets to 28' from 25' Council Member McAdams asked how Lillian Miller compared to other streets, in regard to driving width, where there was pa~king on both sides of the street. Svehla replied that it would depend on the street in question. Most arterial streets were 45' in width. With parking on both sides of the street, the width would be reduced to 29' On roll call vote, McAdams "nay," Hopkins "nay," Stephens "aye," Alford "nay," Riddlesperger "aye," Chew "aye," and Mayor Stewart "nay." Motion failed on a 4-3 vote. Hopkins motion, McAdams second to adopt the ordinance as written. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "nay," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stewart "aye." Motion carried on a 5-2 vote. F. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 125.25 acres beginning at Kings Road and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road. (A-33) The following ordinance was presented: 86- 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 125.25 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE D. CULP SURVEY, ABSTRACT NO. 287: J. ~COST~RT SURVEY, ABSTRACT NO. 288; AND THE T. LIVING SURVEY, ABSTRACT NO. 729, DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. 2 City of Denton City Council Minutes March 18, ].986 Page 13 Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving a change in zoning from the multi-family (MF-1) and general retail (GR) classification to the planned development (PD) district to permit the construction and development of a medical center and hospital on a tract located on the west side of Bonnie Brae Street approximately 500 feet north of West Oak Street. (2.-1747) The following ordinance was presented: NO. 86-58 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 4.844 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 500 FEET NORTH OF WEST OAK STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM GENERAL RETAIL "GR" AND MULTI-FAMILY "MF-i" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district to permit light industrial land uses on a 63.7-acre tract located at the southeast corner of FM 1515 (Airport Road) and Underwood Road. (Z-1751) The following ordinance was presented: NO. 86-59 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, AS AMENDED, AND AS SAID MAP APPLIES TO 63.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 1515 AND UNDERWOOD ROAD, AS IS MORE P~RTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Alford motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 33 City o~ Denton City Council Minutes March 18. 1986 Page 14 I. The Council considered an ordinance approving a change in zoning from the agricultural (A) district to the light industrial (LI) classification on a 3.7-acre tract located on the west side of Cooper Creek Road approximately 150 feet north of U.S. Highway 380. (Z-1757) The following ordinance was presented: NO. 86-60 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 3.7 ACRES OF LAND LOCATED ON THE WEST SIDE OF COOPER CREEK ROAD APPROXIMATELY 150 FEET NORTH OF U.S. HIGh-WAY 380, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF: PROVIDING FOR A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance approving a change in zoning from the two-family (2-F) district to the planned development (PD) classification to permit the development of an office building on a O.426-acre tract located at the southeast corner of Carroll Boulevard and Prairie Street. (Z-1770) The following ordinance was presented: NO. 86-61 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, AS AMENDED, AND AS SAID MAP APPLIES TO 0.426 ACRE OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND PRAIRIE STREET AS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM TWO-FAMILY "2-F" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "nay." Motion carried with a 6-1 vote. K. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) district to the planned development (PD) classification to permit the development of 100 single family detached lots with a minimum lot size of 7,000 square feet on a 22.7-acre tract located approximately 1,000 feet west o~ Mockingbird Lane and approximately 1,000 feet south o~ Audra Lane. (Z-1775) City of Denton City Council Minutes March 18, ].986 Page 15 The following ordinance was presented: NO. 86-62 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO TF~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 22.7 ACRES OF LAND LOCATED APPROXIMATELY 1,000 FEET SOUTH OF AUDRA LANE AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY NOT TO EXCEED $1,,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. L. The Council considered adoption of ordinance approving a change in zoning ~rom the agricultural (A) classification to the planned development (PD) district to permit office, hotel, bank, movie theatre, gasoline service station, p~blic or private park or open space, parking lot or garage, medical center or hospital, convenience store, retail shops, and shopping center land uses on a 25.6-acre react located on the south side of U.S. Highway 77 at its intersection with proposed State Highway Loop 288. (Z-1780) The following ordinance was presented: NO. 86-63 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, AS AMENDED, AND AS SAID MAP APPLIES TO 25.6 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 77 AT ITS INTERSECTION WITH PROPOSED HIGHWAY LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the motion. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. M. Item M was pulled by staff. 7. Resolutions A. The Council considered approval of a resolution adopting one (1) personnel policy:- Overtime 106.04 35 City of Denton City Council Minutes March 18, 1986 Page 16 The following resolution was presented: RESOLUTION WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the City: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Overtime (Reference No. 106.04) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION III. The previous policy relating to Overtime (Reference No. 106.04), adopted by Resolution of this Council on February 6, 1986 is hereby rescinded. SECTION IV. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ~ ' BY: 6 City of Denton City Council Minutes March 18, ].986 Page 17 Paulette Owens-Holmes, Program Administrator, stated that this was a revision of the existing overtime policy. The revisions reflected compliance with LFSA standards which would go into effect April 15, 1986. Council Member Hopkins asked what the major changes were in the policy. Holmes replied some of the revisions were: non-exempt employees would be able to accumulate 80 hours of unused compensatory time, non-exempt and Civil Service employees who leave the City due to resignation would be able to collect some of that compensatory time, regular full-time, non-exempt and Civil Service employees would be able to work a part-time job in anothe~ department with some restrictions and safety employees would be able to accumulate up to 80 hours of unused compensatory time upon supervisory approval. Hopkins motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered approval of a resolution adopting one (1) personnel policy: Longevity Pay 106.07 The following resolution was presented: RESOLUTION WHEREAS, the Director of the Personnel/Employee Relations 'Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the City: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON THAT: SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Longevity Pay (Reference No. 106.07) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with. the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, and the Longevity Pay Policy adopted November 5, 1985, are hereby rescinded to the extent they conflict with the foregoing policy and administrative procedures and directives issued under the authority of the City Manager implementisg the policy hereby adopted. City of Denton City Council Minutes 3 7 March 18, 1986 Page 18 SECTION IV. This Resolution shall become efifective immediately upon its passage and approval. PASSED AND APPROVED this the 18th day of March, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMS DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Paulette Owens-Holmes reported that there was an error in the original policy as stated. The inclusion was the rate of $4/month for each consecutive year of service for Civil Service employees. Hopkins motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 8. The Council considered approval to begin the annexation process for Vacation Village Estates, (A-25) David Ellison, Senior Planner, reported that Vacation Village needed help in terms of basic services that affect their quality of life as it currently exists and in terms of future. From a staff perspective, it was for the above reason that annexation at this time would not be a very good idea for the City Denton. This was based on a cost/benefit examination. Ellison reported that 58 residents of Vacation Village approached the City with the original request, and he emphasized that this was not a mobile home park, but an established subdivision with individually owned tracts. The Public Works Department had stated that if approximately 3.5 miles of streets were to be improved, upgraded or rebuilt, the cost would be more than one million dollars. The same would hold true fo~ drainage improvements. The Fire Department stated that there was lack of sufficient water capacity, lack of fire hydrants, etc. The response time of the Fire Department from the McKinney Street Station would be 4.9 minutes. The Police Department would require fou~ additional patrol officers, and one additional vehicle would be needed if the annexation was approved within the next operating budget. The Utility Department had estimated that for just providing basic utility upgrading of the internal lines, not off-site utilities f£om the nearest lines, would cost about $63,000.00. To extend the major off-site line from its existing terminus to Vacation Village would cost approximately 8 City of Denton City Council Minutes March 18, 1986 Page 19 $258,000.00. The Utility Department had recommended that the cost of these extensions be handled through some sort of assessment program. Staff recommendation was not to annex at this time. Council Member Hopkins asked at what point in time would staff feel that it would be a viable situation to annex. He also asked that, with the growth occurring to the east from Mayhill all the way out to the Lake, would it not be that long before services would be at Vacation Village's doorstep and available to them? Ellison replied that he did not feel it would be in the next year or two and, even if that were the case, there were still some very basic questions that needed to be answered, especially the question of assessment. Council Member Hopkins asked if the people there could be asked of how they felt about that type of assessment. Explain that it would not be a viable situation for the City to annex them. Perhaps the people could offer a solution. Ellison stated that the people there had been very patient, but, in his professional view, it would not be a good move for the City until more development occurred in the area. Council Member Hopkins felt that the time would not be too far off. He stated that it was obvious these people needed help and, as the watershed area was developed as well as those adjacent grounds around the lake, there would be more at stake than one small piece of property. Council Member Stephens asked how close to Vacation Village would be the initial construction of Lakeview. Ellison replied that if Lakeview extended the utilities across the full width of the tracts they own, they would end at the point where Vacation Village begins. Council Member Stephens stated that the residents could then hook on to the sewer lines and solve some of the health problems. Ellison stated that the residents would have to extend the off-site l![nes and then have the internal lines upgraded. Council Member Stephens stated that he felt he would like to see the processes continued and to see if the residents would be willing to pay the price of the upgrading, just as any new owner would be required to do. Ellison asked for a clarification of what Council Member Stephens meant by "continued". Ail of the necessary legal documents were prepared, but did "continue" mean to begin public hearings? Council Member Stephens replied yes, to begin public hearings for voluntary annexation. Ellison stated that, based on staff's most optimistic projections, Lakeview would not be anywhere near the point where they would begin extending utilities. Council Member Stephens asked, if the annexation went through, would the City have to provide services within three years or disannex? Ellison replied no, that the City had to consider providing those capital improvements to newly annexed areas within a year. He stated that there were some very vocal people in Vacation Village, and they were already demanding services. 39 City of Denton City Council Minutes March 18, 1986 Page 20 Council Member McAdams stated that she was sympathetic to the situation, but that this was a prime example of people who had not wished to be annexed, but now were requesting services of the City. The City simply could not afford this annexation at this time. Chew motion, McAdams second to delay annexation proceedings and instructed staff to obtain more information on the assessment idea, to work with the leadership of Vacation Village, and to look at the future developments for assisting utility lines. Motion carried unanimously.. 9. There was no official action on Executive Session items of legal matters, real estate, personnel or board appointments. 10. The Council received a report regarding miscellaneous matters from the City Manager. A. The tentative date for the Council Retreat was set for May 19 and 20. Harrell stated, if this date was a problem, to let staff know. B. Harrell passed out to the Council photographs regarding the John Denton sculpture. C. Harrell asked Council for a representative to go to Washington, D.C., for the Trinity River Improvement Trip, April 8-9. Mayor Stewart suggested that the new Mayor attend. Council Member Joe Alford stated that he would be available to go also if he were needed. D. Harrell stated that the tentative date for the Council _ Orientation was April 24, 1986. E. Harrell reported an announcement in the news today that an agreement had been made, in regard to the tax exempt bonds, to move the date back to September 1. The Pack-Wood Bill also looked better. 11. No items for new business were submitted by Council Members for future agendas. The Council reconvened into the Executive Session to consider legal matters, real estate, personnel and board appointments. No official action was taken. With no further business, the meeting was adjourned. Je~f~r ~i-~, ~puty City Secretary 1530a 40 CITY COUNCIL MINUTES April 1, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Alford, Chew, McAdams, and Riddlesperger. ABSENT: Council Member Stephens 1. The Council held a discussion regarding the legal contract for Flow Hospital. Council Membec Riddlesperger intcoduced Mc. Jim Killingswocth to the Council. Mc. Killingsworth stated that despite the fact that Flow's performance was looking good and that management contract was in the works, there were still concerns that the staff had dealing with the hospital lease agreement or asset transfer. He stated that some of the doctors present wanted to voice their concerns also. Dr. Don Hope asked Shat were the concerns of the Council. He stated that he was not clear what the questions were and asked the Council to clarify them so that answers could be given. Council Membec Riddlesperger asked Dr. Hope what were the problems fcom his angle. Council Member McAdams stated that she was concerned with the legal issue with the transfer. She had a concern that if the cocporation failed, how would the assets be disposed of, such as the grounds and buildings. They belonged to the people and if the corporation ceased to be, how would we get that back, Dr. Hope stated that the value of the hospital was not a problem. That it was competitive enough. Council Member Chew wondered about the reversionary clause for the hospital so that it would go back to the City/County if the corporation failed. He stated that his questions are of a legal nature and not really ones for the doctors present. Council Member McAdams stated that she was waiting for a contract to see what was stated there. Dr. Hope stated that morale was very low at the hospital. The doctors were not able to loin forces because they did not know what was going to happen. There was not much to offer at the hospital at this time. With a third hospital coming into town, there would be even mote competition. Dr. Freeman stated that the doctor's were concerned with all that was being said. That there were many different stories, promises made but nothing happened. He stated that the doctors go where the best support for the patients was. With the upcoming election, what would be the status o~ the new Council regacding Flow. Dr. Bob Lockwood stated that this was the eleventh hour. That something needed to be done quickly regarding Flow or it would go under. He stated that there was a credibility gap at the hospital and that already doctors were tucning away from Flow. Mayor Stewart stated that the Council was behind Flow but the lease or tcansfec must be done legally. He stated that thece may be different opinions on what to do but that all were 41 City of Denton City Council Minutes April 1. 1986 Page 2 wanting to see Flow succeed. He recognized that something must be done soon with the same Council. He stated that the Council was behind Flow and that it would be up to the County. Council Member Chew stated that compromises had been made among the Council members to make sure that Flow was viable but that the end result must be legal. Council Member Hopkins stated that at every level along the way, the City t~ied to communicate with the County to keep Flow a local institute. His only problem was that he wanted a contract in his hands to look at. Mr. Kirk Sennett stated that he felt the process had been dragged down a lot from the different attorneys. He asked the Council to eithe~ keep control of Flow but lacking cooperation between the City and County, make a firm commitment with the budget regardless of what the County does. If the City could not support Flow then put Flow where it can do it on it's own. He stated that if there was a reversion clause it could make the City and County liable for future debts. Lloyd Harrell, City Manager, assured the doctors and the Council that this was a high priority item for the City Atto£ney. Council Member Chew stated that he felt some of the problems were with Mr. Butterfield. He stated that Butterfield had questions that he couldn't answer and never got back to the Council. He stated that the Blue Ribbon Committee was to make recommendations to the Council but that the Council never said it would follow everything recommended. The Blue Ribbon Committee was only advisory in capacity. Council Member Riddlesperger stated that he appreciated the message that the doctors brought. He saw the necessity of moving as fast as possible. He stated that either concept, the lease or asset transfer, would be good as long as i~ freed the hospital to be a good working hospital. Council Member McAdams stated that she knew what had to be done but that it needed to be legal. As yet there was nothing for them to look at in terms of a contract. Debra Drayovitch, City Attorney, stated that a draft agreement was drawn up in February but that not everyone had legal representation. The matter was also complicated by the City/ County governing bodies. Council Member Stephens ~oined the meeting. Drayovitch stated that a final contract should be ready by this week if the Council could have a special meeting. The Council agreed to hold a special call meeting if a contract could be agreed upon before the end of the week. 2. The Council held a discussion of zoning and land use in area bounded by Sam Bass Road on the west, State School Road on the east, Dallas Drive on the north, and Londonderry Lane on the South. Denise Spivey, Urban Planner, told the Council that the property in this area was basically zoned office, industrial and single family. She stated that backzoning would be possible in some areas to protect the development on vacant property. The infrastructure would be better if it was known in advance what would be developed. City of Denton City Council Minutes April 1, 1986 Page 3 The major problem in the area was that many of the homeowners in the area were not aware that the vacant property around them was zoned commercial, office, etc. Council Member Riddlesperger asked if any owners had asked to backzone the property. Spivey replied no. Mayor Stewart stated that there was no method of assuring single family homes or duplexes in industrial/commercial areas and the llomeowners did not know it. He stated that the homeowners should know what the situation was and then if nothing was done about it, that would be different. Council Member Stephens stated that the people in the area should be .asked if they wanted backzoning. Council Member Hopkins stated that the people should be informed but that they should make their own decisions about the zoning. The Council recommended that staff notify the area residents with a simple letter regarding the zoning status of the area. 3. The Council held a discussion of a preliminary plat of Green Valley Ranch Addition, a proposed fifty (50) lot subdivision on 91.143 acres, located adjacent and east of FM 2153 and adjacent and west of Zachary Road, approximately 5,550 feet north of FM 428 and 2,200 feet south of Burger Road, for the purpose of determining whether to begin the annexation process. David Ellison, Senior Planner, stated that this proposed annexation was in the ETJ. He stated that staff was not recommending annexation at this time due to the fact that it was in our ETJ and therefore subject to our development regulations. Hopkins motion, Riddlesperger second not to begi~ the annexation process at this time. Motion carried unanimously. 4. The Council held a discussion of Hunters Hill Estates, a ten (10) lot subdivision proposed adjacent and north of Hickory Hill Road, approximately 1,060 feet west of FM 1830, for the purpose of determining whether to begin the annexation process. David Ellison, Senior Planner, stated that this property was also in our ETJ and subject to our development guidelines. It was staff's recommendation that the property not be annexed. Hopkins motion, Chew second not to begin the annexation process at this time. Motion carried unanimously. 5. The Council convened in to the Executive Session to discuss legal metters, real estate, personnel and board appointment. No official action was taken. The Council then convened into the regular meeting 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins: Council Members Alford, Chew, McAdams, Riddlesperger, and Stephens. ABSENT: None City of Denton City Council Minutes April 1, 1986 Page 4 1. The Council considered approval of the Minutes of the Regular Meeting of January 7, 1986 and the Special Called Meeting of January 14, 1986. Riddlesperge[ motion, Chew second to approve the Minutes as presented. Motion carried unanimously. 2. Consent Agenda Riddlesperge~ motion, Chew second to approve the consent agenda as presented. Motion carried unanimously. Consent Agenda A. Bids: 1. Bid ~ 9568 - Overhead distribution con- struction 2. Bid % 9592 - 1986 C.I.P. utilities Section G 3. Bid ~ 9595 - Streetlights 4. Bid ~ 9597 - Paige Road substation concrete foundation 5. Bid ~ 9598 - Wire and cable B. Plats and Replats: 1. Approval of preliminary plat of the Audra Lane Apartments Addition, Lots 1, 2 and 3. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the College Addition, Lots 2R, 3R and 4R, Block 21. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary replat of the Interstate Highway 35W Addition, Lots 1R and 2R, Block 1. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the Y.M.C.A. Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Change Orders: 1. Approve change order for Overlay Program 1985-2, Bid # 9539, to Jagoe Public Company in the amount of $125,550. 2. Approve change order, Bid ~ 9383, to CAD Associates in the amount of $13,665.00 D. Final Payments: 1. Approve final payment for water line oversize participation, Allen Estates Mobile Home Park, Holigan Development Corporation in the amount of $10,050.17. (The Public Utilities Board recommends approval.) 2. Approve final payment for raw water pump installation, Bid ~ 9405, to Onyx Con- struction in the amount of $6,792.00. (The Public Utilities Board recommends approval.) City of Denton City Council Minutes April 1, 1986 Page 5 Item ~6K was moved forward in the agenda order. 6. K. The Council considered approval of a resolution in support o~i the City of Denton making application to the Texas Railroad Commission for Denton to be added to the Dallas/Fort Worth Commercial Trade Zone. Mr. Darrell Bulls, Chairman of the Board, Denton Chamber of Commerce, spoke on behalf on the Denton Chamber of Commerce. He stated that in order to enhance conditions for a favorable climate for promoting local economic development, the Denton Chamber of. Commerce recommended the inclusion of the City into the Dallas/Fort Worth trade zone. Mr. Keith Appleton addressed the Council on behalf of the Chamber. He asked for the Council's approval of the resolution which would allow for more free transportation from various transporters of goods on an intrastate basis. The Chamber felt that it would be a benefit to all that was concerned. The following resolution was presented: RESOLUTION WHEREAS, all citizens of the City of Denton, Texas at this time need and will be benefitted by the increased availability of prompt motor carrier services and other shipping services to and from the City of Denton and the unincorporated areas adjacent thereto and commercially a part thereof: and WHEREAS, the City of Denton, Texas is eligible to be designated part of the Dallas commercial zone and the Fort Worth commercial zone by the Railroad Commission of the State of Texas, which will serve to permit such increased service: and ~IEREAS, being designated part of such commercial zones will be a benefit to the public: and ~%IEREAS, such designation may be obtained upon application of the City of Denton and a presentation of appropriate evidence and testimony by the citizens of the City of Denton at a hearing to be conducted by the Railroad Commission of the State of Texas: NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby proceed to apply to the Railroad Commission of the State of Texas to have the City of Denton and the unincorporated area adjacent thereto and commercially a part thereof designated as part of the Dallas commercial zone and as part of the Fort Worth commercial zone by the Railroad Commission of the State of Texas. SECTION That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of April, 1986. MAYOR CITY OF DENTON, TEXAS City of Denton City Council Minutes April 1, 1986 Page 6 ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Riddlesperger second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, The Council then returned to the agenda order. 3. The Council considered approval of a request by the Shriners to solicit funds on May 10 from 8:00 a.m. until 12:00 noon from various City of Denton street intersections. Mr. Jim Render of the Denton County Shrine Club addressed the Council on behalf of the Shriners. He stated that the Shriners would like to use Denton street corners as they had done in the past to raise funds for the Cripple Children's Hospital and Shrine Burn Center in Galveston. The Shriners and their helpers would be wearing identifying clothing so that all who see them would know what organization they were with. Mayor Stewart asked if specific intersections had been decided. Render stated that no specific intersections had been decided on as of yet but that when the streets were decided, he would get approval from the Police Department or whoever the Council wanted. Hopkins motion, Chew second to approve the request with the condition of street approval. Motion carried unanimously. 4. Public Hearings A. The Council held a public hearing on the Petition of Denton County Historical Museum, Inc., represented by Yvonne Jenkins, Director, requesting approval of a specific use permit in a single family (SF-7) zoning district. The property is located at 1035 West Oak Street at the southeast corner of West Oak and Welch Streets. The tract is more fully described as being in the E. Puchalski Survey, Abstract 996. If approved, the specific use permit would allow the Denton County Historical Museum to be located on the property. (S-189) Yvonne Jenkins spoke in favor of the petition. She stated that the request was to allow the Denton County Historical Museum to be located in the Evers Home on the corner of Welch and Oak Street. She stated that she felt that there should be a historical district on Oak Street and that the Evers Home should be a part of it. The request was made because the Court House was being restored and the museum was in effect without a home. City of Denton City Council Minutes April 1, 1986 Page 7 The immediate neighbors had been contacted and an agreement had been worked out with them. Council Member Riddlesperger felt that this was an excellent idea and that the wonderful old house could be put to good use. Mr. Randall Boyd spoke in favor of the petition. He stated that at first he and his wife had reservations about having the museum next door but that most of the problems had been worked out. Most of the stipulations that had been put in the specific use permit would make the museum good neighbors. He stated that he would like to eventually see the Evers home return to a single family home. He was not in favor of this being an in-road for commercial development. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, informed the Council that 15 reply forms were sent out - 5 were returned in favor, 0 in opposition, She stated that this was strictly a specific use permit with the Evers house to be renovated for the museum for office space and living quarters for staff and security person. Several issues needed to be considered with this specific use permit. One was the intensity in the area. The area was located in a low intensity area and the intensity had already been exceeded. If the Planning Commission and the Council felt that the request was beneficial to the general public, then it could be approved. The Commission felt that this was the case in this particular request. Parking was also looked at. An agreement was worked out the Grace Temple Baptist Church to allow their parking lot to provide parking for the museum. Staff wanted to make sure that the museum would be "good neighbors". This would be a temporary situation and a time limit of 3 years would be in effect, After the 3 years the request would be reviewed if necessary. Council Member McAdams pointed out that this specific use permit did not change the zoning on this particular piece of property. It was a specific request to do this one thing in a residential area. The zoning would remain residential. McAdams motion, Alford second to approve the petition. Motion carried unanimously. B. The Council considered a petition of Stephen Des Jardins of the James M. Brown Company, representing Denton 239 Tenancy in Common, requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. The property is shown in the Nathan Wade Survey, Abstract 1407, and the Francis Batson Survey, .Abstract 43. The following land uses are proposed for the development: Parcel A - Commercial, 41.93 acres Parcel B - Office, 20.24 acres Parcel C - Office, 24.70 acres Parcel D - Multi-Family, 200 units on 11.34 acres with a density of 17.64 units per acre Parcel E - Cluster Housing, 260 units on 21.85 acres with a density of 11.9 units per acre Parcel F - Single Family, 93 units on minimum 10,000 square foot lots on 23.41 acres with a density of 3.24 units per acre Parcel G - Single Family, 42 units on minimum 16,000 square foot lots on 19.31 acres with a density of 2.18 units per acre Parcel H - Zero Lot Line, 144 units on 23.42 acres with a density of 6.15 units per acre City of Denton City Council Minutes April 1, 1986 Page 8 Parcel I - Single Family, 159 units on minimum 7,000 square foot lots on 38.97 acres with a density of 4.25 units per acre Parcel J - Community Facilities Site, 14 acres The Mayor opened the public hearing. Stephen Des Jardins spoke in favor of the petition. He stated that the'Planning and Zoning Commission had unanimously approved of this' ~etition. The neighbors spoke at the Planning and Zoning meeting on behalf of the development. He stated that the first plan that was presented was denied as well as the second plan. With the third plan that was approved by Planning and Zoning, it was discovered that the ED'S Corporation was not notified of the zoning. That plan had to be returned to Planning and Zoning for approval after proper notification of zoning. The P and Z approved that plan for a second time. He stated that the road alignment of Bonnie Brae had become a bigger issue than they had first anticipated. Des Jardins stated that they were still negotiating with EDS and the State Highway Department regarding the alignment of Bonnie Brae. At this point in time, they were only requesting zoning. The ordinance was removed from the agenda because the plat was being removed and changed to show no relignment of Bonnie Brae. Planning and Zoning approved the petition with the condition that before parcels A or B were developed, the issue of the relignment of Bonnie Brae had to be resolved. He asked the Council to approve the zoning with no change in road relignment. When they returned with the ordinance for approval, it would show no relignment of Bonnie Brae. Mr. Roger Barrett of Metroplex Engineering spoke in favor of the ,.- petition. He stated that an important aspect was the · ' neighborhood participation in the pro~ect. There had been many work sessions with the neighbors to work out what would be best for the City of Denton and for their particular area. The concept was highly diverse with many uses for the 239 acres, He stated that they had done a through engineering study on the pro)ect with an estimated utility cost at 1.2 million dollars. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carsons, Urban Planner stated that 22 reply forms were sent out with 4 returned in favor, 0 in opposition. She stated that there was a lengthy history connected with this development and that this was the first time that it had been presented to the Council, She stated that the petitioner had done a through ~ob in looking at the problems of this site some of which included utilities were very lax in this area, a serious sewer problem that the developer would be responsible for upgrading, and the Bonnie Brae location as it currently existed. The proposal did include a mixture of land uses and the neighbors were in favor of the proposal. The area did include a park site and a school site which the school district indicated that they may be interested in developing. She indicated that staff removed the ordinance because of the possible changes in the alignment of Bonnie Brae. There was not an appropriate site plan to attach to the ordinance and also a condition needed to be added depending on what the Council felt would be in the best interest of the City. Carsons went on to clarify the alignment of Bonnie Brae as it would affect the Loop 288 intersection. As shown on the site plan now, the curved portion of the property at a 750' radius which was city standard, would cause a curve into the Texas Instruments property and would cause a severe angle into the bridge at Loop 288. Texas Instruments was not in opposition to this alignment as long as it would not encroach into their property more than 180' which it would not. However, according to the Engineering staff, the alignment with the bridge would not get approval from the State Highway Department. The EDS property owners recommended a 45' angle City of Denton City Council Minutes April 1, 1986 Page 9 that did tie in specifically with Loop 288 and made the alignment much better. She felt that both the City and State Highway Department would approve such a plan. It would require a corner clearance on both the EDS property and the Kellum property. She stated that all of the road alignment information had come up in the last two days. Staff would recommend that an additional condition be added either that the road alignment would be determined at a future time prior to any development of the parcels o= that a specific road alignment be approved by the State Highway Department and by the City and shown on the PD site plan 'prior to app=oval and adoption of the ordinance. McAdams motion, Riddlesperger second to approve the petition with the condition that the street alignment would not be defined at this time. Motion carried unanimously. C. The Council considered approval of a petition of Metroplex Engineering Corporation, representing Strata Properties, Inc., requesting an amendment of an existing planned development (PD-96) located at the northwest corner of Audra Lane and Loop 288. The property is further described as a 37.6 acre tract in the R. B. Longbottom Survey, Abstract 775. If approved, the amendment to the planned development will permit the following land uses: 6.4 acres of two family residential (2-F), with a density of 11.2 units per acre 10.0 acres of multi-family (MF-1), with a density of 20 units per acre 3.5 acres of cluster housing, with a density of 11.4 units per acre 6.8 acres of retail/office/showroom 7.7 acres of office/warehouse 1.0 acre of detention area 2.2 acres of street dedication The Mayor opened the public hearing. Roger Barrett of Met£oplex Engineering spoke in favor of the petition. The existing PD was redone and with staff recommendation of approval had created a superior buffering plan. The new plan had extended the duplex lots on the north to create a buffering against the existing single family development to the west. Overall intensity of the tract would remain the same and the overall density would remain the same even though there would be 2 less dwelling units. No one spoke in opposition. The Mayor closed the public hearing. Denise Sp[vey, Urban Planner, stated that 12 reply forms were mailed out with 2 returned in favor and 2 returned in opposition. This was a request for an amendment of an already existing PD. The new plan would make a better buffering system to the existing adjacent single family homes. The Planning and Zoning Commission considered this plan at their February 26 meeting and approved it with a 4-0 vote with the conditions listed in the back-up. 1. The Council considered adoption of an~ ordinance amending an existing planned development (PD-96) located at the northwest corner of Audra Lane and Loop 288. The following ordinance was presented: NO. 86-64 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 85-70, AS IT APPLIES TO 37.6 City of Denton City Council Minutes April 1, 1986 Page 10 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AUDRA LANE AND HIGHWAY LOOP 288, BY AMENDING THE CONDITIONS AND SITE PLAN APPLICABLE TO SAID DISTRICT: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS' THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered a petition of Jack Vaughn requesting a change in zoning from the single family (SF-7) district to the multi-family (MF-1) classification on a tract located at llll Fannin Street. The tract is further described as Lot 2 and part of Lot 1, Block 3, of the W. H. Wattam Addition. If the request is approved, the property may be utilized for any purpose permitted in the multi-family (MF-1) district by the City of Denton Zoning Ordinance. The Mayor opened the public hearing. No one spoke in favor of the petition. Karen Abernathy spoke in opposition of the petition. As a recent appointed member of the Land Use Planning Committee, she had been out looking at this area on behalf of the single family homeowners in the area. She felt that with another apartment complex on Eagle Drive that the intensity of the area would be too great. She felt that if the City continued to spot zoned construction of apartments, that the number of small frame houses would soon be gone. She stated that it appeared that this petition in it's present fo£m was in violation of the Denton Development Guide and asked the Council to deny the petition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, informed the Council that 21 reply forms were mailed, 1 returned in favor, 1 in opposition. Staff's primary concern dealt with the intensity in the area. This was a low intensity area which was over standard by approximately 17%. Approval of the request would further increase the violation of the intensity standard. As the Planning and Zoning Commission denied the petition, approval by the Council would require 6 of 7 votes. Stephens motion, McAdams second for denial of the petition, Motion failed unanimously. E. The Council considered a request of Bellaire West Partners for annexation of approximately 103.2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. (A-34) The Mayor opened the public hearing. David Ellison, Senior Planner, informed the Council that this was the ~econd public hearing for a voluntary request for annexation. Staff felt that there was no disadvantage to the annexation as there was no population or structures affected by the annexation. The next scheduled action would be April 15 for initiation of annexation proceedings and first reading of the ordinance and final action was scheduled for May 20, 1986. City of De~.%ton City Council Minutes April 1, 1986 Page ll No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue annexation proceedings. Motion carried unanimously. F. The Council considered the proposed annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2: W. Burleson Survey, Abstract 93: J. Burleson Survey, Abstract 91: S.M. Williams Survey, Abstract 1282: J. Carter Survey, Abstract 237: W. Pogue Survey, Abstract 1013: and the F. Jaime Survey, Abstract 664, and beginning east of 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of FM 2164. (A-40) The Mayor opened the public hearing. David Ellison, Senior Planner, stated that the purpose of this annexation was to protect against adverse development or potentially adverse development in Denton~s ETJ and to increase the potential for control of the area surrounding the City of Denton's ~[uture water resource. Staff considered some of the comments by Council that were made during the first public hearing, specifically to look at the creek as a possible boundary line. It was decided not to use the creek as it meandered too much. The original annexation route was based on survey lines and property lines. Ten reply forms Were mailed with 0 returned in favor, 1 in opposition. Next scheduled action would be April 15 for institution of annexation proceedings. Completion date for the annexation woqld b%~ May 20. Mr. George Olufsen spoke in opposition to the petition. He stated that he owned a piece of property in the proposed annexation,. He felt that annexation would offer nothing to the property owners in the area. The Mayor closed the public hearing. Chew motion, McAdams second to proceed with annexation. Motion carried unanimously. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-65 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. City of Denton City Council Minutes April 1, 1986 Page 12 The ~ollowing ordinance was presented: NO. 86-66 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "~aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of ordinance amending Section 23-2 (a) of the Code of Ordinances of the City of Denton, Texas to provide for a seven (7%) percent tax of the consideration paid by occupants of a hotel room in the City of Denton, Texas. The following ordinance was presented: NO. 86-67 AN ORDINANCE AMENDING SECTION 23-2 (a) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A SEVEN (7%) PERCENT TAX OF THE CONSIDERATION PAID BY OCCUPANTS OF A HOTEL ROOM IN THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and North Texas State Fair Association relative to promotional advertising and solicitation services to be performed by the association on behalf of the City. Lloyd Harrell, City Manager informed the Council that the contract called for the Fair Association to report back to the Council on a quarterly basis and to indicate to the Council how the funds had been spent. Some care needed to be spent to make sure that the funds allocated were spent according to law as the grounds were not owned by a governmental entity. The funds could be used for convention solicitation and advertising but not for acquiring, constructing, or maintaining facilities. Council Member Hopkins stated that he felt that the Fair Association had been very patient during this process and that this would be a tremendous economic boom to Denton. This was something that the City needed to do and something that the Council was very much looking forward to in Denton, Texas. Council Member Stephens stated that this was a major achievement for Denton. The following ordinance was presented: NO. 86-68 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND NORTH TEXAS STATE FAIR ASSOCIATION RELATIVE TO PROMOTIONAL ADVERTISING AND SOLICITATION SERVICES TO BE PERFORMED BY THE ASSOCIATION ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes April 1, 1986 Page 13 Chew motion. Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance designating certain retail establishments, public buildings, and _ food establishments as nonsmoking areas: providing sign requirements: providing minimum standards for nonsmoking areas: requiring written policies implementing this article: prohibiting smoking in designated nonsmoking areas: providing exemptions and penalties. The following ordinance was presented: NO. 86-69 AN ORDINANCE ADDING ARTICLE IV, "SMOKING," TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO BE COMPRISED OF SECTIONS 13-40 THROUGH 13-45: DESIGNATING PORTIONS OF CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS: PROVIDING SIGN REQUIREMENTS: PROVIDING MINIMUM STANDARDS FOR NONSMOKING AREAS: REQUIRING WRITTEN POLICIES IMPLEMENTING THIS ARTICLE: PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS: PROVIDING EXEMPTIONS: PROVIDING PENALTIES: PROVIDING A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. Chew motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance increasing the number of persons authorized to be employed in the classified position of Sergeant in the Denton Police Department. of the City of Denton, Texas, from six to eight: repealing all ordinances and resolutions in conflict herewith. Rick Svehla, Assistant City Manager, stated that this was a requirement of the Civil Service provisions of the state law to establish these positions so that they could be filled. The following ordinance was presented: NO. 86-70 ~ ORDINANCE INCREASING THE NUMBER OF PERSONS ~THORIZED TO BE EMPLOYED IN THE CLASSIFIED POSITION OF SERGEANT IN THE DENTON POLICE DEPARTMENT OF THE CITY OF DENTON, TEXAS, FROM SIX TO EIGHT: REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH: AND DECLARING AN EFFECTIVE DATE. F. The Council considered adoption of an ordinance appointing William Riggs Company as the broker of record for the City of Denton for certain excess insurance coverages and approving the payment for excess insurance coverage for the Power Plant. Harlan Jefferson, Administrative Assistant - Finance, that the previous insurance company could no longer provide adequate coverage for the power plant. Staff recommended that the William Riggs Company be appointed broker of record for the City of Denton for the excess insurance coverage. 53 City of Denton City Council Minutes April 1, 1986 Page 14 The following ordinance was presented: NO. 86-71 AN ORDINANCE APPOINTING WM. RIGG CO. AS THE BROKER OF RECORD FOR THE CITY OF DENTON FOR CERTAIN EXCESS INSURANCE COVERAGES: APPROVING THE PAYMENT FOR EXCESS INSURANCE COVERAGE FOR THE POWER PLANT: PROVIDING AN EFFECTIVE DATE. Chew motion, Stephens second to adopt the ordinance. Ob roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the Mayor to execute a quitclaim deed to Short Family Partnership to cure an alleged defect in title. Robert Hunter, Assistant City Attorney, informed the Council that the City had received correspondence from an attorney representing the Short Family Partnership who was purchasing some property from Denton North Limited. While researching the title, it was discovered that in the deed there was a provision to convey to the City 1.5 acres out of a 4.12 acre tract for park purposes upon request of the City. The Legal Department researched this point and could not find any type of agreement to convey any property for park purposes. There was no written agreement and none could be found. The following ordinance was presented: NO. 86-72 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO SHORT FAMILY PARTNERSHIP TO CURE AN ALLEGED DEFECT IN TITLE AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately 1 1/4 miles east of FM 426. (A-35) David Ellison, Senior Planner, informed the Council that this was one of the annexations that would extend an existing 500' finger. It was an 80 acre tract with a mixed use development. This would be a partial voluntary annexation and a partial involuntaEy annexation. Staff was recommending that public hearings be held April 15 and May 6, 1986. The following-ordinance was presented: NO. 86-73 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. City of Denton City Council Minutes April 1, 1!)86 Page 15 Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. J,. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the request of Miller of Texas, Inc. and the City of Denton for annexation of approximately 301.8 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. (A-38) David Ellison, Senior Planner. informed Council that staff recommended public hearings be held April 15 and May 6, 1986. The following ordinance was presented: NO. 86-74 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE M~OR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Hopkins mogion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance restricting the parking of vehicles on the east side of Cedar Street from its intersection with Pecan Street to its intersection with McKinney Street for employee parking only: providing a severability clause: and providing a penalty not to exceed two hundred dollars. Rick Svehla, Assistant City Manager, stated that the Citizens Traffic Safety Support Commission recommended approval of this ordinance and it would involve the area between the Police Building and the Police parking lot. The following ordinance was presented: NO. 86-75 AN ORDINANCE RESTRICTING THE PARKING OF VEHICLES ON THE EAST SIDE OF CEDAR STREET FROM ITS INTERSECTION WITH PECAN STREET TO ITS INTERSECTION WITH MCKINNEY STREET FOR EMPLOYEE PARKING ONLY: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance approving the petition of Myers Development Corporation for a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 131.7 acre tract of land located on the east side of Nowlin Road approximately 2,200 feet south of Robinson Road. (Z-1706). 55 City of Denton City Council Minutes April 1, 1986 Page 16 Denise Spivey, Urban Planner, stated that this was a request that had previously been approved by the City Council for the zoning. This was a request for approval of the ordinance. Teresa Yaden, a representative from the Nelson Corporation requested that the ordinance be removed from the agenda as they just received a copy of the ordinance and did not realize that it was on the agenda for that evening. She stated that the format had been changed somewhat from what had been submitted and that the Myers Development Corporation had not had a chance to review the ordinance before it was approved and signed. Alford motion, Riddlesperger second to table the ordinance until the next meeting. Motion carried unanimously. 6. Resolutions A. The Council considered approval of resolution regarding protection of water supply reservoirs. Bob Nelson, Director of Utilities, informed the Council that over the last 8-9 months, 7 regional water supply systems, municipalities in the north central Texas area, had been participating in an effort to review major concerns about the future water quality in this area. This area was primarily dependent on surface water and .with the large amount of growth in this area, there was an increasing concern of the quality of water. This resolution was drawn up to outline these major concerns and recommendations such as a need for education, concepts of regionalization of some of the wastewater treatment systems, conservation, reclamation, and a recognition that the problem is compounded by a multi-jurisdiction of the area. Council Member McAdams stated that she felt this was a good step in getting ahead of the problem. Mayor Stewart stated that this had been a problem for a long time and was glad to see that something was being done about it. The following resolutioR was presented: RESOLUTION WHEREAS, the quality of water in many reservoirs in the North Texas region is threatened by unprecedented growth in the drainage areas or watershed of such reservoirs: and WHEREAS, the North Central Texas Council of Governments is pledged to the protection of the region's drinking water supply reservoirs to ensure that water quality does not deteriorate as development occurs, and to attempt to improve the water quality to the point of fullest public enjoyment of this crucial resource-clean water: and WHEREAS, the City of Denton has been working with the North Central Texas Council of Governments in an effort to protect drinking water: and WHEREAS, the Cities of Arlington, Dallas, Denton and Fort Worth, the North Texas Municipal Water District, the Tarrant County Water Control and Improvement District No. 1 and the Trinity River Authority have developed the Policy Position which was endorsed by NCTCOG's Water Resources Council and Adopted by NCTCOG's Executive Board: and WHEREAS. such policy position will serve to to guide future local activities, increase public awareness about water quality problems, the development of cooperative watershed City of Denton City Council Minutes April 1, 1986 Page 17 management plans involving all local governments within each reservoir watershed, designate regional agencies to manage wastewater treatment and emphasize pollution prevention: and ~{EREAS, such policies are as follows: 1. Reservoir water quality must be protected. 2. Citizens must be convinced of the vital need, and local governments empowered, to protect lake water quality. 3. Prevention of water pollution must be emphasized, since prevention is much more cost-effective than pollution correction or water treatment. 4. Regional agencies should be designated by the state to manage wastewater treatment in reservoir watersheds. 5. Alternative wastewater treatment processes providing fo~ the conservatio~ and reclamation of water should be considered. 6. Wastewater treatment levels must be sufficiently stringent to protect lake quality, including nutrient and toxic controls where necessary. 7. Inter~urisdictional watershed management plans should be prepared. 8. Illegal dumping and unpermitted landfill operations must be stopped. 9. Comprehensive stormwater management programs that include control of significant nonpoi~t sources of pollution should be developed by cities and counties in reservoir water sheds. 10. Septic tanks should be used only in rural areas under strict local government regulation. 11. A coordinated monitoring, analysis and reporting system should be implemented for all reservoirs and their watersheds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton is in full support of the above policy position on protection of water supply reservoirs as adopted by the North Central Texas Council of Governments. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED ~D APPROVED this the 1st day of April, 1986. MAYOR CITY OF DENTON, TEXAS 57 City of Denton City Council Minutes April 1, 1986 Page 18 ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Hopkins motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered approval of resolution approving a joint study with Denton County water suppliers - Water for the Future Committee of Denton County. Bob Nelson, Director of Utilities, informed the Council that the purpose of the group was to try and coordinate some of the future water distribution and water treatment systems in the County so that there would be a coordinated plan for how the water requirements for the various communities would be served. The committee first identified what were the requirements and alternatives for the various communities. The funding for this study would be received from each community on a fixed fee payment. The fee was graduated according to population. Denton's share would be approximately $11,000-12,000. The Public Utilities Board expressed approval o~ this fee with a maximum charge not to exceed $13,000. The County was requesting all the various communities to indicate by resolution a support of their willingness to participate before they took any action on it, Council Member Riddlesperger asked what part COG played in this. Nelson replied that COG had not played a part in this so far but that as the regional activity was developed, they would be contacted. Council Member Riddlesperger stated that he felt that whenever it was possible, the group should coordinate as closely as possible with COG. Council Member McAdams stated that she had attended a meeting with Commissioner Lee Walker some time ago and that the smaller communities were anxious to work together to get some kind of water supply system for Denton County, The following resolution was presented: RESOLUTION WHEREAS, a "Water for the Future of Denton County Committee" has been organized to formulate a coordinated plan to provide water and wastewater services to the citizens of Denton County, and: 58 City of Denton City Council Minutes April 1, 1986 Page 19 W~{EREAS, such Committee represents Denton County, and the cities of Denton, Dallas, Lewisville, Sanger, the Colony, Highland Village, Ponder, Bartonville, Little Elm, Aubrey, Lake Cities Municipal Utility Authority, Flower Mound, Argyle, and others, and: W~{EREAS, the Committee has concluded that the first step in determining an overall water/wastewater plan is to conduct an engineering study to evaluate the present status, future requirements and possible alternatives; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton hereby supports this coordinated water/wastewater planning and pledges to contribute to the joint funding of such engineering study in an amount not to exceed $13,000 so long as such study is conducted as a cooperative venture with and in a joint manner among the herein referenced participants including Denton County. SECTION II. Tllat this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered approval of resolution in support of the preliminary County Wide Transportation Plan for Denton County. Rick Svehla, Assistant City Manager, stated that staff had been meeting with County representatives to develop a transportation plan. He stated that the plan was a good one and that the resolution was for approval of the draft of the document - the County had not made a final plan as yet. 59 City of Denton City Council Minutes April 1, 1986 Page 20 The following resolution was presented: RESOLUTION WHEREAS. Denton County is the fourth fastest growing county in the country; and WHEREAS, Denton County and its cities need to develop a systematic approach that will set priorities and indicate when and which transportation improvements are needed; and WHEREAS, it is felt that the Denton County Commissioners Court should implement a program to meet our future right of way needs due to our phenomenal growth factor; and WHEREAS, the City Council of the City of Denton wishes to express support for the concepts set forth in the preliminary county-wide transportation plan; NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council hereby urges that the Commissioners Court of Denton County approve the preliminary County Wide Transportation Plan and implement its program of transportation improvements for Denton County extending over the next two decades. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of April, 1986. MAYOR CITY OF DENTON. TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered approval of resolution temporarily closing the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street on June 21, 1986 for a "County Seat Saturday" Sesquicentennial celebration. 60 City of Denton City Council Minutes April 1, 1986 Page 21 The following resolution was presented: RESOLUTION WE~REAS, on Saturday, June 21, 1986, the merchants and professionals located within the Central Business District of Denton are sponsoring a "County Seat Saturday", a Sesquicentennial celebration to be held on the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Loc~[st Street and 100 Block of West Hickory Street, comprising the "Courthouse Square": and W[~REAS, all abutting merchants and professionals su£rounding the area have given their permission to the temporary closing of said streets: and ~REAS, County Seat Saturday is open to the general public of the City and County of Denton: and W[~REAS, in order to provide adequate space for County Seat Saturday, a Sesquicentennial celebration, 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 the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", from the hours of 6:00 A.M. until 8:00 P.M. on June 21, 1986: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thoroughfares of any kind or character whatever on June 21, 1986 from 6:00 A.M. until 8:00 P.M. for the purpose of holding "County Seat Saturday". SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 8:00 P.M. on June 21, 1986. 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 1st day of April, 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 61 City of Denton City Council Minutes April 1, 1986 Page 22 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Hopkins motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered a resolution temporarily closing Hickory Street from the east side of Bell Avenue to the east side of the railroad tracts on June 21, 1986 and June 22, 1986 for a Sesquicentennial Arts and Crafts Fair. The following resolution was presented: RESOLUTION WHEREAS, on Saturday, June 21, 1986 and Sunday, June 22, 1986, the Greater Denton Arts Council is sponsoring a Sesquicentennial Arts and Crafts Fair on Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracts: and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street; and WHEREAS, the Sesquicentennial Arts and Crafts Fair is open to the general public of of the City and County of Denton: and WHEREAS, in order to provide adequate space for the said Sesquicentennial Arts and Crafts Fair 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 Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracts Saturday, June 21, 1986 from the hours of 10:00 a.m. to 8:00 p.m. and Sunday, June 22, 1986 from the hours of 10:00 a.m. to 7:00 p.m.: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracts shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Saturday, June 21, 1986 from the hours of 10:00 a.m. to 8:00 p.m. and Sunday, June 22, 1986 from the hours of 10:00 a.m. to 7:00 p.m. for the purpose of holding the Sesquicentennial Arts and Crafts Fair. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 7:00 p.m. on June 22, 1986. City of Denton City Council Minutes April 1, 1986 Page 23 SECTION III. T'~at 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 1st day of April, 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. F. Item F. was removed by staff. G. The Council considered approval of resolution approving a Commercial Operators Airport Lease Agreement for Fox-51 Limited on the Denton Municipal Airport. Clint Lynch, Airport Manager, told the Council that this was a standard airport lease agreement. Fox-S1 planned to build 6 hangers of various sizes which he would lease out to aviation-related businesses for the storage of aircraft. The hangers would be similar in color to the existing hangers but would be different in sizes according to the customers needs. He stated that certain safeguards were in the contract such as a clause making sure that surrounding property was not blocked [n. The following resolution was presented: RESOLUTION WHEREAS, the City of Denton owns property available for lease at the Denton Municipal Airport: and WHEREAS, Fox-51 Limited, a Texas corporation, desires to lease 'property at the Denton Municipal Airport and to use the same for hangar construction, ~ hangar rental and related aeronautical purposes: and WHEREAS, the City of Denton desires to lease property upon the Airport for such purposes: and City of Denton City Council Minutes April 1, 1986 Page 24 WHEREAS, the Airport Advisory Board has reviewed and recommended approval of the attached proposed lease agreement: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Airport Lease Agreement (Commercial Operator) between the City of Denton and Fox-51 Limited, attached hereto and incorporated herein by reference, is hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. SECTION III. That this Resolution shall be e~fective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered approval of a resolution authorizing a public hearing concerning the construction of proposed improvements at the Denton Municipal Airport. Clint Lynch, Airport Manager, stated the the FAA required a public hea~ing when improvements were to be made to the airport. This hearing must be properly authorized by the Council and thus the reason for the resolution. City of Denton City Council Minutes April 1, 1986 Page 25 The following resolution was presented: RESOLUTION WlqEREAS, tke Council of the City of Denton, Texas proposes to make certain improvements upon the Denton Municipal Airport: a~d WHEREAS, the National Environmental Policy Act of 1970 and applicable regulations promulgated by the Federal Aviation Administration require that a public hearing be held, with notice thereof, for the purpose of receiving citizen input concerning any environmental impact which may be caused by the proposed improvements: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Manager of the Denton Municipal Airport is hereby autho£ized and directed to designate a time and place for a public hearing concerning any environmental impact which may be caused by proposed airport improvements and to cause notice of the same to be published twice in the Denton Record Chronicle, at least thirty (30) days prior and fifteen (15) days prior to said public hearing. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. City of Denton City Council Minutes April 1, 1986 Page 26 I. The Council considered approval of a resolution appointing Assistant City Judges for the Municipal Court of the City of Denton, Texas. The following resolution was presented: RESOLUTION WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant City Judges to perform the duties and functions of the City Judge: and WHEREAS, the City Council deems it necessary to appoint two Assistant City Judges to handle the judicial functions of the Municipal Court in the absence of the City Judge: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Howard Watt and David Garcia are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. SECTION II. That the Municipal Judge and her assistants shall receive the sum of Twenty-five Dollars ($25.00) per hour for their services. SECTION III. This resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 1st day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. City of Denton City Council Minutes April 1, 1986 Page 27 J. The Council considered approval of a resolution establishillg a deferred compensation plan for employees of the City of Dellton, Texas. Lloyd Ha£rell, City Manager stated that the backup material in the agenda packets went into great detail describing the deferred compensation plan. Nedra Mentor, Personnel Specialist, informed the Council that the plan was an excellent one and would like to recommend that the Council adopt the plan. The followfng resolution was presented: RESOLUTION ~EREAS, the City of Denton has employees rendering valuable services: and ~HEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the City of Denton by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel: and WHEREAS, the City of Denton has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation will serve the above objectives: and WHEREAS, the City of Denton desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be held by the ICMA Retirement Trust, a trust established by public employers for the purpose of representing the interests of such employers with respect to the collective investment of funds held under their deferred compensation plans: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton adopts the deferred compensation plan, attached hereto as Appendix A, and appoints the ICMA Retirement Corporation to serve as Administrator thereunder. SECTION II. That the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B. SECTION III. That the employer hereby adopts the trust agreement, attached hereto as Appendix C, and appoints the ICMA Retirement Corporation as Trustee thereunder, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. City of Denton City Council Minutes April 1, 1986 Page 28 SECTION IV. That the Personnel Director shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retire'ment Corporation as Admi~istrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. SECTION V. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of April, 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS By~TM Chew motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 7. There was no official action on Executive Session items of legal matters, real estate, personnel or board appointments. 8. Miscellaneous matters from the City Manager A. To date Charlotte Allen, City Secretary, reported that there had been 441 absentee voting by personnel appearance with 44 mail requests. B. Reminder that the Council would meet a week from that day to canvass the results of the election. C. Reminder that the Council of Governments would be having a 25th anniversary dinner April 11 at 7:00 p.m. Harrell asked if any of the Council members would like to attend. Riddlesperger, Chew and Mayor Stewart expressed an interest in attending. 9. No items of New Business were suggested by Council Members for future agendas. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. 68 City of De~lton City Council Minutes April 1, 1986 Page 29 With no fu;.~the~ items of business, the meeting was adjourned. 0144o City Council Minutes April 3. 1986 Emergency Meeting of the City of Denton City Council on Thursday, April 3. 1986, at 5:00 p.m. in the Council Chambers of the Municipal Building at which the following items were considered: PRESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Alford, Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and Deputy City Secretary ABSENT: None The Mayor called the meeting to order. 1, The Council convened into executive session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken. The Council then convened into the regular meeting in the Council chambers. 2. The Council considered approval of a resolution regarding Flow Hospital. The following resolution was presented: RESOLUTION WHEREAS, in December, 1985, the Denton City Council endorsed the final report and recommendations of the Blue Ribbon Committee on Flow Memorial Hospital: and WHEREAS, on January 31, 1986, the City and County were presented with an Asset Transfer Agreement to accomplish the Committee' s recommendations and since that time, both have endeavored to finalize the terms of said Agreement to ensure compliance with all applicable constitutional provisions and statutes and to ensure that the transferee, a newly created non-profit corporation, will continue to operate the hospital on a non-profit basis to ensure the continued existence of a community-based, non-profit hospital institution, and, to that end, have recommended certain revisions to said Agreement: and WHEREAS, although the City Council has approved the concept of a transfer for the consideration proposed by the Blue Ribbon Committee, the Council is concerned about its legal responsibilities and compliance with all applicable laws and is of the opinion that to legally accomplish the desired objectives, any agreement with the newly created corporation must first be approved by a court of competent jurisdiction at law, or, that such transfer should be accomplished through entry into a long-term lease: and WHEREAS, on March 31, 1986, legal counsel to the newly-created corporation presented the City with a revised draft of the Asset Transfer Agreement: and WHEREAS, the City desires to ensure the achievement of the goals of the Committee and the Council in the most expeditious manner possible; and 70 City of Denton City Council Minutes Meeting of April 3, 1986 Page Two W[~REAS, members o~ the Commissioners Court of the County of Denton, Texas, joint owner of Flow Memorial Hospital, have expressed to Council Members their concern that compliance with all legal restrictions and obligations be achieved prior to the approval of a final agreement; and ~qIEREAS, the City Council is cognizant of and wishes to recognize such concerns: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That, in order to provide sufficient time for the County Commissioners and their legal counsel to review and comment on the present documents, the City's representatives are hereby directed to transmit copies of the existing documents to the County and use their best efforts to work with the other parties to the transaction to finalize an agreement within ten (10) days, giving due consideration to the concerns of the County Commissioners and their legal representatives. SECTION II. That the City Manager is hereby directed to deliver a copy of this resolution to the Honorable Buddy Cole, Commissioner Sandy Jacobs, Commissioner Ruth Tansey, Commissioner Lee Walker, and Commissioner B. E. Switzer. SECTION III. T~at this Resolution shall become e~fective immediately upon its passage and approval. PASSED AND APPROVED this the 3rd day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 71 City of Denton City Council Minutes Meeting of April 3, 1986 Page Three Stephens motion, Chew second to approve the resolution. Mayor Stewart said that prior to the discussion of the resolution he wanted to make sure everyone present knew that this was not a hearing, However, the legal representatives of the County and some representatives from the County Commissioners have asked and will be allowed to speak. Robert Heath from the legal firm of Bickerstaff, Heath, and Smiley in Austin, expressed his interest in reaching a contract regarding Flow Hospital and having a transfer agreement. He said he has some concerns with the drafts that have come about because of the legal and constitutional implications. He said he wanted to work them out in a way that can be acceptable to all. He said that the most basic issue that must be resolved is the consideration issue and that should be able to be resolved expeditiously. Mayor Stewart asked if the Council had any questions for the speaker. Council Member Ray Stephens asked if the 10-day provision was adequate from Mr. Heath's point of view. Mr. Heath said that once the consideration issue is resolved the other can be resolved shortly. He said he could not guarantee 10 days but that it is reasonable, pending working something out on the consideration issue. Council Member Charles Hopkins said that it is important not to take any longer than necessary and to do a good job. Mayor Stewart asked Mr. Heath if he had any concern with the resolution as it stood. Mr. Heath said that there is no guarantee that something can be done within 10 days but he would try his best, He said that now is not the time to commit to a particular form or draft and the resolution does not do that. Linda Aker with Bickerstaff, Heath, and Smiley spoke. She stated her concern that some of the issues left to be resolved concerned everybody, not just the County. For example, there is nothing in the current contract that deals with what will happen to all the employees of the hospital. There are a lot of issues that need to be addressed in the contract, not just County concerns. Council Member Chew said that the Council agreed that there are a lot of concerns that Denton has that need to be worked out. He assured Ms, Aker that the City's attorneys would be working on those aspects also. Ruth Tansey, County Commissioner, Precinct 1, said that the resolution looks fine and she appreciated the Council listening to her concerns. Buddy Cole, County Judge, said that he appreciates that the Council recognizes legitimate and important legal concerns about the current document on Flow Hospital. He said that this shows the public that the City and the County can get along on a very major issue such as this. He said that he will urge his legal council to get the problems in the document ironed out within the 10-day time frame. He understands the urgency because of the hospital's position at this time. 72 City o~ Denton City Council Minutes Meeting of April 3, 1986 Page Four Mayor Stewart said that he appreciated that attitude that the County Commissioners were taking. He said that he lust wants to get an agreement and a document that everyone could live with. Judge Cole said that he wanted to convey to the citizens in the county is that the personal concerns of the County and the Council were not what this meeting was about. These issues reach into the constitution of the state, which they have all pledged to uphold. They have nothing to do with personal concerns. Council Member Riddlesperger said that many people put more stress on the idea that the City and County "bicker" but he said that he has not witnessed a lot of "bickering." He said that he does not anticipate having an antagonistic view in this ~ssue. Judge Cole said that the contentions are noble ones, with both entities t~ying to work toward the same ends. Council Member Hopkins said that we have here the nucleus o~ an agreement that will give something to work on to solve the problem within 10 days. The Council passed the resolution unanimously. 4. The Council considered approval of the appointment of Board of T~ustees for Flow Regional Medical Cente~. Riddlespe~ger moved, Hopkins second to appoint Roge~ Nunno M.D., Frank Davila, Jim Kill[ngsworth and L~nda Brock to the Board of Trustees. The Counc~.l convened into executive session to discuss legal matters, real estate, and personnel. With no further items of business, the meeting was ad~ou=ned. LOREEN J A~SON// DEPUTY CITY S~RETARY 0230e 73 City Council Minutes April 8, 1986 The Council convened into the work session at 5:30 p.m. in the Civil Defense Room, PRESENT: Mayor Stewart: Mayor Pro Tem Hopkins: Council Members Chew, McAdams, Riddlespe£ger and Stephens Assistant City Manager, City Attorney and City Secretary ABSENT: Council Member Alford was in Washington, D.C. with the Trinity Improvement Association 1. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. The Council then convened into the Special Called meeting at 7:00 p.m. in the Council Chambers. The Council considered the emergency agenda addendum item. 1. Resolution The Council considered approval of a resolution nominating a person to serve on the Board of Directors for the County Wide Appraisal District. Mayor Pro Tem Hopkins nominated Mr. David Finch. The ~ollowing resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council o~ the City of Denton, Texas, hereby nominates David Finch to be a member of the Board of Directors of the County Wide Appraisal District for the County of Denton, Texas, to fill the vacancy created by the demise of Raymond Pitts. SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 8th day of April, 1986. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Hopkins motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion canrfed unanimously. 74 City of Denton City Council Minutes Meeting o4 April 8, 1986 Page Two The Council then returned to the regular agenda order. 1. The Council considered adoption of an ordinance and service plan annexing approximately 614.6 acres being part of the E, Pickett Survey, Abstract 1018, the N. Britton Survey, Abstract 51, the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 1085, and the B. Rogers Survey, Abstract 1101, and beginning north of Old Alton Estates, south o4 Ryan Road, west of FM 2181, and east of the G.C.&S.F. Railroad. A-30 David Ellison, Senior Planner, reported that this was the final action on the annexation. A map of the area was presented for Council review. The following ordinance was presented: NO. 86-76 ~g ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ~DJACENT TO THE CITY OF DENTON, TEXAS: BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 614.6 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE E. PICKETT SURVEY, ABSTRACT NO. 1018: THE N. BRITTON SURVEY, ABSTRACT NO. 51; THE J. ROGERS SURVEY, ABSTRACT NO. 1084: THE J. ROGERS SURVEY, ABSTRACT NO. 1085; AND THE B. ROGERS SURVEY, ABSTRACT NO. ll0l, DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "nay," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart abstained. Motion carried 4 to 1 with Mayor Stewart abstaining. 2. The Council considered adoption of an ordinance canvassing the results of the April 5, 1986 City Council election. The following ordinance was presented: NO. 86-77 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR AND SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON APRIL 5, 1986. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. Mayor Stewart stated that he had been on the City Council for nine years and on the Airport Advisory Board for three years prior to the Council. These had been wonderful years, and he had had the opportunity to work with people who were generally very receptive, kind and helpful. He expressed his appreciation to the present City Council and felt they had been very effective. Many positive things had been accomplished during with this Council, such as the development of a Personnel office for the City and the Council's work with the various arts groups. It had been his privilege and honor to serve ~or the number~-one city in the state of Texas. Mayor Pro Tem Hopkins stated that it had been a pleasure to work with this Council during the past five years. He would be glad to help if his services were required and admonished the new Council to accept the upcoming challenges. 3. Oath of office administered to newly elected Council Members. 75 City of Denton City Council Minutes Meeting of April 8, 1986 Page Three City Secretary Charlotte Allen administered the oath of office to Ms. Jane Hopkins, Place 4; Dr. Jim Alexander, Place 5; Ms. Linnie McAdams, Place 6: and Dr. Ray Stephens, Mayor-Place 7. 4. The Council did not convene into the Executive Session to discuss legal matters, real estate, personnel or board appointments. With no further items of business, the meeting was adjourned. 1559a City Council Minutes April 15, 1986 The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambe£s. PRESENT: Mayor Stephens; Council Members Alexander, Alford, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None Mayor Stephens presented a Proclamation for the Denton High School Chamber Orchestra. The Proclamation was accepted by Mr. Michael Allen, the conductor of the orchestra. Mayor Stephens presented a Proclamation for American Home Week, April 13 through 18. Mr. Moore of the Board of Realtors accepted the Proclamation. 1. Tile Council considered approval of the Minutes of the Regular Meeting of January 21o 1986. Riddlesperger motion, McAdams second to approved the Minutes as presented. Motion carried unanimously. 2. Consent Agenda Riddlesperger motion, Alford second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid ~ 9599 - Cement, lime and aggregates 2. Bid ~ 9600 - Asphalt, emulsion, road materials 3. Bid ~ 9601 - Distribution transformers 4. Bid ~ 9602 - Construction of Paige Road substation 5. Bid ~ 9603 - Wooden utility poles B. Plats and Replats: 1. Approval of preliminary plat of the Green Valley Ranch Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the 1-35W Addition, Lots 1R and 2R, Block 1. (The Planning and Zoning Commission recommends approval.) C. Tax Refunds: 1. Approval of a tax refund for TTNT, Inc., in the amount of $759.49 2. Approval of a tax refund for Schwan's Sales Enterprises, Inc., in the amount of $1,025.10 3. Approval of a tax refund ~or Richard W. Cheatham in the amount o~ $578.60 77 City of Denton City Council Minutes Meeting of April 15, 1986 Page Two D. Contracts: 1. Approval of a contract with North Texas Umpires Association. 3. The Council received the annual report to the City Council by the Conventions and Visitors Bureau of the Chamber of Commerce. Dr. Derrell Bulls, Chairman of the Board of Directors of the Denton Chamber of Commerce, reported that the Chamber was looking folward to wolking with the new City Council. Denton was the best place in Texas, the United States, and the world to live. The crape myrtle project had met and exceeded its goal of $5,300. The new voluntary Chairman of the Convention and Visitors Bureau was Tom Mitchell. Mr. Tommy Caruthers would make the presentation for the Buleau, Mr. Caruthels had served as the Chailman for the Bureau since its beginning in 1976 and had worked with 10 different Chamber Chairmen. Under his leadelship, the numbel of hotel/motel looms in the City of Denton had lisen from 500 to over 1,000. Bid plesentations had been prepaled to entice people to visit Denton and the Bureau had become computerized to accommodate conventions. The Buleau had also WOlked with the North Texas Fair Association in their attempts to establish an exposition center and also had worked with the Confederate Air Force. The Bureau was on sound footing financially and in evely othel way also. MI. Tommy Caruthels then gave highlights of the repolt ,which had been folwarded to the City Council. The entile goal of the Convention and Visitols Bureau was to fill the hotel rooms in Denton. The Royal Hotel Suites had opened and the new Sheraton would be opening in a matter of weeks; both were a credit to the City. A number of travel shows had been completed, and these had imploved the qualify of information on Denton which was being disseminated. Computers, which wele essential to the tour bus business, were in and operational. The North Texas Fail Association's exposition centel was in process and, when completed, would have an enormous impact on the City of Denton. The Bureau had been wolking roi mole than 10 years to have the Dallas wing of the Confederate Air Force relocate to Denton, and this was finally a leality. Tourism in Texas was the %2 industry with 1986 looking palticularly good as it was the sesquicentennial yeal. Mr. Caluthels concluded by stating that he was proud of what the Buleau had accomplished, and this was only the beginning. 4. Public Hearings A. The Council held a public hearing on the petition of Richard Compton requesting planned development (PD) zoning on 80 acres located apploximately 1,150 feet west of Teasley Lane (FM 2181) and nolth of Hickory Cleek Road. If applOVed, the planned development will permit the following land uses: Single Family - 36 acres (total 144 unitS) Duplex - 20 acres (total 92 units) Condominium - 9 acres (total 89 units) Multi-Family - 13 acles (total 200 units) Recleation Center (Private) - ~ acre General Retail - 1 acre Z-1776 The Mayor opened the public healing. Mr. Brian Burke, Burke Engineering, spoke in favol, stating that he had wolked with MI. Compton on the voluntary annexation, land use plan, and pleliminary plat for this 80-acre tract. They had worked closely with the City's utility staff and engineeling staff regarding drainage. They had also worked with the adjacent landownels. Acme Blick Company owned propelty to the nOlth of the site, The multi-family portion of the petition would be located adjacent to the Acme Brick tlact. Density would be 6 units pel acre 78 City of Denton City Council Minutes Meeting of April 15, 1986 Page Three with 40 feet of right-of-way dedicated and 50-foot building lines in the area of the anticipated extension of Loop 288. The developer had also looked at phasing the construction of the development. Mr. Jeff Bodley, representing Acme Brick, spoke in opposition, stating that the company was presently mining their property and expected to increase mining activities. He did not believe high density housing should be placed next to this type of mining operation. Council Member McAdams stated that she understood that Acme Brick planned to continue their mining operations and asked if the company would not object to the development as long as the developer knew that the mining would continue, Mr. Bodley responded yes. Cecile Carson, Urban Planner, reported that 9 reply forms had been mailed with 1 returned in favor and 0 in opposition. The property was located in the Hickory Creek corridor area, and land uses were in conformance with the Denton Development Guide. There was a vast amount of zoning activity in this area with two petitions on this agenda, and another in process. This was "first come - first served" zoning. The petitioner had agreed to 50-foot setbacks on Hickory Creek Road to accommodate the future Loop 288. The Planning and Zoning Commission had recommended approval. The Legal staff was looking into the Acme Brick issue. McAdams motion, Alford second to approve the petition. Motion carried unanimously. B. The Council held a public hearing on the petition of R. J. Button requesting planned development zoning on 74.9 acres located at the northwest corner of Hickory Creek Road and Teasley Lane (FM 2181). If approved, the planned development will permit the following land uses: Single Family - 27.40 acres (total of 117 units) Park - 3.24 acres Office - 6.12 acres Commercial - 20.20 acres Multi-Family - 19.16 acres (total of 345 units) Z-1794 The Mayor opened the public hearing. Mr. R. J. Button, one of the owners of the property, spoke in favor stating that he had owned his portion of the property for 6 years. In October, 1985 he had approach staff asking their advice on zoning and annexation. Staff had felt that the time was appropriate for annexation. An 800-acre parcel had been annexed on April 8, and this tract, was a portion of that parcel. He had worked with staff regarding the 40-foot right-of-way and 50-foot setback on Hickory Creek Road. The highest density in the proposed development was 18 units per acre which was not unusual for apartments. Staff and added 16 conditions to the petition, and he was in agreement with all of them. He had worked with staff regarding the commercial uses. During the filing of the site plan, he would also present a tree preservation plan. Council Member Riddlesperger stated that he was surprised to see the proposed commercial and retail uses on the plan. Button responded that zoning was on a "first come - first served" basis, and he did not make the rules. Mr. Jerry Cott, owner of Sundown Ranch, spoke in favor, stating that his property was north of the proposed development. He stated that Mr. Button. had proved to be a very responsible developer. 79 City o~ Denton City Council Minutes Meeting of April 15, 1986 Page Four Mr. Ga~y Mandragil spoke ~n opposition, stating that he lived across the street from where the parking lot would be for the commercial portion of the development. The area d~d not need retail uses, He had come before the Council previously due to his concern for the neighborhood. Retail space was already available at the mall and the downtown area. It would not serve the people of Denton to have retail uses in this location. He had put his life savings into his home and now would have a parking lot, video arcade or beer store across the street, The neighbors were not informed of this petition and did not want it. Council Member Riddlesperger expressed surprise that the City did not have to notify persons within 200 feet of a proposed zoning change ~f they were not inside the City limits. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the property was in a moderate intensity node which the City Council had approved in the 1985 update to the Denton Development Guide. The proposal included a variety of land uses. The site was located along two primary roads, and the developer had agreed to 40-foot right-of-way dedication and 50-foot setbacks for future expansion. Staff had received a plat which showed single family (SF-7) use on the property next to Mr. Mandragil. The Planning and Zoning Commission had recommended approval with 16 conditions. Council Member Chew asked ~f the commercial portion could be changed to limited general retail. Carson responded that the original petitlon was for commercial which had a wide range of uses. Staff had negotiated to limit the number of commercial uses. Debra Drayovitch, City Attorney, reported that the law provided that the Planning and Zoning Commission must conduct hearing notification for City residents within 200 feet of a proposed zoning change. It took time for recently annexed area to appear on the tax rolls. This petition had been published in the newspaper of record for Denton: therefore, the City was in compliance with the law. David Ellison, Senior Planner, reported that it had not been the custom of staff to notify people outside the City limits. Some petitions would fall under the 20% rule and would give people outside the City limits control over zoning in Denton. Chew motion, Alford second to approve the petition. Motion carried unanimously. C. The Council held a public hearing on the petition of David C. Martino requesting approval of a specific use permit in a single family ($F-10) zoning d~strict. This is a 2.814-acre tract located 652 feet east of Old North Road and 1,500 feet north of University Drive and situated in the Caswell Ca~ter Survey, Abstract 275. If approved, the specific use permit would allow the development of a recreational area for baseball, soccer, football, track or other field sports. $-188 The Mayor opened the public hearing. Mr. Trey MartinOo representing his brother David, spoke in favor, stating that the church had recently bought a site adjacent to this property across ~rom the drainage ditch and wo~ld be building a large church facility. It had been their practice in the past to encourage physical activities of this nature. The idea was to purchase the land for development for recreational activities. The property was buffered on two sides: one by the creek and one by the drainage easement. 80 City of Denton City Council Minutes Meeting of April 15, 1986 Page Five No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Senior Planner, reported that 5 reply forms had been mailed with 2 returned in favor and 0 in opposition. The property site was located in an area which was predominantly or entirely zoned SF-10. A large portion of the property was currently under development. There was a site which had been platted for a church which would abut Old North Road. The property was located to the east of that tract and the drainage area. At this point in time, it was difficult to access and almost impossible to see from Old North Road. The main concern which staff had was not the use as it was outlined in this petition, but rather the potential effects on the neighborhood in the future. There was a proposed road on the site plan with SF-10 housing. The proposed park would be private, fenced and for the sole use of the church facility. It was a benefit to the neighborhood to have the open space but, as it was private, ~t would not be open to the neighborhood children, unless they were invited to use the facility. A question had been raised at the Planning and Zoning Commission regarding the use of lights on the property. Staff had a problem with permitting lights on the property, because it would affect the residential nature of the neighborhood and might affect the single family homes being sold in the future. Staff also recommended that a time limit be placed on the area so that, after development, the use could be re-examined by the P&Z and Council to determine if this was an appropriate use in the area. The Planning and Zoning Commission did ~ecommend approval, as it did not violate any Denton Development Guide policies. Two P&Z members did express concern that a time limit should be placed on the property. Staff requested that the P&Z recommendation for approval be considered but that Council add a condition concerning a time limit and also a condition stating whether lights should be pc=mitred on the property. Staff was recommending a three-year time limit on the property so that the Council co'uld review. Council Member Alexander asked if there was any limit recommended by staff relating to the use of lights. Carson responded that the only limit proposed was by City ordinance, as far as when the park would be open, which would require the lights in the park be turned off at 10:30 p.m. Staff, in most cases, would not have a consideration as far as lighting was concerned: however, in this case, it was felt that it could have a negative impact on the neighborhood. Council Member McAdams stated that she was wondering about the applicant's attitude about the lighting. It seemed that when thinking about the types of uses which were suggested, there could be noise and a problem with the adjacent property owners in the future. In other cities, the~e was strong opposition to permitting even churches to develop anywhere because of the parking problems and how adjacent activities impacted the neighborhood. This was a fairly large recreational area which would not be serving this neighborhood per se. ~t was questionable whether the Council should freely permit lights and noise foe as long as desired with no checks. If no provisions was made, Council could not go back at a later date, if the neighborhood complained, and do anything about it. Council Member Chew agreed that a time limit should be set. Chew motion to approve the petition and include the staf~ recommendation of a time light of three years and no lighting at all. Motion died for lack of a second. Council Member Hopkins stated that she thought the agenda material had state~ that the church would be bound by the City rules for City parks regarding the lighting. 81 City of Denton City Council Minutes Meeting of April 15, 1986 Page Six Carson reported that the Planning and Zoning Commission recommendation regarded the time which the park could be open. They had not addressed the issue of lighting at the P&Z meeting. If lighted, it would be anticipated that it would be lighted the same hours the City parks were lighted. McAdams motion, Riddlesperger second to approve the request with an automatic review within three years, and lighting and opening time of the park to be limited by City rules governing other parks. Council Member Alford asked if it would be appropriate to ask the petitioner if the motion concerning the lighting and time limit was acceptable. Martino responded that they had anticipated that they would be under the same rules as the City parks and were in agreement with that. They were not excited about the three-year time limit. They were paying the same fees as others for a specific use permit and did not want to have to do that again. Mayor Stephens stated that he did not believe that the motion meant that the specific use permit would automatically expire, but rather to review to see how things were working out. The permit may or may not be continued at that point. The review would be an assessment. Council Member McAdams stated that if, at the end of three years, the neighbors felt that this was not serving them at all and that it was a burden to them, the Council would want to look at that. On the other hand~ if the church had proven to be good neighbors, there would be no problem. Council Member Chew stated that he had a problem in that the park was going to be private and could not see what use it would be to the neighborhood. Would it be made open and available to the neighborhood at any point in time or just strictly for church related activities? Martino replied that the church would be responsible for the maintenance on the park, and it had not been addressed as to whether the area would be completely fenced. It would be [enced to the ability to be able to play baseball: i.e., backstops and infield. They would want to be able to use the field for regularly scheduled events. They also felt they should have some control over the use. Council Member McAdams stated that it was like other church facilities, but the others were indoors and did not look quite the same when they were outdoors and in clear view. However, it should be something which the neighborhood accepted for its long-range use, Motion to approve with amendments of three-year assessment and lighting and use as in City parks carried 6 to 1 with Council Member Chew casting the "nay" vote. D. The Council held a public hearing concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Moreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that the annexation process took approximately 3 to 3 1/2 months to complete. This was a voluntary and involuntary annexation. The purpose was to extend a 500-foot strip down McKinney Street to connect with the voluntary portion of the annexation. Ellison presented _~ conceptual land use plan. There were 16 property owners 82 City of Denton City Council Minutes Meeting of April 15, 1986 Page Seven included in the annexation route and approximately eight structures.. One reply form had been received in favor and zero in opposition. The next public hearing would be held on May 6. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion car]~ied unanimously. E. The Council held a public hearing concerning the request of Miller of Texas, Inc., and the City of Denton for annexation of approximately 301.8 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham 1Survey, Abstract 330. A-38 The Mayor opened the public hearing. David Ell]~son, Senior Planner, spoke in favor stating that the property, if annexed and zoned, was to be included in the Lakeview development Ellison then presented an overhead projection of the proposed parcel and pointed out the various jurisdictions involved. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion caroled unanimously. 5. A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-78 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS T~EREFOR; AND PROVIDING AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". B. The Council considered adoption o~ an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-79 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", ~opkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye" C. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 103.2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. A-34 83 City of Denton City Council Minutes Meeting of April 15, 1986 Page E~ght The following ordinance was presented: NO. 86- 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 103.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING PART OF THE MYERS, JOHNSON, BRUMMET AND GREEN SURVEY, ABSTRACT NO. 1699; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On ~oll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", R~ddlesperger "aye", Chew "aye", and Mayo£ Stephens "aye". D. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the proposed annexation of approximately 66.42 ac~es situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 David Ell~son, Sen~or Planner, reported that the Council had studied th~s proposed annexation, The first public hearing would be held May 6, and the second public hearing would be held on May 20. The following ordinance was presented: NO. 86-80 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye" E. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2; W, Burleson Survey, Abstract 93; J. Burleson Survey, Abstract 91: S.M. Williams Survey, Abstract 1282; J. Carter Survey, Abstract 237; W. Pogue Survey, Abstract 1013: and the F. Ja[me Survey, Abstract 664, and beginning east o~ 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of FM 2164. A-40 David Ell[son, Senior Planner, reported that final action on this annexation was scheduled for May 20. Staff had driven this area and found that Rector Road was bad when dry and impassable when wet, The City should protect its Lake Ray Roberts water rights; however, there was a need to reassess this annexation. Staff suggested continuance o~ the annexation process, but also a review within the next 30 to 90 days. City Manager Lloyd Harrell ~eported that this item would be placed on the work session agenda for April 22, at which time alternatives would be d~scussed. The follow~ng ordinance was presented: NO. 86- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, 84 City of Denton City Council Minutes Meeting of April 15, 1986 Page Nine TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 226.70 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING PART OF THE J. AYERS, SURVEY, ABSTRACT NO. 2, W. BURLESON SURVEY, ABSTRACT NO. 93, J. BURLESON SURVEY, ABSTRACT NO. 91, S. M. WILLIAMS SURVEY, ABSTRACT NO. 1282, J. CARTER SURVEY, ABSTRACT NO. 237, W. POGUE SURVEY, ABSTRACT NO. 1013 AND F. JAIME SIJRVEY, ABSTRACT NO. 664: DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". F. The Council considered adoption of an ordinance approving the petition of Myers Development Corporation foe a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 131.7-acre tract of land located on the east side of Nowlin Road approximately 2,200 feet south of Robinson Road. Z-1706 David Ellison, Senior Planner, reported that this amendment was at the ~equest of the developer. The following ordinance was presented: NO. 86-81 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, AS AMENDED, AND AS SAID MAP APPLIES TO 131.76 ACRES OF LAND LOCATED ON THE EAST SIDE OF NOWLIN ROAD ~PPROXIMATELY 2,200 FEET SOUTH OF ROBINSON ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On coil call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". G. The Council considered adoption of an o~dinance approving the petition of Denton County Historical Museum, Inc. for a specific use permit to allow the Denton County Historical Museum to be located at 1035 West Oak Street. S-189 The following ordinance was presented: NO.86-82 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A MUSEUM: PROVIDING FOR THE REFERENCING OF SUCH USE ON 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 0.624 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED AT 1035 WEST OAK STREET, AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF: PROVIDING A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperge£ "aye", Chew "aye", and Mayor Stephens "aye". 85 City of Denton City Council Minutes Meeting of April 15, 1986 Page Ten H. The Council considered adoption of an ordinance for proposed oversize agreement with Southern Hills Addition, owner 1-35E/288 Joint Venture, and/or their assigns for a new sanitary sewer line. City Manager Lloyd Harrell reported that this item was not an ordinance and only required a motion and vote. Bob Nelson, Director of Utilities, reported that this was an oversize agreement for servicing sewer requirements. This would be a 24-inch sewer line to serve future development. Chew motion, McAdams second to approve the oversize agreement. Motion carried unanimously. I. The Council was to consider adoption of an ordinance approving pro rata agreement with Southern Hills Addition, owner 1-35E/288 Joint Venture, and/or their assigns for a new sanitary sewer line. This item was removed from the agenda by staff, 6. Resolutions A. The Council considered approval of a resolution temporarily closing Congress Street between the intersection of Alice Street and Denton Street from 3:00 p.m. to 8:00 p.m. on May 9, 1986 for Cougar Day. Ms. Eilnor Esmer, representing the Calhoun Parent-Teacher Association, stated that this was an annual event, and the closing was for the safety of the children. The following resolution was presented: RESOLUTION WHEREAS, on Friday, May 9, 1986, Calhoun Jr. High PTA is sponsoring an annual Day of the Cougar fundraising event, to be held on Congress Street between the intersection of Alice Street and Denton Street: and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street; and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton: and WHEREAS, in order to provide adequate space fo[ the said fundraising event 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 Congress Street between Alice Street and Denton Street from the hours of 3:00 P.M. until 8:00 P.M. on May 9, 1986; NOW, THEREFORE, BE ST RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or .public thoroughfare of any kind or character whatever on May 9, 1986 from 3:00 P.M. until 8:00 P.M. for the purpose of holding the Day of the Cougar fundraising event. SECTION II. That the portion of the above-described streets shall revert back to the City for normal traffic activity immediately from and after 8:00 P.M. on May 9, 1986. 86 City of Denton City Council Minutes Meeting of April 15, 1986 Page Eleven 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 15th day of April, 1986, CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM'[ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlespe£ger motion, Chew second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye" B. The Council considered approval of a resolution relating 'to the issuance of notes by the North Texas Higher Education Authority, Inc.: approving the issuance of one or more series of notes: and making certain findings ~n connection therewith. Mr. Ralph Rushing, North Texas Higher Education Authority, Inc., stated that this request was for approval to enter into a line of credit. Mr. Rushing then gave a brief history and explanation of the authority. John McGrane, Director of Finance, reported that there were three basic issues associated with this request. First, the Council had given continued support to the Authority. Next, this was the best alternative available to the Authority at this time. And lastly, there was no obligation on the part of the City for the notes. The following resolution was presented: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF NOTES BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.: APPROVING THE ISSUANCE OF ONE OR MORE SERIES OF NOTES: AND I~dkKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, there was established a non-pro,it 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 co~poration being known as the "North Texas Higher Education Authority, Inc." (the "Authority"): and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued bonds for the aforesaid purposes, and provision should be made for the refunding of such bonds or for the acquisition of the portfolio of loans generated thereby, additional funds are needed to continue the program, and it is now appropriate for this governing body to approve the issuance of additional notes for such purpose: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 87 City o~ Denton City Council Minutes Meeting of April 15, 1986 Page Twelve SECTION I. That this governing body has been advised by the Authority that such Corporation, upon approval thereof by the governing bodies of the City of Denton, Texas, and the City of Arlington, Texas, proposes to borrow funds pursuant to a line of credit in order to provide funds (i) for the acquisition of additional student loans in a principal amount not to exceed $90,000,000: and (ii) foe the refunding of all or part of the bonds of the Authority outstanding from time to time or for the purpose of acquiring the portfolio of loans now held under the indentures: that such notes would be initially issued as one or more series of notes (collectively, the "Notes") and that such Notes would be payable from and 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 line of credit agreement and trust indenture authorizing or securing such Notes and the payment thereof. The Notes will be issued to obtain funds with which to purchase Student Loan Notes which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, for the purpose of paying certain expenses. SECTION II. That this governing body hereby approves the issuance and delivery of such Notes in one or more series for the purposes aforesaid: and in this connection, requests that the said Authority exercise the powers enumerated and provided in Section 53.47 of the Texas Education Code: that such non-profi, t corporation shall, in this connection, exercise such powers for a~ on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code. SECTION III. That it is recognized by this governing body that the instruments which authorize the issuance of Notes by the Authority will specifically state that this City is not obligated to pay the principal of or interest on the Notes proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Authority 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 this City Council hereby specifically re~uses to set aside any present or future ~unds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION V. That this Resolution shall be effective from and after its passage and approval, and shall supercede the resolution heretofore adopted November 5, 1985. SECTION VI, That it is hereby officially found and determined that the meeting at which the resolution is passed is 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. PASSED AND APPROVED THIS 15th day of April, 1986. Ma i n, Texas ATTEST City Secretary APPROVED AS TO FORM: 88 City of Denton City Council Minutes Meeting of April 15, 1986 Page Thirteen McAdams motion, Chew second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Al~ord "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye", C.. The Council considered approval of a resolution authorizing the Mayor to sign Missouri-Kansas-Texas Railroad Company license on behal~ of the City of Denton relating to the installation of one buried 24" casing pipe housing individual conduits, 15 KV electrical wire, and communication cables at Mile Post K-725.65, Denton County, Texas for Paige Road substation. Bob Nelson, Director of Utilities, reported that this located by the substation near Paige Road. Exit feeders would be needed. This was a routine item. The followitng resolution was presented: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Tl~e Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated May it, 1986, between the City of Denton and the Missouri- Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one buried twenty-four inch (24") casing pipe housing individual conduits, each carrying a 15 KV electrical wire and communication cables at Mile Post K-725.65, Denton County, Texas. PASSED AND APPROVED this the 15th day of April, 1986. CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". D. The Council considered approval of a resolution authorizing the Mayor to sign Missouri-Kansas-Texas Railroad Company license on behalf of the City of Denton relating to the construction of a 16" water pipe line at Mile Post K-726.82, Denton County, Texas. Bob Nelsou, Director of Utilities, reported that the Lake Cities Municipal Utility Authority had been required to extend a 16-inch water line and would have to cross this property. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated April 1, 1986, between the City of Denton and the Missouri- 89 City of Denton City Council Minutes Meeting of April 15, 1986 Page Fourteen Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, operation, repair and installation by boring method, one sixteen-inch (16") water pipe line at Mile Post K-726.82, Denton County, Texas. PASSED AND APPROVED this the 15th day of April, 1986. RAYS~S~~R CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Alford second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". E. The Council considered approval of a resolution adopting North Central Texas Council of Government Standard Specification Amendments, April 1985. Rick Svehla, Assistant City Manager, reported that these were the specifications by which the City constructed roads. The changes were basically in the last pages of the specification, O The following resolution was presented: RESOLUTION WHEREAS, the City Council on April 2. 1985 adopted by resolution the Standard Specif.ications ~or Public Works Construction, North Central Texas (S.S,P.W.C., N.C.T.): and WHEREAS, the City Council has determined that it would be in the best interest of the City to amend the S.S.P.W,C., N.C,T.: NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Standard Specifications for Public Works Construc- tion, North Central Texas (S.S.P.W.C., N.C.T.), previously adopted by the City of Denton, are hereby amended, in part, by the adoption of the "North Texas Council of Governments Standard Specifications Amendments, April 1985" attached hereto, which shall be considered incorporated into and become a part o4 the S.S.P.W.C., N.C.T. for all purposes and shall hereafter govern and control over any conflicting provision contained in the S.S.P,W.C., N.C.T., as previously adopted. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 15th day of April, 1986. 90 City of Denton City Council Minutes Meeting of April 15, 1986 Page Fir tee. n CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM~ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: R[ddlesperger motion, Chew second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". 7. The Council considered approval of electing a Mayor Pro Tem. McAdams motion, R~ddlesperger second to nominate Joe Al~ord as Mayor Pro Tem. Riddlesperge~ motion, Alexander second to elect Council Member Alford Mayor Pro Tem by acclamation. Motion car~ed unanimously. 8. M![scellaneous matters from the City Manager. City Manager Lloyd Harrell reported that a letter had been filed with the City Manager's Office regarding a letter of resignation for Fire Chief Jack Gentry. Chief Gent~y had been with the City for 43 years and would be retiring effective May 1. C'[ty Manager Harrell rem~nded the City Council ~egarding reservations for the Texas Municipal League seminar ~or newly elected officials. A budget questionnaire had been forwarded to the Council, and the Manager requested their return after the meeting. He further reported that David Ellison of the Planning and Community Development staff had met with the residents of Vacation Village regarding the possibility of annexation. Some o~ the residents had approached Council seeking help with problems which existed ~n Vacation Village. Staff estimated it would take million to bring the ex~sting ~nfrastructure up to standard. An assessment of $8,000 to $10,000 would be required of each lot to get up to sta'sdard. During the meetlng with ~esidents, 6 had stated that would be in favor of annexation with the assessment; 8 would be in favor of annexation w~thout the assessment: 13 were not in ~avor ~n any way; and 1 did not know. 9. No new items of New Business were suggested by Council Members ~o£ future agendas. 10. The Council adjourned into the Executive Session to discuss legal matters, real estate, personnel and board appointments. There were no official actions on Official Action items of legal matters, real estate, personnel and board appointments. The Council then considered the emergency agenda addendum items. 1. The Council considered approval of the appointment of a member to the Board of Trustees for Flow Regional Medical Center. 91 City of Denton City Council Minutes Meeting of April 15, 1986 Page Sixteen Council Membe£ Riddlesperger nominated Ms. Ma~y Henderson Williams to the Board of Trustees. He stated that she would be the first woman on the board and due to her tenure on the Flow Memorial Hospital Board, was knowledgeable. Council Member McAdams nominated Ms. Genieve Scott. She stated that people had lost confidence with the hospital board, and a new person was needed. Vote on the Williams nomination failed 5 to 2 with Council Members McAdams, Chew, Hopkins, Alexande~ and Mayor Stephens casting the "nay" votes. Vote on the Scott nomination carried 5 to 2 with Council Member Riddlesperger and Mayor Pro Tem Alford casting the "nay" votes. 2. The Council considered approval of the confirmation of a membe~ to the Board of Trustees for Flow Regional Medical Center. Alexander motion, Chew second to confi£m the name of Michael Whitten as a member to the Board of Trustees fo~ Flow Regional Medical Center. Motion ca~ried unanimously. Hopkins motion, Chew second to adjourn. Motion ca~ied unanimously. With no furthe~ items of business, the meeting was adjourned. C~ARLOTT~ALLEN, CITY SECRETARY 023~_e 92 CITY COUNCIL MINUTES April 22, 1986 The Council convened into the special called meeting at 6:00 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens: Mayor Pro Tem Alford: Council Members McAdams, Hopkins, Alexander, and Riddlesperger ABSENT: Council Member Chew 1. The Council considered adoption of an ordinance approving a supplemental agreement between the City of Denton and the City of Corinth. Bob Nelson, Director of Utilities, told Council that this was a wastewater treatment agreement. He stated that the rates would remain the same and that this involved one discharge location and one lift station. He stated that the Public Utilities Board recommended approval. The following ordinance was presented: NO. 86-83 AN ORDINANCE APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND CITY OF CORINTH, AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Stewart "aye." Motion carried unanimously. 2. The Council considered approval of a designated voting ~epresentative to the General Assembly of the No~th Central Texas Council of Governments. Council Member Riddlesperger stated that the person elected would be in office for five years, and Denton could possibly have a chance for a representative on the Board. He nominated Jim Alexander to the position and expressed Mr. Alexander's excellent qualifications. Riddlesperge~ motion, Hopkins second to designate Jim Alexande~ voting representative to the General Assembly of the North Central Texas Council of Governments. Motion carried unanimously. Council Member Chew joined the meeting. 3. The Council received a report on annexation A-40, approximately 226.70 acres, being pa~t of the J. Ayers Survey, Abstract 2: W. Bu~leson Survey, Abstract 93; J. Burleson Survey, Abstract 91: S.M. Williams Survey, Abstract 1282: J. Carter Survey, Abstract 237: W. Pogue Survey, Abstract 1013: and the F. Jaime Survey, Abstract 664, and beginning east of 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of FM 2164. Lloyd Harrell, City Manager, stated that this annexation had been started, but staff felt that it should come back to Council to possibly redraw the annexation line to avoid several houses and a road in bad condition. 93 City of Denton City Council Minutes April 22, 1986 Page 2 David Ellison, Senior Planner, told Council that Rector Road was in very poor condition and that the present annexation line included two houses and one business. He stated that it would be almost impossible to deliver services to these structures and that staff was recommending to shift the annexation line to the north. This would extend the current City of Denton ETJ to the east and north. He stated that this would penetrate Denton's ETJ north where Sanger had not yet annexed. Rick Svehla, Assistant City Manager, added that one more annexation of this nature would get the City to the dam and then the corps land and middle of the lake (Lake Ray Roberts). He stressed that it was important for the City to act quickly on this so that eventually the City of Denton would control most of the lake and surrounding area. David Ellison reported that a side issue was that, at 750', the annexation would avoid residences in the area. The homeowners and Planning and Zoning had asked that the width be reduced to 500' At 750', 18 structures would be involved: at 500', four or five structures would be involved. Lloyd Harrell asked for a concensus from the Council - whether to go with the new annexation lines or continue as is. Riddlesperger motion, Hopkins second to drop the current proposed annexation and go with the proposed new annexation lines. Motion carried unanimously. 4. The Council received a report on the Public Technology, Inc., fire station location study. Lloyd Harrell, City Manager, stated that this was brought to the Council at this time purely for information only. He stated that staff wanted to keep the Council well informed about the study and that the staff was not ready to recommend a new fire station at this time, due to a concern regarding operation money. Rick Svehla, Assistant City Manager, stated that operating money for a new fire station was a concern. He turned the meeting over to Chief Jack Gentry. Chief Gentry stated that the consultant, PTI, was ICMA sponsored. The program was called Firemaster and was a computerized fire station overview. He stated that many different staff members participated in the study, such as Gary Collins, project leader: Captain Mike Taylor, coordinator: and staff members from Planning and Zoning. Gary Collins, Director of Data Processing, stated that the computer measured response to certain areas of the City. The response time measured the time emergency equipment could get to certain zones in the City. Captain Mike Taylor explained to Council various charts and diagrams regarding zones and locations of possible future fire stations. He stated that land uses determined the type of zone and that a higher response time was needed to higher intensity areas. At a three-minute response time, a fire could be caught at its lowest level. Emergency medical services needed four or five minutes for adequate response time to save lives. Driving times were determined by a focal point in each zone. Major traffic networks were measured intersection by intersection, and estimated travel speed was determined according to the type of street. All this information was fed into a computer, and the computer picked the quickest route to the focal point. There were three areas of the City that a new fire station could be located. The first was in the Northlakes area (Bonnie City of De).%ton City Council Minutes April 22, 1986 Page 3 Brae and Windsor). This station would improve some areas, but not all. The second station was near Lillian B. Miller and Teasley. This would put two stations near each other and might not be the best position. The third proposal was to relocate Station Number 5 and have a station at I3niversity and Mesa Drive and one at Teasley and Savannah Trail. Taylor stated that the final plan, to build two stations, was the plan that the firefighters liked best, as it reduced response time to all parts of the City. Rick Svehla, Assistant City Manager, also confirmed that the best result was two stations. This would not be manning two new stations, as the man power for one station would come out of the Central Fire Station. This would not be as expensive as manning two new stations. With minimum staffing at the two stations, the cost would be approximately half a million dollars. Total cost would be $1.5 million with two stations, one out of Central, including equipment. With current revenue, the City had the money for one station. Svehla suggested that the budget process should be gone through first and then come back to Council later. He stated that the best situation would be to build two new stations and staff one from the Central Fire Station. The problem would be revenue for the stations. If we had 'to chose only one station to build, the data indicated that the station at Bonnie Brae and Windsor would be better, as it covered one more medium density and one more high density zone. It covered less low density areas, but it was more important 'for the other zones. Council Member Riddlesperger stated that the study made clear that the whole city was represented and not lust one area. He felt that if a new station was not built, the City would have to pay in extra insurance. 5. The Council received a report on past and future financial 'trends. John McGrane, Director of Finance, presented a report to Council regarding past and future financial trends. He stated that there was a downward trend in the fund balance. This was important for unexpected revenues, expenditures that might come up, such as claims against the City. The current reserve was about $1.1 million. The property tax rate was very consistent for the City. It had remained about 34-36% over the years while the County had gone down, and the school district had increased. He stated that the annual debt service payment ratio was decreasing. Council Member McAdams asked how the financial situation of the City was looking right now, considering the sales tax situation. McGrane replied that it was not as staff had anticipated, not at the 12% level as they would like. He stated that they hoped to balance the shortfall. He attributed the situation to the lower inflation rate and the ripple effect from the oil industry. 6. The Council reviewed the results of the City Council budget questionnaire. John McGrane, Director of Finance reviewed the questionnaire that had been sent to Council. The questionnaire is attached and made a part of these minutes. Lloyd Harrell, City Manager, stated that staff was using the questionnaire for initial work to draft proposals to the Council during budget sessions. 95 City of Denton City Council Minutes April 22, 1986 Page 4 7. The Council received a presentation of the single audit by the firm of Arthur Andersen and Company. John McGrane, Director of Finance, stated that the single audit concept was recommended by the State. He stated that one was done this year, although it was not required. He noted that there were two areas of concern brought out by the single audit. One was that there was no grant administrator which would be considered in the new budget. The other area was that the Block Grant had exceeded 20% in costs. Upon close examination, it was found that the excess was due to the fact that the City started incurring expenditures before the actual funding had begun, and that charges had been lumped together instead of charging off to specific areas. He stated that this situation had been corrected. 8. The Council reviewed and discussed the proposed Denton Citizen Survey. Betty McKean, Assistant City Manager, presented the survey to the Council. She stated that each year revisions and deletions were made to the survey to tailor specifically for that year. McKean went through each section and asked for Council input. Basic discussions dealt with the question, "Would citizens be willing to pay additional charges for additional services?" and questions regarding cable TV. McKean stated that the sugges- tions would be incorporated into the survey, and it would be returned to Council for approval. 9. The Council held a discussion of the proposed North Point project and procedures for reviewing other major developments. Mayor Stephens stated that there used to be study sessions on the major projects coming before Council and would like to start doing that again before the public hearings and a need to vote on the project. Lloyd Harrell, City Manager, stated that staff could flag those developments' that were substantial and bring to Council for a study session. He wondered when Council would like to do that before it went to Planning and Zoning or between Planning and Zoning and Council. Debra Drayovitch, City Attorney, stated in a case like Lakeview the public hearing had already been held and then the Council had a work session. She was concerned with procedures that already were set-up. Council Member Chew stated that he would like to see the study session be strictly for information only, as an alert to what is coming. Jeff Meyer, Director of Planning, stated that he would feel comfortable with staff suppling information but not recommendations. Mayor Stephens stated that he would like the study session to be between the time Planning and Zoning received the information and the time it went to Council. A discussion could be held on the impact the potential development would have on the City. Council Member McAdams felt she would like to have the session before the information went to Planning and Zoning with the Council receiving broad information about the potential development. 96 City of Denton City Council Minutes April 22, iL986 Page 5 Meyer stated that would be line. That the staff would not have any recommendations at that time and would give the Council strictly information about the development. Council Members Hopkins, Chew and Alford agreed that the study session should come before Planning and Zoning. Council Member Riddlesperger asked if the Council could convey questions to Planning and Zoning at that time. Council Member McAdams suggested having some Planning and Zoning me~[bers present at the time of the study session major developments as a type o~ joint study session. Mayor Stephens felt that this type o[ a study session would benefit both the developers and the City of Denton. On the North Point issues, Meyer stated that this was a major development that went to Planning and Zoning and was denied. He stated that the developer was willing to work out the objections of the Planning and Zoning Commission. Cecile Carsons, Urban Planner, presented the North Lake proposal to the Council. She pointed out several problems with the development including street location and utility problems. The developers were requesting to make changes in the development rather than have to go back through the total process. Mayor Stephens questioned if changes could be made to a proposed plan while it was under consideration. Debra Dra¥'ovitch, City Attorney, stated that the regulations for a planned development were different from other types of zoning. I~ changes were to be made to the plan, it must go back to Planning and Zoning. She stated that if the zoning case was dif[erent ~rom what was advertised, the legal requirements for the public hea~ing would not be met and it would not be legally correct. Council Member Riddlesperger stated that if the changes were a legitimate nature, then he felt that Planning and Zoning could have another look at it instead of the developer starting the whole process over. The Council recommended that on future major developments the Council be informed of the development before it went to Planning and Zoning ~or information only. No recommendations would be offered by staff at that time. 10. The Council delayed going into Executive Session until all business on the agenda was delt with. 11. New Business Mayor Stephens brought up the following issues for Council consideration: A. Discussing the pro rata density and tract development and the possibility o~ ending "first come, first serve". B. Filling the vacancies on the Planning and Zoning Commission and the Cable T.V. Board. C. Putting the David Martino zoning case back on the agenda. 97 City of Denton City Council Minutes April 22, 1986 Page 6 D. Responding officially to the request of Mrs. Lillian Key. E. Setting a date for the Board and Commissions banquet. _ F. Preparing requests for outside auditor proposals by June/July. 12. Business from the City Manager Lloyd Harrell, City Manager, informed the Council about the following issues: A. Memos regarding the Domino Hall were distributed to Council. B. A memo regarding the Vacation Village annexation was distributed to Council. The memorandum was from area residents protesting the annexation and taking exception to comments made regarding Vacation Village. City Manager Harrell further reported that County Commissioner Tansey had stated that the County would be willing do some road work in the Vacation Village area if the City did not proceed with annexation. It was the consensus of the City Council not to proceed with annexation of Vacation Village at this time. C. Charlotte Allen, City Secretary, asked for the Council to return their Board and Commission notebooks for updating. 13. The Council convened into Executive Session to discuss legal matter, real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. 1556a 8 Council Minutes City May 6, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens: Mayor Pro Tem Alford, Council Members Alexander, Chew, Hopkins, McAdams and Riddlespecger City Manager, Assistant City Attorney and City Secretary ABSENT: None 1. The Council held a discussion of 801 acre zoning request located south of U.S. Highway 380 West and north of Jim Christal Road. Z-1799 Denise Spivey, Urban Planner, reported that staff was experiencing a problem in evaluating this zoning request due to its proximity to the Denton Municipal Airport. The Denton Development Guide encour- aged industrial uses by the airport, and this tract was located to the west of the airport. Staff felt it would be defeating the purpose of the Development Guide to encourage industrial use outside the designated high intensity area, and this particular parcel was out of that area. A ~oint meeting of the Planning and Zoning Commission and the Airport Advisory Board had been held on April 23 to discuss this issue. The two boards had established the creek as the dividing line with the industrial/commercial uses on the east and residential uses on the west. The Land Use Committee would ultimately set the policy. This revision would go before P&Z for formal action and then to Council for ~inal approval. Council Member Riddlesperger asked how far west of the airport, in this configuration, would be the proposed extension of the Loop. Spivey pointed out the area on a map. Mayor Stephens asked what density was being proposed by the developers. Spivey responded that the proposal pretty well met the policy with most of the residential on the west and most of the industrial uses on the east. The developer was aware of the interim policy regarding development in this area. Council Member McAdams stated that it seemed somewhat strange to use the creek as a dividing line as it was much further west at the top and then narrowed down at the runway. Spivey reported that the rationale was to follow this natu[al boundary. 2. The Council held a discussion of 66 acre zoning request located south of U.S. Highway 380 East and west of Trinity Road. Z-1800 3. The Council held a discussion of 301.8 acre zoning request located south of McKinney Street and north of Shady Shores Road. Z-1801 Cecile Ca~son, Urban Planner, asked if the Council would consider agenda items 2 and 3 together (Z-1800 and Z-1801) as both were petitions of Miller of Texas. The first parcel (Z-1800) was abutting and near 380 east: final annexation action was pending. The second parcel (Z-1801) was located south of McKinney Street and north of Shady Shores Road. A conceptual development plan of Z-1801 had been presented which included 6.94 units pe~ acre density. A proposed park concept plan had been presented. There would be a variety of land uses with a density of 8.5 units per ac~e. The developer had p~ovided staff with a lot of information, and they were in compliance with the new planned development ordinance. The first pa£cel (Z-1800) was located in a moderate intensity node, and staff would ~ecommend that development be mostly residential. The developers had been very restrictive regarding the number of stocies for the buildings. 99 City of Denton City Council Minutes Meeting of May 6, 1986 Page Two 4. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Stephens: Mayor Pro Tem Alford, Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, Assistant City Attorney and City Secretary ABSENT: None 1. The Council considered approval of a resolution in appreciation of Richard Stewart. Mr. and Mrs. Stewart were present to receive the resolution. Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "RICHARD O. STEWART" WHEREAS, the City Council of the City of Denton lost one of its most valued members on April 8, 1986, when Richard O. Stewart's term of office as Mayor of the City of Denton expired: and WHEREAS, Richard O. Stewart has served as Mayor of Denton since April, 1980 and was a Councilmember for three years prior to that time and served as chairman of the Denton Airport Advisory Board for three years: and WHEREAS, Richard O. Stewart has honorably represented this City by serving as President of the Texas Municipal Power Agency and of the Texas Public Power Association: and WHEREAS, the dedication and effort Richard O. Stewart has shown the community is exemplified by his service as Director of the Denton Chamber of Commerce, as a Charter Member and Director of the Big Brothers and Sisters of Denton, as a past President of Denton County United Way, as a past President of the Crosstimbers Girl Scout Council: as well as his service as a past President, District Governor and Lieutenant Governor of the Breakfast Optimist Club: and WHEREAS, Richard O. Stewart has served as Post Commander and is currently serving on the Post Executive Committee of the American Legion, has served as a member of the "Denton 70's" Committee, the "Denton 80's" Committee, and the Chamber Roads and Transportation Committee and as Chairman of the Governor's Committee for Passage of the Texas Water Bill: and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Richard O. Stewart, and seek his future support which we know will be forthcoming: and WHEREAS, Richard O. Stewart has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow Councilmembers and colleagues and citizens of Denton: 100 City of Denton City Council Minutes Meeting of May 6, 1986 Page Three NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Denton, acting on behalf of the citizens and staff, wishes to acknowledge with grateful appreciation the services of Richard O. Stewart and the devotion he has given the City Council of the City of Denton, and hereby orders that this Resolution be made a pa~t of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to Richard O. Stewart as a token of our appreciation. PASSED AND APPROVED this the 6th day of May, 1986. RAY STEPHENS, MAYOR ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Alford motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlespe~ger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Mr. Stewa£t thanked the staff and Council and expressed his appreciation for his time on the Council. 2. The Council considered approval of a resolution in appreciation of Charles Hopkins. Mr. and Mrs. Hopkins were present to receive the resolution. Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "CHARLES HOPKINS" WHEREAS, the City Council of the City of Denton lost one of its most valued members, Charles Hopkins, who was elected thereto in April of 1980 and served as Mayor Pro Tem from April, 1985 until his term expired in April, 1986: and WHEREAS, Charles Hopkins is a member of the Lions Club, has served as President of the Elks Lodge in 1984 and as Trustee from 1984 to the present, as past Pnesident of the Denton Home Builders Association and as past Director of the National Home Builders Association; and WHEREAS, Charles Hopkins served as Chairman of the Subdivision and Land Development Regulations Committee formed in 1979: and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Charles Hopkins, and seek his continued support, which we know will be forthcoming: and WHEREAS, Charles Hopkins 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 ~espect and admiration of his subordinates and fellow Councilmembers: 101 City of Denton City Council Minutes Meeting of May 6, 1986 Page Four NOW, THEREFORE, BE IT RESOLVED: That the sincere and warm appreciation of Charles Hopkins, felt by the citizens and staff 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, and forwarding to him a true copy thereof: and BE IT FURTHER RESOLVED: That the City of Denton does hereby officially and sincerely extend its best wishes to the Honorable Charles Hopkins for a long and successful career as a member of our community. PASSED AND APPROVED this the 6th day of May, 1986. RAY STEPHENS, MAYOR CITY OF DENTON ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT, CITY ATTORNEY CITY OF DENTON, TEXAS McAdams motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Mr. Hopkins also thanked the staff and those he had worked with in his capacity on the Council. 3. The Council considered approval of a resolution in appreciation of Jack Gentry. Mr. and Mrs. Gentry and family were present to receive the resolution. Mayor Stephens read the following resolution: RESOLUTION IN APPRECIATION "JACK GENTRY" WHEREAS, on May 1, 1986, Denton Fire Chief Jack Gentry resigned, after serving as a student fireman from 1942 to 1943, as a fireman from 1947 to 1958 and as Fire Chief for the City of Denton since 1958; and WHEREAS, during the past 39 years, Jack has represented our City in the International Association of Fire Chiefs, the National Fire Protection Association, the State Firemen's and Fire Marshal's Association; and WHEREAS, during his tenure with the City, Chief Gentry has served as President of the Southwestern Division of the International Association of Fire Chiefs, of the Texas Fire Chiefs Association, of the North Texas Firemen's and Fire Marshal's Association, and of the Denton County Fire Fighters Association: and 102 City of Denton City Council Minutes Meeting of May 6, 1986 Page Five WHEREAS, C~ief Gentry's dedication to his community is evidenced by t'Se above mentioned activities, as well as his Charter membership in the Breakfast Optimist Club and service as President of the Optimist Club, and the receipt of the Silver Beaver Award of the Boy Scouts of America: and WHEREAS, t'~e City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Chief Jack Gentry and wish to recognize same: WHEREAS, Jack Gentry has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton: NOW, THEREFORE, BE IT RESOLVED: That the sincere and warm appreciation of Jack Gentry felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the 6th day of May, 1986. RAY STEPHENS, MAYOR JOE ALFORD, MAYOR PRO TEM J. W. RIDDLESPERGER MARK R. CHEW JIM R. ALEXANDER JANE HOPKINS LINNIE MCADAMS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CITY ATTORNEY McAdams motion, Alexander second that the resolution be approved. on roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Chief Gentry accepted the resolution and stated that his 43 years with the City had been very enjoyable. He had worked with fine management and Fire Department personnel. 4. The Council considered approval of the Minutes of the Regular Meeting of February 4, 1986: the Regular Meeting of February 18, 1986: the Regular Meeting of March 4, 1986: the Regular Meeting of March 18, 1986: the Regular Meeting of April 1, 1986: the Special Called Meeting of April 3, 1986: the Special Called Meeting of April 8, 1986: the Regular Meeting of April 15, 1986 and the Special Called Meeting of April 22, 1986. McAdams motion, Riddlesperger second to approve the Minutes as presented. Motion carried unanimously. 103 City of Denton City Council Minutes Meeting of May 6, 1986 Page six 5. Consent Agenda Mayor Stephens announced that agenda item 5,A.1 (Bid ~ 9604) was removed from the Consent Agenda by staff. McAdams motion, Alexander second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids: (REMOVED BY STAFF) 1. Bid ~ 9604 - Painting of Peach Street water tank 2. Bid ~ 9606 - Chemicals (water treatment) 3. Bid ~ 9608 - Traffic signal conduit 4. Bid # 9613 - Overcurrent relays B. Plats and Replats: 1. Approval of preliminary plat of the D.I.S.D.-Farris Road Addition, Lot 1, Block (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Freeway Park Addition, Lot 2E, Block A. (The Planning and Zoning Commission recommends approval.) 3. Approval of final replat of the Summit Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) 6. The Council was to receive a presentation by Mr, and Mrs. Carl Boyer requesting an exclusive franchise for taxi service within the City of Denton. Mr. and Mrs. Boyer requested this item be removed from the agenda. 7. The Council received the presentation of awards for beautification effort to the City. Steve Brinkman, Director of Parks and Recreation, reported that it was a pleasure to present the first installment of the 1986 beautification awards. The winner in the business category was Mr. Tom Stingley who developed the Bell Place office complex. Mayor Stephens presented the award to Mr. Stingley. Mr. Stingley expressed his appreciation. The winner in the residential category was,Ms. Theadus Lemmon. Mayor Stephens presented the award to Ms. Lemmon. Ms. Lemmon expressed her surprise and gratitude. 8. The Council received an appearance by Mr. Carl Young regarding the approval of the Youth Program. Mr. Young, President of the Denton County Vier Nam Veterans Association, stated that he was seeking approval for a Youth Program. The unemployment rate among young blacks was approximately 70%. He had worked with Mr. Brinkman of the Parks and Recreation Department and was now asking that the Council give consideration to 104 City of Denton City Council Minutes Meeting of May 6, 1986 Page Seven funding office space, a staff of two and telephone costs during the budget process. The office would provide an employment bank to get jobs and kids together. He was asking consideration for the program in con~unction with the Parks and Recreation Department budget request. 9. The Council received an appearance by Mr. Carl Young regarding the needs of the southeast Denton community. Mr. Young stated that there was still a concern that there were no blacks in the Fire Department, the Utility Department or in any high salary positions. 10. The Council considered approval of a request from Mr. Carl Young to extend the curfew until 12:00 midnight and waive the fee for Fred Moore Park on Friday and Saturday, May 9 and 10. Mr, Young stated that he had talked to the Parks and Recreation Department and would work with the Police Department. The people in southeast Denton needed a positive place to go and there would be many more things in the future taking place at the park. City Manager Lloyd Harrell stated that the primary purpose of the 10:00 p.m. curfew was the potential noise problem to surrounding neighbors. Council Member McAdams asked if the proper language had been used on the agenda to allow for the waiver of the fees. Joe Morris, Assistant City Attorney, reported that, if the event were co-sponsored by the City, no problem would exist in waiving the fee. McAdams motion, Chew second to approve the request to extend the curfew to 12:00 midnight on May 9 and 10, Motion carried unanimously. The Council recognized Boy scout Troop 130 who were attending the Council meeting. 11. Public Hearings A. The Council held a public hearing concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that was a joint annexation between the City of Denton and Oakhill Joint Venture with a portion being voluntary and a portion being involuntary. Oakhill had submitted a zoning request and the City had included a strip to connect to Lakeview. There would be eight residences included in the 500-foot strip. This was the second public hearing on the annexation with final action scheduled for June 24. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion carried unanimously. B. The Council held a public hearing concerning the request of Miller of Texas, Inc. and the City of Denton for 105 City of Denton City Council Minutes Meeting of May 6, 1986 Page Eight annexation of approximately 301.8 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. A-38 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that this was a request by Miller of Texas and the City of Denton. Approximately 299 acres would be requested for zoning, and final action on this annexation would occur on June 24. The zoning proposal would be submitted May 28. There were five dwelling units and 12 persons included in the annexation parcel. This annexation would extend to the City's ability to annex towards Lake Lewisville due to agreement lines. There had been seven reply forms mailed with zero returned. No one spoke in opposition. The Mayor closed the public'hearing. ~ McAdams motion, Alford second to continue the annexation process. Motion carried unanimously. C. The Council held a public hearing concerning the proposed annexation of approximately 66.42 acres situated in ~the Morreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that this was a joint request by Miller of Texas and the City of Denton.- A small tract adjacent to Highway 380 Was the portion which was being annexed at the request of the City. A zoning proposal would go before the Planning and Zoning Commission on May 28. This was the first public hearing with the second hearing set of May 20 and final action on July 8. There had been eight reply forms mailed with zero returned. Ms. Linda Blevins spoke in opposition asking what would be the advantage of zoning. Mayor Stephens asked Ms. Blevins to visit with staff regarding her questions. The Mayor closed the public hearing. McAdams motion, Alexander second to continue the annexation process. Motion carried unanimously. D. The Council held a public hearing concerning, an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for regulations and procedures for the creation and development of planned development zoning districts: providing for a maximum penalty of one thousand dollars ($1,000.00) for violations thereof: providing for a severability clause: and providing for an effective date. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was the planned development ordinance was recommended by the Planning and Zoning Commission. She then presented a synopsis of the differences 106 City of De~ton City Council Minutes Meeting o~ May 6, 1986 Page Nine between the proposed and the current planned development ordinance. No negatiw~ feedback had been received from developers. 1. The Council considered adoption of an ordinance amending Article il'of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas. The following ordinance was presented: NO. 86-84 AN ORDINANCE AMENDING ARTICLE 11 OF APPENDIX B-ZONING OF THE CODE OF' ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR REGULATIONS AND PROCEDURES FOR THE CREATION AND DEVELOPMENT OF PLANNED DEVELOPMENT ZONING DISTRICTS; PROVIDING FOR A MAXIMUM PENALTY FOR ONE THOUSAND DOLLARS ($1,000.00) FOR VIOLATIONS THEREOF: PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Stephens asked if there was a reversion clause. Carson responded that there was no automatic reversion clause. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 12. Ordinances Council Member Alford requested agenda item 12.O be moved forward in the agenda order. O. The Council considered adoption of an ordinance approving a specific use permit to allow the development of a recreational area on 2.814 acres located 652 feet east of Old North Road and 1,500 feet north of University Drive. S-188 The following ordinance was presented: NO.86-85 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE RECREATIONAL AREA; PROVIDING FOR THE REFERENCING OF SUCH USE ON 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 2.814 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED 652 FEET EAST OF OLD NORTH ROAD AND 1500 FEET NORTH OF UNIVERSITY DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. Council Member Hopkins stated that a three-year time limit had been set on this request for a specific use permit when approved by Council. The petitioner ~ad expressed concern regarding this time limit. Mr. David Martino, the petitioner, stated that his concern with the time limit was that lots of money and work could be expended on the park, and a future Council could take the permit away in three years. He was requesting the three-year limit be removed. Council Member Chew asked if this recreational facility would be open to the general public. 107 City of Denton City Council Minutes Meeting of May 6, 1986 ,% Page Ten Martino stated it would be considered as a private park. While the park might be opened up to the public in the future, he did not want the ordinance passed under those considerations. Council Member Chew asked if it was correct'that t~er~ would be no community access to the facilities at ~11. Martino {esponded yes. Mayor Pro Tem Alford stated that the First Baptist Church Life Center was open to members and guests but the church could not afford the use and liability which would be incurred if the center were open to the public for general use. Council Member Alexander stated that the initial concern of the Council during the zoning request had been the effect of the lights in the park for the neighbors and future development in the area. He had talked to the neighbors, and they did not have a problem with the lights. Council Member McAdams stated that her concern had been that this was outside rather than an enclosed facility. Council Member Hopkins stated that the church would have to fence and lock the park in order to obtain liability insurance. The difference between this facility and those of other churches was that this one was outside. The Council had not placed restrictions on other churches. Council McAdams stated that this request was significantly different in that it was outside and there was the noise aspect to consider. On roll call vote, McAdams "aye," At~exander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stephens "aye." Motion carried 6 to 1 with Council Member Chew casting the "nay" vote. City Manager Lloyd Harrell asked if the Council intended condition 7 regarding the three-year time limit be stricken from the ordinance. Joe Morris, Assistant City Attorney, reported that the motion should be restated to reflect the removal of this condition. McAdams motion, Alexander second to adopt the ordinance excluding the three-year limitation. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stephens "aye." Motion carried 6 to 1 with Council Member Chew casting the "nay" vote. The Council then returned to the regular agenda order. A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-86 AN ORDINANCE AccEpTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," AlexaNder "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 108 City of Denton City Council Minutes Meeting of May 6, 1986 Page Elevel~ B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-87 ~g ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DAT~E. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance and service plan annexing approximately 125.25 acres beginning at Kings Row and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road. A-33. The following ordinance was presented: NO. 86-88 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ~)JACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 125.25 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE D. CULP SURVEY, ABSTRACT NO. 287: J. COLTART SURVEY, ABSTRACT NO. 2138: AND THE T. LIVING SURVEY, ABSTRACT NO. 729, DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye,". Alexander ,"aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion car,:led unanimously. D. The Council considered adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35-E appro:(imately 2,500 feet south of State School Road. Z-1705 This item was removed from the agenda at the request of the petitioner. E. The Council considered adoption of an ordinance approving planned development (PD) zoning on 80 acres located approximately 1,150 feet west of Teasley Lane (FM 2181) and north of Hickory Creek Road. Z-1766 The following ordinance was presented: NO. 86-89 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WA~ ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 80 ACRES OF LAND LOCATED APPROXIMATELY 1,150 FEET WEST OF TEASLEY LANE AND NORTH OF HICKORY CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN:, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "]?D" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 109 City of Denton City Council Minutes Meeting o~ May 6, 1986 Page Twelve McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving planned development (PD) zoning on a 74.97 acre tract located at the northeast corner of the Interstate Highway 35N service road and Payne Drive. Z-1788 The following ordinance was presented: NO, 86-90 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, AS AMENDED, AND AS SAID,MAP APPLIES TO 74.97 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 35 AND PAYNE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving a comprehensive site plan for a 3.12 acre portion of a 112.88 acre mixed use planned development (PD-41) located at the southeast and southwest corners of Loop 288 and East McKinney Street (FM 426). Z-1790 The following ordinance was presented: NO. 86-91 AN ORDINANCE PROVIDING FOR APPROVAL OF A COMPREHENSIVE SITE PLAN FOR 2.1 ACRES OF LAND LOCATED WITH THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 82-83; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving planned development zoning on 74.9 acres located at the northwest corner of Hickory Creek Road and Teasley Lane (FM 2181). Z-1794 The following ordinance was presented: NO. 86-92 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, AS AMENDED, AND AS SAID MAP APPLIES TO 74.9 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM 110 City of Denton City Council Minutes Meeting of May 6, 1986 Page Thirteen AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving a change order in the amount of fifteen thousand one hundred fifty-four dollars and sixty-two cents ($15,154.62) for a contract with W. F. Harrison Construction Company. Mayor Stephens left the meeting. Bob Nelson, Director of Utilities, reported that Hogan and Razor, designers of the pump station, had neglected to put in a check valve. This change order would allow for the inclusion of this check valve. The following ordinance was presented: NO. 86-93 AN ORDINANCE APPROVING A CHANGE ORDER IN THE AMOUNT OF FIFTEEN THOUSAND ONE HUNDRED FIFTY-FOUR DOLLARS AND SIXTY-TWO CENTS ($15,154,62) FOR A CONTRACT WITH W. F. HARRISON CONSTRUCTION COMPANY: AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," and Chew "aye." Motion carried unanimously. Mayor Stephens joined the meeting. J. The Council considered adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical service, to provide ~or a reduced energy cost adjustment rate. The following ordinance was presented: NO. 86-94 AN ORDINANCE AMENDING "SCHEDULE ECA" OF THE SCHEDULE OF RATES FOR ELECTRICAL SERVICE, TO PROVIDE FOR A REDUCED ENERGY COST ADJUSTMENT RATE: AND PROVIDING FOR AN EFFECTIVE DATE. * Chew motion, McAdams second to adopt the ordinance. Bob Nelson, Director of Utilities, reported that there had been a reduction in the cost of natural gas. Staff and the Public Utilities Board were recommending a reduction in the ECA of 1/2~, This would mean a reduction of approximately $10 pe~ month during the summer for utility customers. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council adoption of an ordinance amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas, to provide for adjustments in water and sewer bills for losses resulting from hidden water leaks or unknown causes and providing for a repealer clause. 111 City o~ Denton City Council Minutes Meeting o~ May 6, 1986 Page Fourteen The following ordinance was presented: NO. 86-95 AN ORDINANCE AMENDING CHAPTE~ 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR ADJUSTMENTS IN WATER AND SEWER BILLS FOR LOSSES RESULTING FROM HIDDEN WATER LEAKS OR UNKNOWN CAUSES; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams S~cond to adopt the ordinance. Bob Nelson, Director o~ Utilities, reported that, occasionally for some unknown reason, residents had experienced a unusually large usage of water. If the cause was a break in the water line, this was not determined until after the water bill had been received by the consumer. This ordinance would make allowances for this event, and citizens could request this adjustment one time during the year, On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance approving a contract for the City's~ participation in the cost of installing an oversized sanitary sewer line; authorizing the Mayor to execute the contract: and approving the expenditure of funds therefor. Bob Nelson, Director o~ Utilities, reported that bids had been received and the City's share of the oversizing would be $25,604. The following ordinance was presented: NO. 86-96 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SANITARY SEWER LINE: AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Al~ord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance approving requests to provide sanitary sewer service outside the City limits. Bob Nelson, Director of Utilities, reported that the location of this request was on Cooper Creek Road north of Mingo. The City had a sewer line in place to Silverdome. The-church and one other person had asked for sewer service which would be on separate taps. The following ordinance was presented: NO. 86-~7 AN ORDINANCE APPROVING REQUESTS TO PROVIDE SANITARY SEWER SERVICE OUTSIDE THE CITY LIMITS: AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 112 City of Denton City Council Minutes Meeting of May 6, 1986 Page Fifteen N.. The Council considered adoption of an ordinance approving a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues and declaring an effective date. Betty McKean, Assistant City Manager, reported that this was a routine item and had been approved in the budget. The following ordinance was presented: NO. 86-9~ AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND DECLARING ~g EFFECTIVE DATE. Alexander motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 13. Resolutions A. The Council considered approval of a resolution to adopt five (5) new personnel policies and one (1) existing policy revision. Uniforms 102.11 Reference Checks/Recommendations 105.02 Pay System 106.02 Regular Part-Time Employees 106.08 Meal/Break Times 108.02 (Revised) Sick Leave 111.01 Paulette Owens-Holmes reported that,, these six policies were a reflection of several hundred hours of work. Five of the policies were new and one was a revision, The following resolution was presented: RESOLUTION WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration: and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I, The following policies, attached hereto and made a part hereof are hereby adopted as official policies of the City of Denton, Texas: 102 11 Uniforms 105 02 Reference Checks/Recommendations 106 02 Pay SysteB 106 08 Regular Part-Time Employees 108 02 Meal/Break Times 111 01 Sick Leave City of Denton City Council Minutes 1 1 3 Meeting of May 6, 1986 Page Sixteen SECTION II. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policies and with any administrative procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV, This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 6th day of May, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Agenda items 15, 16, 17, 18 and 19 were moved forward in the agenda order. 15. The Council considered authorization to condemn right-of- way for Lakeview development. City Manager Lloyd Harrell reported that there was nothing further to report on this item. 16. The Council considered approval of an appointment to fill a vacancy on the Planning and Zoning Commission. Mayor Stephens stated that the City Council had met on this item in Executive Session. It was premature at this time to make any announcement. - 17. The Council considered approval of an appointment to fill a vacancy on the Cable TV Advisory Board. Mayor Stephens stated that it was also premature to make an announcement on this item at this time. 18. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital. City Manager Lloyd Harrell reported that this report had been received by the City Council during Executive Session. Due to a Supreme Court ruling, a listing of the items discussed during Executive Session must be on the agenda. 114 City of Denton City Council Minutes Meeting of May 6, 1986 Page Seventeen 19. The Council received a report~ on miscellaneous matters f~om the City Manager. City Manager Lloyd Harrell reported that he wished to alert the Council Members that a questionnaire would be forwarded to them fo£ the upcoming City Council retreat. He then asked them to complete the questionnaire and return to the facilitator as quickly as possible. The Council then returned to the agenda order. 14. New Business 1. Council Member McAdams asked for a status report at a future date on the possibility of pet registration at City Hall. Chew motion, Alexander second to adjourn. Motion carried unanimously. With no further items of business, the meeting was adjourned. cHAR~LT-T~Z ALLEN, ~ITY SECRETARY 1368s City Council Minutes May 20, 1986 The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Stephens: Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Pro Tem Alford 1. The Council considered approval of the Minutes of the Regular Meeting of May 6, 1986. Riddlesperger motion, Chew second to approve the Minutes as presented. Motion carried unanimously. Mayor Stephens announced that items 3.A.1 (Bid ~ 9609) and 3.A.4 (Bid ~ 9618) had been removed from the Consent Agenda by staff. Also item 4.H had been removed from the Ordinance section of the agenda by staff. 2. Public Hearings A. The Council held a public hearing on the petition of the City of Denton requesting a change in zoning from the agricultural (A) classification to the single family (SF-7) classification. The tract is 62.474 acres located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). The property is shown in the Venter Survey, Abstract 1315. If the zoning change is approved, the property may be utilized for any land use permitted in the single family (SF-7) classification by the City of Denton Zoning Ordinance Z-1806 The Mayor opened the public hearing. Mr._Bob Carraway spoke in favor stating that no one representing the landowner had appeared at the Planning and Zoning Commission meeting oR this petition because the property, at that time, was in foreclosure. Since that time, he had purchased the property and was in favor of the change in zoning. No one spoke in opposition. The Mayor closed the public hearing. Martha Fujauski, Planning Intern, reported that 5 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. The primary concern by the City of Denton in initiating this request was to eliminate any future zoning problems on the property. Staff was recommending permanent zoning to obtain low intensity uses for this area. Agricultural use zoning was only temporary. If zoned single family 7 would establish a low density trend. Chew motion, McAdams second to approve Z-1806. Motion carried unanimously. B. The Council held a public hearing concerning the proposed annexation of approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor reporting that 8 reply forms had been mailed with 0 returned. This was the second public hearing on this annexation. The major portion of the annexation parcel was at the request of Miller of Texas for the Lakeview development. Council had instructed staff to expand the annexation size to fill in any gaps which might be left. Staff had spoken to 116 City off Denton City Council Minutes Meeting of May 20, 1986 Page Two some of the resident property owners who would be affected by this annexation regarding City services, etc. It was the recommendation of staff to proceed with the annexation. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation procedure. Motion carried unanimously. 3. Consent Agenda Chew motion, McAdams second to approve the Consent Agenda with the exception of Bids ~ 9609 and 9618. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders:* (REMOVED BY STAFF) 1. Bid ~ 9609 - Stuart-Pershing paving/drainage 2. Bid ~ 9616 - Driveway for Paige Road substation 3. Bid % 9617 Lamps, HPS (REMOVED BY STAFF) 4. Bid ~ 9618 Refuse containers *Bid % 9549 (Third party lease/purchase financing - addendum %1) was inadvertently left off the Consent Agenda. The bid was listed and approved as part of Ordinance No. 86-100. B. Tax Refund: 1. Approval of a tax refund to Campus Square Apartment, Ltd. in the amount of $2,911.51. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-99 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew' "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The ~ollowing ordinance was presented: NO. 86-100 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. 117 City of Denton City Council Minutes Meeting of May 20, 1986 Page Three McAdams motion, Chew second to adopt the ordinance with the exception of Bid ~ 9609. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption o~ an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. Z-1789 The following ordinance was presented: NO. 86-101 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, AS AMENDED, AND AS SAID MAP APPLIES TO 239.17 ACRES OF LAND LOCATED WEST OF BONNIE BRAE STREET, EAST OF WESTGATE DRIVE, NORTH OF PAYNE DRIVE, AND SOUTH OF U. HIGHWAY 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 142 acres being part of the Moreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The following ordinance was presented: NO. 86- 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 142.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MORREAU FORREST SURVEY, ABSTRACT NO. 417, AND THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Alexander motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption o~ an ordinance and service plan instituting annexation o~ approximately 299.83 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. A-38 The following ordinance was presented: 118 City of Denton City Council Minutes Meeting of May 20, 1986 Page Four NO. 86- 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 299.83 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AND THE W. DURHAM SURVEY, ABSTRACT NO. 330: DENTON COUNTY, TEXAS: CLASSIFYING THE SAM~: AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance and service plan annexing approximately 103.2 acres beginning adjacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. -A-34 The following ordinance was presented: NO. 86-102 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 103.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MYERS, JORA]SON, BRUMMET AND GREEN SURVEY, ABSTRACT NO. 1699: DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance amending the schedule of fees provided for by Appendix A and B of the Code of Ordinances: repealing all ordinances in conflict herewith and providing for an effective date. Jeff Meyer, Director of Planning and Community Development, reported that a new planned development ordinance had approved which would give the City a better grip on development. The new process was more complicated and required more staff time. The fees proposed in this ordinance would allow a larger portion of the cost of providing the service to be recouped. The following ordinance was presented: NO. 86-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES PROVIDED FOR BY APPENDIX A AND B OF THE CODE OF ORDINANCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 119 City of Denton City Council Minutes Meeting of May 20, 1986 Page Five H. The Council was to have considered adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, by amending the provisions -relating to participation and pro rata reimbursement agreements for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun. This item was removed from the agenda by staff, I. The Council considered adoption of an ordinance approving an agreement providing for the lease of office space at 324 East McKinney Street. Steve Brinkman, Director of Parks and Recreation, reported that the ordinance would approve an agreement to extend the existing lease for 8 months. This would allow time to negotiate with the owner on costs and also to look at other options. Council Member Chew stated that he felt the citizens of Denton would be losing by leasing office space at this higher rate. Council Member McAdams stated that leasing other office space which might be less expensive had been discussed. She did have a concern about the time involved in relocating the Data Processing equipment from this present location. City Manager Lloyd Harrell reported that modifications had been made to this building for the Data Processing equipment. A thorough study must be completed before a move was accomplished. Staff was recommending to extend the lease at 324 East McKinney at the present rate. This would be an interim step and would allow time to complete a study. Council Member McAdams stated that perhaps it would be wise to move the Data Processing equipment to City facilities and move other operations with less complex relocation problems to leased space. The following ordinance was presented: NO, 86-104 AN ORDINANCE APPROVING AN AGREEMENT PROVIDING FOR THE LEASE OF OFFICE SPACE AT 324 EAST MCKINNEY STREET, AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance, Council Member Hopkins asked if it was necessary to extend the lease until the end of the year. Brinkman responded that time would be needed to negotiate for the required space. Any new lease would not take effect until January 1, 1987. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council considered approval of a resolution amending the Denton Development Guide, as revised, concerning intensity policy at Robinson Road and Loop 288. Cecile Carson, Urban Planner, reported that this amendment was the result of the Oakmont zoning request in early 1985. The Oakmont planned development violated the intensity policy for that area as 120 City of Denton City Council Minutes Meeting of May 20. 1986 Page Six set by the Denton Development Guide. Because of those violations of the Guide, staff could not recommend approval of the planned development petition. An analysis was performed which concluded that, due to the Loop 288 extension in this area, the intensity policy should be amended. Mayor Stephens asked how large was the area being amended. Carson responded approximately 30 acres. The following resolution was presented: RESOLUTION Whereas, the Denton Development Guide, as amended, was adopted as the official land use and development guide for the City to be used in con~unction with planning, development and land use decisions; and WHEREAS, the Guide provides for a procedure to implement policy changes in regard to current land use decisions: and WHEREAS, a petition for the rezoning of land at the .intersection of Robinson Road and proposed Highway Loop 288 would violate the intensity policy for the area as provided in the Guide; and WHEREAS, the Planning and Zoning Commission, after due consideration and study, has recommended that the Guide be amended to provide that the intensity policy for the intersection of Robinson Road and proposed Highway Loop 288 be changed from a low intensity to a moderate intensity area; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and, after due consideration of the current and projected land uses and zoning fo~ the area; the current and projected design capacities for transportation facilities, utilities, and other public facilities in the area: the need for the proposed change; the impact such change would have on the overall growth pattern of the area; whether such change would maintain the concept of balanced growth between all quadrants of the City; and the overall planning goals and concepts contained in the Denton Development Guide; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Development Guide, as revised, be hereby amended by changing the "Overall Concept Plan" and "Land Intensity Areas" maps of the Guide for the intersection of Robinson Road and proposed Highway Loop 288 from a low intensity area to a moderate intensity area so that hereafter all existing policies of the Guide applicable to moderate intensity areas shall be applicable to such area. SECTION II. That a copy of this Resolution be attached to the Denton Development Guide, as revised, showing the amendment herein made. PASSED AND APPROVED this the 20th day of May, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS 121 City of Denton City Council Minutes Meeting of May 20, 1986 Page Seven ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY -- CITY OF DENTON, TEXAS BY: Alexander motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. -'~ 6. The Council held a discussion of granting authority for Mayor to approve requests made through the County Commissioner's Court for extension of services in the City of Denton extraterritorial jurisdiction. Mayor Stephens stated that the County Commissioner's Court was requesting approval from the Mayor prior to extending any lines (water, telephone, etc.) into the extraterritorial jurisdiction. He had received several such requests but had not been given the authority given by Council to sign the forms. Debra Drayovitch, City Attorney, reported that a resolution enabling the Mayor to sign such forms would be prepared for the next City Council meeting. City Manager Lloyd Harrell reported that staff would review the requests and forward to the Mayor for signature, as appropriate. McAdams motion, Chew second to instruct the City Attorney to prepare a resolution authorizing the Mayor to sign such requests following a review and recommendation from the City Manager and appropriate staff members. Motion carried unanimously. 7. The Council considered approval of an appointment to fill a vacancy on the Planning and Zoning Commission. Chew motion, Hopkins second to appoint Mr. Judd Holt to the Planning and Zoning Commission. Motion carried unanimously. 8. The Council considered approval of an appointment to fill a vacancy on the Cable TV Advisory Board. McAdams motion, Riddlesperger second to appoint Mr. Joe Fearing to the Cable TV Advisory Board. Motion carried unanimously. 9. The Council considered approval of an appointment to the North Central Texas Council of Government's Executive Board of a regional citizen representative. This item was listed on the agenda to be discussed in the Executive Session under personnel/board appointments. 10. The Council received a report and discussed the status on the lease agreement between the City of Denton and Maverick Aircraft, Inc. This item was listed on the agenda to be discussed in the Executive Session under legal matters. 11. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital. 122 City of Denton City Council Minutes Meeting of May 20, 1986 Page Eight Council Member Riddlesperger reported that the Committee which was working out final details on the contract had met on May 15. Significant progress had been made toward the solution of some of the serious problems which were faced in filling in the details of the contract. Another meeting would be held May 22, hopefully to finish all of the deliberations and arrive at a final plan which would be presented in due course to the City Council. Debra Drayovitch, City Attorney, stated that a short report had been included in her status report. Mayor Stephens asked the City Attorney to brief the audience on the outcome of the May 15 meeting. Drayovitch reported that the new hospital Board of Directors was formed, elected their officers and designated their negotiating team. The City was represented by Mayor Stephens, Council Member Riddlesperger, Ms. Drayovitch, and Mr. David Petruska from the law firm of Fulbright and Jaworski. The County was represented by Judge Cole, Commissioner Tansey and their legal counsel. Also present were two attorneys on behalf of the new board. The Board was represented by Mike Whitten, Ken Newman and Jim Killingsworth. A new agreement was proposed which, in some ways, put things back to where we started in February prior to having a lot of the changes being agreed to. Fourteen of the changes which were outlined in a cover memo from the attorneys for the new Hospital Board included a number of legal issues as well as business. It was the intent of the parties to make a concerted effort to resolve the business issues, the main one being consideration. Substantial progress was made in this regard. The County had been concerned regarding the issue of consideration, much more so than the City. The City was particularly concerned about some provisions about representation, the provision deleted from the agreement that required that they continually 'maintain an emergency room and provide some of the other type services that they are now. The commitment of this transfer by the City envisioned a public hospital, simply for no other reason than that was the motive of the Council Members behind it. This was communicated to the new Board who felt that they did not want to be tied down by' a requirement that they have an emergency room. After about an hour of negotiation, it was determined that the hospital would contir~ue to offer the same level of services that it is offering now as well as those services which are offered by community based non-profit hospital. In the future, if it is proposed to delete any of those services, consent must be obtained from the County and the City, which consent shall not be unreasonably withheld. The next discussion item was the consideratiol~. A great deal of time was then spent discussing conflict of interest. The County's attorneys had drafted very strict language concerning conflict of interest for the new Board Members. Basically, it was much like the City Charter which prohibits a Council Member from contracting with the City. This is a very strict requirement. The County came back around and revised the language prior to the time of the meeting. The new conflict of interest provision allowed that if a Board Member had a business interest exceeding $10,000, he could not enter into a contract with the hospital. If the interest was less than $10,000, it would be permissible as long as the Member abstained from voting. It was felt very strongly by the new corporation directors that this was unacceptable. After a protracted discussion in which the public officials relayed the constraints under which they work, a compromise was suggested to be presented to the Council and the Commissioners. The compromise was that as long as the Board Member did not own more than 10% of the business and did not vote, it would be okay to have that Board representative contract with the hospital. Everyone was very dedicated to resolving these outstanding issues. There were a couple of items which it was agreed to wait on which involve time deadlines under which the County Judge and the City's Finance Director have to examine certain 123 City of Denton C~ty Council Minutes Meeting of May 20, 1986 Page Nine records of the hospital. The City and County would make an account proposal in that regard that will be satisfactory. Some of the tied issues were whether or not the City and County should make representations and warranties with respect to the agreement. The City's position all along had been that this is not an arm's length business transaction and would not be putting them out a like sum. In fact, there was a possibility that there would not be any money transferred depending on how things went. Because this was not an arm's length transaction, and because each representation and warranty made by the City as to the condition of the hospital constituted a potential liability that could in fact cause money damages to be expended by the City and County, it had been her understanding that the City and County did not look favorably on such a position. This issue had been delayed for further discussion until May 22. It was also pointed out at the meeting that the day before the transfer and the day afterward, the same people would be operating the hospital. The reasoning involved was that there was really not a severe need to warrant from yourself to yourself. These were some of the issues which would be discussed on May 22. A full and final agreement was expected. Council Member Chew asked about the conflict of interest policy. Drayovitch responded that the lawyers had been very severely instructed that they were not to make these decisions. This was a compromise which was agreed to be submitted to the Council. This was purely a Council decision as to what was felt to be appropriate and what could be worked out between the two groups. Mayor Stephens stated that the summaries by Riddlesperger and Drayovitch were on target. It was his first time to meet with the group on Thursday night and he was quite impressed with the interest of all parties to try to work out something which would be to the best interest of the community - a community based hospital. He had been particularly impressed by the fact that the City and County representatives were almost in total agreement. The hospital representatives were watching the wording closely:, they did not want to take on a contract to do a job unless they could set the conditions to their liking. He felt they were going a little overboard to the extent of wanting to have a provision that, in case things got bad in the future, they could still come back to the City and the County for bail out. Drayovitch reported that, under the agreement which had been written all throughout, it was anticipated that the 3% would not address all the indigent care needs. Riddlesperger stated yes: that was true on indigent care. It was hoped that the problem of indigent care would be limited to 3% of the net revenue. The agreement was that we settle the issue of indigent care beyond that 3%. The City did not agree with the County representatives on this position on that particular item. This issue would probably be left for future determination. Mayor Stephens stated that there had been some disagreement on the issue of the 3%. Even the City's representatives were not in total agreement on the figure. That had not been settled and when it came back in the form of a contract to discuss, the Council could look at that particular subject. In reference to Council Member Chew's question regarding conflict of interest, the City representatives had mentioned the Charter requirement that a Council Member could not do business with the City. Drayovitch reported that, basically that was what the City and County had drafted originally. She further reported that, in order to negotiate and to try to work towards a final agreement, the provision of $2,500 had been added. The City Charter went even further than state law. It was then asked to change that from $2,500 to $10,000 and that was then changed to 10%. 124 City of Denton City Council Minutes Meeting of May 20, 1986 Page Ten Stephens stated that it was attempted to make the conflict of interest policy follow state law. That was part of the whole consideratio~ which had to come back to the Council. He had raised the question about Board Members serving and their companies doing any business with the hospital. Riddlesperge~ stated that the basic idea was that it would follow state law and to do something like was done by the City Council. When an item came up in which a Council Member was personally involved, the member would walk out and not participate in that discussion. The contemplation of the state law here was to be in that order and this had been fully discussed. He did not feel that there were any insurmountable problems but felt that the group should be allowed to continue their discussion and come to some conclusion before the City tried to make their decision for them. He thought that best not to attempt to dictate to that group what they should do at this time. Council Member Chew stated that he had a problem with the conflict of interest. Drayovitch stated that it was some different because there were no Council Members who have a financial contract with the City. The point of the Board was that they were not public officials, but rather would be operating a business. Mayor Stephens reiterated what Council Member Riddlesperger was saying was that if the Board Members had a conflict of interest, they could abstain. The discussion at the meeting had not dealt with that question but rather one of could the Board Member make sales to the hospital corporation once the transfer was made or be a part of a company that sold to the hospital. This was where the proceedings had gotten somewhat heated. Drayovitch reported that an agreement was reached that the 3% be raised to 4% at such time as there was a $5,000,000 increase in revenues to the hospital. Accordingly, if revenues went back down that percentage would go back down to 3%. Council Member Chew stated that this basically could mean a sliding scale. Mayor Stephens stated that the Council should think about this as there was still time before the final agreement was reached. 12. New Business No items of New Business were suggested by Council Members for future agendas: 13. No items or miscellaneous matters from the City Manager were received. 14. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. 1 4o] City Council Minutes 1 2 5 June 3, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford: Council Members Alexander, Chew, McAdams and Riddlesperger ABSENT: Council Member Hopkins 1. The Council held a discussion on the City of Denton's position regarding financial responsibility for indigent health care. City Manager Lloyd Harrell reviewed a letter which had been received from the County Commissioners regarding the City's financial responsibility for indigent health care. After discussion, it was the consensus of the Council to send a written response to the Court stating that the City of Denton felt no legal responsibility. The Council held a discussion and considered approval of request for proposal for independent auditing services. City Manager Lloyd Harrell reviewed with the Council the documentation and procedures as recommended by the Finance Director regarding the proposal ~or independent auditing services. The consensus of the Council was to proceed in mailing the proposals. Council Member Hopkins joined the meeting. 3. The Council received a report on proposal from Denton County Tax Appraisal District regarding tax collection for the City of Denton. City Manager Lloyd Harrell reported that the proposal received was for tax collection for the next year at a cost which would vary between $68,000 and $102,000 over and above what the City already had to pay. It currently cost the City approximately $64,000 per -- year to operate an in-house Tax Department; however, the office performed additional duties other than tax collection. It did not appear that the Tax District proposal wQuld save money for the City. Staff recommendation was to respon~e~ that the City was not interested at this time. Consensus of the Council was to reject the proposal. 4. The Council held a discussion on calendar of available dates for follow-up meetings on City Council retreat goals and objectives. City Manager Lloyd Harrell reported that staff had provided tentative dates for Council meetings to discuss goals and objectives. These dates had been chosen as they were the Tuesdays which regular Council meetings would not be held. The plan was to begin each meeting at 5:30 with an orientation by individual departments with attendance by a related City board or commission, as appropriate. The meeting would then turn to the discussion on the goals and objectives from 7:00 p.m. until 9:00 p.m. The consensus of the Council was that the proposed dates were acceptable. 5. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; .Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None Agenda items %2 and %3 were moved forward in the agenda order, 126 City of Denton City Council Minutes Meeting of June 3, 1986 Page Two 2. The Council considered approval of a resolution in apprec- iation of Thomas Chastain. The following' resolution was presented: RE~OLUTION IN APPRECIATION "THOMAS R. CHASTAIN" WHEREAS, Thomas R, Chastain is retiring after forty-one years of dedicated service to the City of Denton since his empl, oyment on April 15, 1945; and WHEREAS, during his career with the City, Thomas R. Chastain has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Denton Municipal Utility Department of the City of Denton: and WHEREAS, Thomas R. Chastain has exhibited outstanding expertise, dedicating much time and effort in assisting with the work of the Utility department and has shown great spirit in encouraging community involvement in the best interests of the citizens of Denton; and ~q{EREAS, Thomas R. Chastain has always served above and beyond the mere efficient discharge of his duties and has responded to his duties in a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and in the best interests of the citizens of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That: the sincere and warm appreciation of the City Council be formally conveyed to Mr. Thomas R. Chastain in a permanent manner by spreading this Resolution upon the o~ficial minutes oC the City Council and forwarding to him a true copy hereof. PASSED AND ~PROVED this 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS McAdams motion, Al£ord second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye." Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Mr. Chastain accepted the resolution and expressed his thanks to the City Council and the employees of the City of Denton. Mayor Stephens then presented a proclamation to several students and their instructor ~rom the Jackson Instructional Center proclaiming them Honorary Urban Planners. 127 City of Denton City Council Minutes Meeting of June 3, 1986 Page Three The Council considered the presentation of awards for beautification effort to the City. Bob Tickner, Superintendent of Parks, reported that the names of the recipients had been furnished by the Denton Beautification Committee, Mayor Stephens presented the awards to Mr. Jack Starling, the recipient in the residential category and Ms. Kelly McKeo,n, Manager of the Taco Bueno ~2 on West University, the recipient in the commercial category. Mayor Stephens announced that zoning petition Z-1798 had been removed from the agenda by staff due to an error in notification. The Council returned to the regular agenda order. 1. The Council considered approval of the Minutes of the Regular Meeting of May 20, 1986, McAdams motion, Riddlesperger second that the Minutes be approved as presented. Motion carried unanimously. 4. The Council considered a presentation of the proposed budget for Flow Memorial Hospital. City Manager Lloyd Harrell reported that representatives from Flow Hospital would make the presentation. Mr. Karl Eason, Chief Financial Officer of Flow Memorial Hospital, reported that total anticipated patient revenues would be in excess of $22,000,000. Other operating revenues were projected to be approximately $781,000 for a total operating revenue figure of $16,777,710. City Manager Lloyd Harrell stated that congratulations were in order for the financial outlook for the hospital. This proposed budget did, however, include $250,000 in capital contributions ~rom the City of Denton. Harrell further stated that he wished to bring this to the attention of the CouNcil as the City budget for the next fiscal year promised to be very tight. He hoped that the Council would look at the proposed contribution to Flow in the context of the entire City budget. Mr. Eason stated that the proposed budget had been prepared under the current ownership structure of the hospital. Debra Drayovitch, City Attorney, asked Mr. Eas. on to explain the 85% County payment shown on page 3 of the proposed budget. Eason stated that the detailed deduction sheet included the revenue percentage for Hill-Burton and Senate Bill 1. The 85% County payment would represent approximately $766,700. It was difficult to plan what the ratio would be for the next year. If the transfer occurred, it would change everything. The Medicare projection was a fixed payment and the Medicaid was a prospective fixed payment. There was a 5% bad debt rate. The cost/charge ~atio was 85%/15%. Under contractual allowance, the combined Medicare and Medicaid produced a write-off of approximately $3,000,000. Blue Cross, etc. represented a 5% bad debt with self-pay producing a 56% write-off. McAdams motion, Alexander second to accept the report and consider the Flow Memorial Hospital proposed budget in conjunction with the City o~ Denton budget. Motion carried unanimously. 5. The Council considered approval of Kappa Sigma Fraternity holding a barbeque and reception at 2026 West Oak on June 21, 1986 from 6:30 p.m. until 11:00 p.m. and allowing an outside loudspeaker to be used. 128 City of Denton City Council Minutes Meeting of June 3, 1986 Page Four Mr. Matt Hogarth, representing the Kappa Sigma Educational Committee, stated that the request was being made by the Alumni Association. An annual golf tournament was held each year in the metroplex area for the alumni of the fraternity. Due to the construction of the Sheraton, the members wanted to move the event back to Denton. There would be a golf tournament and then a bar-b- que, awards ceremony and dance at the fraternity house. They were requesting to use an outdoor loudspeaker until ll:O0 for the dance. Council Member McAdams asked if the neighbors had been contacted as there might be a noise problem. City Manager Lloyd Harrell stated that staff had requested the Alumni Association to provide a petition signed by the neighbors regarding the outside loudspeaker. Council Member McAdams stated that the Council could give tentative approval and could ask the alumni to shut down the party at 10:00 p.m. if there was a noise problem. McAdams motion, Alford second to approve the request but asked the Alumni Association to forward to the City Council a petition signed by the surrounding neighbors. Motion carried unanimously. 6. The Council received a presentation by Mr. Chris Caudle regarding drainage problems on Old Lee Court. Mr. Chris Caudle, 1122 Old Lee Court, stated that a drainage problem had existed at his home for a number of years. The City had installed a small drain grate but there were continuous drainage problems. Mr. Caudle presented photographs of ~lood damage experienced at his home. Streets which had subsequently been constructed in this area had adequate drainage control. He requested immediate action to alleviate the problem and some long range solution for the entire area. He then presented a diagram of the surrounding streets and flood pattern. The City Engineer had informed him that money for this project was in the Capital Improvement Program for 1989. He reiterated he needed immediate relief and felt the solution to the problem was the City's responsibility. Mayor Pro Tem Alford stated that there was much concern over this problem among the residents of this area. Rick Svehla, Assistant City Manager, reported that these particular streets were built in the late 1960's or early 1970's when the City did not have any drainage regulations. This particular project was scheduled in the 1988-1989 Capital Improvement Project program: however, it could be moved ~orward in the timetable at the discretion o~ the City Council. CIP ~unding would end in 1986. Council Member McAdams asked if a temporary solution to alleviate the immediate problem could be ~ound. Svehla responded that the long term solution would be a pipe system which would keep the water from reaching the intersection. Any other "temporary fix" would not be very successful. Mr. Bill Russell, 1134 Old Lee Court, stated that Mr. Caudle was correct in saying that the water must be diverted prior to reaching the intersection. Mayor Pro Tem Alford stated that the Council must assume that a new Capital Improvements Project bond electio~ would fund future projects such as this. The potential projects would then be prioritized in order to help people with problems such as this. 129 City of Denton City Council Minutes Meeting of June 3, 1986 Page Five 7. Public Hearings A. The Council held a public hearing on the petition of the Cumberland Presbyterian Children's Home requesting an amendment to Specific Use Permit (S-167). The property is located at the southwest corner of Bernard and Greenlee streets and is further described as 1304 Bernard Street, Lot 1, Block 1, of the Cumberland Presbyterian Children's Home Addition for a total of 17.327 acres. If the request is approved, the amendment will allow the construction of an activities building that is not included on the original site plan. S-167 The Mayor opened the public hearing. Mr. James Gilbert, Administrator of the Cumberland Presbyterian Children's Home, spoke in favor stating that they were requesting to move the location of the proposed activities building. No one spoke in opposition. The Mayor closed the public hea~ing. Taryon Paster, Planning Technician, reported that 23 reply forms had been mailed with 2 returned in favor and 0 returned in opposition. The area was currently 22% over the intensity standard. Staff could not recommend approval due to the violation of the intensity standard: however, it was beneficial for the home to have its own recreational facilities located at the site. 1. The Council considered adoption of an ordinance approving an amendment to specific use permit (S-167). _ The following ordinance was presented: NO. 86-105 AN ORDINANCE AMENDING THE SPECIFIC USE PERMIT GRANTED UNDER ORDINANCE NO. 83-36 TO PROVIDE FOR A REVISED SITE PLAN, AS SAID PERMIT AND PLAN APPLY TO 17.359 ACRES OF LAND LOCATED AT NORTHWEST CORNER OF BERNARD AND GREENLEE STREETS: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aYe," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Burke Engineering, representing Tri-Steel Structures, requesting a change in zoning from the agricultural (A) classification to the office (O) classification. The tract is five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 and more fully described as lot 1, block 1, Tri-Steel Headquarters Addition. If the zoning change is approved, the property may be utilized for any land use permitted in the office (O) classification by the City of Denton Zoning Ordinance. Z-1709 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Stacey Crum, Planning Assistant, reported that a technical error had been made in advertising when this property was originally annexed in 1985. Seven reply forms had been mailed with two returned in 130 City of Denton City Council Minutes Meeting of June 3, 1986 Page Six favor and zero in opposition. The property was located within the approach zone of the Denton Municipal Airport. The zoning proposal did not violate any Denton Development Guide policies. 1. The Council considered adoption of an ordinance approving a change in zoning on a five (5) acre tract of land situated west: of and abutting Masch Branch Road and north of U. Highway 380. The following' ordinance was presented: NO. 86-106 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 5.00 ACRES OF LAND SITUATED WEST OF AND ABUTTING MASCH BRANCH ROAD AND NORTH OF U. S. HIGHWAY 380, AND MORE FULLY DESCRIBED AS LOT 1, BLOCK 1, TRI-STEEL HEADQUARTERS ADDITION: TO PROVIDE FOR AN OFFICE "O" DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council was to hold a public hearing on the petition of Aha Rocco Pena requesting an amendment to an existing 14.057 acre planned development located on the east side of Road adjacent and south of U.S. Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. The current planned development permits the development of thirty one (31) single family dwellings and one retirement/recovery center. The proposed amendment would permit the development of a church on a 5.8 acre portion of the single family site. Z-1798 This item was removed from the agenda by staff. 1. The Council was to have considered adoption of an ordinance apl)rOVing an amendment to an existing 14.057 acre planned development located on the east side of R[ney Road adjacent and south of U.S. H~ghway 77 and north of Windsor Drive. This item was removed from the agenda by staff. 8. Consent Agenda McAdams motion, Alexander second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids: 1. Bid % 9607 - CIP Utilities/State School waterline 2. Bid %9621 - Lease of scraper B. Plats and Replats: 1. Approval of final replat of Blocks 8 and 9 of the Hillside Addition; Lots 1, 2, 7, and 8, Block of the G. M. Greenlee Addition: and all of Block 1 and part of Blocks 2, 4, and 5 of the Hinson 131 City of Denton City Council Minutes Meeting of June 3, 1986 Page Seven and Vanden's Addition (Cumberland Presbyterian Children's Home Addition). (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Londonderry Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Whitney Park Addition. (The Planning and Zoning Commission recommends approval.) ~ 4. Approval of preliminary plat of the South Denton Industrial Park Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval..) ~ C. Final Payment: ~ 1. Approval of the final payment to Jo Storer for the Hobson Lane/ 377 waterline oversize participation agreement in the amount of $50,578.70. (The Public Utilities Board recommends approval.) 9. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, .supplies or services. The following ordinance was presented: NO. 86-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlespe£ger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-108 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPRO%;EMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt tke ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins !'aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 132 City of Denton City Council Minutes Meeting of June 3, 1986 Page Eight Council Member Chew left the meeting. The following ordinance was presented: NO. 86- 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 3.70 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MOREAU FORREST SURVEY, ABSTRACT NO. 417: DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye" and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35E approximately 2,500 feet south of State School Road. Z-1705 City Manage~ Lloyd Harrell reported that representatives from Oakmont were present to speak regarding this zoning petition. Mr. Craig Curry, representing Nelson Corporation, stated that the zoning petition was approved January 15, 1985 by the Denton City Council. His firm had worked closely with staff and appreciated the time which had been expended in preparing the ordinance. There was only one point of clarification which he wished to address and that was the commercial (office uses) portion of the ordinance. Mr. Curry then referred to information on the development which had been provided to staff during the zoning petition/public hearing stage. Their intent in the office portion was for a 6 story building, not a 2 story one. Cecile Carson, Urban Planner, reported that the planned development concept plan. was considered and approved by the City Council in January of 1985. The Planning and Zoning Commission had also considered 'this petition prior to public hearing before the Council. The concept plan used was for a small parcel of a 725 acre tract, the majority of which was located in Corinth. No other office parcels were included in the Denton portion of the development. The portion in question could be 6 stories in height if it were commercial or 2 1/2 stories in height if office. Staff had interpreted that the Council had approved office land use. Council Member Alexander stated that the Council could not approve 6 stories without another public hearing. Council Member McAdams stated that cumulative zoning had been ended to eliminate these types of problems. The Council had understood office zoning at the time of the public hearing and they were bound by that. Council Member Alexander asked if the Council approved the ordinance as presented~ would that clear the issue of the 2 1/2 stories versus 6 stories. Carson responded yes: the specific height of the building in the plan would be limited to 2 1/2 stories. The following ordinance was presented: 133 City of Denton City Council Minutes Meeting of June 3, 1986 Page Nine NO. 86-109 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 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 7~.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 3~-E, APPROXIMATELY 2,500 FEET SOUTH OF STATE SCHOOL RQAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE: FOR THE CREATION OF A NEW PLANNED DEVELOPMENT DISTRICT FOR THE LAND DESCRIBED HEREIN, SAID LAND BEING PART' OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 80-36: PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATION THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. Council Member McAdams asked if the developer had a problem with the action. Mr. Curtis Holley, Oakmont Development, stated tlhat his firm had worked long and hard on this project and had asked staff for the ordinance for a year. Debra D£ayovitch, City Attorney, stated that this had been a difficult ordinance to prepare. Staf~ was trying to insure that the ordinance was never questioned on any grounds. Curry stated that his firm would like to go along with the ordinance if the Council so desired. . ' On roll call vote, McAdams "aye," Alexander "aye;" Hopkins "aye," Alford "aye," Riddlesperger "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Chew joined the meeting. E. The Council considered adoption of an ordinance accepting the conveyance of deed ~rom the trust for public land of 16.0455 acres of land located in the H. Carter Survey, Abstract No. 281, City and County of Denton, Texas. Steve Brinkman, Director of Parks and Recreation, reported that the passage of this ordinance would allow the City to .accept land to be used for a park. The property was located in a flood plain area and the City had received a grant for the construct!ion of the park. Development could begin in the Fall. The following ordinance was presented: NO. 86-110 AN ORDINANCE ACCEPTING THE CONVEYANCE BY DEED FROM THE TRUST FOR PUBLIC LAND OF 16.0455 ACRES OF LAND LOCATED IN THE H. CARTER SURVEY, ABSTRACT NO. 281, CiITY AND COUNTY OF DENTON, TEXAS: AND PROVIDING FOR AN EFFECTiVE DATE. Alexander motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and MayorI Stephens "aye." Motion carried unanimously. F. The Council considered adoption o~ an ordinance providing for one-way traffic ~rom south to nQrth on the east frontage road of Interstate Highway 35 between~ Highway 380 and Highway 77, and for one-way traffic from north to South on the west frontage road of Interstate Highway 35 between 380 and F.M. 1173; providing for a penalty in the maximum amountI of $200.00 for violations thereof. 134 City of Denton City Council Minutes Meeting of June 3, 1986 Page Ten Rick Svehla, Assistant City Manager, reported that this issue had previously been before the Council. The State Highway Department has requested this action. In 1983, the City Council had passed a resolution to the effect that the service roads would be made one- way when the Loop 288 overpass was built. The Highway Department has received correspondence from the Governor's office regarding the safety hazards at these intersections due to the two-way traffic. A compromise had been reached with the Highway Department in that the frontage roads would be made one-way when the intersections were signalized. I~ the frontage roads were made one-way, the Highway Department had agreed to install the signals. Mr. Hunter World, resident of Greenway Estates, stated that the residents were concerned about access to Westgate hospital and the southbound freeway if the frontage roads were made one-way. They would prefer that the frontage road remain two-way until the overpass allowing access to the freeway was completed. Mr. Tom Dickens, resident of the Greenway neighborhood, stated that, due to increased development in the area, it would take 8 to 10 minutes more to get to Interstate 35 from the neighborhood. The traffic would go through residential area to get to the freeway. City Manager Lloyd Harrell asked Svehla what the cost of installation for the signals if the City had to pay rather than the Highway Department. Svehla responded approximately $40,000 to $50,000. Council Member McAdams asked if the City could negotiate with the Highway Department on the time schedule for making the roads one-way and also the signalization. Svehla responded that he could ask. Riddlesperger motion, Alford second to table the item until June 10. Motion carried unanimously. G. The Council considered adoption of an ordinance accepting the dedication by plat of a drainage easement from Ali A1-Khafa~i. Debra Drayovitch, City Attorney, reported that the ordinance was brought before Council as the easement had never been dedicated. The following ordinance was presented: NO. 86-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING THE DEDICATION BY PLAT OF A DRAINAGE EASEMENT FROM ALI AL-KHAFAJI: AS MORE PARTICULARLY DESCRIBED HEREIN: AND PR~TIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution temporarily closing Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge on July 12, 1986 from the hours of 4:00 p.m. until 10:00 p.m. for the purpose of having a neighborhood block party. Mr. Zane Lemons appeared and distributed invitations to the Co~lncil Members for the block party. 135 City of Denton City Council Minutes Meeting of June 3, 1986 Page Eleven The following resolution was presented: RESOLUTION WHEREAS, Zane Lemon has requested that Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge, public streets within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. to 10:00 p.m. on July 12, 1986, for the purpose of having a neighborhood block party: and WHEREAS, Zane Lemon has assured the City Council that all residents in such block have agreed to the temporary closing of Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge: and WHEREAS, Zane Lemon has further assured the City Council that no alcoholic beverages will be served at the above-mentioned block party: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge, public streets in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m. to 10:00 p.m. on July 12, 1986, for the purpose of having a neighborhood block party. SECTION II That the City Manager shall direct the appropriate City Department to erect barricades at Pembrooke and Lynhurst Streets at the intersections of Pennsylvania and Longridge at 4:00 p.m. on July 12, 1986, and to have the same removed at 10:00 p.m. on said date. PASSED AND APPRO~-ED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Mayor to approve requests made through the County Commissioners Court for extension of services and requests ~or the naming of streets in the extra-territorial jurisdiction of the City of Denton. The following resolution was presented: 136 City of Denton City Council Minutes Meeting of June 3, 1986 Page Twelve RESOLUTION WHEREAS, on a regular basis the Mayor is asked to approve requests to install utility lines within the extraterritorial jurisdiction of the City of Denton: and WHEREAS, from time to time, the Mayor o~ the City of Denton is also requested to approve "Applications to Name Streets" within the extraterritorial jurisdiction of the City of Denton: and WHEREAS, the Mayor and City Council, having discussed these requests, have determined that these requests should be reviewed by the City staff prior to execution by the Mayor: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That: the Mayor of the City of Denton is authorized to execute, on behalf of the City of Denton, approval for "Requests for Permission to Install Utility Lines" and "Applications to Name Roads in Denton County", upon the recommendation of the City Manager, who shall have his staff review said requests and applications prior to making his recommendation. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution agreeing to contribute a proportional share of the cost of updating the Greater Dallas Mobility Study. Rick Svehla, Assistant City Manager, reported that the Mayor and City Manager had attended a program on this study. The intent was a lobbying effort by the City of Dallas and neighboring cities to the Highway Department concerning traffic issues. The share for the City of Denton was $1,335. The following resolution was presented: 137 City of Denton City Council Minutes Meeting of June 3, 1986 Page Thirteen RESOLUTION WHEREAS, the Metroplex Mayors have created an executive committee on State Highway Financing, whose p~ima£y function will be to lobby for a greater share of state highway funding for the Metroplex: and WHEREAS, as part of the lobbying effort, it is essential that the 1982 Greater Dallas Mobility Study be updated to include DART, new thoroughfares, freeways and tollroads; and WHEREAS, the Executive Committee has recommended that the $50,000.00 cost of updating this Mobility Study be apportioned among the participating cities on the basis of their 1980 populations; and WHEREAS, Denton's resulting share of the cost of updating this important Study is estimated to be $1,335.00: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council hereby expresses its support for the efforts of the Executive Committee on State Highway Financing. SECTION II. That the City of Denton hereby agrees to contribute its proportional share toward the cost of updating the Greater Dallas Mobility Study. SECTION III, That this Resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN., CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alexander motion. McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D, The Council considered approval of a resolution changing the date of the regular City Council meeting of June 17 to June 10, 1986. The following resolution was presented: RESOLUTION WHEREAS, a majority of the Council will be out of the City of Denton on June 17, 1986, and it is necessary that the Council 138 City of Denton City Council Minutes Meeting of June 3, 1986 Page Fourteen meeting for such date be held on June 10, 1986: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the regular Council meeting to be held on June 17, 1986 be held on June 10, 1986. PASSED AND APPROVED this the 3rd day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 11. The Council received a report and discussed the status of the lease .agreement between the City of Denton and Maverick Aircraft, Inc. No report was made on this Executive Session item. 12. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital. Debra Drayowktch, City Attorney, reported that the timetable for the asset transfer had been somewhat effected by the May 27 meeting. Insurance papers for the hospital had lust been received. A compromise had been reached on the warranties and representations. Changes to the agreement had been received this day in her office. 13. The Council considered approval of an appointment to the North Central Texas Council o~ Government's Executive Board of a regional citizen representative. Chew motion, McAdams second to nominate Ms. Karen Abernathy for the appointment. Motion carried unanimously. 14. The Council r~ceived the following miscellaneous matters from the City Manager. City Manager Lloyd Harrell reported that a revised budget calendar had been prepared. The receiving of the budget issues had been moved to July 1 and 2 from June 24 and 25. The consensus of the Council was to begin budget hearings on July 1 and 2. 15. New Business No items of new business were suggested by Council Members for future agendas. 139 City of Denton City Council Minutes Meeting o~ June 3, 1986 Page Fifteen 16. The Council reconvened into the Executive Session to d~scuss legal matters, ~eal estate, personnel and board appointments. No official action was taken. With no furthe£ items of business, the meeting was adjourned. C~RL~TTE ALLEN~ CITY SECRETARY 1277j 140 Council Minutes June 10, 1986 The Council convened in the parking lot of the Municipal Building and departed for a tour of Lake Ray Roberts. The Council convened into the work session at 6:30 p.m. in the Civil Defense Room PRESENT: Mayor Stephens; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney, and City Secretary ABSENT: Council Member Hopkins was out of town Council Member Alford was out of town 1. The Council held a discussion on and consider approval of a proposal from Denton County to provide health services to the City of Denton. Betty McKean, Assistant City Manager, reported that the City has received a letter from Acting County Judge Switzer regarding the County's intention to contract with the various cities for environmental and clinical health services. The County had requested a response to this proposal by June 23. McKean then referred to a hand-out which gave the differences in the cost of the services for the current budget year and for the next budget year for Denton as well as other cities in the County. The City's current cost had been assessed $100,000 but would increase to $150,000 for fiscal year 1986-87. One question which should be asked was what had happened to the Health Department operations to require such a large increase in costs. Also the date of the receipt of the proposal and the requested response dat& did not leave adequate time for staff to research alternatives. Twelve other cities in the County had been contacted regarding this proposal. The City did not have funas available to put a City Health Department into place by the end of this fiscal year. City Manager Lloyd Harrell stated that it might behoove the City to contract for these health services for one year and look at alternatives during the next twelve months. Consensus of the City Council was to direct staff to contact other cities in the County and together, approach the County for clarification on the why the cost o£ the service hag increased and asked for an extension on responding to the proposal. The Council then convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney, and City Secretary ABSENT: Council Member Hopkins was out of town Council Member Alford was out of town 1. Public Hearings A. The Council held a public hearing on the petition of Mr. and Mrs. Ken Bradley requesting historic landmark (H) designation at 805 Bolivar Street. The property is further described as all of Lots 4 and 5 and part of Lot 3, Block 4, of the Bacon Addition. The Mayor opened the public hearing. Mr. Ken Bradley, the petitioner, spoke in favor stating that the property was originally part of the Eagan Farm and as such, had a lot of history and folklore associated with it. The home, constructed by Dave Barrett in 1940, was unique for the time frame 141 City of Denton City Council Minutes Meeting of June 10, 1986 Page Two in which it was built. He further stated that the historical designation would be an asset to the neighborhood which was seeing an resurgence. Council Member Riddlesperger asked if any other home constructed in this time frame had received the historical designation. Mr. Bradley responded that the rule of thumb was that structures be 50 years old; however, the Historical Landmark Commission and Planning and Zoning Commission had made an exception in this case. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that the structure was an example of architecture in this neighborhood and had been associated with civic leaders. The home had served as the site of many social weddings and parties during this time period. The Historic Landmark Commission recommended approval by a vote of 9 to 0 and the Planning and Zoning Commission recommended approval by a vote of 6 to 0. There were 22 reply forms mailed with 1 returned in favor and 2 returned in opposition. The Council qonsidered adoption of an ordinance approving historic landmark (H) designation at 805 Bolivar Street. The following ordinance was presented: NO. 86-112 AN ORDINANCE DESIGNATING 805 BOLIVAR STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 2. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids: 1. Bid #9619 - Distribution Transformers 2. Bid #9620 - Office Supplies 3. Bid #9622 - Envelopes 3. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-113 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 142 City of Denton City Council Minutes Meeting of June 10, 1986 Page Three McAdams motion, Alexander second to adopt the ordinance. On roll call vote,. McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carrie~ unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements (Bid #9609 - Stuart-Pershing Paving/Drainage.) The item was removed from the agenda by staff. Cl. The Council considered adoption of an ordinance approving an agreement between Sunburst Development, the City of Denton, and Michael J. Whitten, providing for the payment of costs for the condemnation of land for drainage purposes. City Manager Lloyd Harrell reported that this item had been discussed previously. The following ordinance was presented: NO. 86-114 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, SUNBURST DEVELOPMENT, INC., AND MICHAEL J. WHITTEN TO PROVIDE FOR THE PAYMENT OF COST OF CONDEMNATION OF A STORMWATER DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance removing Bonnie Brae from the truck route ordinance. Rick Svehla, Assistant City Manager, reported that Bonnie Brae had been rebuklt approximately 6 years ago and was designed at that time for normal truck traffic. Due to development in the area, large numbers of trucks were now using Bonnie Brae which was causing structural difficulties with the street. The Citizens Traffic Safety Support Commission recommended that the street be removed from the truck route. The following ordinance was presented: NO. 86-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY DELETING BONNIE BRAE STREET AS A DESIGNATED TRUCK ROUTE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the single family (SF-7) classification on a 62.474 acre tract located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). Z-1806 City Manager Lloyd Harrell reported that the Council had seen this item previously. The following ordinance was presented: 143 City of Denton City council Minutes Meeting of June 10, 1986 Page Four NO. 86-116 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 62.474 ACRES OF LAND SITUATED IN THE VENTER SURVEY, ABSTRACT 1315, DENTON COUNTY, TEXAS, BEING LOCATED AT THE SOUTHWEST CORNER -- OF HICKORY CREEK ROAD AND FM 2181, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL (A) DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY (SF-7) CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. Bob Nelson, Director of Utilities, reported that the Council had recently reduced rates 1/2¢ per kilowatt hour due to the reduced cost of natural gas. TMPA had renegotiated the mining contract which had resulted in an additional reduction in costs. City Manager Lloyd Harrell stated that this would bring the total decrease to 7.6%. The following ordinance was presented: NO. 86-117 AN ORDINANCE AMENDING "SCHEDULE ECA" OF THE SCHEDULE OF RATES FOR ELECTRICAL SERVICE, TO PROVIDE FOR A REDUCED ENERGY COST ADJUSTMENT RATE; AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving the payment of an amount not to exceed $10,000 to the Texas Municipal League to pay the cost of intervening in litigation relating to Texas water quality standards. Bob Nelson, Director of Utilities, reported that in January the Sportsman Club, Sierra Club and Environmental Defense Fund had filed a lawsuit against the Environmental Protection Agency in an effort to enforce strict adherence to water quality standards. This would be a nationwide test case to allow states to set water quality standards. While the City was very active in its support of clean water, there were concerns regarding the financial impact of these standards on future wastewater treatment plant construction costs. There should be a balance between clean water and point sources. The passage of this ordinance would allow support of the Texas Municipal League's legal efforts in the suit. Council Member McAdams stated that the lawsuit filed by the Sierra Club alleged that the rules set by the Texas Water Commission were not adequate to meet the Federal Water Right Act. She had a problem with the City joining in the effort against the Sierra Club. Nelson responded that the interpretation of what was adequate treatment of water was very nebulous. Some of the rules for water treatment were more stringent in certain areas than in other areas. 144 City of Denton City Council Minutes Meeting of June 10, 1986 Page Five Council Member McAdams stated that if the Texas rules were not as stringent as the Federal regulations and we were not meeting all of the Texas regulations, perhaps we did need a push. Nelson responded that wastewater was monitored at the City laboratory,, which was only one point. The Federal regulations stated that every water discharge point, including stormwater, should be monitored and treated. To strictly comply with such regulations would be cost prohibitive. Council Member McAdams stated that it was not known at this time that the interpretation of the regulations would mean that degree of monitoring and treatment. She was concerned about clean water and did not feel that enough was currently being done. Debra Drayovitch, City Attorney, reported that this particular lawsuit was saying that every water course (streams, etc.) should be clean enough to swim in and to support fish life. Each city would have to bear the cost of the treatment of this water to bring it up to these standards. Council Member McAdams asked if the Federal Clean Water Act required every stream to be in this same condition. Nelson responded yes. Denton did a very good job with water treatment; however, some smaller cities emptied their treated water into dry creek beds. The processing of this water would have to be upgraded to meet these more stringent standards. It was felt that this lawsuit could go on for 2 to 3 years. TML was trying to enlist the support of member cities in an effort to begin negotiations with the Sierra Club, et al. Drayovitch reported that the Environmental Protection Agency had approved the Texas standards as being the most feasible. Council Member McAdams stated that she did wish there could be some middle ground. If the City were to support TML against the Sierra Club, it appeared that the cities did not care about clean water. For example, we would be saying that the current regulations were too stringent and yet the City of Dallas had already been fined to noncompliance. She was concerned that the message which would be sent was that we intended to proceed with business as usual. Drayovitch reported that, if the cities were ~orced to comply with the letter of the law in the regulations, the monthly rates for water and sewer service would have to increase by 400% to pay the additional wastewater treatment. Council Member Riddlesperger agreed with McAdams stating that it was a serious thing to say that the City was opposed to clean water standards because of the cost. Chew motion, McAdams second to table the ordinance until the July 1 Council meeting. Motion to table carried unanimously. H. The Council considered adoption of an ordinance approving .an agreement between the City of Denton and Black and Veatch for engineering services in regard to utility distribution projects. Bob Nelson, Director of Utilities, reported that periodically a shut down of the power plant was done to be sure that it was operating properly. During the shut down, Black and Veatch would provide input on possible improvements. Also, under the agreement, they would assist in the location of sites for new plants. The following ordinance was presented: 145 City of Denton City Council Minutes Meeting of June 10, 1986 Page Six NO. 86-118 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH FOR ENGINEERING SERVICES IN REGARD TO UTILITY DISTRIBUTION PROJECTS, AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance providing for one-way traffic from south to north on the east frontage road of Interstate Highway 35 between Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage road of Interstate Highway 35 between 380 and FM 1173; providing for a penalty in the maximum amount of $200.00 for violations thereof. Rick Svehla, Assistant City Manager, reported that staff had talked with the Highway Department regarding the timing for the signalization. The Highway Department expressed some anxiousness and felt that it was important that these service roads by made one-way as quickly as possible. If the ordinance was approved, the project would be moved up in their priority. The projected date for letting of the contract was now first quarter of 1987 with full signalization completed by early summer. Council Member Chew stated that he did not see how the City could afford to wait. The following ordinance was presented: NO. 86-119 AN ORDINANCE OF THE CITY OF DENTON~ TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM SOUTH TO NORTH ON THE EAST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN HIGHWAY 380 AND HIGHWAY 77, AND FOR ONE-WAY TRAFFIC FROM NORTH TO SOUTH ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN HIGHWAY 380 AND FM 1173; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alexander second to adopt the ordinance. Council Member Riddlesperger stated that it appeared it would be approximately a year before full installation of the traffic signals would be completed. Svehla responded that the service roads would become one-way in the first quarter of 1987. The Highway Department would not improve the signalization until the roads were one-way. Council Member McAdams asked if the Council could approve the ordinance making the service roads one-way contingent upon the installation of the signalization. City Manager Lloyd Harrell reported that staff would be glad to make a commitment to work with the Highway Department and try to delay the one-way requirement as long as possible. Svehla reported that staff had been told that the Highway Department would not install the signals without one-way signs being in place first. Mayor Stephens stated that an ordinance had been previously approved whereby that the service roads would be converted to one-way when the extension to Loop 288 was completed. It appeared that the Council was changing its mind. The Mayor then asked when the bridge over 1-35 would be built in conjunction with the northern extension of Loop 288. 146 City of Denton City Council Minutes Meeting of June 10, 1986 Page Seven Svehla replied that the bids for Loop 288 would be let in 1987. He was unsure of the phasing of the project; the overpass could be built first or last. He would estimate the completion of the overpass in the 2 to 3 year range. Staff understood that the funds were available for this project. Council Member Alexander stated that his perception was that the Highway Department was concerned about the safety aspect. Svehla responded that was possible. The District Engineer has indicated that he had received communications from the Governor regarding safety complaints. Council Member Chew stated that safety was a concern and many accidents had occurred at this intersection. He felt the City should get the signs and signals in place as quickly as possible. Council Member Alexander stated that he appreciated the concerns for the citizens who lived in Greenway Estates and the fact that they would be inconvenienced; however, he had received quite a lot of feedback regarding the safety issue. The Council then recognized Mr. Hunter World, 2125 Greenway Drive, from the audience. Mr. World distributed maps and stated that various routes to Westgate Hospital had been driven to determine how much time it would take to get to the emergency room from Greenway Estates. If the services roads continued to be two-way, it took 2 minutes; the route down Thunderbird or Payne Drive to Bonnie Brae to University to Mesa Drive took 8 minutes; the route north to 77 and back down the other service road took 8 minutes. The plan to make the service roads one-way in conjunction with the extension of Loop 288 and the construction of the overpass, was practical. Regarding the safety factor, a more dangerous intersection was Loop 288 and 1-35 at the mall. Another consideration was that Thunderbird was 43 feet wide and narrowed to 39 feet and then to 29 feet. If cars were parked on the street, the actual driving space left was only 16 feet. Emergency vehicles would have difficulty in maneuvering in such narrow spaces. Council Member Alexander asked Mr. World to estimate the number of residents in this neighborhood who have to get to 1-35 in order to drive to Dallas each day. Mr. World responded that there were approximately 100 townhouses and 100 homes in the area and also, it was developing rapidly. His primary concern was still emergency service. Mayor Stephens stated that there were alternatives. The service roads could be made one-way at the time of the bid letting or made one-way contingent upon the signals being in place and operational. Council Member McAdams asked if the ordinance as presented could be amended to be contingent upon the signalization. A primary consideration had to be the cost of the signalization. If the City procrastinated, instead of the state paying for the installation of the signals, the City would have to bear the cost. Council Member Chew stated that he did not feel an amendment to the ordinance would be to the City's advantage. The Council could adopt the ordinance as presented and instruct staff to delay the signalization as long as possible. City Manager Lloyd Harrell reported that the state had indicated that they wanted the one-way signs in place before they would proceed with further signalization. 147 City of Denton City Council Minutes Meeting of June 10, 1986 Page Eight Svehla further reported that the state would be putting up the signs, not the City. The Council then voted on the ordinance as presented. On roll call vote, McAdams "nay," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "nay." Motion failed 3 to 2. Council Member Chew stated that two of the Council Members were absent and as it would require four affirmative votes to adopt the ordinance, perhaps a new ordinance should be prepared and brought back to the Council at another meeting. Debra Drayovitch, City Attorney, reported that the language in the ordinance presented could be altered regarding the effective date. Instead of the ordinance becoming effective in 14 days, this could be amended to read "shall be effective upon installation of signalization." Chew motion, McAdams second to amend the ordinance to read "shall be effective upon installation of signalization." On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion on the amendment carried unanimously. Chew motion, McAdams second to adopt the ordinance as amended. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 4. Resolution A. The Council considered approval of a resolution authorizing the condemnation of .02 acres of land for drainage purposes; located in the S. C. Hiram Survey, Abstract 616, being part of that tract of land described in a deed recorded in Vol. 797, page 793, Deed Records, Denton County, Texas. The following resolution was presented: RESOLUTION WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owners upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter described right, title and interest in the hereinafter described land, and that it is necessary that it authorize proceedings in Eminent Domain to acquire the right, title, and interest in the hereinafter described property. SECTION II. That Michael J. Whitten, attorney at law, acting on behalf of the City of Denton, is hereby authorized and directed to bring condemnation proceedings to obtain a stormwater drainage easement in, over, and under the land situated in the City of Denton, Texas, described in Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, repairing and maintaining a stormwater drainage easement in, on, and under said property. 148 City of Denton City Council Minutes Meeting of June 10, 1986 Page Nine SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 10th day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED Afl TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye,~ and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a Final Statement of Objectives and Projected Use of Funds, with appropriate certification. (The Community Development Block Grant Committee recommends approval.) Elizabeth Evans, Community Development Grants Administrator, reported that this resolution was part of the application process to HUD for funding. The Final Statement of Objectives and Projected Use of the Funds had been published and a public hearing had been held. The funds received would be used for housing rehabilitation and the southeast Denton recreation center. The followJ, ng resolution was presented: RESOLUTION A RESOLUTION BY THE CITY OF DENTONt TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENg? A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas~ has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utilizing its first year entitlement funds in the approximate amount of $470,384; and WHEREAS, the public hearing will have been held in accordance with the law; and WHEREAS, the Act requires an application and appropriate certification; NOW, THEREFORE, 149 City of Denton City Council Minutes Meeting of June 10, 1986 Page Ten BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a grant application and appropriate assurances for - entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances. SECTION III. This Resolution shall take effect immediately from and after its passage. SECTION IV. That the City Secretary is hereby authorized to furnish copies of this Resolution to all interested parties. PASSED AND APPROVED this the 10th day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution authorizing the Mayor to execute a Pipe Line License Agreement between the City of Denton and the Missouri-Kansas-Texas Railroad Company. Bob Nelson, Director of Utilities, reported that this was a routine item regarding an electrical line across Payne Road. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated June 1, 1985, between the City of Denton and the Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and instal- 150 City of Denton City Council Minutes Meeting of June 10, 1986 Page Eleven lation of one aerial electrical distribution line containing a maximum of 13.2 KV at Mile Post K-725.83, Denton County, Texas. PASSED AND APPROVED this the 10th day of June, 1985. RAY STEPHENS, MAYOR CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM]2 DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D.. The Council considered approval of a resolution declaring the week of June 8, 1986 as Flag Week and June 14, 1986 as Flag Day for the City of Denton. The following resolution was presented: RESOLUTION WHEREAS, over two hundred years ago, in June 1775, the first distinctive American flags were flown over the colonial defenses during the Battle of Bunker Hill. One flag was an adaptation of the British Blue Ensign, while the other displayed the pine tree, a symbol of the experience of Americans who had wrested their land from the wilderness; and WHEREAS, as the colonials moved toward a final separation from Great Britain, other flags appeared. At least two of them featured a rattlesnake, symbolizing vigilance and deadly striking power. One bore the legend "Liberty or Death"; the other, "Don't Tread on Me". The Grand Union Flag was raised over Washington's Continental Army Headquarters on January 1, 1776. It displayed not only the British crosses of St. Andrew and St. George, but also thirteen red and white stripes to symbolize the American Colonies. The Bennington Flag also appeared in 1776, with thirteen stars, thirteen stripes, and the number "76"; and WHEREAS, two years after the Battle of Bunker Hill, on June 14, 1777, the Continental Congress adopted a flag that expressed clearly the unity and resolve of the patriots who had banded together in the cause of independence. The delegates voted "that the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field representing a new constellation"; and WHEREAS, after more than two centuries, with the addition of thirty-seven stars, each representing one of our 50 States, a flag chosen by the Continental Congress on that June day in Philadelphia still waves over our Nation. This flag symbolizes our shared commitment to freedom and federalism and carries a message of hope to the afflicted, of opportunity to the oppressed, and of peace to all humanity; and 151 City of Denton City Council Minutes Meeting of June 10, 1986 Page Twelve WHEREAS, to commemorate the adoption of our flag, the Congress, by a joint resolution approved August 3, 1949, designated June 14 of each year as Flag Day and requested the President to issue an annual proclamation calling for its observance and for the display of the Flag of the United States on all government buildings. The Congress also requested the President, by joint resolution approved June 9, 1966, to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week and calling upon all citizens of the United States to display the flag during that week; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That June 14, 1986, be designated as "Flag Day" and the week beginning June 8, 1986, as "National Flag Week", and urge the citizens of Denton to display the Flag of the United States and observe Flag Day and Flag Week by flying the Stars and Stripes from their homes and other suitable places; to honor their country in renewing their dedication by publicly reciting the Pledge of Allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all. SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 10th day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. The Council considered approval of modifications to the intersection of Carroll and McKinney. Rick Svehla, Assistant City Manager, reported that staff had been mindful of the Council's wishes regarding Carroll Boulevard. The firm of DeShazo, Starek and Tang had been retained to complete a study of the Carroll Boulevard/McKinney Street intersection. The findings of this study were presented to the Citizens Traffic Safety Support Commission who had unanimously voted to accept the recommendation to restrict the left turn movement onto Carroll Boulevard from McKinney via median modifications. Council Member McAdams asked why the Carroll/Parkway intersection was signalized instead of the Carroll/McKinney intersection. 152 City of Denton City Council Minutes Meeting of June 10, 1986 Page Thirteen Svehla gave a brief history of the rationale for the current signalization. Mr. Mark Goode, representing DeShazo, Starek and Tang, reported that traffic counts were performed at the Carroll/McKinney intersection in January and February. The result was that this intersection did not meet any of the 7 warrants for signalization. His firm was recommending that the congestion at the intersection could be diverted to south to Oak and north to Parkway via median modifications. A survey of signal warrants had not been done on Parkway. Council Member McAdams stated it did not seem appropriate to have full signalization at Parkway and not McKinney as McKinney was a through street and Parkway was only one block long. McAdams motion, Chew second to table the item. Motion to table carried unanimously. 6. The City Manager had nothing to report under miscellaneous matters. 7. The Council was to receive a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, /nc. This item %,as taken under the Executive Session. 8. The Council was to receive a report on the status of the proposed asset transfer of Flow Memorial Hospital. This item was taken under the Executive Session. 9. The Council was to hold a discussion regarding potential right-of-way acquisition for street expansion. This item was taken under the Executive Session. 10. The Council was to consider annual appointment of members to City of Denton boards and commissions. This item was taken under the Executive Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: Council Member Chew requested the City Attorney to prepare a new ordinance regarding vicious dogs. Mrs. Ginger Henry of Sanger asked to be recognized by the City Council. Mrs. Henry stated that she wished to speak to the Council regarding a problem which she had experienced with the City ambulance service. On June 6, an ambulance had been called to transport her father from the Care Inn in Sanger to Westgate Hospital. Upon arrival, the ambulance was overheating and another ambulance had to be called. The second ambulance began to transport Mr. Henry to Westgate and also experienced overheating problems and was forced to stop in route to the hospital. A third ambulance did intercept and completed the run to the hospital. She stated that it was an unusually hot day and all involved experienced discomfort while waiting for the third ambulance. Mrs. Henry further stated that, although her father did subsequently pass away, he was very elderly and had a variety of health problems. She also stated that the ambulance attendants were very kind and courteous and her father was receiving medical attention from the time the first ambulance 153 City of Denton City Council Minutes Meeting of June 10, 1986 Page Fourteen arrived. She wanted to bring this matter to the attention of the Council as she felt it was very important that these types of emergency vehicles receive~ regular maintenance to prevent this type of occurrence in the future. 13. The Council reconvened into the open session to take the following official action on legal matters in the Executive Session. McAdams motion, Chew second that a letter demanding possession of the leasehold with Maverick due to continuing defaults be prepared and sent to Maverick. Motion carried unanimously. Chew motion, Riddlesperger second to adjourn. Motion for adjournment carried unanimously. With no further items of business, the meeting was adjourned at 11:20 p.m. CHARLOTTE ALLEN ,--CITY ~ECRETARY 1460s 154 Council Nil The Council convened spe ?_.~.~,5/~ ~ .ng at 5:00 p.m. in the City Manager's conference roo. .~ PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney ABSENT: None 1. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital and consider adoption of an ordinance authorizing entry into an agreement with the County, the Flow Memorial Hospital Board and Flow Regional Medical Center for the transfer of assets of Flow Memorial Hospital. The item was taken under the Executive Session. 2. The Council was to consider annual appointment of members to City of Denton boards and commissions. The item was taken under the Executive Session. 3. The Council convened into the Executive Session to discuss real estate and personnel/board appointments. No official action was taken. Due to the number of persons attending the meeting, the Council relocated to the City Council Chambers at 7:20 p.m. 1. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital and consider adoption of an ordinance authorizing entry into an agreement with the County, the Flow Memorial Hospital Board and Flow Regional Medical Center for the transfer of assets of Flow Memorial Hospital. Mayor Stephens stated that, in order to expedite the discussions, background information would be provided by the City Manager, a review of the proposed transfer agreement would be given by Mr. David Petruska and the review of the remaining major issues and the resolution of such by the City Council would be presented by the City Attorney. The portion of the discussions regarding assumptions and liabilities would be taken under the Executive Session. City Manager Lloyd Harrell reported that he would like to make some introductory remarks prior to the Council working through the agenda. Included in the back-up material was a memorandum responding to a letter sent by the Mayor, at the direction of the Council, to the Hospital Board. The letter asked the board to put into writing their estimate of considerations under the proposed agreement so Council could have some actual dollar numbers of the annual financial contribution that the hospital would make for indigent care under the proposed agreement. These had been provided. Also included in the back-up material was an ordinance should the Council work through discussions on the proposed agreement and felt confident to proceed with the authorizing ordinance. It was his understanding that there were only a few minor modifications from the ordinance that the Council had earlier received. The proposed ordinance tracked the language used by the County when they adopted the agreement. Other back-up materials included an analysis of the agreement by the County's attorneys as well as a memorandum from David Petruska of Fulbright and Jaworski, the outside counsel employed by the City to represent City interests in the matter. Relating to background information, the Mayor had stated that staff would like to give this discussion some structure so Council could move through the various issues and reach resolution. Following this process, if the Council was satisfied, they would then be in a 155 City of Denton City Council Minutes Meeting of June 19, 1986 Page Two position to take up the agreement for its consideration. The presentation was divided into 3 parts; a brief background statement of some of the macro issues in the agreement and what the agreement meant as far as the City government was concerned; secondly, a detailed presentation of the content of the agreement by the outside counsel so the City Council had a complete understanding of the items contained within that agreement; and finally, the City Attorney had outlined the three major issues that had been the subject of Council discussion in the past regarding the agreement -- assumption of liabilities, considerations, and conflict of interest policies. Time had been allotted for discussion of other issues of concern to the Council, if needed. For each of the particular issues to be discussed, staff had offered various alternatives. In regard to background information, there appeared to be three major macro issues of concern to the City government. First, was the issue of annual City financial support and what kind of effect entering the proposed agreement would have versus simply going as is with no particular agreement being struck between the County and the new not-for-profit corporation. Staff had divided the annual financial support into two categories, the first being Capital. As the Council was aware, under the agreement provision, the not-for-profit corporation would not require additional Capital support from the City and would not make that requirement but rather would secure financing for capital improvements for the hospital on their own. If no agreement was reached, the City had been presented with a budget from the hospital asking for $250,000 to support the capital improvements at the hospital, which was the same level of support as this year from the City government to Flow Hospital. As far as the indigent care question, the implications there were more unclear because the legal determination for who actually was going to be responsible for indigent care certainly had not been resolved. If the agreement was adopted by the City Council and, depending upon the legal determination, the range of financial obligation from the City could be either $0 up to approximately $165,000. Using the audited expenses, which were the largest ones for indigent care for last year, and using the hospital figures for how much credit they would give under the formula, the difference between those two numbers would be halved. Assuming worst case where everything went against the City, a very liberal-leaning judge might declare that the City had 50% of the responsibility which would amount to approximately $165,000. The no agreement route would have the City being obligated for approximately $528,000, representing 50%. That question was certainly open for litigation. The Council's position had been very strongly stated that City was not legally responsible and felt this was an appropriate County responsibility. The second macro question was the asset transfer. The hospital had been appraised at $6,000,000 for the purposes of the agreement and the asset transfer. Under the agreement this $6,000,000 asset would be transferred to the not-for-profit corporation. If no agreement was reached, there was a $6,000,000 asset which still would be the the property of the City and County. A footnote being that, if at some later date, the hospital failed, it was unsure how much that asset would be worth under those circumstances. The last major macro issue was the viability of Flow Hospital. It has been concluded by the study committees and the Blue Ribbon Committee that, under the agreement, there was a better opportunity for Flow Hospital to succeed as there would be funding more readily available for improvements and the hospital would be somewhat removed from the political arena. David Petruska, of Fulbright and Jaworski, reported that a description of the asset transfer agreement had been distributed to Council. 156 City of Denton City Council Minutes Meeting of June 19, 1986 Page Three Mayor Stephens stated that Council would like to reconvene into the Executive Session to discuss Considerations. The Council then reconvened into the Executive Session to discuss real estate. The Council reconvened into the Special Called meeting. Mayor Stephens stated that, in an effort to expedite the discussion, the City Manager, the outside attorney and the City Attorney would make their presentations. The Council would then have questions and answers and discussion. Petruska reported that the Council had received a summary of the agreement; however, several changes had been made. The summary described the asset transfer agreement item by item but an overview of the transaction was that the hospital had been estimated to have a value of approximately $6,000,000 by Eppler, Guerin and Turner. The City and the County jointly would be transferring the hospital to the new non-profit corporation for certain Consideration. Consideration consisted of four items; first was ~.the assumption of certain existing liabilities; second was the promise to continue to operate the hospital as a non-profit public hospital open to the public; third was the provision of medical services to certain indigents at discounted rates. These would be the indigents that would haw~ to be paid for normally by the City or the County. Fourth was the provision of certain specified levels of indigent care on an annual basis for free. The elements of Consideration were important for several reasons, one of which was the obvious fact that the City would be transferring over an asset valued at ~6,000,000. Under state law, the City needed to get something back for it so that the transaction would be a valid one. It was also necessary from a business point of view that the City felt it was getting something for transferring the asset over. The services that were going to be provided for free were equal to 3% of the net patient service revenues of the hospital until the revenues reach a certain level after a certain time period at which time it would go to 4%. This was what the hospital would provide in terms of indigent care. Should the revenues drop below a certain level, the percentage would also drop back down to 3% and so on. There were also provisions in the proposed agreement providing for the fact that this would be a partial fiscal year. There were provisions providing certain eligibility standards; i.e., who would be classified as an indigent for particular types of services that would be provided. In order to make sure that the t~ new corporation was fulfilling its obligations to the City and the County, there were certain mechanisms put into place. One was that any time the City or County wanted to, they could examine the records of the corporation. Another was a monthly reporting requirement. The corporation was going to have to give a report stating the patient's name, what they did, the admitting diagnosis, documentation of the satisfaction of the services and a representation of everything that they did with the patient at the request of a doctor. The City would be given a certain amount of time to review the reports, as would the County, to assure that it meets the standards and there were no questions. If questions did arise, notice would be given to the hospital and all parties would try to work them out. If this was not accomplished, there were provisions for arbitration and binding arbitration. The new corporation had to determine whether or not, or rather had to try to do the best they could to be sure an indigent patient was not covered by Medicare or Medicaid. The concern was that somebody would be classified as an indigent going against the 3% or 4% when they were eligible for Medicare or Medicaid, cutting down on available services for other people. 157 City of Denton City Council Minutes Meeting of June 19, 1986 Page Four The closing date of the transfer had not been set. At the actual closing, the City, the County and the existing hospital board would transfer title to everything they had. It was uncertain what exactly existed at the hospital. There were vehicles, equipment, land, buildings, etc., but whatever was there would be transferred "as is," with no warranties and no representations. This also was part of the Consideration. The not-for-profit corporation would be - assuming any liabilities that might exist. The transfer would be through a deed with certain restrictions. Restrictions would govern further transfer of the property subsequent to when the City and the County stepped out of the picture. The restrictions would say that the hospital cannot be transferred to a for-profit entity and, if transferred to a not-for-profit entity, that entity had to provide the services that are provided for in this particular document. There was an exception to enable the hospital to go ahead and finance. They probably would want to do mortgage revenue bonds. With restrictions in the transfer, this would be difficult to do. The proviso was that if they had to pledge a mortgage on the property and should it ever be foreclosed, those restrictions would no longer be in place. There were a number of representations and warranties throughout the agreement. The new corporation was representing and warranting that they were a non-profit corporation, they were going to stay that way, they were going to operate their business. The City was representing nothing. It was important that the new corporation represented that they had applied for 501(c)(3) status, the non-profit corporation status under the Federal Income Tax Code. - The corporation had also represented they would not discriminate against any patients on the basis of race, color, national origin or creed. Certain covenants were included regarding existing people, staff people working at the hospital. No one would lose their job merely because of the transfer. All benefits such as vacation time and sick leave, etc. would continue. The next part of the asset transfer agreement talked about the entity which would be running the hospital. There would be a Board of Trustees with 9 members serving 6 year staggered terms. Also, a Board of Advisors with 28 members serving 4 year terms. No person could serve on both boards simultaneously and members on the Board of Advisors could only serve one term~ There were provisions in the agreement regarding members of the Board of Trustees being involved in certain transactions. The by-laws of the corporation would contain a conflict of interest policy that prohibited the corporation from entering into contracts or engaging in any transactions relating to the sale of personal or real property or which involved any kind of commissions or brokers fees or finders fees with any member of the Board of Trustees, any relative of any such member, or any business entity of which any such member or combination of members owned 10% or more of the - equity interest of the business. There were certain restrictions regarding management contracts under Hill-Burton. His firm, as the City's outside counsel and the City Attorney, had been concerned about the Consideration question to a certain extent. If there was not valid Consideration, the transaction was null and void. There was also some questions regarding the title to the land under the original trust documents. Following the execution of the transfer agreement, a bond issue of $1,000 under the Health Facilities Development Corporation Act would be held for the new hospital. Under the provisions of the state code, a validation of that bond issue by a District Court could be 158 City of Denton City Council Minutes Meeting of June 19, 1986 Page Five requested. A judge would then make a determination as to these questions. If the entire transaction was affirmed, actual closing of the transaction and transfer of the property would be done to the new corporation. This would give all the parties involved some degree of confidence that the transaction was valid because as it had been upheld by a court. It would also make it easier in the future for the non-profit corporation to do financing. The affirmation of the transaction was a condition for the closing of the asset transfer. Also included were statements regarding no other court judgments or decrees prohibiting the transfer, the appointment of all the Trustees and Advisors, and the new corporation being qualified as a 501(c)(3). Another important issue was that there were several outstanding bond issues, totaling approximately $400,000. The new corporation had agreed to either get releases of the City and the County so that they would no longer be guarantors on the debt or to pay the bonds off in fl]ll. This went toward the Consideration question and removed the City from any kind of liability under that debt. The Council then reviewed the remaining major issues and considered their resolution. City Attorney Drayovitch reported that there were three issues listed on the memorandum. The Assumption of Liabilities portion was an ancillary issue relating to Consideration. As Mr. Petruska had noted, Eppler, Guerin and Turner had revised their original evaluation of the assets of the hospital from /$10,000,000 - $11,000,000/ down to $6,000,000 and it was upon this assumption that the City was proceeding in this fashion. One thing discussed in the declaratory judgment petition was the constitutional issue involving the fair market value of the hospital. Another related issue was the lending of credit which had been discussed with Council previously. It was hoped to obtain a validation. It was her understanding, and had been throughout the negotiations, that the hospital's attorneys felt very strongly that these constitutional issues are very minor, if at all applicable. The City had been advised that the County attorneys would take the forefront in filing the action and the City would support by joining in. With respect to the assumption of liability question, the City and County representatives had agreed to submit a draft and had approved a draft which provided that the City and County assume liability for malpractice claims which occurred up to the date of the sale, even though they may be filed many years hence. The hospital had presented a draft in which the City and County assumed all tort liability and, in fact, would credit any amounts to be paid for indigent care if they had to pay a judgment in this regard. The County deleted this language when they approved their agreement. There were three alternatives that staff would recommend; first would be to delete all the language in this regard and have the new corporation assume all liabilities; secondly, substitute, as the County did, language requiring the City to be an additional insured upon the hospital's insurance policies. It should be noted that any loss in excess of the policy limits would be borne by the County and the City. The third alternative was to accept the agreement as it was. Regarding Consideration, Mr. Petruska had pointed out that the County and Mr. Whitten, acting on behalf of the new Board of Directors of the Flow Regional Medical Center, had agreed to the funding of 4% of the net revenues, at such time as the gross revenues of the hospital reach $20,000,000 but not sooner than 24 months after the date of sale. With respect to this item, the City could agree with the County and hospital position or leave the wording as it is which presently required a transfer of 4% at such time as the revenues reach $20,000,000 gross. 159 City of Denton City Council Minutes Meeting of June 19, 1986 Page Six The third item had been a particular concern to the Council and was the provisions in the agreement regarding conflict of interest. The compromise proposed provided that "Where a member of the board has an interest of 10% or more equity interest in a business entity, or any combination of members of the board have such an interest, the Hospital Board will not be allowed to contract with that entity. If the amount involved, or the amount of equity interest, is less than 10%, the members who have such an equity interest, financial interest, shall abstain from voting." In other words if one member had 3%, another had 4% and another had 4%, that would be over the 10% limit. The hospital can still contract with such business firms. Mr. Whitten and the County had agreed to a provision which also prohibited any Board Member from, at any time, receiving any sales commissions, brokers commissions or finders fees. The alternatives presented involved the possible substitution of language similar to the City Charter. If there was a willful violation, and someone with a business interest did contract with the hospital, it would constitute a forfeiture of their office. This language would also apply to employees of the hospital, as a non-profit corporation. Presently the conflict of interest provisions only applied to Board Members. The second alternative was to accept the compromise proposed and the third alternative was to accept the compromise but send a strongly worded letter to the Hospital Board encouraging them to voluntarily adopt higher standards similar to the Charter provision. The County has amended the provision regarding, if the non-profit corporation were to dissolve, any assets would be returned to the City and the County. The County amendment further provided that the proceeds or returned assets, must be used for purposes consistent with the Flow will; i.e., funding health care. There was also a provision in the latest draft of the agreement that the City would have a choice of whether or not to use DRG rates or a fixed percentage discount with respect to the services it received. As the provision was currently worded, the County would make that determination. The Mayor then asked if any Council Member had a question regarding the presentations. Council Member Riddlesperger asked if the proposed agreement included a statement to the effect that nothing in the agreement would implicate or imply that the City had any responsibility for indigent care. Drayovitch read the following statement from the proposed asset transfer agreement: "Nothing in this agreement shall be deemed to constitute an admission by the City that it has any obligation to provide hospital or other health care services or funding therefore to residents of the City or the County". The parties had agreed to include that; however, the attorneys for the County had requested a further statement that: "Nothing in this agreement shall be deemed to constitute an admission by the County that the City does not have any obligation to provide hospital or other health care services or funding therefore to residents of the City or the County. It is the intention of the City and the County that any legal questions regarding the existence and extent of the City's responsibility, if any, for indigent health care are not addressed by this contract." Council Member Chew asked to have the attorney address the conflict of interest language again for edification. Drayovitch reported that, as presently written the new corporation was required to enact and keep in effect and force, by-laws which would contain a conflict of interest policy prohibiting the new corporation from contracting with any business entity in which a member of the Board, a relative of a member of the Board, or any combination of members of the board, had an equity interest of 10% or more. This would also prohibit any Board Member from receiving 160 City of Denton City Council Minutes Meeting of June 19, 1986 Page Seven any sales commissions, brokers commissions or finders fees. If the interest owned in total by the Board Members or their relatives was less than 10%, the hospital could contract with that business so long as the interested Board Members abstained from voting in the matter. The alternatives were to delete that language and substitute language similar to that of the City Charter. Charter provisions were that no Board Member shall have any interest, financial interest, direct or indirect, in any contract with the corporation or be financially interested, directly or indirectly, in the sale to the corporation of any land, materials, supplies or services except on behalf of the corporation as a Board Member, officer or employee. In any violation of this provision with knowledge, express or implied, shall constitute a forfeiture of office or position of the officer. Drayovitch stated that she had included officer or employee of the hospital since that was what the Charter included. The second alternative was to accept the compromise previously discussed and the final alternative was to accept a compromise but send a strongly worded letter that encouraged the Hospital Board to voluntarily adopt higher standards similar to the City Charter. A fourth alternative would be to reduce the 10% equity interest allowed to 5%. Council Member McAdams asked if there had been some objection to including employees or had this ever been discussed. Drayovitch reported that it had not been discussed. She had added that portion as it was patterned on the Charter. The City Charter applied to all who worked for the City, whether they received pay or not. Council Member McAdams asked if there would be any objection to including employees along with Board Members. Drayovitch reported that this alternative language had not been submitted to either the County or the Hospital. Linda Aaker, an attorney with Bickerstaff, Heath and Smiley representing the County, stated that the current language in the agreement was based on Article 2529C, a statute that governed how public entities deposited their money into public depositories. The language itself was a compromise from a less stringent standard which was the one applicable, generally, to government officials. No discussion regarding including employees had been held with her client. She was not familiar with very many corporations that extend it that far. Normally, the Board of Directors make the decisions and contracts that would result in conflict of interest problems. She did not know if it was normal procedure to check every employee for a conflict. She did not know what the County's position would be. Generally, the County was satisfied with this language, but were supportive of the City's efforts to strengthen it. Council Member Hopkins stated that she saw no reason to include the employees. She felt it would be an undue hardship to enforce. Mayor Stephens stated that the rationale behind including hospital employees was to exclude their selling to the hospital or accepting any renumeration from any company that does business with the hospital. Council Member Hopkins stated that she still felt it would be too hard to police. Mayor Stephens asked if this provision included down to the second and third degree of affirmity and consanguinity or just the employee? Debra Drayovitch responded that the provision did not address relatives. How that would come up would be in those indirect financial interest and that meant each situation would have to be evaluated on a case by case basis to determine if there's a direct or indirect financial interest. 161 City of Denton City Council Minutes Meeting of June 19, 1986 Page Eight Council Member Alexander stated that he hoped to have an opportunity to make a motion and discuss the issues. His reaction and observation was that a reasonable compromise has been struck and that the issues that were raised had been reasonably addressed. It was appropriate for the Council to move forward with the agreement as it stood. - Council Member McAdams stated that she was not clear why employees should be excluded. If the Council was going to accept the conflict of interest clause as written, she would certainly like the letter sent requesting stronger conflict of interest policies because, as a public entity, she wanted the hospital to be as free as possible of these types of problems. She was somewhat confused about the Consideration where it stated a "County/Hospital" position and then a "County and the new Corporation" position. This suggested that the County had two positions. Aaker responded that the County had one position and the County and the new Corporation had come to an agreement regarding Consideration. What had happened was the County and the Corporation had come up with compromise language which would allow the movement to 4% after a 24 month or, roughly two year, grace period to allow the hospital to get on it's feet. The City was being offered the alternative of agreeing with the position of the County and the new Corporation or leaving the wording as was. As is, it required that you had to move to a 4% Consideration figure as soon as the hospital hit $20,000,000. The hospital would hit a gross revenue of ~20,000,000 probably next year which would have bumped them to a 4% return immediately. The hospital's position was that they needed more time during which to get the hospital back on it's feet so the compromise position was reached to allow the 4% instead of kicking in automatically when they reached $20,000,000 of gross revenues; to kick in at ~20,000,000 starting October 1, 1988 which allowed them extra time to get their programs going. Council Member McAdams stated that she wanted to be clear on this issue because she remembered that initial discussions were based on gross. Aaker replied that this was now net revenues, but at least two years away. The 3% and 4% figures are 3% or 4% of the net patient service revenues - the net patient service revenues minus the charity allowances, doubtful accounts and Medicare and Medicaid reimbursement numbers. When the 3% went to 4% was based on the gross revenues that the hospital made. You always took 3% or 4% of the net revenue number but the time when you took that 3% or 4% was based on what the gross revenues reached. Now, the hospital's gross revenues were about $19,000,000, so you took 3% of the net revenues once you subtracted the things from the $19,000,000. Next year they felt the hospital would have a gross revenue of $20,000,000 which ordinarily would kick in the 4%. You would take $20,000,000 back off, get back down to the net and take 4% of that and that would be your indigent care. However, there would be a grace period of until October 1, 1988 until the 4% number kicked in. council Member McAdams stated that she would like for the City Attorney to address the question of liability. Debra Drayovitch, City Attorney, stated that Alternative #1 would be the most advantageous for the City and Alternative #2 would be the next best. Aaker stated liabilities would be subject to the Torts Claim Act. Council Member McAdams stated that that she did not like it and asked if there were any time frames referenced. Aaker reported that the way she understood this was that anything that occurred prior to the time that the transaction took place were 162 City of Denton City Council Minutes Meeting of June 19, 1986 Page Nine the only ones addressed here. If there had been an accident or a case of malpractice that a claim had been asserted, the Hospital would take. over the liability. However, if there were an unfiled claim that. arose two years during the time that the City and the County were, in effect, the owners of the Hospital, the liability would run with the City and the County. The insurance policies that the Hospital had would add the City and the County as insurers so that both would continue their insurance. The City and the County would then be able to get insurance for those accidents that could had occurred during that time period. The problem with the foreverness of it is it only applied to things that had occurred before the time that the transfer actually takes place. David Petruska stated that it would be a pragmatic matter. The maximum amount of time for this liability would probably be 20 years. Lloyd Harrell, City Manager, stated for clarification that what he heard the attorneys saying was that if there was a malpractice claim that was known at this time, it had already been filed and that the new corporation would be responsible for those claims. It was only something that no one knew about that might be claimed later where the City had this unknown liability. Mayor Stephens stated that the City was going to have that same concern whether the assets were transferred or not. Council Member McAdams asked if there was some implication more in this statement than the present situation that by saying "City/County" meant a 50, 50 bearing of that responsibility. Drayovitch asked if Council Member McAdams meant the assumption of liabilities. Petruska responded that he did not think there was any 50/50. On liabilities a person could sue the City alone or sue the County alone or sue both. Council Member McAdams asked if language was in anyway suggestive of City liability. Petruska responded that that was not the intent. Council Member McAdams stated that the Council had talked about language that would say it would be borne by the County and City. Drayovitch stated that long discussions had been held as to whether or not to provide that the City and County automatically be notified if any claims are filed. Various forms of language were drafted. It was finally decided that the was to just provide the wording presently in the agreement. Staff would recommend to add language that the new corporation would take appropriate action to cause transferrors, i.e., the City and the County and the Hospital Board be named as additional insureds on any liability or malpractice insurance policies existing now or hereafter. In other words, it would become a covenant running with the contract and not kept, ten years from now the City could sue for specific performance. Petruska stated that if, for some reason a court were to say all three of you ran the hospital, and found a verdict of $300,000 against the City, $300,000 against the County, and ~300,000 against the new corporation, if the City was not on the insurance policy and the new corporation was, they would be covered. Their $300,000 would come out of the $1,000,000 policy. If the City was not on the policy, they would not be covered. Council Member McAdams stated that she felt it absolutely imperative to have this provision in the agreement. 163 City of Denton City Council Minutes Meeting of June 19, 1986 Page Ten Council Member Alexander stated that his assumption was that the County and City had been generally regarded as co-owners of the Hospital for years past. There was nothing here that would change in this wording anything relating to the co-ownership of the Hospital at this point. Petruska responded there was nothing that would add to the liability of City or the County that he could see. Council Member Alexander stated that this had nothing to do with the question about who was or who was not responsible for indigent care. Petruska replied no. Mayor Stephens stated that he did not understand regarding the terms for members of the Board of Trustees. He did not see anything concerning staggered terms. Were there indeed staggered terms for the Board of Trustees and was this self perpetuating? Could they serve as long as they were reappointed, or did their time have to phase off? Petruska responded that under 4.6A of the asset transfer agreement, the Board of Trustee members would at least serve six year terms which be staggered so that three member's terms expire every two years. Initial appointment will be for two, four, and six year terms, so that those people who were appointed by the City and the County initially would be appointed for two years, some of them for four years, and some for six years. There was no prohibitive language saying that they could not succeed themselves. In theory, when the terms for the members who were appointed for two years were up, the other members could reappoint them for full six year terms. Mayor Stephens asked if this would be done by the Board of Advisors. Petruska replied yes. This procedure was not the same for the Board of Advisors. They also were staggered terms of one, two, three and four year terms, but there was specific language saying that they would not be permitted to serve successive terms. They could be on the board, go off, and then come back on, but they could not be on in succeeding terms. Mayor Stephens asked why particular limitation on terms was not imposed. Petruska replied that it was his understanding that this language followed part of the Blue Ribbon Commission's recommendation. Council Member Riddlesperger stated that this had not been discussed by the Blue Ribbon Committee. Drayovitch reported that it was in the final report. Council Member Riddlesperger stated that this had generally been left up to the Board of Advisors. Drayovitch stated that in the documents from which Mr. Butterfield had drafted the initial agreement, there was a recommendation that the Board of Advisors not succeed themselves. Petruska stated that there was a certain amount of logic to it for the simple reason that the Board of Advisors are the ones that appoint the people to vote. So, if in fact the Board of Trustees appointed themselves upon termination, then one could argue that you need to make sure that they cannot keep themselves in power from now until 1999. Probably that feeling was, that since the Board of Trustees is appointed by the Board of Advisors, and do not control their own appointments, if 28 people get together'and decide these people do a good job and should be kept on for another term, then 164 City of Denton City Council Minutes Meeting of June 19, 1986 Page Eleven that would be acceptable. But then the governing factor was put in of not allowing the Board of Advisors to keep reappointing them- selves for ever and ever. It was kind of consistent. Council Member McAdams stated that, as she understood it, was it possible to hold a position until you were reappointed by bouncing from the Board of Trustees to the Board of Advisors and back again. Petruska stated that there was nothing that prohibited somebody from coming off of the Board of Trustees and going back to the Board of Advisors. The agreement simply said that the Trustees could not have successive terms. Mayor Stephens stated that he did not think this was necessarily a model agreement, but it seemed to be the only acceptable solution to retaining a community based, not for profit health care center which the Council had agreed upon. He would particularly like to call attention to the conflict of interest with the substitute language, similar to the City Charter, which seemed to fit the whole purpose of keeping this a public corporation. He felt the purposes probably would be better served by the substitute language based on the Charter. Council Member Chew thanked the committee for a fine job. He wanted to see alternative ~3 on the conflict of interest discussed further. Mayor Stephens asked if the Council should consider issue by issue and vote on them individually and then go back and look at the entire asset transfer. Council Member Alexander stated that the Council had before them the agreement which had already been approved by the County. The following ordinance was presented: NO. 86-120 AN ORDINANCE AUTHORIZING ENTRY INTO AGREEMENT WITH THE COUNTY OF DENTON, THE FLOW MEMORIAL HOSPITAL BOARD OF DIRECTORS, AND FLOW REGIONAL MEDICAL CENTER FOR THE TRANSFER OF ASSETS OF FLOW MEMORIAL HOSPITAL. Riddlesperger motion, Chew second to adopt the plan as presented by the County. Council Member McAdams asked if that meant that the language in Section 2 requiring additional insurance for the part of the City, along with the new 4% languages, was already a part of the agreement and need not be an amendment. Drayovitch responded that with respect to the Consideration issue, it was. With respect to the second issue, which had been discussed Monday afternoon with Mr. Whitten and Mr. Heath and herself, it was not incorporated in the agreement at this point in time, but rather hand written. Council Member McAdams asked if it was not part of what the County had approved? Aaker responded that the County had approved the agreement in principle. The agreed afterward with Mr. Whitten that that language would be put in there. Even though it was not physically in the document, it certainly was the intent of the County that that language be in. Drayovitch reported that the parties had agreed. Council Member McAdams then asked if, in order to be correct in the motion, should the motion be amended to include this. 165 City of Denton City Council Minutes Meeting of June 19, 1986 Page Twelve Drayovitch responded yes. Mr. Mike Whitten, President of the Flow Regional Medical Center, the non-profit corporation and also member of the present Flow Board, stated that there was agreement on those changes in the language. It was his understanding that when the County had voted on it that they understood that that was going to go in. Mayor Stephens asked, for the record, if the County's attorney would affirm Mr. Whitten's statement. Aaker responded yes; that was correct. Council Member Riddlesperger stated that his motion would include these concepts. Council Member Chew motion, Alexander second to amend the motion to amend C.a.2 to require the City to be additionally insured, on the Consideration, agree with the County/Hospital position, 4% of gross, and on the conflict of interest, the County had a compromise in here, that would be C.2, under the County's agreement. He would prefer to see C.3 - "Accept compromise, but send a strongly worded letter that encouraged the Hospital Board to voluntary adopt a higher standard similar to the City" but he could not include that in this motion. Mayor Stephens asked for clarification on the motion. Charlotte Allen, City Secretary, reported that Council Member Chew's motion was to amend the main motion to include, under Assumption of Liability, Alternative 2, under Considerations, Alternative 1, under Conflict of Interest, Alternative 2. Drayovitch reported that this would result in one change to the agreement. Council Member Riddlesperger stated that the Council was simply accepting what the County had. Council Member Alexander stated that this was an amendment, but it does not change the initial intent of the motion that Council Member Riddlesperger had made, but was simply clarifying through means of the amendment process. Amendment to the main motion carried unanimously. Drayovitch stated that it would be appropriate to have a motion to approve execution of the agreement, contingent upon the sending of the letter. McAdams motion, Chew second to further amend the motion to include the sending of a letter asking the Hospital or encouraging the Hospital Board to voluntarily accept very high standards for conflict of interest similar to those contained in the City Charter. Council Member Riddlesperger stated that he did not see that that as a pertinent part of the agreement. Council Member McAdams stated that it was a suggestion to them. It was important from her perspective to at least have them know how the Council felt and ask them to look at it. Council Member Alexander stated that he felt this was a reasonable position for the Council to adopt. They were, by approving this amended motion, accepting the agreement in principal with the changes that were made during the County's consideration and expressing themselves in a very clear fashion as to the Council's expectations of the way that the Hospital Board would conduct its business. 166 City of Denton City Council Minutes Meeting of June 19, 1986 Page Thirteen Mayor Stephens asked if there could be a substitute motion for an amendment. Council Member Riddlesperger stated that a member of the body could make a substitute motion. Chew motion of substitute C.2 for C.3 under the conflict of interest provisions. The motion died for lack of a second. Allen repo~ted that Ms. McAdams motion was to send the letter to the hospital; motion seconded by Council Member Chew. Motion to send the letter to the hospital regarding conflict of interest carried unanimously. Council Member Alford called the question on the main motion. Council Member McAdams stated that this was a momentous occasion. "We are in effect plowing new ground in this kind of an agreement rather a transfer, rather than a lease as we had originally discussed. I think we're all doing this with a great deal of hope and prayer that this is going to work and provide a public Hospital for us. I think we're all very cognizant of the fact that, and with some trepidation, that we are transferring a major public asset to a corporation and that the public will not have the means of recovering that asset, so that we're doing this with a good deal of faith and hope that it will work out from that point of view. It is a Board that will take care of itself. The public will not have access in terms on voting on those people, so it will be well insulated in a way. The will have an opportunity in many ways to either provide for the health care of the people of the County or not do it. So it is, it is a, it's a great burden as well as it seems to me to be a significant challenge and all we can go forth on tonight as we take this action I think is the faith that, that given the directions that we've given with the County in the agreement that, that this will turn out for the good for all the citizens of Denton and I truly hope that will be the case." On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then reconvened int. o the Executive Session to discuss real estate and personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. R~YOR CHARLOTTE ALLEN, CITY S~CRETARY 0279o 167 Council Minutes June 26, 1986 The Council convened special called meeting at 6:30 p.m. in the City Manager's conference room. PRESENT: Mayor Stephens; Mayor Pro Tem Alfiord; Council Members Alexander, Chew, Hopkins, and McAdgms ABSENT: Council Member Riddlesperger wasI out of town at a Kiwanis conference 1. The Council convened into the Executivle Session to discuss -- personnel/board appointments under Sec. 2(g), Art 6252-17 V.A.T.S. The following official action on this ExecutiVe Session item was taken. McAdams motion, Chew second to approve the following board appointments: AIRPORT ADVISORY BOARD David Arno John R. Carrell Don Williams Don Smith BOARD OF ADJUSTMENT Frances LaForte Jerry Stephens Quinby Self (ALT) BUILDING CODE BOARD Edgar Barnes Robert Courtney Alfred "Bud" Green Ed Stout (ALT) CABLE TV ADVISORY BOARD Joseph Fearing Charlie McNeill G. L. Seligmann CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION Wayne Autrey Gilbert Bernstein Mike Amador Gene Gohlke COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE Dante Ferrara Don Chipman Sibyl Evans Rosemary Rodriguez Jo Luker DATA PROCESSING ADVISORY BOARD Dale Maddry Ronald G. McDade Jim Kuykendall Lee Bossert ELECTRICAL CODE BOARD Clyde McWilliams Jane McBride Brad Carrell Marion Johnson 168 City of Denton City Council Minutes Meeting of June 26, 1986 Page Two HISTORIC LANDMARK COMMISSION Randall Boyd Bullitt Lowry Tom Miller HUMAN RESOURCES ADVISORY COMMITTEE Linda Brock Trudy Foster Dorothy Damico Hector Medina Myra Crownover Rudy Rodriguez LIBRARY BOARD David Speck Rodney J. Hutton Margaret Chrisman Dorothy Adkins Jean Glasgow PARKS AND RECREATION BOARD Gary Kirchoff Catherine Bell PLANNING AND ZONING COMMISSION Bill Claiborne Ruby Cole William Kamman Ivan Glasscock Judd Holt PLUMBING AND MECHANICAL CODE BOARD Jerry Jones Paul Williams Pete Work PUBLIC UTILITIES BOARD Roland Laney Appointments to the Denton Housing Authority are made by the Mayor. The following appointments were made: DENTON HOUSING AUTHORITY Tom E. Harris Charles Glasgow Motion to approve the board/commission appointments carried unanimously. Hopkins motion, Alexander second to nominate Mayor Pro Tem Alford to the North Central Texas Council of Government's Regional Transportation Council. Motion carried unanimously. With no further items of business, the meeting was adjourned. CHARLOTT~ ALLEN, CITY SECRETARY 0280o 171 City Council Minutes July 1, 1986 The Council convened into the Work Session at 5:00 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alfor~; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney, City Secretary ABSENT: None 1. The Council convened into the Executive Session to discuss an appointment to the Texas Municipal Power Agency Board of Directors. 2. Executive Session The Council convened into the Executive Session to discuss an appointment to the Texas Municipal Power Agency Board of Directors. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alfor~; Council Members Alexander, Chew, Hopkins, McAdams andlRiddlesperger City Manager, City Attorney, Assistant City Manager ABSENT: None 1. The Council considered approval of the Minutes of the Regular Meeting of June 3, 1986. : McAdams motion, Chew second to approve the Minu:es as presented. Motion carried unanimously. ' 2. The Council was to receive an appearance iby Mr. Carl Young requesting approval for an extension of the par!k curfew and the curfew for sound amplified equipment until 12:00i midnight at Fred Moore Park on July 4 and 5, 1986. : This item was removed from the agenda by the petitioner, Mr. Carl Young. 3. Public Hearings A. The Council held a public hearing oD the petition of Aha Rocco Pena requesting an amendment to an existing 14.057 acre planned development located on the east side of R~ney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection ,)f Riney Road and Windsor Drive. The current planned development permits the development of thirty-one (31) single family dwellings and one retirement/recovery center. The proposed amendmen! would permit the development of a church on a 5.8 acre portion of the single family site. Z-1798 The Mayor opened the public hearing. Mr. Greg Edwards, Metroplex Engineering representi~Lg Ms. Pena, spoke in favor stating that the change in the site ~lan was the area designated on the overhead projection as churc~ use This was designated as a single family area with approximgtely ~,000 square foot lots on the earlier planned development. ~nder the present zoning ordinance, had the property been zoned ~F-16, the church could have purchased the property, .not filed $ site plan, not restricted the area of the use, not provided large amounts of open space and would not have to come before the Council. As the property was zoned planned development, these proposed changes did have to come back before the Council. Seve]:al options were 172 City oK Denton City Council Minutes Meeting oK July 1, 1986 Page Two available b%~t this particular one gave the City the most control. Discussions had been held with the neighbors and his firm and client had tried to address their concerns. He felt this plan addressed and continued to address a lot of the concerns that were made in the initial planned development. The people on Riney Road had expressed concern about the fast traffic on Riney Road. He felt that this amendment to the planned development would improve the traffic situation in the immediate area of Riney Road. Another concern was the drainage. The initial proposal with the single family development would reduce the drainage problem by 10%. This proposal would reduce the problem by 20%. A church did have a contract to purchase the property and would be responsible for the various improvements. Mr. Edwards summarized by stating that he felt this would be an asset to the community. Ms. Aha Rocco Pena, the petitioner, spoke in favor stating that since the original planned development was approved in May, she had been through a hard time. The value of the single family property had declined[ and she was unable to sell 22 of the lots. Staff had requested land to use in back of the proposed nursing home for a retention pond. The Seventh Day Adventist Church has purchased 7 acres for a future church site contingent upon the approval of this zoning petition. The church would be located next to the proposed nursing home and would not disturb the Northridge neighborhood. There had been some small confusion with Mr. Dane regarding a drainage plan. Mr. Dane was requesting a statement in writing that his plan for the drainage would be used and she felt the engineering plan should be used. Council Member Chew asked if the purchase of the property was contingent upon the approval of this zoning amendment to the original planned development. Ms. Pena responded yes. Mr. Bill Weist, representing the governing body of the Seventh Day Adventist Church, spoke in favor stating that his church held title to the property subject to this zoning. They were aware of the concerns and objections which has been raised and would willingly meet and work with the neighbors to solve any problems. The church was in need of a location for a new facility. Funds were available for the construction and he felt the church would compliment the YMCA, park area and residential uses in place. Council Member McAdams asked Mr. Weist why the church felt they needed to move. Weist responded that the current location was in a very highly commercialized area. Traffic was a problem plus the property was quite valuable and it was better to sell the lot and relocate the church facility to a less commercial area. Council Member McAdams stated that the neighbors had been very concerned and had not had an opportunity to speak with representatives from the church. Mr. Cordray, 1509 Riney Road, spoke in favor stating that his concern was the street and something must be done on Riney Road due to the YMCA and other developments. He felt this amendment would be an improvement. Mr. Paul Jones, 1409 Windsor, speaking for the Knights of Columbus, stated that he did not know if he was in favor or in opposition but rather was opposed to the planned development as approved in May. The concern was regarding the closing and cul-de-sac on Riney Road. The Knights of Columbus did not know of the petition as they are located more than 200 feet away from the zoning area. There was a dangerous curve on Riney Road leading to the Knights of Columbus hall and he felt the original planned development petition affected the traffic going to the hall. 173 City o~ Denton City Council Minutes Meeting o~ July 1, 1986 Page Three Ms, Eileen Lockhart, Northridge, spoke in opposition stating that when she built her home in this area, it was with the intention of locating in a single family, well maintained area. She was now concerned about various intrusions into the neighborhood, traffic problems and water hazards. The neighborhood was in the midst of institutionalization with 11 churches and this was a proposal for yet another. The original planned development was to have single family dwellings. The neighbors had met with Ms. Pena and had finally agreed to the proposed nursing home. In addition to the proposed nursing home by Ms. Pena, there were 3' other nursing homes, a nutrition center, a day care center on Mingo Road, Evers Park, North Lakes, Evers School, the YMCA and the Optimist Gym in the area. These facilities all created traffic problems. The land had been badly disturbed by the widening of Windsor Drive and the neighbors wanted something in writing about the proposed drainage plan for this new amendment to the planned development. Mr. Ralph Morrison, Northridge, spoke in opposition stating that the neighborhood had been wrestling with this problem for 3 years. Representatives had met with Ms. Pena, without Ms. Pena, with the Planning and Zoning Commission and with the City Council. One primary concern was drainage. As of this date, they had not seen the proposed development plan in its entirety and were concerned regarding future changes. The neighbors were also concerned about the church as representatives from the church had not met with them. They had no assurance that the church would actually be built or if yet another amendment to the original planned development would be requested. Council Member McAdams asked if the neighbors could receive assurances that an ordinary church would be built, would there still be objections to the number of institutions in the area. Morrison responded yes. Mr. Donald Dares, 616 Northridge, spoke in opposition stated that his primary concernwas the water run off. Council Member McAdams left the meeting. The Mayor allowed the petitioner 5 minutes for rebuttal. Mr. Greg Edwards, Metroplex Engineering, spoke in rebuttal stating that there had been mixed responses in favor and in opposition to the church building. Also, regarding the change in Riney Road, this alignment had been approved to improve the safety. The proposal did meet the intensity standards as set by the City. Council Member McAdams joined the meeting. Edwards further stated that, if the developer could not meet standards on the drainage plan, it would not be approved by the City. An additional condition to the planned development had been added to take care of Mr. Dane's concerns regarding drainage. The developer had agreed to conditions to protect the neighborhood and the community. The Mayor closed the public hearing. Denise spivey, Urban Planner, reported that 26 reply forms had been mailed with 1 returned in favor and 4 returned in opposition. In the analysis of the proposal, the one important factor was the intensity. This proposed amendment would replace 22 single family lots with the church facility. This did not violate the City intensity standard. Staff did have a question regarding Riney Road in that the original planned development as approved in May contained a condition for dedication of right-of-way and a cul-de-sac. The concern was that 174 City o~ Denton City Council Minutes Meeting o£ July 1, 1986 Page Four these conditions would not be included in the amendment request. Regarding drainage, there was a condition in this proposal as well as in the original planned development that drainage would not be allowed to flow across the north line of the Dane property. These problems were normally handled during the platting process and any drainage plan would have to comply with the City standards. The neighbors had expressed concern about what would happen on the remaining property. All changes to the original planned development would have to go back through the Planning and Zoning Commission and the City Council. Ms. Spivey concluded by stating that she had no knowledge of any future plans. The ordinance before the City Council at this time was for the church only. Council Member McAdams asked if the original planned development as approved was for 31 single family lots and would this amendment take 22 of those lots. Spivey respomded yes. Council Member Alexander asked if, since this would double the intensity of the area, would it still be permissible due to the vacant areas. Spivey responded yes. Council Member Alexander stated that it appeared that any future development on the vacant property would put the area over the intensity standard. Council Member Hopkins asked staff to show the relationship between the Northridge addition and this development on the overhead projection. Council Member McAdams stated that her concern was that the zoning and development of this area had gone on for a long time. A plan had finally been agreed upon, which was the plan in the current planned development. Now there was a consideration of going ~rom 31 single family sites to 9. The original plan was being chipped away by one amendment after another. She was also concerned about the fact that the people in the neighborhood had not had contact with the church, other than through Ms. Pena. While the church should have been actively participating in these discussion, she could understand the reluctance on the part of the neighborhood. Council Member Riddlesperger stated that he remembered that the Council did practically promise the residents of Northridge to keep the area single family. He was disturbed to see so many institutions in the area. Council Member Alexander stated that if the church was approved and was established, it would be difficult for the Planning and Zoning Commission and/or City Council to reCuse a child care center, etc. in the future. Mayor Stephens asked staff to explain why the plan for realignment of Riney Road had been chosen. Rick Svehla, Assistant City Manager, stated that it would allow better sight distances with the "T" intersection. Mayor Stephe]ls asked if the renaming of the road was not an issue here. Svehla responded that was correct. Council Member McAdams stated that the Council must be aware that only a small portion of this parcel would be used for the church. This might suggest future changes to the planned development. She felt the neighborhood had a right to know exactly what to expect. 175 City o~ Denton City Council Minutes Meeting o~ July 1. 1986 Page Five McAdams motion, Alexander second to deny the proposed ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "nay," Alford "aye," Riddlesperger "aye," Chew "aye," and, Mayor Stephens "aye." Motion carried 6 to 1 with Council Member Hopkins casting the "nay" vote. B. The Council held a public hearing on the petition of Edward Podoba, Janusz Podoba, and Elizabeth Podoba requesting approval of a site plan for a 2.8 acre tract located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. The property is more particularly described as Unit One, Block One, of the Denton North Addition. The property is zoned planned development (PD-8) for general retail land use. If approved, the site plan will permit the development of a 25,100 square foot retail center. Z-1802 The Mayor opened the public hearing. Mr. Edward Podoba, the petitioner, spoke in favor stating that this would be a 25,000 to 26,000 square feet facility and would be developed in three phases. The first to be developed would be the largest and it was possible that the second and third phase would be developed simultaneously. The developers wanted the project to blend into the community and the plan included well executed landscaping. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that this was a 3.0 acre tract requested for planned development zoning. The general concept had been approved and the petitioners were requesting specific plan approval via this ordinance. Mayor Stephens'asked regarding the curb cuts. Spivey responded that the developers were proposing 2 curb cuts on Highway 77. Assuming the proposed land use with gasoline pumps was approved, 2 curb cuts would be needed. If the gasoline pumps were deleted, only 1 curb cut would be necessary. The petitioners were also requesting 2 curb cuts on Fallmeadow, which was' a/ residential area. Staff was recommending that 1 of these be removed, The corner clearance was adequate to meet the subdivision rules and regulations and staff felt 1 curb cut would be enough, Council Member McAdams asked the petitioner why he felt he needed the 2 curb cuts on Fallmeadow. Podoba responded for safety and traffic reasons. One of the cuts would be used for delivery access. Signs would be posted at the regular entrance and exit. This did comply with all the the City rules and regulations. Rick Svehla, Assistant City Manager, reported that the Planning and Zoning Commission had recommended the 2 curb cuts on Highway 77 due to the gasoline pumps. This was done to facilitate maneuverability around the pumps. However, Fallmeadow was a residential area and staff was recommending only the north curb cut for delivery only, 1. The Council considered adoption of an ordinance approving a site plan for a 2.8 acre tract located at the northeast corner of U.S. Highway 77 and Fallmeadow Street. The following ordinance was presented: 1 '7 6 City ot Denton City Council Minutes Meeting of July l, 1986 Page S ix NO. 86-121 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT DETAILED PLAN FOR 2.8 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 77 AND FALLMEADOW STREET: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance with one curb cut on Fallmeadow. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. Petition of A. Ben Pinnell, Jr. requesting a change in zoning from the agricultural (A) district to the light industrial (LI) district on 11.437 acres and the removal of specific use permit (S-173) on 'the remainder of the 29.62 acre tract. The property is located east of Mayhill Road and north of Foster Road and is shown in the Gideon Walker Survey, Abstract 1330. If approved, the property may be utilized for any purpose permitted in the light industrial (LI) district by the City of Denton Zoning Ordinance. Z-1804 The Mayor opened the public hearing. Mr. Ben Pinnell, the petitioner, spoke in favor stating that he had concluded a land exchange with the City and had discovered that the property was zoned for a wastewater treatment plant. He was asking for rezoning. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this property was the site of a land trade and had a specific use permit in place to overlay light industrial zoning. Mr. Pinnell was requesting light industrial zoning on the entire parcel. This did not violate any Denton Development Guide policies and the Planning and Zoning Commission had recommended approval. The following ordinance was presented: NO. 86-122 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 11.437 ACRES OF LAND OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. l. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) district to the light industrial (LI) district on 11.437 acres and the removal of specific use permit (S-173) on the remainder of the 29.62 acre tract located east of Mayhill Road and north of Foster Road. 177 City o~ Denton City Council Minutes Meeting o~ July 1, 1986 Page Seven D. The Council held a public hearing on the petition of Jay Balentine requesting a change in zoning from the planned development district (PD-60) to the single family (SF-7) district, The property is located east of Audra Lane and north of Paisley Street and more fully described as Lot 22, Block B, Lee Meadows Addition, Section I. If approved, the property may be utilized for any purpose permitted in the single family (SF-7) district by -the City of Denton Zoning Ordinance. Z-1811 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, spoke in' favor stating that this request was for that portion of planned development (PD-60) which was set as a green belt and his client was asking for single family (SF-7) zoning in order to request a day care center. This area had been designated for a private park but this could not be used. The Parks Department could not use the area for a City park. This rezoning had to be accomplished first prior to requesting the day care center use. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a portion of PD-60 The ordinance stated that there must be a homeowner's association to maintain the park but this was unworkable. Three reply forms had been mailed with one returned in favor and zero returned in opposition. The following ordinance was presented: NO. 86-123 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 22, BLOCK B OF THE LEE MEADOWS ADDITION, SECTION I; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY: PROVIDING FOR' A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE: AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council held a public hearing on the petition of Amos Schwartz Construction Company, Inc. requesting an amendment to a planned development (PD-60). The property is located east of Audra Lane and north of Paisley Street and is more fully described as Lee Meadows Addition, Sections I and II. If the amendment is approved, the following changes will be made: Front Yard Setback - 25 feet Rear Yard Setback - 30 feet Side Yard Setback - Minimum of 6 feet Side Yard Setback - Minimum of 1 foot Minimum Separation Between Structures - 7 feet Eliminate Private Park Requirements Z-1805 The Mayor opened the public hearing. 178 City of Denton City Council Minutes Meeting of July 1, 1986 Page Eight Mi, B~ian Burke° Burke Engineering, spoke in favor stating that the the intent of the request was to define exactly where buildings could be located on the lot in the existing planned development. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the original ordinance had bee~ vague and a problem had arisen when the construction company had requested building permits. The project was currently under construction. There had been 17 :eply forms mailed with l returned in favor. The Council considemed adoption of an o~dinance app£oving an amendment to a planned development (PD-60). (Z-1805) The following o~dinance was presented: NO. 86-124 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, AS AMENDED, AND AS SAID MAP APPLIES TO APPROXIMATELY 13.4 ACRES OF LAND LOCATED EAST OF AUDRA LANE AND NORTH OF PAISLEY STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE AMENDMENT OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 83-78 BY REDUCING THE ACREAGE INCLUDED THEREIN: AMENDING THE CONDITIONS APPLICABLE TO SAID DISTRICT, APPROVING A REVISED DETAILED PLAN FOR SAID DISTRICT: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion° Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlespe~ger "aye," Chew "aye," and Mayo£ Stephens "aye." Motion carried unanimously. F. The Council held a public hearing on the petition of Jay Balentine requesting a specific use permit for a day care cente~. The property is located east of Audra Lane and north of Paisley Street and more fully described as Lot 22, Block B, Lee Meadows Addition, Section I. If approved, the specific use permit would allow the operation of a day care center in a single family (SF-7) zoned area. S-190 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, spoke in favor stating that the property was located near the Robert E. Lee Elementary School. The petitioner felt a day care center in this area would be an asset. No one spoke in opposition.' The Mayor closed the public hearing. Denise Spivey, Urban Planner, ~epo~ted that 3 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. This had been a complicated ~equest intertwined with the two previous requests. Staff felt day care center use was reasonable and logical due to the location near a residential area; however, this should be closely controlled. Five criteria must be met. The a~ea was 51% under standard by current use but 2% over standard by current zoning. The petitioner had lowered the number of children to be kept in the day care center from 100 to 40. 179 City of Denton City Council Minutes Meeting of July 1, 1986 Page Nine 1, The Council was to have considered adoption of an ordinance approving a specific use permit for a day care center on Lot 22, Block B, Lee Meadows Addition, Section I. Debra Drayovitch, City Attorney, reported that this ordinance would have to be considered at a future Council meeting so proper legal notification could be given. McAdams motion, Chew second to approve the ]ceguest and to direct staff to bring the ordinance back to Council on July 15. Motion carried unanimously. G. The Council held a public hearii~g on the petition of Hammett & Nash, Inc., representing Leon Kimes, requesting a change in zoning from the agricultural (A) classification to the light industrial (LI) district on a 10.54 acre tract: located on the south side of East McKinney Street (FM 426) approximately 300 feet west of Bellaire Street. The property is further described as a tract in the M. Yoachum Survey, Abstract 1442. If the. request is approved, the property may be utilized for any purpose permitted in the light industrial district by the City of Denton Zoning Ordinance. Z-1807 Mr. Mike Pennington, representing the owners, presented a petition and spoke in favor stated that the request was for rezoning to light industrial. The surrounding area on one side of the property was currently zoned light industrial. Approximately 300 acres around the 'property was undeveloped so that this regu. est would not put the area over an acceptable intensity level. Stafl~ had asked his client to request a planned development: however, he had felt it would be detrimental to expend the funds to prepare engineering plans, etc. and then have the zoning request denied. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 15 reply forms had been mailed with 1 returned in favor, 1 returned in opposition and returned as undecided. The first basic issue with this request was the intensity. The area was designated lc,w intensity and was already over standard by 14% with existing zoning. Another concern of staff was potential land uses which could be utilized in a light industrial zoned district; the area was currently basically residential. The parcel was located at an entrance to the City and Council had expressed an interest in maintaining an attractive appearance at these points. The petitioner had first requested commercial zoning and then light industrial. Staff had suggested a planned development but the petitioner did not agree. This proposed zoning, if approved, could result in detrimental[ land uses. Mayor Pro Tem Alford asked if staff had mentioned to the petitioner the possibility of various conditions attached to the zoning. Spivey responded that the parcel would have to be a planned development before conditions to development could be attached to the zoning ordinance. Riddlesperger motion, McAdams second to deny the petition. Ms. Jo Nash, realtor representing the petitioner, stated that staff had informed her client that a fee of $1,800 would be required to file a plat. This was not affordable so the request for rezoning had been changed from commercial to light industrial. Motion to deny carried 6 to 1 with Mayor Pro Tem Alford casting the "nay" vote. 180 City o~ Denton City Council Minutes Meeting of July 1, 1986 Page Ten 4, The Council considered acceptance and approval of Planning and Zoning Commission recommendation for a five year utilities Capital Improvement Plan. Mr. Bill Claiborne, Chairman of the Planning and Zoning Commission, introduced Mr. Roland Laney, Chairman of the Public Utilities Board, to present the recommendation. Mr. Laney reported that the 5 year Capital Improvement Plan for utilities was based on a projected growth rate of 5% in 1987 and 1988: 4% in 1989 and 1990: and 3% in 1991. A major expenditure in the electric utility would be hydroelectric generating plants at Lake Lewisville and Lake Ray Roberts. Costs were being obtained to determine viability of the proposed units. The ma~or expenditures anticipated in the water/wastewater utility were a new treatment plant for Lake Ray Roberts and an expansion of the existing plant in 1991. Bob Nelson, Director of Utilities, presented an overhead pro~ection listing the major pro~ects and thei£ associated cost estimates. McAdams motion, Hopkins second to approve the Planning and Zoning Commission recommendation on the utility Capital Improvement Program projects. ~otion carried unanimously. 5. The Council considered acceptance of Planning and Zoning Commission recommendation for a five year non-utilities Capital Improvement Plan. Mr. Bill Claiborne, Chairman of the Planning and Zoning Commission, reported that the commission saw the Capital Improvement Plan dollars being distributed to all parts of Denton to help the City. Input on potential pro~ects had been received from citizens via a mail-out, from both universities as well as from the City executive staff. The Planning and Zoning Commission was recommending that no modification, or reduction in the plan take place. The Planning and Zoning Commission had asked staff to categorize request and had encouraged staff to look at pro~ects which might be completed by City workers. Capital Improvements Pro~ects were either funded by ad valorem taxes or by bond issues. A unique situation had developed this year in that the District Engineer from the State Department of Highways and Transportation had provided input. A letter had been received which stated that, if the City of Denton would invest $3 to $4 million in street/bridge improvements in concert with the Highway Department, the net result would be $16 to $18 million worth of improvements. Claiborne then presented an overhead pro~ection of the various proposed pro~ects. City Manager Lloyd Harrell reported for clarification that the previous 5 year Capital Improvement Pro~ects would be completed in 1986 and a bond issue must be approved to replenish funds fo~ any future improvements. There were various issues involved with these recommendations such as signalizatio~ improvements and new rec£eation centers. Staff would recommend that the Council accept these reports and appoint a citizens group to review the CIP program prior to bringing it before the voters. It was imperative to have extensive community input and involvement. Staff felt it was extremely important for Council to consider a broad based Blue Ribbon Committee to review the issues. McAdams motion, Chew second to accept the report and the comments by the City Manager and to schedule a work session on this issue. Motion carried unanimously. 6. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. 181 City of Denton City Council Minutes Meeting of July 1, 1986 Page Eleven A. Bids and Purchase Orders: 1. Bid # 9624 - Traffic signal controller 2. Bid # 9625 - One ton cab chassis 3. Bid ~ 9626 - Contract - concrete work 4. Bid ~ 9627 - CDBG paving improvement - Bushey Street 5. Purchase Order 9 73738 to Rone Engineering in the amount of $19,362.50 6. Purchase Order # 74022 to General Electric Company in the amount of $45,860.00 B. Plats and Replats: 1. Approval of preliminary and final replat of the Alex Robertson Addition, Lot 4, Block 15. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Expressway Industrial Park Addition, Lot 1, Block B. (The Planning ~nd Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Keenan Farms Addition. (The Planning .and Zoning Commission recommends approval.) 4. Approval of preliminary replat of the Kiowa Trail Estates Addition, Lots 1-10, Block 1. (The Planning and Zoning Commission recommends approval.) 5. Approval of preliminary plat of the Northwood Addition, 12th Installment. (The Planning and Zoning Commission recommends approval.) 6. Approval of final replat of the Pace's Crossing Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 7. Approval of final replat of The Residence II Addition. (The Planning and Zoning Commission recommends approval.) Item 9.B was moved forward in the agenda order. 9. Resolution: B. The Council considered approval of a resolution approving a contract for the collection of delinquent taxes. John McGrane, Director of Finance, reported that Requests for Proposals had been sent to 8 firms with responses ~eceived from 4. All proposals had been reviewed and the firms had been allowed to make oral presentations to staff. Staff was recommending the contract for collection of delinquent taxes be awarded to Heard, Goggaan, Blair, Williams and Harrison. Mr. Goggaan stated that his firm was the largest and most successful tax collection service in Texas. The following resolution was presented: 182 City o~ Denton City Council Minutes Meeting oC July 1, 1986 Page Twelve RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the Mayor be, and he is hereby authorized, to execute on behalf of the City of Denton a contract for the collection of delinquent taxes between the City of Denton and Heard, Goggaan, Blair, Williams and Harrison. PASSED AND APPROVED this the 1st day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlespe~ger motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then returned to the regular agenda order. 7. The Council held a discussion of Stuart-Seline paving/ drainage project (Bid ~ 9609). Rick Svehla, Assistant City Manager, reported that a portion of this project had not been funded; however, a priVate developer was willing to assist. Council could designate~ $100,000 from the street bond issue savings. Alford motion, Chew second to approve the funding concept. Motion carried unanimously. 8. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-125 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion,. McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. 183 City o~ Denton City Council Minutes Meeting of July 1. 1986 Page Thirteen The ~ollowing ordinance was presented: NO. 86-126 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins. "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Sl~ephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services ii~ accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-127 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS~ OF COMPETITIVE BIDS: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," _ Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance naming a public park as Martin Luther King, Jr. Park. The following ordinance was presented: NO. 86-128 AN ORDINANCE NAMING A PUBLIC PARK AS MARTIN LUTHER KING, JR. PARK: AND DECLARING AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance and service plan annexing approximately 142 acres being part of the Morreau Forrest'Survey, Abstract 417, and the Gideo~ Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The following ordinance was presented: NO. 86-129 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 142.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MORREAU FORREST SURVEY, ABSTRACT NO. 417, ~D THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330: DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. 184 City o~ Denton City Council Minutes Meeting o~ July 1, 1986 Page Fourteen McAdams motion. Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance and service plan annexing approximately 299.83 acres between 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. A-38 The following ordinance was presented: NO. 86-130 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 299.83 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AND THE W. DURHAM SURVEY, ABSTRACT NO. 330: DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving the payment of an amount not to exceed $3,000 to the Texas Municipal League to pay the cost of intervening in litigation ~elating to Texas water quality standards. Bob Nelson, Director of Utilities, reported that this item was before the Council in June. Concerns had been expressed by Council Members regarding the position of the Texas Municipal League in this litigation. The lawsuit had been reviewed and staff was recommending approval of the ordinance. Council Member McAdams stated that she had a problem with approving a carte blanch intervention of the Sierra Club's efforts. The Texas Municipal League and the cities were speculating and only looking at worst case scenarios. The following ordinance was presented: NO. 86-131 AN ORDINANCE APPROVING THE PAYMENT OF AN AMOUNT NOT TO EXCEED $3,000 TO THE TEXAS MUNICIPAL LEAGUE TO PAY THE COST OF INTERVENING IN LITIGATION RELATING TO TEXAS WATER QUALITY STANDARDS: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion~ Hopkins second to adopt the ordinance as written with the $3,000 limit. On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "nay." Motion carried 5 to 2 with Council Member McAdams and Mayor Stephens casting the "nay" votes. H. The Council considered adoption of an ordinance accepting the dedication by deed from G. C. Ledyard, Jr., Trustee, of that portion of certain real property situated in the J. Scott Survey, Abstract 1222, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use o~ said property as a public street. Rick Svehla, Assistant City Manager, reported that the next three ordinances would officially accept dedication of the property and 185 City o~ Denton City Council Minutes Meeting of July 1. 1986 Page Fifteen would provide street dedication so that bridge work north of the airport could begin. The following ordinance was presented: NO. 86-132 AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM G. C. LEDYARD, JR., TRUSTEE, OF THAT PORTION OF CERTAIN REAL PROPERTY SITUATED IN THE J, SCOTT SURVEY, ABSTRACT NO. 1222, DENTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye." Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adopt!ion of an ordinance accepting the dedication by deed from Ed Wolski and Larry W. Frank, Trustees, of that portion of certain real property situated in the J. Scott Survey, Abstract No. 1222, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use of said property as a public street. The following ordinance was presented: NO. 86-133 AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM ED WOLSKI AND LARRY W. FRANK, TRUSTEES, OF THAT PORTION OF CERTAIN REAL PROPERTY SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO. 1222, DENTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET; AND DECLARING AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance accepting the dedication by deed from Connell Development Company of that portion of certain real property situated~ in tke Meyers Survey, Abstract 1699, G. H. Barb Survey, Abstr~ct No. 208 and the Wm~ Wilburn Survey, Abstract 1419, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use of said property as a public street. The following ordinance was presented: NO. 86-134 AN ORDINANCE ACCEPTING THE DEDICATIng BY DEED FROM CONNELL DEVELOPMENT COMPANY OF THAT PORTION OF CERTAIN REAL PROPERTY SITUATED IN THE MEYERS SURVEY, ABSTRACT NO. 1699, G. H. BARB SURVEY, ABSTRACT NO. 2013 AND THE WM. WILBURN SURVEY, ABSTRACT NO. 1419, DENTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 186 City o~ Denton C~ty Council Minutes Meeting o£ J'uly 1o 1986 Page Sixteen 9. Resolutions A. The Council considered approval of a resolution to adopt one personnel policy: Military Service Leave 111.04 C~ty Manage£ Lloyd Harrell reported that this pe£sonnel policy was consistent with-cur£ent practice. The following resolution was presented: RESOLUTION WHEREAS, the management and staff of the C~ty of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration: and WHEREAS, the City Council desires to adopt such policy as an official 'policy regarding emDloyment with the City: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policy, attached hereto and made a part hereof, ~s hereby adopted as an official policy of the City of Denton, Texas: ]~[litary Leave (Reference No. ~11.04) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be f~led in the official records of the C~ty of Denton with 'the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, ~s hereby rescinded to the extent ~t conflicts with the foregoing policy and with any administrative procedures and d~rect~ves issued under the authority of the City Council implementing the policy hereby adopted. SECTION IV. Th~s Resolution shall become effective ~mmediately upon its passage and approval. PASSED AND APPROVED this the 1st day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 187 City o£ Denton City Council Minutes Meeting o~ July 1, 1986 Page Seventeen McAdams motion. Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution designating the Animal Control Supervisor as the local health authority for the purposes of carrying out the provisions of the Texas Rabies Control Act and the applicable ordinances of the City of Denton. City Manager Lloyd Harrell reported that this %;as a routine item. The following resolution was presented: RESOLUTION WHEREAS, Section 3.02 of Article 4477-6(a), V.A.T.S., provides that the governing body of each City shall designate one officer to act as the local health authority for the purposes of said statute: and WHEREAS, the City Council of the City of Denton, Texas wishes to comply with the provisions of said statute: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Animal Control Supervisor is hereby designated as the local health authority for the purposes of Article 4477-6(a), V.A.T.S. (The Rabies Control Act) to carry out the provisions of the Act and the applicable ordinances of the City of Denton. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," ' Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval o~ a resolution asking the members of the Texas Senate and House of Representatives to honor the commitment made in the 1984 Special Session of the Legislature to repair and improve the state's kighways. Rick Svehla, Assistant City Manager, reported, that this resolution would ask the legislators for their support and to keep the funds allocated for this project. 1 8 8City OC Denton City Council Minutes Meeting oC July 1o 1986 Page Eighteen The Collowing resolution was presented: RESOLUTION WHEREAS, the Texas Legislature acted in a Special Session in the summer of 1984 to address a crisis caused by the deterioration of the 72,000 mile state highway system: and WHEREAS, years of neglect resulted in Texas having more obsolete and substandard roads and bridges than any other state: and WHEREAS, lack of state highway funding made it impossible for the State Department of Highways and Public Transportation to adequately maintain and expand roads to serve increasing numbers of vehicles: and WHEREAS, the state's deteriorating highway network threatened the safety, economic health, and quality of life of every Texan: and WHEREAS, the Texas Legislature acted with courage and wisdom to address the highway funding crisis by increasing fees and taxes paid by Texas highway users; and WHEREAS, all of the increase in state highway funds came from increases in the state motor fuel tax, vehicle registration fees, and vehicle sales tax: and WHEREAS, Texas highway users supported these increases in fees and taxes with the understanding that revenues would be used to maintain and improve their roads: and WHEREAS, the diversion of revenues from fees and taxes paid by highway users from the State Highway Fund to general revenues is a breach of faith: and WHEREAS, Texas voters have consistently supported the concept that those who use the highways should pay for them: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton, Texas ask the members of the Texas Senate and Texas House of Representatives to hono~ the commitment made in the 1984 Special Session of the Legislature to repair and improve the state's highways. Essential highway improvement funds must not be diverted to other uses. Projects to prevent traffic accidents, reduce congestion, and improve mobility of all Texans must be completed without delay. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1st day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN° CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYO¥ITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 189 City o~ Denton City Council Minutes Meeting o~ July 1. 1986 Page Nineteen Council Member Alexander asked if the resolution could be changed to read "would be a breach of faith" in the 8th paragraph. Consensus was to reword to "would be a breach of faith." McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered approval of a resolution appointing a member to the Texas Municipal Power Agency's Board of Directors. Council Member Alexander stated that this was an important appointment as TMPA was a major entity in tile state as well as a major budget concern for the City. Consideration had been given to appointing a member of the City Council to this board. Alexander motion to appoint Jim Riddlesperger. Chew motion to reappoint Roland Vela. Council Member Riddlesperger stated that he did not wish to accept this responsibility without the complete support of the City Council. This should be a united effort and he, therefore, wished to withdraw his name from consideration. The following resolution was presented: RESOLUTION WHEREAS, the term of office for Place 3 of the City of Denton, Texas on the Board of Directors of the Texas Municipal Power Agency will terminate June 30, 1986; and WHEREAS, Roland Vela is heretofore appointed by the City Council of the City of Denton, Texas to Pla,ce 3 on the Board of Directors of the Texas Municipal Power Agency and shall serve as a Director; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Pursuant to the terms and provisions of Ordinance No. 75-22 of the City of Denton, Texas, Roland Vela is hereby appointed to the two year term of office to Place 3 on the Board of Directors of the Texas Municipal Power Agency. The term of office beginning July 1, 1986 and ending June 30, 1988. SECTION II. This Resolution shall become effective from and after its date of passage, and it is so ordered. PASSED AND APPROVED this the 1st day of July, 1986, RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 190 City o~ Denton City Council Minutes Meeting o~ July 1, 1986 Page Twenty APPROVED AS TO LEGAL FORM: DEBRA ADAMI 'DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Alexander second that the resolution be approved to reappoint Roland Vela to the TMPA Board of Directors by acclamation. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered approval of a resolution approving a letter to the Board of Trustees of Flow Regional Medical Center w~th respect to conflict of interest limitations for the new board. Debra Drayovitch, City Attorney, reported that this resolution had been drafted at the instruction of the City Council. The following resolution was presented: RESOLUTION WHEREAS, the City Council of the City of Denton unanimously voted, on June 22, 1986, to send a letter to the Board of Trustees of the Flow Regional Medical Center expressing their concern about the conflict of interest limitations for the new Board and requesting that the new Board voluntarily adopt stricter standards; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I That the City Council hereby approves the letter attached hereto and incorporated by reference here~n and directs the City Secretary to deliver a copy of said letter to each member of the Board of Trustees of Flow Regional Medical Center; and that this letter shall be entered in the official records of the City of Denton and attached to the Asset Transfer Agreement between the City of Denton, the County of Denton, the Flow Hospital Board of 'Directors an.d Flow Regional Medical Center. SECTION II. That this resolution shall take effect immediately upon its passage and approval. PAE, SED AND APPROVED this the 1st day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried u~animously. City o~ Denton City Council Minutes Meeting o[ July 1, 1986 Page Twenty One 10. The Council considered confirmation of City Manager's appointment of Dr. Derrell Bull's to the Civil Service Commission. Alexander motion, McAdams second to confirm the appointment of Dr. Derrell Bulls to the Civil Service Commission. Motion carried unanimously. 11. Miscellaneous matters from the City Manager. City Manager Lloyd Harrell reported that a meeting would be held on July 2 with County Commissioner Tansey reg~rding the Health Unit proposal. A report back would be made. 12. New Business No items of New Business were sugges, ted by Council Members for ~uture agendas. 13. The Council convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. No official action was taken. With no further items of business, McAdams motion, Hopkins second to adjourn. Motion carried unanimously and the meeting was adjourned at 11:26 p.m. CHARLOTTE ALLEN, CITY S~CRETARY 1549s City Council Minutes July 15, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Alford; Council Members Chew, McAdams, Hopkins and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Stephens was out of town on an historical tour, Council Member Alexander was delayed due to business 1. The Council convened into the Executive Session to discuss legal matters. 2. The Council received a report and discussed the status of the lease agreement and litigation between the City of Denton and Maverick Aircraft, Inc. under the Executive Session. The Council convened into the Work Session at 6:15 p.m. 3. The Council received an interim report from the Economic Development Task Force. Mr. Jack Miller, Chairman of the Economic Development Task Force, reported that the members of the group were Gilbert Bernstein, Derrell Bulls, Chuck Carpenter, Jerry Cott, John Lawhon, Charldean Newell, Mary Evelyn Huey, A1 Hurley and Bob McGee. Council Member Alexander joined the meeting. Miller reported that it was recognized that the City was coming to a point in economic development where it was needed to sit down and look at the whole issue. The task force had met with the City Council in February and since then had met with several groups and individuals: to discuss economic development for Denton - past, present and future. The group had met with City officials, Texas Power and Light, Lone Star Gas, representatives from the railroads, and developers and asked them what was positive and/or negative about Denton. On the positive side it was felt that Denton had an outstanding quality of life, a diversity of industry and good educa- tional and medical facilities. It was further felt that Denton was competitive with other area cities and had a "can do" spirit. On the negative side the quality of life could erode; Texas currently had a 10.6% unemployment rate which had affected the entire state; Denton was located in a highly competitive area; there was also a perceived ]problem with Denton not being part of the transportation (trade) zone in relation to freight rates; little land was available with utilities and buildings already in place. Due to the US and state economy, it was now a buyers market and the City would have to actively seek out prospects. Denton was going to have to be more active and pro-growth. Denton was in danger of becoming a "bedroom community." The task force felt the timing was right for a full time economic development director and an office which would be a partnership between the public and private sectors. They would recommend that an Economic Development Office be located at the Chamber of Commerce with 1/3 of the funding being borne by the City and 2/3 being borne from the private sector. At this time, the task force was asking for reac- tions and input from the Council as well as a commitment from the public sector before soliciting funds from the private sector. Council Member Chew stated that he was pleased with the report. He was very much pro economic development for Denton and felt this was a needed step. Council Member Riddlesperger complemented the task force and stated he felt there was a need for a full time professional economic development person now. 191 City of Denton City Council Minutes Meeting of July 15, 1986 Page Two Council Member Hopkins stated that economic development was one of the Council's concerns. Council Member Alexander stated that the establishment of an eco- nomic development office was a step that needed to be taken and the Council should make a high priority commitment. There should be an exchange of ideas and comments over the next 5 to 10 years between the City and the Chamber of Commerce. Dr. Derrell Bulls, representing the Chamber, stated that the Chamber appreciated the opportunity to work with the City Council to main- tain the quality of life in Denton. Council Member Chew suggested a joint meeting be held with the Public Utilities Board at the next work session to discuss the funding for the project. Mr. Guy MacCracken, an industrial engineer, addressed the Council and stated that the City was not projecting the image of being industrially minded. 4. The Council received a report on the proposed vicious cat and dog ordinance. City Manager Lloyd Harrell reported that the development of this ordinance was precipitated by a series of attacks by dogs. The Council had begun to question if the present ordinance was stringent enough. The ordinance before the Council was a draft to be discussed. Debra Drayovitch, City Attorney, reported that she had been advised by the Council to prepare an ordinance to the maximum penalty allowed. She then presented a table of the major changes in the present and proposed ordinance. She felt the remedy for vicious dog attacks should be through civil court without the City being involved. Another remedy was to hold a hearing for the pet owner and have the dog removed from the City limits. The proposed ordi- nance would allow for the destruction of tke animal. The present ordinance stated that the dog must have vicious propensities; in other words, must have bitten before. This provision was not in the proposed ordinance; the hearing officer would make the determination if the dog was vicious. The present ordinance was limited to only dogs while the proposed ordinance covered dogs and cats. Also, the present ordinance did not have a time limit on when a compliant could be filed after an incident; the proposed ordinance stated that a complaint must be filed within 10 days after the attack. Current- ly, the City Manager was the hearing officer; the proposed ordinance would specify the City Manager or his designee could appoint a hearing officer. The current ordinance had no provision addressing the right to appeal. The proposed ordinance would allow for the owner to appeal the decision of the hearing officer in District Court within 5 days. Drayovitch then cited the portion of the ordinance which delineated what would constitute ordering the destruction of the animal. Council Member McAdams asked if the present ordinance did not deal with this problem adequately. Council Member Chew responded that the present ordinance gave the animal one "free bite" to establish vicious ~ropensities. There was nothing in the present ordinance which allowed for the destruction of a harmful animal. It was impossible to regular the provision that the animal be removed from the City limits. Council Member McAdams suggested that a substantial fine might be levied on the pet owner for each day the animal was not removed from town. Council Member Alexander stated that proposed ordinance might be modified so that the hearing officer make the determination of who paid the fees if the charges were found to be frivolous. 192 City of Denton City Council Minutes Meeting of July 15, 1986 Page Three 5. The Council was to hold a discussion of request of the Tommy Corporation for annexation of approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately 1/2 mile east of Mayhill Road and 1/2 mile west of Swisher Road for the purpose of determining whether to begin the annexation process. A-41 Time did not allow for the holding of this discussion. The Council then convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams, Hopkins and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Stephens was out of town on an historical tour 1. The Council held a presentation of awards for beautifi- cation effort to the City to Mr. Tom Irby in the residential category and Mr. Monte Mason, Jack Schmitz and Son Funeral Home, in the commercial category. Bob Tickner, Superintendent of Parks, presented the award to Mr. Tom Irby. Mr. Monte Mason was not present to receive the award for Jack Schmitz and Son Funeral Home. 2. The Council held an appearance by Mr. Don Whitmore regard- ing the City of Denton utility billing system. Mr. Don Whitmore appeared before the Council and stated that he had lived in Denton for 11 years and was a graduate of North Texas State University. Even though he was on an average billing plan, he had received past due notices and cancellation notices relating to the end of the year adjustment bill for his utilities. He felt that the notification slips were bad public relations for the City. 3. The Council considered approval of a request by Mr. and Mrs. William A. Elliott to waive a pro rata fee. Mrs. Elliott stated that they had purchased a house on Mayhill Road in order to move in with and take care of her mother. At the time they bought the house they were told they could have City of Denton water. They had called the City about getting water and were told that they could tie on to the system. As a result of this, they had signed away the rights to an existing well. When they were ready to have City water, they were then told there would be a pro rata fee charged. As this was an expense which they had not planned for, they were hoping for some type of compromise or a waiver of the fee. Debra Drayovitch, City Attorney, reported that, as a general rule, it was not. legally appropriate to waive requirements mandated by ordinance. City Manager Lloyd Harrell reported that staff had tried to work with the Elliotts and apologized for any breakdown in communica- tions. It would be possible to let the Elliotts tie on and then work out a payment plan for the pro rata charges. Bob Nelson, Director of Utilities, reported that staff got calls every day from developers and realtors regarding utility service. After the Elliotts had called and given the address to the water utility, it was discovered that the extension of service would require a pro rata fee. In an attempt to prevent this type of problem in the future, procedures had been changed so that a plat of the property was required prior to determining whether or not utilities could be extended or if there was a pro rata fee or not. 193 City of Denton City Council Minutes Meeting of July 15, 1986 Page Four 4. Public Hearings A. The Council held a public hearing on the petition of Ed Green and Rick Moore requesting a change in zoning from the agricultural (A) district to the two family (2F) classification on a 7.366 acre tract located on the south side of East McKinney Street (FM 426) approximately 1,200 feet east of Woodrow Lane. The pro- perty is more particularly described as a tract in the T.M. Downing Survey, Abstract 346. If the request is approved, the property may be utilized for any purpose permitted in the two family district by the City of Denton Zoning Ordinance. Z-1809 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 6 reply forms had been mailed with 1 returned in favor and 0 in opposition. This request was to change from agricultural to two family zoning for the purpose of building duplexes. The parcel was located in a low intensity area which, by the Denton Development Guide, should be primarily for residential uses. The area was 14% over standard under current zoning. The proposed land use was compatibL~ with surrounding uses and provided an acceptable transition from multi-family to single family. Council Member Alexander asked if there was a potential drainage problem. Spivey responded that drainage improvements would be included in the off-site improvements required. The Engine.ering staff had recom- mended the drainage be taken to a drainage channel. The developer would provide a plan and pay for the improvements. This would be taken care of during the platting process; platting must be com- pleted prior to the issuance of building permits. 1. The Council considered adoption of an ordinance approving a change in zoning on a 7.366 acre tract located on the south side of East McKinney Street (FM 426) approximately 1,200 feet east of Woodrow Lane. The following ordinance was presented: NO. 86-135 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, ~?EXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 7.366 ACRES OF LAND OUT OF THE T. M. DOWNING SURVEY, ABSTRACT NO. 346, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO TWO-FAMILY "2-F" CLASSIFICATION AND USE FOR SAID PROPERTY; - PROVIDING FOR A MAXIMUM PENALTY OF ~1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Holbert-Wyatt Volkswagen, Inc. requesting a change in zoning from the agricultural (A) to the commercial (C) district on 6.114 acres 194 City of Denton City Council Minutes Meeting of July 15, 1986 Page Five located on 1-35 South, south of Pockrus Road and south of the M.K.&T. Railroad. The property is more fully described in the Gideon Walker Survey, Abstract 1330. If approved, the property may be utilized for any purpose permitted in the commercial district of the City of Denton Zoning Ordinance. Z-1812 The Mayor opened the public hearing. Mr. Jim Hensworth, representing Holbert and Wyatt, spoke in favor stating that instead of 6 acres, only 4.02 acres of the parcel would be used for commercial property. The petitioners had met with the City staff in the predesign phases regarding utilities and zoning. Staff had preferred the petitioner request planned development zoning. One requirement was a 25 feet setback on the property; however, due to the shape of the lot and other utility easements, this setback would not allow for a parking strip in front of the business. His clients were requesting straight commercial zoning. If this petition were approved, there would be 2.09 acres in phase two of the. development as commercial. There was no site plan for the property at this time. Council Member Riddlesperger asked what type of easements was Mr. Hensworth referring to. Hensworth responded Texas Power and Light, etc. Council Member McAdams stated that the reason for preferring a planned development was to protect the City should the property change hands prior to actual development. Setbacks, however, were normally negotiable. Hensworth stated that his clients could not build any structure on the easement property but did need the parking strip in front of the automobile dealership. Mrs. H. W. Pockrus spoke in favor stating that she owned a business in this area and felt this would be a good addition. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the parcel was located in a low intensity area with high intensity to the north and north- west and moderate intensity to the south. The proposal was for straight commercial zoning on the entire 6 acre parcel. There had been some confusion regarding the staff's recommendation for a planned development. The issue was land use and not the easements. The proposal as presented was acceptable; however, the concern was for commercial zoning on a major thoroughfare. Council Member Alexander asked what the time delay would be if the petitioner were to change the request from commercial to planned development. Carson responded that the request could go before the Planning and Zoning Commission in August. Staff could double advertise and the petition would be back to the City Council in late August. Council Member McAdams stated that she was not questioning the commercial use as presented, but the property could sell. If the petitioner were to agree to request planned development zoning, would it be legally correct not to require the request to go back through the entire process. Debra Drayovitch, City Attorney, responded that a planned develop- ment was totally different from commercial zoning and the request would have to go back to the Planning and Zoning Commission. 195 City of Denton City Council Minutes Meeting of July 15, 1986 Page Six Chew motion, Riddlesperger second to approw~ the commercial zoning for the 4.02 acres. Motion carried 5 to 1 with Council Member McAdams casting the "nay" vote. C. The Council held a public hearing on the petition of Dr. Bill Cudd requesting a change in zoning from the single family (SF-10) district to the planned development (PD) classification on an 18.24 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. The property is further described as a tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbottom Survey, Abstract 775. If the planned development is approved, it will permit the development of an office park. Z-1814 The Mayor opened the public hearing. Dr. Bill Cudd, the petitioner, requested that the public hearing be postponed until August 5 as there was not a full Council present. Riddlesperger motion, Chew second to continue the public hearing on August 5. Motion carried unanimously. D. The Council held a public hearing on the petition of Don M. Bryant requesting a variance of provisions of the City of Denton Subdivision and Land Development Regulations requiring sidewalk, paving, curb and gutter, and drainage improvements for perimeter streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent and west of Hickory Hill Road between Gibbons Road and FM 1830 are proposed. The property is located in the City of Denton's area of extraterritorial jurisdiction (ETJ) and single family development is anticipated. V-30 Ms. Alice Creamer spoke in favor stating that she had sold this property to Mr. Bryant. At the time of the sale, she had contacted David Ellison of the City staff and had been informed that a survey of the property was needed. Mr. Ellison had asked if roads were to be cut and she had responded no. Mr. Don Bryant, the petitioner, spoke in favor stating that he was co-owner of the property. It was his intention to build only one home on the property in which he would live. In March he had called the City regarding what he would have to do to obtain a building permit. He was told that the property wou].d have to be platted. The first plat was submitted in April. All questions had been addressed except the road issue. He had made every effort to comply with the subdivision rules and regulations; however, he was request- ing a variance due to the financial hardship involved with ~utting in a City standard road. He had received bids of ~19,000 to ~27,000 for the road work. The Planning and Zoning Commission had recom- mended to bond the road; however, the cost would be over 35% of the value of the property. Council Member McAdams asked Mr. Bryant if he was aware that this was a standard requirement for all developers and that if he did not pay for the road, all the taxpayers for Denton would have to. Mr. Dick Kelsey, attorney representing Mr. 3ryant, spoke in favor stating that the property was located 8 miles from Denton at the outside edge of the extraterritorial jurisdiction line. There were no streets in the parcel. The City had no plans to annex this area in the foreseeable future. To require City standards for the road was far beyond the scope of the law. McAdams motion, Chew second to table the request. As the public hearing had not been concluded, the motion and second were withdrawn. 196 City of Denton City Council Minutes Meeting of July 15, 1986 Page Seven Mr. Dave Keenan, co-owner of the property, spoke in favor stating that when 'the land was bought, the adjacent property was also sold. A building permit had been obtained and a house was currently under construction on the adjacent property. There should be equal treat- ment. No one spoke in opposition. The Mayor closed the public hearing. David Ellison, Senior Planner, reported that if Council did not feel that all technical and legal issues had been addressed, it would be appropriate to table the request for variance. McAdams motion, Chew second to table. Motion to table carried unanimously. 5. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A.. Bids and Purchase Orders: 1. Bid # 9628 - McKinney Street sanitary sewer 2. Bid ~ 9629 - Truck tractor used 3. Bid 9 9634 - Used refuse truck 4. Bid ~ 9636 - Capacitors 5. Bid ~ 9637 - 500 MCM power cable 6. Purchase Order ~ 73901 to Mr. Richard McAlpin, Murphy and Rochester, in the amount of $15,080.22 7. Purchase Order # 74205 to North Texas Savings and Loan in the amount of $14,439.08 B. Plats and Replats: 1. Approval of final replat of Freeway Park Addition, Lot 4B, Block A. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Hannah Estates Addition, Phase IV, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Sun Country Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Change Order: 1. Change Order to Calvert Paving Company for the Yellowstone drainage project in the amount of ~14,495.00 (Bid # 9575, Purchase Order # 72432 in the original amount of ~666,886.42) 6. Ordinances Agenda item 6.H was moved forward in the agenda order. 197 City of Denton City Council Minutes Meeting of July 15, 1986 Page Eight H. The Council considered adoption of an ordinance amending Article II of Chapter 4 of the Code of Ordinances of the City of Denton, Texas; by amending the procedures relating to vicious cats and dogs; providing for the impoundment thereof; providing for the destruction thereof upon notice and hearing; providing for a penalty in the maximum amount of ~200.00 for viola- tions thereof; and providing for a severability clause. Dr. Nat Adams stated that the proposed ordinance had a bias against dog owners and she felt that false accusations of vicious cats and dogs would arise. The provision regardiag examination of the victim's wounds by a physician was not workable unless the accuser must pay. Regarding confinement of a suspected vicious animal, there should be a provision for sick animals who needed treatment during confinement. The term "viciousness" was not well defined. She felt the burden of proof should be on the accuser. Any dog could bite; but one bite was not enough to call the animal vicious. Council Member Chew responded that the ordinance applied to animals who were at large. Ms. Vickie Christianson, President of the Denton Humane Society, stated that anyone could file a complaint as it was not required that the victim be involved. A preliminary investigation should be required to ascertain if the incident warranted the impoundment of the animal. The discrepancy between the phrases "at large" and "stray" needed to be clarified. There was also a problem with the payment of the impound and court fees if the animal were found not to be vicious. The proposed ordinance had no provisions to address the severity of the bites; there were different degrees of bites. Council Member Riddlesperger asked about the need for a preliminary investigation of any dog bite incident ~.rior to beginning the hearing process. Debra Drayovitch, City-Attorney, reported that her staff had looked at eight or so other ordinances and not one inad included a prelimin- ary investigation; additional personnel would{ be required to conduct such investigations. Mr. Mark Wiser stated that his daughter had been attacked by a dog. While he did not hate animals, there seemed to be a bias in favor of the criminal and not the victim. Under the current ordinance, the last recourse was to have the animal removed from the City limits which, in effect, shipped the problem to another City. In the proposed ordinance, he did not feel that an Animal Control officer would be the appropriate hearing officer. Ms. Vera Knobe stated that she owned a Doberman and German shepherd for protection. If a complaint was filed, it would be difficult to prove that the attack animal was not your dog. Mr. Acker stated that the intent of the current ordinance was to remove the dog, and he felt the pet owner should be given a chance first and a subsequent attack would warrant the destruction of the animal. He further felt that the payment of the fees associated with holding an animal pending a hearing was unfair. Should the animal be found innocent of the charges, the owner still had to pay the fees and he felt this was punishing the innocent to get to the guilty. The proposed ordinance did not address the issue of provo- cation of an animal; in his opinion, if prcvoked, the animal would be defensive, not vicious. There were massive opportunities to abuse this ordinance. Mr. Acker suggested that a medical doctor and veterinarian be brought in as consultants for a rewrite of the ordinance. Mr. Doug Wolfe stated that a leash law was already in place. If that ordinance had been enforced by Animal Control, there would not have been a problem. The current ordinances should be enforced. 198 City of Denton City Council Minutes Meeting of July 15, 1986 Page Nine City Manager Lloyd Harrell reported that the current ordinance had been enforced in regard to the last dog bite incident. The animal had been picked up and brought in to Animal Control and the owner had been fined. Mrs. Antonilli, Emerson Street, stated that she felt the current ordinance should be enforced. Ms. Michele Baldwin stated that no one wanted a vicious dog. If her dog were impounded and contacted parvo or heart worms and subse- quently died prior to a hearing and was then found innocent, would the City replace her dog? Mr. Steve Johnson, guard dog trainer, stated that many of the attack dogs which were used for protection were very expensive animals. It would be easy for a person to file a complaint on one of these dogs thereby having the animal impounded for 10 days and leaving the owner defenseless. Alexander motion, Riddlesperger second to table the ordinance. Council Member Chew asked if the Veterinarian Association, Humane Society and Mr. Weisner could give input to the City staff on their views prior to the ordinance coming before Council. Debra Drayovitch, City Attorney, reported that a task force could be formed including these groups in reviewing the proposed ordinance prior to Council consideration. Motion to table carried unanimously. The Council[ then returned to the regular agenda order. A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-136 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. B. The council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-137 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. City of Denton City Council Minutes 1 9 9 Meeting of July 15, 1986 Page Ten C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-138 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving a specific use permit for a day care center in a single family (SF-7) zoned area located east of Audra Lane and north of Paisley Street and more fully described as lot 22, block B, Lee Meadows Addition, Section I. S-190 The following ordinance was presented: NO.86-139 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A DAY CARE CENTER; PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE COD5 OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0.84 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED ON THE EAST SIDE OF AUDRA LANE, NORTH OF PAISLEY S~?REET; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance and service plan annexing approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 2:80 East, and west of Trinity Road. A-36 The following ordinance was presented: NO. 86-140 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 66.42 ACRES OF LAND LYING AND BEING SIT[iATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MOREAU FORREST SURVEY, ABSTRACT NO. 417; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DJ[STRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. 2OO City of Denton City Council Minutes Meeting of July 15, 1986 Page Eleven F~. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the proposed annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approx- imately one mile south of FM 426 (East McKinney) and 1 1/2 miles north of I--35E. A-37 The following ordinance was presented: NO. 86-141 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Alexander motion, McAdams second to adopt the ordinance with the dates for the public hearings set for August 5 and August 19. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for angle parking on the north side of Walnut Street from Elm to Locust Street; prohibiting parking on the south side of Walnut Street from Elm to Locust Street; providing for 30 minute parking on the west side of Locust Street from Walnut to Mulberry. Rick Svehla, Assistant City Manager, reported that a number of complaints had been received regarding the congestion on Walnut Street. Staff had considered removing all parking as well as angle parking. Mr. Charles Muirhead stated that he owned a business on South Elm and the problem was traffic density rather than parking. The major sources of congestion were the delivery vehicles at Ellingtons and Denton County Independent Hamburger Company and the drive-through customers at the First State Bank. Due to the location of his business, the removal of parking would put him out of business. Another option might be to make Walnut Street one-way from Locust to Elm or to postpone taking any action until the First State Bank moved the drive-in windows to their new location and see what impact that would have on the congestion. Alexander 'motion, Chew second to table this ordinance for an indefi- nite period of time. Motion to table carried unanimously. I. The Council considered adoption of an ordinance approving a contract between the City of Denton, Texas and W. P. Willis consulting engineers to provide engineering services for airport improvements. Clint Lynch, Airport Manager, reported that the FAA had awarded a grant to the Denton Municipal Airport contingent upon the design, specifications and bids for the project. This ordinance would allow the process to begin. The following ordinance was presented: NO. 86-142 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS, AND W. P. WILLS CONSULTING ENGINEERS TO PROVIDE ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 201 City of Denton City Council Minutes Meeting of July 15, 1986 Page Twelve Chew motion, McAdams second to adopt the o~dinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approw~l of a resolution in support of H.R. 1400 to reauthorize General Revenue Sharing. The following resolution was presented: RESOLUTION WHEREAS, general revenue sharing has, since 1972, provided a predictable and stable source of funding to 39,000 of this nation's local governments, including Denton, Texas; and WHEREAS, cities have used general revenue sharing to provide basic services such as public safety, health, and education; and WHEREAS, the authorization for general revenue sharing will expire on September 30, 1986; and WHEREAS, the movement on tax reform threatens to inhibit the ability of cities to generate municipal financing; and WHEREAS, the burden of housing, feeding, educating, caring for and protecting this nation's poor is increasingly falling to this nation's cities; and WHEREAS, general revenue sharing has proven to be the most efficient and helpful of all federal programs upon which cities have come to rely; NOW THEREFORE, be it resolved, that the Denton City Council strongly opposes elimination or further reduction of the General Revenue Sharing program; the Community Development Block Grant program, and support to low and moderate income housing. BE IT FURTHER resolved, that the Denton City Council strongly supports legislation which would reinstate general revenue sharing including H.R. 1400. BE IT FURTHER resolved, that the Denton City Council encourages the citizens of Denton, Texas to inform themselves of the position of their Congressional delegation on these issues that could directly affect their local tax burden. FINALLY, BE IT resolved, that the Mayor of the City of Denton, Texas, be directed to convey the foregoing Resolution to the members of the Texas Congressional delegation, including Senators Gramm and Bentsen. PASSED AND APPROVED this the 15th day of July, 1986. JOE ALFORD, MAYOR PRO TEM CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 2O2 City of Denton City Council Minutes Meeting of July 15, 1986 Page Thirteen APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the appointment of a citizens committee on Capital Improvements Projects and establishing a charge to the committee. The following resolution was presented: RESOLUTION ~{EREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital improvements to be undertaken in the next five years; and, ~{EREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and services to adequately serve the community; and, ~[EREAS, the City Council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improve- ments plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENT©N HEREBY RESOLVES: SECTION I. That a Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION II. That the Special Citizens Advisory Committee shall be composed of such persons of the community as specified by the Council and shall perform its functions in accordance with the intent of this resolution, as directed by the Council. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 15th day of July, 1986 JOE ALFORD, MAYOR PRO TEM CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENt CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORR.[St ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS BY: 203 City of Denton City Council Minutes Meeting of July 15, 1986 Page Fourteen Alexander motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. 8. The Council considered appointment of a Deputy City Secretary. Chew motion, McAdams second to appoint Bryan Stuart, Administrative Assistant in the City Manager's Office, as Deputy City Secretary. Motion carried unanimously. 9. The Council received a report on miscellaneous matters from the City Manager. City Manager Lloyd Harrell reported that he had spoken with Dr. Roland Vela and it was Dr. Vela's evaluation that the TMPA lawsuit was going well. The TMPA Board of Directors had adopted their budget and Dr. Vela further extended ]]is thanks to the City Council for his reappointment to the Board. Also reported was that the Denton County Traffic Study would be up for discussion on July 24. One item of discussion and opposition was the roadway from Denton to the DFW Airport. The Council needed to go on record again as supporting this roadway. Council Member Riddlesperger stated that tlhis p~rticular roadway would and should be a top priority. 10. New Business The following items of new business were suggested by Council Members for future agendas: 1. Council Member Chew asked for a joint Public Utilities Board and City Council meeting 2. Council Member Riddlesperger asked that the appointment of the hospital advisory council be expedited 3. Council Member Hopkins asked staff to prepare a report on alternative voting methods, such as push button The Council left the regular agenda order and considered item #5 from the 5:30 p.m. Work Session (discussion not held at 5:30 p.m. due to lack of time). 5. The Council held a discussion of request of the Tommy Corporation for annexation of approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately 1/2 mile east of Mayhill Road and 1/2 mile west of Swisher Road for the purpose of determining whether to begin the annexation process. A-41 David Ellison, Senior Planner, reported that in January Tommy Corporation had requested annexation of a parcel of property in this area. The tract was annexed and zoned for a planned development. Tommy Corporation was now requesting annexation of another tract and would be requesting single family zoning. Consensus of the City Council was to begin the annexation process. The Council moved item #4 from the later Work Session ahead in the agenda order. 4. The Council received a report on zoning requests in the Hickory Creek area. 2O4 City of Denton city Council Minutes Meeting of July 15, 1986 Page Fifteen David Ellison, Senior Planner, reported that major development proposals were being received in this area. The owners were seeking 4 or 5 separate zoning petitions. There was limited general retail zoning being requested but rather mostly single family (SF-7 and SF-10). This was a low intensity area and Mr. Compton already had been granted general retail zoning for his property. Staff had requested 50 feet setbacks due to the proposed southern extension of Loop 288. The owners did not want planned development zoning as they had stated that they would have the property zoned and then sell to developers. The planned development zoning would be too restrictiw~. The Council reconvened into the Work Session in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams, Hopkins and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Stephens was out of town on an historical tour 1. The Council received a report on the proposal for the Denton Health Department. City Manager Lloyd Harrell reported that Paulette Holmes had provided extensive background information for the Council. The four recommendations were: 1. write to the County and express an interest in contracting for the next fiscal year in the amount of $125,000 2. offer a counter proposal 3. appoint a task force to look into the City providing their own environmental and maybe clinical health services 4. the County should restructure the health services program so the cities had more direct input 2. The Council received a report and considered further action on the holding and disposition of animals received at the City of Denton Animal Control Center from non-city residents. Bill Angelo, Assistant Director of Public Works, distributed written material showing the cost figures for the Animal Control Center. He further reported that conditions were crowded and officers had to be brought in from the field to assist in euthanasia and cleaning of kennels. Staff recommended termination of the current funding program, with proper notification to the County and the cities in the County which were using the Denton center. The County had agreed to give $40,000 to expand the current Animsl Control Center. Staff was presently negotiating with other cities, such as Sanger and Corinth. 3. The Council received a report on the proposed smoke detector ordinance. Debra Drayovitch, City Attorney, reported that she had reviewed the state statutes and the current City ordinance. There were four remedies which were all tenant-oriented. The landlord must install the smoke detectors or could be fined $1,000. This was an addition- al enforcement procedure. 5. The Council reconvened into the Executive Session to discuss Personnel/Board Appointments -- Under Sec. 2(g), Art 6252-17 V.A.C.S. 6. The Council reviewed and continued the selection process for the Municipal Judge under the Executive Session. 2O5 City of Denton City Council Minutes Meeting of July 15, 1986 Page Sixteen 7. No official action on Executive Session Items of legal matters, real estate, personnel/board appointments was taken. With no further items of business, the meeting was adjourned. · ALFORD, ~;YOR ~ TEM CHARLOTTE ALLEN, ~ITY SECRETARY 1660a 2O6 City Council Minutes July 22, 1986 The Council convened into the Special Called Joint Meeting of the City of Denton City Council and the Public Utilities Board at 5:00 p.m. in the Civil Defense Room. PRESENT: Mayor Pro Tem Alford; Council Members Alexander, McAdams and Riddlesperger City Manager, City Attorney and Deputy City Secretary ABSENT: Mayor Stephens was out of town on an historical tour Council Member Hopkins Council Member Chew 1. The Council considered approval of a resolution expressing opposition to the proposed merger of North Texas State University and Texas Woman's University. Mayor Pro Tem Alford asked if there was any discussion. McAdams motion, Riddlesperger second that the resolution be approved. Council Member McAdams read the following resolution: R E S O L U T I 0 N WHEREAS, the autonomy of the Texas Woman's University should be respected as well as that of North Texas State University; and WHEREAS, Denton, Texas, is a city of universities, each of its two great universities being important to the welfare and prosperity of the community; and WHEREAS, the two universities are the largest employers in the City of Denton; and WHEREAS, TWU is a statewide university with an excellent national and international reputation; and WHEREAS, the Texas Woman's University holds the distinctive position of being the largest women's university in the United States; and WHEREAS, the Texas Woman's University College of Nursing is the largest nursing school in the United States; and WHEREAS, the Texas Woman's University School of Physical Therapy is the largest in the nation; and WHEREAS, the Texas Woman's University has the largest School of Occupational Therapy in the United States; and WHEREAS, there are numerous outstanding programs at TWU with distinguished faculty; and WHEREAS, 52% of the Texas Woman's University students are graduate students, further illustrating its unique service; and WHEREAS, the City Council is aware of numerous instances in which the two universities have, on their own accord, cooperated and entered into joint enterprises for their mutual benefit and for the benefit of the state; and WHEREAS, both institutions in Denton have been success stories under their own distinctive, separate Boards of Regents; and WHEREAS, all of TWU's accomplishments have been under the Texas Woman's University's own dynamic Board of Regents and own dynamic President, separate and apart from all other universities; and City of Denton City Council Minutes 2 0 7 Meeting of July 22, 1986 Page Two WHEREAS, the TWU Board of Regents is committed to upholding the distinctive character of the University and its mission; and WHEREAS, to diminish the autonomy of the Texas WOman's University would threaten the name, history, mission, traditions, and/or distinctive character of TWU; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas opposes any effort to reduce the autonomy of the Texas Woman's University; and SECTION II. That the City Secretary is hereby directed to forward a copy of this resolution to the Governor of the State of Texas; the Lieutenant Governor of the State of Texas; the Speaker of the House of the State of Texas; the Select Committee on Higher Education of the State of Texas; and the President of Texas Woman's University. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 22nd day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTE ST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Linnie McAdams spoke of the good points of TWU. She shared that she ran into a new TWU student at the grocery store and the student told her that the faculty and staff had been so very helpful. She recalled the help the university personnel gave to her when she was a student returning to school after being out of school for several years. She indicated that the faculty and staff made her educational experience a real pleasure and that TWU was a very special place for women. "Aside from that, just saying that it is a marvelous place to be, and it truly is, TWU does provide a unique service for - women." She indicated that TWU offers women unique leadership opportunities that they might not have in any other university. "Out of that have come some really tremendous women, who are leaders in our society today. TWU is the largest and the best in several categories" stated Council Member McAdams. She further stated that Denton had two (2) excellent universities and did not see why we would want to, or should give up either one of them. City of Denton City Council Minutes Meeting of July 22, 1986 Page Three Council Member McAdams stated that TWU has no rival in its ability to offer educational opportunities for women. She stated that there are certain things that can not be maintained if TWU and North Texas State University are merged. Council Member McAdams insisted that the services that TWU offers are needed and must continue to be offered. "I for one do not want to see us give that up, not for one second. We deserve it here in Denton, and I want to see us keep it." Council Member Riddlesperger said he has known these institutions for fifty years. He received a degree from North Texas Teachers College in the 1930's. He taught at both NTSU and TWU. He spoke of their differences and said the idea of consolidation does not make sense. He compared the combining of two different denominations of churches. He noted that the differences in emphasis on education needs to be separate. He stated that TWU fills a real need in education and sees ways that the community could be enriched through the two universities cooperating together but does not support the merger. He stated that this cause is important to all. Council Member Alexander said he would like to state his views on the subject, unbiasedly. He stated that Texas Woman's University is the reason why he is in Denton. He came to teach at TWU in 1980. He thought about the unique role the university had to play in the history of Texas. He said TWU is a unique institution and deserves to remain autonomous for the welfare of the people of the State of Texas. He said he appreciated the comments of the Council and others. He urged all to continue to make the point clear to others across the state as the issues are dealt with at state level. Council Member Chew joined the meeting and stated that he too supports T~ and is opposed to the merger of ?WU and NTSU. Mayor Pro ~em Alford said he wished it was possible for him to say the things that the others have said. He stated that there is another area that must be looked at. He said the merger of TWU and NTSU would be devastating to the economy of Denton, Texas. That is why the Council must support the autonomy of TWU. He stated that we need TWU because of the number of people it employs, the dollars in salaries that it brings to our community, the tax dollars that are spent by TWU faculty and staff, and the sales tax. Everything of the economy in Denton revolves around our universities. He said he does not want it to be one university, we need two universities in Denton. And that is why the Council feels that they must urge the citizens of Denton to support the autonomy of TWU. He stated that they need to go to Austin on August 8, to let the people know their feelings on the situation. We need TWU desperately. He said that buses may be sponsored by businesses or individuals to go to Austin for support of TWU remaining autonomous. Council Member McAdams stated that a TWU graduate has been scheduled to go on a shuttle flight and that young lady plans to take a banner from TWU. She said that TWU has done so much for her. Mayor Pro Tem Alford stated that he would like to recognize, before a vote is taken, that we have administration, faculty, staff, and students and that is a total covering of the university people that are here. The vote was taken here. On roll call vote, McAdams "aye," Alexander "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye. Motion carried unanimously. Dr. Huey was asked to comment on the issue. Dr. Huey expressed her gratitude for the support and concern expressed by the City Council and all who were in attendance. City of Denton City Council Minutes 2 0 9 Meeting of July 22, 1986 Page Four Mayor Pro Tem Alford made a motion to adjourn to the Civil Defense room to continue the meeting. 2. The Council held a discussion and consideration of funding for the proposed Economic Development Office. City Manager Lloyd Harrell presented background information. He stated that the City should actively promote economic development in Denton by "going after it." To that end, staff irecommends a full time Economic Development Director be hired under tlhe Denton Chamber of Commerce. He stated that funding would be 1~3 public (City) funds and 2/3 Chamber (private) funds. It is eixpected that the Chamber will provide the secretarial and staff supplort necessary for the proposed Economic Development Office as well 'as office space. Mr. Harrell indicated that staff was very supportive of this proposal because: 1) Council wants economic development in order to help keep taxes and utility rates from rising. 2) It would help to keep Denton from becoming a "bedroom" community. 3) This recommendation would put a minimal strain on the City Budget. 4) The recommendation reflects research of other communities and the proposed arrangement has been very successful elsewhere. The City Manger stressed that we must monitor the Public Dollar. The following conditions were discussed: 1) A Public Utility Board member and City Council Member should be on the Economic Development Advisory Board. 2) The City should show positive support for the Chambers long term commitment, however the ~City will renew their financial commitment on a year t~o year basis. 3) The pledge of City funds must be seen as a sign for the Chamber to go ahead and raise the lother 2/3. Mayor Pro Tem Alford agreed with the need to have input into this process and the fact that the City's financial commitment must be renewed each year. Council Member Chew stated that economic development is a "top priority" with the Council. Council Member Alexander agreed. Council Member McAdams stated that in the current ieconomy in Texas you have to "go get" to be successful. Roland Laney of the Public Utility Board stated that the PUB "wholeheartedly" supported this proposal but would~ like to see the safeguards that the City Manager expressed implemented. He also stated that he would like to see that the City has more input into how money would be spent. Mr. Laney would like forlthe City to wait to release funds to the Chamber until the Chamber ihad raised their part of the funding. He also supported the notion that the City renew its financial commitment on a year to year basis. Council Member McAdams stated that she would like to see new industry in Denton because they might purchase electricity from the city. She suggested that the Council might a~so look at the Hotel/Motel Tax as a possible source of funding for the Economic Development Office. She asked for suggestions for other funding sources. Mayor Pro Tem Alford stated that he knows of industries that are leaving the area and stated that we must take an active role in retaining them and suggested that the proposed Economic Development Office would be a positive step. 1 U City of Denton City Council Minutes Meeting of July 22, 1986 Page Five Nancy Boyd of the Public Utility Board expressed her concern that "customer" money was being used and asked if the proposed funding could be taken from "tax" money. Council Member Chew stated that there was none available. Council Member Alexander stated that the proposed arrangement between the City and Chamber was not unusual and had been very successful in other Cities and continued by saying that we must compete with private utilities. He continued in support of the 1/3 City, 2/3 Chamber funding formula. He suggested that the Cities contribution could be phased out over a number of years as the private sector became more active. He said that we must go ahead, and it must work. John Thompson of the Public Utility Board suggested that positive publicity would help to promote this concept by motivating the private sector and getting the public behind it. Council Member Alexander stated that we need the Economic Development Office and that he likes the idea of a partnership between the public and private sectors. He stressed the need to monitor the program and to be able to renew the City's financial commitment on a year to year basis. Council Member Alexander would like to see the City Council added to the list of bodies that the Chamber would report to in this area. Council Member Chew agreed but stated the the City must be willing to commit over the long run. He does not want the City to phase the Office of Economic Development out of its budget. "We want people to come here. If they don't we won't be able to afford to live here ourselves. Taxes will be too high." Roland Laney of the Public Utility Board stated that the PUB would develop a resolution to bring back to the City Council in support of this proposal and that they would provide the necessary funding. Council Member Chew "charged" the PUB to make a positive resolution. The Council then convened into the Special Called Meeting at 6:00 p.m. in the Civil Defense Room. PRESENT: Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and Deputy City Secretary ABSENT: Mayor Stephens was out of town on an historical tour Council Member Hopkins 3. The Council received a presentation of proposals for auditing services for fiscal year beginning October 1, 1985 (FY 85-86). The Director of Finance, John McGrane provide background information. He stated that eight (8) invitations to make presentations were sent out and that three (3) were returned. He stated that all fees are estimates and that all three proposals were for approximately $39,000. John briefly reviewed each proposal. The first presentation was by the Arthur Anderson group and their estimate of costs was $38,000. Council Member Hopkins joined the meeting. City of Denton City Council Minutes 2 1 1 Meeting of July 22, 1986 Page Seven McAdams motion, Chew second to approve the resolution appoint the interim Municipal Judge. The following resolution was presented: RESOLUTION WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to preside over the Municipal Court; and WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant City Judges to handle the judicial functions of the Municipal Court in the absence of the City Judge; and WHEREAS, the City Council deems it necessary to appoint a City Judge and two Assistant City Judges to handle the judicial functions of the Municipal Court; WHEREAS, pursuant to Art. 6252-9a, V.~.C.S., the City Council has found that each appointee is currently a state employee, that the holding of this office is of benefit to the state and that there is no conflict between each appointee's'holding of his original office and the office of City Judge; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Robin Ramsey is hereby appointed Cit~y Judge and Zack Mason, Russell Welch and Camille Milner are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas, effective July 22, 1986. SECTION II. That the City Judge and Assistant City Judges shall receive the sum of Twenty-Five and No/100 Dollars (~25.010) per hour for their services. The sum of $12.50 per hour shall be paid for training effective immediately. SECTION III. This Resolution shall become effective July 22, 1986. PASSED AND APPROVED this the 22nd* day of July, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTONt TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Pro Te~ Alford "aye." Motion carried unanimously. 1 ~ City of Denton City Council Minutes Meeting of July 22, 1986 Page Six The second presentation was made by the DeLoitte, Haskins, and Sells group. The third presentation was made by the Peat Marwick group. Chew motion, McAdams second to direct staff to prepare a resolution to appoint the DeLoitte, Haskins and Sells group as the new City Auditors. Motion carried 4 to 2 with Council Member Riddlesperger and Mayor Pro Tem Alford casting the "nay" votes. Council Member Chew stated that he would like to see an audit commission created to report back to the City Council. The City Council the recognized Mr. Roland Laney of the Public Utility Board. The discussion returned to the consideration of funding for an Economic Development Office. Mr. Laney stated that he felt a need for more direct City control but again emphasized his feeling that this should be a partnership between the City and the Chamber. He stated that he felt that the agreement between the City and the Chamber should stipulate that the contribution from the City would be contingent on the Chamber raising their part of the money. The City Manager stated that he feared that if Council varied too far from the recommendation presented by the Economic Development Task Force, that the City Council might jeopardize the possibility of getting this proposal off the ground. Council Member McAdams stated that she agreed and that she felt that the City could have input into the Economic Development Office by designating a representative to the Economic Development Advisory Committee at the Chamber and that the Council could reconsider its financial commitment in a year. Council Member Chew stressed that the City is only funding the proposal at a 1/3 to 2/3 ratio. Council Member Riddlesperger stated that he would like to study the information available but that he agrees with the basic premise of the proposal. Council Member Alexander felt that the City should be in the loop and receive all information regarding the financial status of the Economic Development Office and that if he could be assured that the information flow would be good, he would support the proposal. Council Member Chew emphasized that he hoped the Public Utilities Board would agree with the recommendation. The City Council should be respons'[ble for future funding sources. Council Member Riddlesperger stated that he did not want to imply a five (5) year financial commitment but that he was satisfied with the proposal to review finances on a year to year basis. The City Attorney, Debra Drayovitch reminded the City Council that Betty McKean, Assistant City Manager and Bryan Stuart, Administrative Assistant would bring a contract to the City Council that would encompass the restrictions that they were discussing and that that instrument was the appropriate for enforcing their concerns. 4. The Council considered approval of a resolution appointing the City Judge and Assistant Judges for the Municipal Court. The City Attorney, Debra Drayovitch stated that two (2) people were willing to serve as interim judges. Debra discussed the problem with people holding dual office but felt confident that the concern had been addressed satisfactorily. City of Denton City Council Minutes 2 1 3 Meeting of July 22, 1986 Page Eight The City Council then considered an emergency addendum to the agenda to consider members to the Flow Hospital Advisory Committee. Council Member Riddlesperger distributed a list of individuals for consideration. ~ Staff was directed to place this item on the City Council Agenda for further consideration and the first regular Council Meeting in August. 5. The Council then convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. No official action was taken on Executive Session items. With no further items of business, the meeting was adjourned. 0331k 214 City Council Minutes July 29, 1986 The Council convened into the joint meeting with the Airport Advisory Board at 5:00 p.m. at the Denton Municipal Airport. COUNCIL PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Chew, Hopkins, and McAdams City Manager, City Attorney, and City Secretary COUNCIL ABSENT: Council Member Alexander was delayed due to business Council Member Riddlesperger was attending a meeting in Austin AIRPORT BOARD PRESENT: Frank Hayward; Lee Keith, Gene Wright, John Carrell, and Don Williams 1. The Council received a presentation by representatives of Charles Willis and Associates on the airport master plan. Bill Perkins, representing Charles Willis and Associates, reported that for the past 9 months his firm had been preparing an airport master plan. An in-depth survey of the airport market had been accomplished to determine how Denton related to the market and competing airports. Mr. Perkins presented charts of various forecasts for the Denton Municipal Airport including total operations, population, aircraft based at Denton Municipal Airport and local/itinerate operations.* Willis and Associates was projecting rapid urbanization between northern Fort Worth and southern Denton, in the Roanoke area. There would be a modification of the role of the Denton airport; it was going to be in a position to assume substantial aviation demand and in a very favorable competitive posture. Currently there were 5,000 feet of runway and a precision ILS (instrument landing system) approach at the airport. Only six other airports in the metroplex had ILS approaches (DFW, Love, Meacham, Addison, Aero Valley, and Mangum). Two major aviation modifications would need to be made to keep pace with the projected population growth of Denton over the next 20 years. These were a runway extension of 1,000 feet and construction of a secondary 4,000 by 75 feet runway. Willis and Associates would also recommend that the secondary runway be constructed in the 1993-1994 time frame. It was a very important positive that Denton had reserved a lot of land around the airport; the excess land could be used for aviation related industries. Also the noise exposure contours were acceptable and restricted to the airport itself. There was a real opportunity for Denton to have a high quality jet operation based at the airport. Mr. Perkins concluded by stating that his firm wanted to stress the exciting opportunity which existed at the Denton Municipal Airport in terms of the market and existing facilities. Agenda items #2 and #3 were reported together. 2. The Council received a report on leasing activities at the airport. 3. The Council received a report on the status of Federal grants at the airport. Clint Lynch, Airport Manager, reported that a Federal grant in the amount of ~226,000 had been received to build three access taxiways and a helipad. This grant was 1986 money and must be under bid no later than :September 30. The taxiways would allow access to an additional 80 acres of land. Lynch then presented a breakdown of the costs for the projects. Lynch concluded by stating that the staff was already being contacted by persons interested in leasing space at the airport. 215 City of Denton City Council Minutes Meeting of July 29, 1986 Page Two City Manager Lloyd Harrell reported that staff had beien talking with the City's financial advisors regarding alternatives for packaging the funding of the roadways and water lines which would be required. 4. The Council received a report and held a discussion on the proposed Confederate Air Force lease agreement and iissues relating to future airshows. This item was taken under the Executive Session. 5. The Council received a report and discuss the status of the lease agreement and litigation between the City of Denton and Maverick Aircraft, Inc. This item was taken under the Executive Session. 6. The council convened into the Executive Session to discuss legal matters. No official action was taken. The Council convened into the Work Session at 7:00 p..m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Chew, Hopkins, and McAdams City Manager, City Attorney, and City Secretary ABSENT: Council Member Alexander was delayed due to business Council Member Riddlesperger was attending a meeting in Austin 1. The Council received a report from City of D'enton represen- tatives to the Texas Municipal Power Agency Board of Diirectors. Dr. Roland Vela, Member of the TMPA Board of Directors, reported that an operating budget of ~78,000,000 had been approved. This amount was $17,000,000 less than the previous year'S budget due to reductions in mining operations and no new construction projects. Council Member Alexander joined the meeting. Dr. Vela continued by reporting that the Comanche Peak legal case was proceeding and the TMPA attorneys had stated that all was going "in our favor." A meeting would be held during the next several days regarding a change in venue for the case. TM~A would prefer the legal proceedings be held in Austin rather than D~llas. Dr. Vela reported that Mr. Ed Wagoner, General Manager of TMPA, had proposed some innovative financing. Instead of 30 year bonds, the proposal was for 30 days bond with interest varying on a 24 hour basis. A bank in Australia would be the holding bankl and put up the funds. A negative was that the bonds could be called in 30 days. 2. The Council received a report on the 1986 City Council goals and priorities: #1 Financing Capital Improvements 2nd half #6 Flow Hospital 1st half #7 Recreation Center #8 Finance Operations City Manager Lloyd Harrell gave a review of the goals notebooks and stated that staff had tried to assure that the goals became organizational goals as well Council goals. Work teams had been organized to study and report on each particular goal.~ John McGrane, Director of Finance reported on goal #1 (Financing Capital Improvements 2nd half) stating that this should actually be Financing Capital Improvements 1st half. Regarding the Planning and 216 City of Denton City Council Minutes Meeting of July 29, 1986 Page Three Zoning Commission Capital Improvement Program plan, the financing would require a bond election and the selling of bonds. If the sale of the bond was staggered over a five year period, no increase in the current tax rate would be required. The steps to achieve this goal would be the establishment of a CIP committee who would review the plan as submitted by the Planning and Zoning Commission. After review and modification, if required, the plan would be resubmitted to the Planning and Zoning Commission for approval prior to final approval by the City Council. The CIP committee could then "sell" the bond election to the voting public. Staff would suggest holding the proposed election no later than December 15. McGrane further reported that goal #8 (Finance Operations) had been outlined in the budget calendar for Council. Debra Drayov[tch, City Attorney, reported on goal #6 (Flow Hospital 1st half) that thirteen action steps needed to be completed prior to the actual closing on the hospital. Only three of these would require action on the part of the City. The action steps listed on the backup material provided would be done by or triggered by Flow Hospital. The County was responsible for advising Flow of eligibility standards to be used if Hill-Burton was not desired. Regarding the action step that the City Council and the County Commissioners provide a written schedule of medical malpractice claims pending, this would be cut as close as could be to the actual closing. Drayovitch further reported that she was unable to give a closing date. The pleading had not be filed in District Court nor had the financing been arranged. She estimated that closing would not be accomplished for another two months. A new issue had arisen regarding whether or not the deed should include a reverter clause or deed restrictions. Strong feelings had been expressed by the Council that the hospital should remain non-profit. A reverter clause would require the new corporation to obtain City Council and Commissioner"s Court approval prior to using the facility for other than hospital uses. A positive for deed restrictions was that Flow could obtain financing; a negative was that Council would have to take the matter to Court to enforce the deed restrictions and the right to use the hospital would be lost if the corporation defaulted. Under a reverter clause, the City and County would take back the property if the corporation defaulted but would assume all debt, which could be substantial. Council Member Alexander asked if such a reverter clause would make it difficult for the hospital to borrow money. Drayovitch responded that, if the reverter clause included a proviso that the City and County would get the hospital back in case of default, it would not impair the hospital's obtaining loans. Steve Brinkman, Director of Parks and Recreation, reported on goal ~7 (Recreation Center) that the timing of this issue had been touched on in the report on the Capital Improvements Program. The land had been purchased and cleared. Specifications had been drawn for two options: a 20,000 square feet facility and a 30,000 square feet facility. The members of the Parks and Recreation Board felt the strategy of going for 3 smaller centers at a cost of $1,200,000 each as opposed to 2 centers at a cost of $1,800,000 each was a better way of resolving this issue. The idea was to get all three centers in one bond election. There were other policy questions which would need to be addressed regarding alternatives to funding the centers other than through bonds. The operating and maintenance costs for the centers had been calculated with "today's dollars" plugged in. 3. The Council held a discussion and considered appointments to the Special Citizens Advisory Committee on capital improvements. This item was taken under the Executive Session. 217 City of Denton City Council Minutes Meeting of July 29, 1986 Page Four 4. The Council convened into the Executive SesSion to discuss personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. CHARLOTTE ALLEN , CITY- ~E~ETARY 1661a 218 City Council Minutem August 5, 1986 The Council convened into the Work Session August 5, 1986 at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager and City Attorney ABSENT: None 1. The Council received a report and discuss the status of the lease agreement and litigation between the City of Denton and Maverick Aircraft, Inc. This item was taken under the Executive Session. 2. The Council reviewed and continued the selection process for the Municipal Judge. This item was taken under the Executive Session. 3. The Council convened into the Executive Session to discuss legal matters and personnel/board appointments. No official action was taken. The Council then convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None The Council moved agenda item #2 ahead in the order. 2. The Council considered approval of a resolution in appreciation of the Denton Record-Chronicle for their support and promotion of the Crepe Myrtle planting in conjunction with the Carroll Boulevard Beautification Project. Mr. Fred Patterson of the Denton Record-Chronicle was present to receive the resolution. The following resolution was read by Mayor Stephens: RESOLUTION IN APPRECIATION OF THE "DENTON RECORD CHRONICLE" WHEREAS, the Denton Record-Chronicle provided support and promotion of the Carroll Boulevard Beautification Project, Crepe Myrtle planting; and WHEREAS, the Project solicited contributions from businesses and private citizens to purchase Crepe Myrtle Trees to complete the beautification project started in 1979; and WHEREAS, The Project, Co-sponsored by the City Beautification Committee, Chamber of Commerce and the Denton Record- Chronicle, received donations which totaled $5,977.43 and eighty Crepe Myrtle trees were planted between Fort Worth Drive and Sherman Drive; 219 City of Denton City Council Minutes Meeting of August 5, 1986 Page Two NOW, THEREFORE, BE IT RESOLVED: that the Council of the City of DentOn, Texas, acting on behalf of the citizens and staffi ~of the City of Denton, wish to acknowledge, 'with grateful appreciation, the support and promotion provided by the Denton Record-Chronicle which has ~ade the Carroll Boulevard Beautification Project a sucaess. PASSED AND APPROVED this the 5th day of August, t986. RAY STEPHENS, MAYOR CITY OF DENTON ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS Alford motion, Riddlesperger second that the resolution be approved. On roll call vote, McAdams "aye," :Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye,"l Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council moved agenda item ~3 ahead in the order. 3. The Council held presentation of awards f~r beautification effort to the City to Mrs. Mildred Hodges inthe residential category and Mr. Jack Bell for Victoria Square in the commercial category. : The Mayor presented the awards which were acce~ed by Mr. Monte Mason of Jack Schmidt and Sons Funeral Home in the commercial category (a previous winner) and Mr. Jack Bell of Victoria Square in the commercial category. Mrs. Mildred Hodges was not present to receive the residential category award. The Council then returned to the regular agenda order. 1. The Council considered approval of the !Minutes of the Regular Meeting of June 10. Alexander motion, McAdams second to approve .~he Minutes as presented. Motion carried unanimously. 4. Public Hearings A. The Council held a public hearing on the petition of The Nelson Corporation, represented by Craig Cu~y, requesting a change in zoning from the agricultural (A) district to the planned development (PD) district and approval of a concept plan on a 52.9 acre tract in the Stephen Hembrie Survey, Abstract 643. The property is located on the north side of Robinson R~ad approximately 800 feet west of State School Road. If the plann~Id development is approved, the following land uses will be permitted!~ Cluster Homes/Patio Homes - 9.5 acres, 52 total units, with a density of 5.5 units per acre Duplex - 13.4 acres, 80 total units, with a density of 6 units per acre 22O City of Denton City Council Minutes Meeting of August 5, 1986 Page Three Multi-Family (MF-1) - 10.7 acres, 193 total units, with a density of 18 units per acre Multi-Family (MF-1) - 8.0 acres, 144 total units, with a density of 18 units per acre General Retail (GR) - 2.7 acres General Retail (GR) - 8.6 acres Z-1782. The Mayor opened the public hearing. Mr. Craig Curry, from the Nelson Corporation representing the applicant, spoke in favor. His client was seeking approval of a 52 acre planned development. This petition was initially heard by the Planning and Zoning Commission on March 26 where the proposal was tabled for study of an intensity node. On April 9 the Planning and Zoning Commission held a workshop on a change in the intensity and on April 23 a change to a moderate intensity node was approved. Mr. Curry then displayed various exhibits including an aerial on the entire Oakmont community, located on Loop 288. Mr. Curry pointed out the proposed locations for arterial streets and various types of housing units on a conceptual site plan. Maps of current and proposed zoning were also discussed. Mr. Curry concluded by stating that he felt the land uses were appropriate for the area as well as the road system. Mr. Mitchell Turner, 2118 Stonegate, spoke in opposition stating that he was speaking on behalf of the people in southeast Denton. He was a member of the Land Use Committee and had been shocked. At the present time the City was divided into 5 areas each with approximately 20% of the population. In 25 years, 25% to 35% of the population would be in the southeastern part of town which would overload every major road. This did not have to happen if the City Council would reverse current zoning trends. This trend had been during recent time; since 1984. The petition being discussed was originally recommended by the Planning and Zoning Commission as a 30 acre moderate zone and now was 52 acres. It could have an adverse impact on the area as it was too diverse and was not a compatible land use. The proposal would not spread the density all over the City and was too much multi-family. Growth needed to be controlled. This petition did not meet the criteria for medium density and would only benefit the developer. Council Member Chew asked Mr. Turner if he was speaking as a member of the Land Use Committee or as an individual. Turner responded that he was speaking as an individual. Mr. George Olufsen, 2901 Santa Monica, spoke in opposition stating that Oakmont II would have multi-family housing next to existing single family housing with no transition. Denton did not need any more apartments. If the election was any indication, the citizens did not want. more apartments. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this petition had been before the Planning and Zoning Commission and the City Council in the form of a change to the intensity node. An update to the Denton Development Guide had added two moderate intensity nodes which was approved via resolution by the City Council in May. The proposal did present problems as it was split between the City of Denton and the City of Corinth. The main concerns during planning were the location near Texas Power and Light easements and lack of buffer zones (multi-family and retail next to single family) as well as the alignment of Loop 288. Staff was concerned regarding right-of-way for the proposed extension of the loop; however, if the loop was not extended in this area, the requirement for 50 feet set backs could be eliminated from the planned development ordinance. Regarding off site improvements, State School Road was in poor repair. The Council could recommend improvements to State School Road from 221 City of Denton City Council Minutes Meeting of August 5, 1986 Page Four IH-35E to the northern boundary of the property. There were 8 reply forms mailed with 1 returned in favor and 0 returned'in opposition. The Mayor allowed 5 minutes for rebuttal. Mr. Craig Curry, representing the petitioner, rebutted stating that opposition had not been previously heard at the Planning and Zoning Commission meetings. This was one case where Oakmont had shown the City Council that they were trustworthy and would stand by their word. All street improvements have been done at the expense of Myers Development. It was a unique piece of land and densities, on the whole, were not high. Adjacent area was currently zoned for duplex and fourplex development. There was some concern about the condition requiring 20% of the area be landscaped. Carson responded that the percentage of area for landscaping in the ordinance was consistent with current requirements but could be reviewed during the next step of development. 1. The Council considered adoption of an ordinance approving a change in zoning and approval of a concept plan on a 52.9 acre tract located on the north side of Robinson Road approximately 800 feet west of State School Road. The following ordinance was presented: NO. 86-143 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, AS AMENDED, AND AS SAID MAP APPLIES TO 52.9 ACRES OF LAND LOCATED ON THE NORTH SIDE OF ROBINSON ROAD, APPROXIMATELY 800 FEET WEST OF STATE SCHOOL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance with the Planning and zoning Commission recommendations. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Paul M. Haywood, Jr. requesting amendment of a detailed site plan on a 2.1 acre general retail section of an existing planned development (PD-41) located at the southwest corner of East McKinney Street (FM 426) and Loop 288. The property is further described as a tract in the M. Yoachum Survey, Abstract 1442. If approved, the amendment will change the design of a proposed curb cut/driveway on Loop 288. Z-1790 The Mayor opened the public hearing. Mr. Tom Jester, representing Paul Haywood, spoke in favor stating that one traffic median at the location was not acceptable to the state. His client did not really care one way or the other. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 4 reply forms had been mailed with 0 returned. This was a 2 acre tract on the southwest 222 City of Denton City Council Minutes Meeting of August 5, 1986 Page Five corner of Loop 288 and East McKinney Street. Zoning had been approved for retail use. A detailed site plan had been approved kby the Planning and Zoning Commission and the City Council. One feature included was a curb cut on Loop 288 which did not meet the subdivision rules and regulations for corner clearance distance. This request forwarded to the State Highway Department and was rejected. The new design reflected a "driveway" effect which the City Engineer felt would create a hazardous condition. Council Member Alexander asked for alternatives. Spivey responded that the design which the developer had agreed upon had been rejected by the state; however, the design before the Council was the one which the state had suggested. Jerry Clark, City Engineer, stated that the turning ratio for the first proposal violated state standards. The curb cut could either be removed or used as a standard driveway. Council Member McAdams asked if the location of the curb cut could be moved or must it be eliminated. Clark replied that spacing on a major arterial should be 200 feet. Council Member Hopkins asked if there was a curb cut to the property on McKinney Street. Clark responded yes. Mayor Stephens asked if the curb cut on McKinney and Loop 288 could be consolidated. Clark responded that the maximum width wanted would be 35 feet. Mr. Jester stated that they had been working on this project over a year. They had been to Planning and Zoning Commission, City Council, Development Review Committee and Citizens Traffic Safety Support Commission. They would strongly request Council not to eliminate the curb cut as it would have a very detrimental effect on the center to not have access from Loop 288. Council Member McAdams stated that she felt people would turn both ways at this access point. 1. The Council considered adoption of an ordinance approving amendment of a detailed site plan on a 2.1 acre general retail section of an existing planned development (PD-41) located at the southwest corner of East McKinney Street (FM 426) and Loop 288. The following ordinance was presented: NO. 86-144 AN ORDINANCE AMENDING ORDINANCE NO. 86-91 TO PROVIDE FOR APPROVAL OF A REVISED DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 82-83, AS SAID PLAN APPLIES TO 2.1 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF EAST MCKINNEY STREET AND HIGHWAY LOOP 288; PROVIDING FOR A PENALTY IN THE AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Chew second to adopt the ordinance. On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "nay" Motion carried 5 to 2 with Council McAdams and Mayor Stephens casting the "nay" votes. 223 City of Denton City Council Minutes Meeting of August 5, 1986 Page Six C. The Council held a public hearing on the petition of Jo Storer requesting a change in zoning from agricultural (A) to the planned development (PD) district and approval of a concept plan on 164.31 acres located at the southeast corner of Brush Creek Road and U.S. Highway 377. The property is more fully described in the H. Haggood Survey, Abstract 517; W. Hudson Survey, ~bstract 586; and George W. Daughtery Survey, Abstract 351. If approved, the planned development will permit the following land uses: General Retail - 17.28 acres Private School - 2.36 acres Single Family Attached - 10.48 acres, 117 total units, with a density of 11.2 units per acre Multi-Family - 11.21 acres, 200 total units, with a density of 17.8 units per acre Single Family Attached - 18.82 acres, 218 total units, with a density of 11.60 units per acre Single Family (SF-10) - 35.60 acres, 102 total units, with a density of 2.87 units per acre Single Family (SF-16) - 60.76 acres, 122 total units, with a density of 2.01 units per acre Open Space (private) - 7.80 acres Z-1791 The Mayor opened the public hearing. Mr. Greg Edwards, Metroplex Engineering representing Ms. Storer, spoke in favor stating that the parcel was located southeast of two arterials. There was a railroad track on the west of Highway 377 and east was the Denton Country Club golf course. His firm had tried to follow the Denton Development Guide regarding buffering higher intensity and less desirable land uses on the west side. There was a creek on the northern portion of the property which would provide permanent buffering The required right-of-way would be provided for the proposed Loop 288 extension should it come down Brush Creek Road. Ms. Jo Storer, the petitioner, spoke in favor stating that the development would be very open and hoped the Council could grant approval. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a planned development of approximately 164 acres in size and was located a considerable distance from any developed area of Denton. The petition was for a planned development and was in a moderate intensity area. No additional set backs had been requested along Brush Creek Road. The Argyle/Denton issue regarding utilities had been addressed and the petition did not violate the Denton Development Guide. There had been 5 reply forms mailed with 0 returned. 1. The Council considered adoption of an ordinance approving a change in zoning and approval of a concept plan on 164.31 acres located at the southeast corner of Brush Creek Road and U.S. Highway 377. The following ordinance was presented: NO. 86-145 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, AS AMENDED, AND AS SAID MAP APPLIES TO 164.31 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF BRUSH CREEK ROAD 224 City of Denton City Council Minutes Meeting of August 5, 1986 Page Seven AND U. S. HIGHWAY 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council held a public hearing on the petition of Metroplex Engineering Corporation requesting a change in zoning from the office (O) and commercial (C) districts to the planned development (PD) classification and approval of a detailed site plan on a 20.550 acre tract located on the south side of Audra Lane approximately 300 feet west of Loop 288. The property is further described as a tract in the M.E.P. and P. Railroad Company Survey, Abstract 927. If approved, the planned development and site plan will permit the development of 472 multi-family units. Z-1813 The Mayor opened the public hearing. Mr. Greg Edwards, Metroplex Engineering representing the owners, spoke in favor stating that this was a portion of an existing planned development. The developers were interested in 11 acres of multi-family. The current planned development was for multi-family and the petitioners were requesting a detailed site plan for this area. There was a problem with encroachment on office and commercially zoned area. The request was for 20 acres of multi-family with parking and landscaping. The request was actually for down zoning and would lessen the intensity. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 6 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. In May of 1980, three zoning changes had been approved by the City Council; commercial zoning on 12.3 acres, office zoning on 2.9 acres and a multi-family planned development on 11.1 acres. The developers were planning to develop a portion of the commercial and office as multi-family, which they could do under cumulative zoning. Rather, they had asked to add this multi-family to the planned dew~lopment and site plan. The tract was located in a low intensity area by current zoning but also was under standard in actual land use. The only concern was the concentration of the units which would be a violation; however, a planned development with a site plan was preferable All issues had been reviewed and were in compliance. The Planning and Zoning Commission had recommended approval. Hopkins motion, McAdams second to approve the petition. Motion carried unanimously. E~ The Council held a continuation of the public hearing on the petition of Dr. Bill Cudd requesting a change in zoning from the single family (SF-10) district to the planned development (PD) classification on an 18.24 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. The property is further described as a tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbottom Survey, Abstract 775. If the planned development is approved, it will permit the development of an office park. Z-1814. 225 City of Denton City Council Minutes Meeting of August 5, 1986 Page Eight The Mayor opened the public hearing. Mayor Stephens asked staff to provide background information. Denise Spivey, Urban Planner, reported that there had been one previous zoning case in 1984. The request was for a change from single family to a planned development with 1.4 acres of neighborhood services, a 2 acre park, 6.5 acres for warehouse use, 5.4 acres of cluster housing and 2.8 acres of zero lot line housing. This request had been denied. There had been another zoning request on property located to the west of this parcel. The Mayor continued the public hearing. Dr. Cudd, the petitioner, spoke in favor stating that his request was basically for a 3,000 square foot office complex. He had been with neighborhood representatives regarding the development and had not received any negative input. Drainage would not be a problem at Mistywood and he did not want a large portion of multi-family housing in the parcel. He would maintain a private road open to the public and was willing to put this commitment inl writing. The parcel would be developed in 5 phases with the drainage concerns addressed first. Council Member McAdams asked how and when the drainage problem would be resolved. Cudd responded that the land would be professionally maintained and contain concrete, sod and trees. A six foot fence would be installed for buffering. Council Member McAdams stated that there were a number of areas in Denton with vacant offices. What was the guarantee that this project would proceed if the first five acres of the offices did not sell. Cudd replied that he would be selling the majority of the buildings rather than leasing and, in that regard, there was virtually no competition on the market. Council Member McAdams stated that a third party could purchase the building and then lease space. Cudd responded that he would set a limit on the percentage of the property which could be leased. Council Member McAdams asked how this would be done. Cudd replied through deed restrictions. Council Member McAdams stated that the City could not enforce deed restrictions. Mr. Roger Barrett, Metroplex Engineering, spoke in favor and presented a graphic layout of the proposed development. He further stated that there was neighborhood support for the project. The problem was buffering. No parking would be allowed on the road going into the project for safety reasons. The landscaped 30 feet of drainage easement would help the neighbors to the north and the residential type architecture and landscaping would, be compatible with the neighborhood. It was planned to realign the existing drainage channel to the property. Mr. Greg Edwards, Metroplex Engineering, spoke in favor stating and presented a slide of the existing subdivisions with single family homes. Mistywood was located on the south side of the property. The City's master drainage plan called for water to drain on down to the creek. In fact, the water drained into the back yards on the south side of Mistywood and then into the street and cul-de-sacs and 226 City of Denton City Council Minutes Meeting of August 5, 1986 Page Nine into the yards. There was a high point in the street and a 30 to 40 acre tract which drained into the back yards. Development of this parcel would pick up the drainage onto Dr. Cudd's property. These drainage problems would be eliminated by this development. His firm had taken a look at the entire area and the major drainage channel. If the property was developed, it would add 5 acres of flow to the railroad track. The flow would be reduced upstream by 50 gfs. Mr. Sam Rosson, 2516 Freedom Lane, spoke in favor stating that he was a volunteer lead block captain to look after the best interests in the neighborhood. He had come to the conclusion that the property was not suitable for single family dwellings. Dr. Cudd was willing to expend large sums of money to improve the drainage situation on Mistywood and the architectural style would be compatible. The schools in the area were already overcrowded and both single family or multi-family housing would only add to that problem. As the office units would be purchased rather than leased, there would be some pride in ownership. Dr. Cudd was planning to have his own office in the complex. Mrs. Virginia Blair, Foxcroft Circle, spoke in favor stating that the neighborhood block captains had been organized to protect the neighborhood but were in favor of the petition. Mr. Gene Atkin, 116 Old Mill Pond, spoke in favor stating that he had contacted all 13 homeowners and 11 were in favor prior to the hearing before the Planning and Zoning Commission. Mr. Charles Mayfield, 2491 East University, spoke in favor stating that he would prefer a horse pasture but that would not happen. He felt the intersection was a traffic hazard. Ms. Barbara Ross, 2728 Mistywood, spoke in favor stating that the neighbors had fought drainage problems. This petition was the best which had been proposed. If the project took care of the drainage, the neighbors would get the 20 feet easement back. Ms. Cathy Ulatoski, block captain, spoke in favor stating that she had worked for two years regarding this property. The proposal was not for commercial development but rather garden offices. Other developers were watching to see what happened. The neighbors felt this was what their neighborhood needed and would be the highest and best use of the land. Mr. Tom Collins, Mistywood, spoke in favor stating that he also was a block captain and his interest was the drainage situation and the 20 feet easement. He hoped the Council would approve the plan. Mr. Bob Gorton, 2414 Emerson, spoke in favor a presented a petition signed by 22 residents. The block captains had worked with the developer and the neighbors had been given the opportunity to voice their opinions. He asked the City Council to consider all of the issues. Mr. Tony Lewis, representing the block between Old North Road and Foxcroft, stated that this block was also in favor of the petition. Ms. Darlene Guthrie spoke in opposition stating that it took three minutes to get across Old North Road now and it was a dangerous intersection. This development would add to the traffic problem. Mr. Mark Frost, Mill Pond, spoke in opposition and presented a list of those in opposition to the development. Those in opposition wanted single family development. The Mayor allowed Dr. Cudd five minutes for rebuttal. 227 City of Denton City Council Minutes Meeting of August 5, 1986 Page Ten Mr. Ron Hayes, representing Dr. Cudd, stated that his client had begun with a small proposal on 2 acres which had been expanded to the present 18 acres at the request of the neighborhood. Twenty reply forms had been mailed with 15 returned in favor and none in opposition. Seven block captains had spoken in favor of the petition. The proposal was not commercial but rather garden office. Dr. Cudd would dedicate a public street if the Council so desired. While the number of units was high, they would be residential in appearance. Any violations of density were the outgrowth of trying to meet the needs of the neighbors. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that this particular zoning case had generated much discussion. The parcel was located in a low intensity area which was designated by the Denton Development Guide as primarily residential. The traffic generation study took into account the entire area. While this development would generate more traffic than single family uses, it did not violate the standard for the entire area. Approval of this petition would be a gross violation of the Denton Development Guide. The neighbors would be able to reclaim the 20 feet easement and Dr. Cudd had met with the neighborhood and incorporated their suggestions into the plan. Old North Road and Highway 380 had been approved for a traffic signal. Funds were in a future Capital Improvements Program bond issue and, if approved, would be included in the first year. The Planning and Zoning Commission had recommended denial by a vote of 3 to 1. If approved by the City Council, staff recommended the inclusion of all suggested conditions to the planned development. It would require 6 affirmative votes to overturn the Planning and Zoning Commission recommendation for denial. Dr. Cudd would maintain the private road as the City had no enforcement power on private streets. The City also could not enforce any deed restrictions with Dr. Cudd might place on the structures. Council Member McAdams stated that she felt the neighbors should know that when Dr. Cudd sold the units, he was no longer responsible. Debra Drayovitch, City Attorney, reported that the City could not be involved with deed restrictions; the primary concern was land use. Council Member Hopkins stated that she assumed an officeowner association would play the same role as a homeowners association, in which members were bound by very strict rules. Riddlesperger motion, Alexander second to approve. Council Member McAdams stated that she felt this was something the neighbors would regret. There would be ten times more traffic than now existed. While she could sympathize with the people regarding the drainage problem, she felt this development would impose on the entire neighborhood. Council Member Alexander stated he felt it was a dangerous precedent not to listen to the neighbors and developer who had worked together. On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried 6 to 1 with Council Member McAdams casting the "nay" vote. F. The Council held a public hearing on the petition of Mel R. Lacquemont requesting a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a concept plan on a 412.12 acre tract in the Thomas Toby Survey, Abstract 1288. The property is located on the west side of FM 2164 approximately 1,850 feet north of Hercules Lane. If approved, the planned development will permit the following land uses: 2 8City of Denton City Council Minutes Meeting of August 5, 1986 Page Eleven Tract I - Townhouses - 21.50 acres, 215 total units, with a density of 10 units per acre Townhouses, 14.71 acres, 147 total units, with a density of 10 units per acre Townhouses - 21.17 acres, 211 total units, with a density of 10 units per acre Neighborhood Service - 2.77 acres Tract Iii - Single Family (zero lot line) - 33.64 acres, 168 total lots, with a density of 5 units per acre Office - 19.01 acres Tract III - General Retail - 20.74 acres Multi-Family - 30.94 acres, 618 total units, with a density of 20 units per acre Townhouses - 12.96 acres, 129 total units, with a density of 10 units per acre Tract IV - Townhouses - 22.48 acres, 179 total units, with a density of 8 units per acre General Retail - 7.88 acres Tract V - Multi-Family - 18.26 acres, 292 total units, with a density of 16 units per acre Single Family (zero lot line) - 43.88 acres 219 total lots, with a density of 5 units per acre Single Family (7,500 square foot lots) - 68.16 acres, 259 total lots, with a density of 3.8 units per acre Single Family (10,000 square foot lots) - 29.51 acres, 88 total lots, with a density of 3 units per acre Neighborhood Service - 3.01 acres Open Space (detention) - 13.31 acres Z-1815 The Mayor opened the public hearing. Council Member Hopkins left the meeting due to a conflict of interest. Mr. Mel Lacquemont, the petitioner, spoke in favor stating that he was a planning and zoning consultant representing Sweeney Thiebeaux. He commended the City staff for their work with him on this case. The parcel was locate in north Denton and was 412 acres divided into two sections being split by Loop 288. There was a "noise corridor" due to the Loop and approximately 62 acres of the land was unusuable. The Denton Development Guide called for the area near Loop 288 and Locust Street to be moderate and low intensity areas. The moderate intensity area would have to be increased with retail and other transitions. Utilities in the area would meet the requirements of the City. The water situation was acceptable; however, sewer service was a problem. The developer would have to install a parallel sewer line and extend such to the property. There was good thoroughfare access due to Loop 288, Locust Street and Highway 77. The internal thoroughfares would be collector streets. In trying to address the comments and concerns expressed by the Planning and Zoning Commission, the multi-family portion had been reduced to 200 units. His client also concurred that there should be no through street and would reduce the multi-family from 20 to 18 units per acre. The plan included 7.8 acres of retail use but this included the transmission line easements. The 10 units per acre of townhouses was felt to be excessive which only left two pieces of property which would have to be developed at SF-10. The lower density could be transferred from the property to two parcels. The development would be residential in nature and of moderate intensity. Mr. David Evers Tripp, representing the family, spoke in favor stating that there had been some concern at first regarding the development but the issues had been addressed. Mr. Phil Phillips, attorney representing Sweeney Thiebeaux, spoke in favor stating that he had contacted Mr. Dave Brown and he was satisfied with the plan. There were no objections to the plan by the neighbors. 229 City of Denton City Council Minutes Meeting of August 5, 1986 Page Twelve Mr. Floyd Gaston, pastor of the North Elm Baptist Church, spoke in favor stating that he felt this was a good plan for the area. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a complicated issue. The Planning and Zoning Commission had considered the petition and a split vote resulted. Therefore, the Commission had no recommendation to forward to Council. The item has presented to the Council by the petitioner was not the same as seen by the Planning and Zoning Commission. Staff had reviewed this plan. Mayor Stephens asked if the petition should be referred back to the Planning and Zoning Commission. Debra Drayovitch, City Attorney, reported that while the changes might be substantive, they appeared to be less dense; however, if the petition as presented was different from the one which had been advertised for the public hearing, a referral back to the Planning and Zoning Commission might be in order. Council Member McAdams stated that the overall density was decreased. Perhaps it should be referred back to staff for review rather than the Planning and Zoning Commission. Lacquemont stated that prior to submission to the Planning and Zoning Commission in June, staff had included a list of recommendations. All of those items had been discussed at the Planning and Zoning Commission and were resubmitted to staff. At this point, they were talking about a conceptual site plan. Council Member Alexander stated that the issue appeared to be with the conditions of the plan and not major changes. While he would prefer to see exacting wording, he did not feel the petition should be referred back to the Planning and Zoning Commission. Council Member Chew stated that no ordinance was being considered at this time - only the concept of the plan. City Manager Lloyd Harrell reported that he felt sympathy for the petitioner and felt the staff would look more favorably on this plan as given; however, this was a procedural question. It was not the policy to make changes in a plan on the City Council floor. Staff would prefer to review the plan and report back to the. Council. Debra Drayovitch, City Attorney, reported that this item could be placed on the next City Council agenda and perhaps the ordinance also be included. Council Member Alford stated that it was frustrating that a group could prepare the plan, go before Planning and Zoning Commission only to have the Council table the item. Lacquemont stated that he did not disagree with the review as there would be a time delay between the approval and the passage of the ordinance in any case. However, his client would like to have a -- consensus on approval from the Council so action on the property could begin. Riddlesperger motion, Chew second to approve the petition dependant on the concurrence by staff. Motion was withdrawn. Alexander motion, McAdams second to instruct staff to prepare an ordinance for August 19 incorporating the changes as presented by Mr. Lacquemont, with staff review and report to Council prior to the passage of the ordinance. Motion carried unanimously. 230 City of Denton City Council Minutes Meeting of August 5, 1986 Page Thirteen G. The Council held a public hearing concerning the proposed annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approximately one mile south of FM 426 (East McKinney) and 1 1/2 miles north of 1-35E. A-37 Council Member Hopkins joined the meeting. The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this was the path of the proposed thoroughfare for the proposed Lakeview development. One reply form had been mailed with zero returned. There were no housing units or population in the parcel. The second public hearing would be held on August 19. No one spoke in opposition. The Mayor closed the public hearing. Chew motion, Riddlesperger second to continue with annexation proceedings. Motion carried unanimously. H. The Council held a public hearing on an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, by amending the provisions relating to participation and pro rata reimbursement agreements for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun. The Mayor opened the public hearing. Bob Nelson, Director of Utilities, spoke in favor stating that the City should not lock up funds for more than one year due to these pro rata and participation agreements. No one spoke in opposition. The Mayor closed the public hearing. 1. The Council considered adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, by amending the provisions relating to participation and pro rata reimbursement agreements for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun. The following ordinance was presented: NO. 86-146 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING THE PROVISIONS RELATING TO PARTICIPATION AND PRO RATA REIMBURSEMENT AGREEMENTS FOR WATER AND SEWER 'FACILITIES TO PROVIDE THAT SUCH AGREEMENTS SHALL TERMINATE WITHIN ONE YEAR THEREOF UNLESS CONSTRUCTION OF THE FACILITIES HAS BEGUN; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye'", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. The Council considered taking vote of record on proposal to consider a tax increase for FY 1986-87. 231 City of Denton City Council Minutes Meeting of August 5, 1986 Page Fourteen John McGrane, Director of Finance, reported that a public hearing must be held and notice must be published regarding a tax increase. Staff was recommending the public hearing be held on August 26 at 7:00 p.m. in the City Council Chambers. City Manager Lloyd Harrell further reported that the information furnished by the Finance Department was not required by law and did include the $22,000,000 in bonds. Staff was suggesting this notice be added to the official notice which was required. Council Member Hopkins asked if the tax rate could be lowered but not raised. McGrane responded yes. McAdams motion, Chew second to proceed with the adoption of the 59~ tax rate. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids: 1. Bid # 9630 - CIP Utilities Section C 2. Bid ~ 9635 - Metal building 3. Bid ~ 9639 - Meters, current transformers, meter sockets B. Plats and Replats: 1. Approval of preliminary plat of the Bonnie Brae Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Denton Nursing Center Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Golden Triangle Mini-Mall Addition, Block A. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the Medical Center Addition, Section 1. (The Planning and Zoning Commission recommends approval.) 5. Approval of final replat of Montecito Del Sur Subdivision, Phase I, Lots 14-16 and 25-34, Block A; Lots 5-8, Block D; Lots 2-11, Block E; Lots 1-18, Block F; Lots 1-20, Block G, and Lots 1-7, Block H. (The Planning and Zoning Commission recommends approval.) C. Change Orders and Final Payments: 1. Consider approval of Change Order 92 in the amount of $1,211 and final payment in the amount of $24,424.69 to Advance Tank Texas, Inc., for the 2 MG ground storage tan'k. (The Public Utilities Board recommends approval.) 232 City of Denton City Council Minutes Meeting of August 5, 1986 Page Fifteen 2. Consider approval of final payment to Dickerson Construction in the amount of $38,508.53, Bid # 9557 - 1986 Section B CIP, water and wastewater improvements (water lines on Bolivar, Tulane, and Northridge and sewer lines Bolivar and North Elm). (The Public Utilities Board recommends approval.) 3. Consider approval of final payment to DickersoJ Construction in the amount of $10,772.46, Bid 9592 - 1986 CIP Section G, water lines. (The Public Utilities Board recommends approval.) 4. Consider approval of final payment to Roy Willis Electric Company for an overview signal bore project, Bid # 9608, Purchase Order # 73558. D. Pro Rata Agreements: 1. Consider approval of a pro rata agreement with Holbert-Wyatt Addition, owner Holbert-Wyatt Volkswagen Inc., and/or their assigns, for a new water line. (The Public Utilities Board recommends approval.) 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-147 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Chew left the meeting. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-148 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of ordinance setting a date, time and place for public hearings concerning the annexation of approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately .5 mile east of Mayhill Road and .5 mile west of Swisher Road. A-41 233 City of Denton City Council Minutes Meeting of August 5, 1986 Page Sixeen David Ellison, Senior Planner, reported staff was recommending the first public hearing be held on August 19 and the second public hearing be held on September 2. The following ordinance was presented: NO. 86-149 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Alexander motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving a specific use permit in a single family (SF-10) zoning district at 623 Ector Street for the operation of the Jane Marshall School. S-185 The following ordinance was presented: NO. 86-150 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE JANE MARSHALL SCHOOL; PROVIDING FOR THE REFERENCING OF SUCH USE ON 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 1.08 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED AT THE SOUTHWEST CORNER OF SENA AND ECTOR STREETS; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) to the commercial (C) district on 4.024 acres located on 1-35 South, south of Pockrus Road and south of the M.K.&T. Railroad. Z-1812 Council Member Chew jpined the meeting. The following ordinance was presented: NO. 86-151 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 4.024 ACRES OF LAND OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 3 ~City of Denton City Council Minutes Meeting of August 5, 1986 Page Seventeen F. The Council considered adoption of an ordinance authorizing the Mayor to enter into an agreement between the City of Denton and Deloitte, Haskins, and Sells as auditors for the fiscal year ending September 30, 1986. The following ordinance was presented: NO. 86-152 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE, HASKINS, AND SELLS AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986, AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddiesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 10 (Fire Protection) of the Code of Ordinances of the City of Denton, Texas by the addition of Article V thereto to be entitled "Alarm systems"; requiring the installation of smoke detectors in certain dwelling units. The following ordinance was presented: NO. 86-153 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 10 (FIRE PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY THE ADDITION OF ARTICLE V THERETO TO BE ENTITLED "ALARM SYSTEMS"; REQUIRING THE INSTALLATION OF SMOKE DETECTORS IN CERTAIN DWELLING UNITS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized water main. Bob Nelson, Director of Utilities, reported that this water main was for Holbert/Wyatt Volkswagen at a cost to the City of $16,191. The following ordinance was presented: NO. 86-154 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized water main. 235 City of Denton City Council Minutes Meeting of August 5, 1986 Page Eighteen The following ordinance was presented: NO. 86-155 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance prohiDiting the parking of vehicles on the west side of Fry Street between the intersections of West Oak and Scripture. Jerry Clark, City Engineer, reported that the residents had initiated this request and 80% of the property owners had signed a petition in favor of the action. The following ordinance was presented: NO. 86-156 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF FRY STREET BETWEEN THE INTERSECTIONS OF WEST OAK AND SCRIPTURE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Alford "aye," Riddlesperger "aye," Chew "ayev" and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance accepting the dedication by deed from Barworth Corporation of certain real property situated in the V.E. Gailor Survey, Abstract No. 452, Denton County, Texas, and recorded in Volume 513, page 351 of the deed records of Denton County to the City of Denton, for the use of said property as a public street. Jerry Clark, City Engineer, reported that this dedication was for right-of-way for necessary for the Stuart Street project. The following ordinance was presented: NO. 86-157 AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM BARWORTH CORPORATION OF CERTAIN REAL PROPERTY SITUATED IN THE V. E. GAILOR SURVEY, ABSTRACT NO. 452, DENTON COUNTY, TEXAS, AND RECORDED IN VOLUME 513, PAGE 351 OF THE DEED RECORDS OF DENTON COUNTY, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "ayes" Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance approving an amendment to the agreement between the City of Denton and Freese and Nichols for engineering services in regard to the raw water discharge/ pump station structure for Ray Roberts Reservoir. 236 City of Denton City Council Minutes Meeting of August 5, 1986 Page Nineteen Bob Nelson, Director of Utilities, reported that approximately 18 months earlier, the City had entered into an agreement with Freese and Nichols for this study. A realtor had assisted in looking for potential sites with one of the primary issues being cost. Freese and Nichols had then completed a flow analysis and staff had relooked at the locations. The end result was a need to amend the agreement and pursue sites further to the north. The cost of the amendment would be $26,000. The following ordinance was presented: NO. 86-158 AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE & NICHOLS FOR ENGINEERING SERVICES IN REGARD TO THE RAW WATER DISCHARGE/PUMP STATION STRUCTURE FOR RAY ROBERTS RESERVOIR, AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Management Applications Consulting, Inc. for consulting services in connection with the 1986 rate study for electric, water and wastewater services. Bob Nelson, Director of Utilities, reported that it was anticipated that a 9% to 9.5% increase in water rates would be forthcoming during the year due to Lake Ray Roberts. There was also a need to continue looking at electric rates due to co-generation and other factors. Staff was recommending an outside consultant De retained to insure that the rate structures were established in a prudent and correct manner. The fee for the study would be $39,000 with a completion date in September. Staff would also request that the Council appoint members to a steering committee for the rate study. The following ordinance was presented: NO. 86-159 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN ~'HE CITY OF DENTON AND MANAGEMENT APPLICATIONS CONSULTING, INC. FOR CONSULTING SERVICES IN CONNECTION WITH THE 1986 RATE STUDY FOR ELECTRIC, WATER AND WASTEWATER SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. N. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with the cities of Garland, Bryan, Greenville and Brazos Electric Power Cooperative, Inch. relating to the sale of electrical power to Texas New Mexico Power Company. Bob Nelson, Director of Utilities, reported that this ordinance would authorize the sale of capacity to Texas New Mexico Power Company, who did not generate electricity. The four TMPA cities had sold to Texas New Mexico and over the next six month period, the City of Denton's portion of the sale would be approximately $400,000 to $430,000 with the possibility of a higher dollar figure for the next year. 237 City of Denton City Council Minutes Meeting of August 5, 1986 Page Twenty The following ordinance was presented: NO. 86-160 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITIES OF GARLAND, BRYAN, GREENVILLE AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. RELATING TO THE SALE OF ELECTRICAL POWER TO TEXAS NEW MEXICO POWER COMPANY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. O. The Council considered adoption of an ordinance authorizing the Mayor to enter into an agreement between the City of Denton, City of Bryan, City of Garland, City of Greenville and Enserch Gas Company for the sale of natural gas. Bob Nelson, Director of Utilities, reported that, coupled with the sale of power to Texas New Mexico Power Company, the'City needed to assure itself of low cost natural gas. The following ordinance was presented: NO. 86-161 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON, CITY OF BRYAN, CITY OF GARLAND, CITY OF GREENVILLE AND ENSERCH GAS COMPANY FOR THE SALE OF NATURAL GAS, AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll " Alford " Hopkins "aye, call vote, McAdams "aye," Alexander "aye, "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. P. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the Texas Municipal Power Pool and interchange agreement by and between the cities of Garland, Denton, Bryan, and Greenville and Brazos Electric Power Cooperative, Inc. relating to pool system operations. Bob Nelson, Director of Utilities, reported that this amendment provided that if any member of the Pool did not have the required reserve, no other member of the Pool would sell capacity to the extent that the entire Pool did not have sufficient reserves. The Pool member who was deficient would have the right .to purchase supplemental capacity from the other members. The following ordinance was presented: NO. 86-162 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO 'THE TEXAS MUNICIPAL POWER POOL AND INTERCHANGE AGREEMENT BY AND BETWEEN THE CITIES OF GARLAND, DENTON, BRYAN, AND GREENVILLE AND BRAZOS ELECTRIC POW 2 3 8 ER COOPERATIVE RELATING TO POOL SY STEM OPE RAT IONS; AND D E CLARI NG AND EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes Meeting of August 5, 1986 Page Twenty-One 8. Resolutions A. The Council considered approval of a resolution for approval of sewer pipeline boring license for Pockrus Road sewer line from Missouri-Kansas-Texas Railroad Company. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated March 19, 1985, between the City of Denton and the Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation by boring method, of one sanitary sewer line encased in a carrier pipe not exceeding eight inches (8") in diameter at Mile Post K-725.77, Denton County, Texas. PASSED AND APPROVED this the 5th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS ~.~O LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution approving a letter agreement with Heard, Goggan, Blair, Williams & Harrison for the collection of delinquent utility accounts in bankruptcy. Debra Drayovitch, City Attorney, reported that this item had been discussed at the July 1 meeting. A tax contract had been awarded; however, the City Attorney was still handling utility bankruptcy. This would provide for one centralized handler. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That. the Mayor of the City of Denton, Texas be, and he is hereby authorized, to execute on behalf of the City of Denton a letter agreement for the collection of delinquent utility accounts in bankruptcy between the City of Denton and Heard, Goggan, Blair, Williams & Harrison. City of Denton City Council Minutes 2 3 9 Meeting of August 5, 1986 Page Twenty-Two SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 5th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. Tabled Items A. The Council considered the table item of the petition of Don M. Bryant requesting a variance of provisions of the City of Denton Subdivision and Land Development Regulations requiring sidewalk, paving, curb and gutter, and drainage improvements for perimeter streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent and west of Hickory Hill Road between Gibbons Road and FM 1830 are proposed. The property is located in the City of Denton's area of extraterritorial jurisdiction (ETJ) and single family development is anticipated. V-30 The item removed tabled. 10. The Council considered nominations to be forwarded to the Denton County Commissioners Court for an appointment to the Denton County Housing Finance Corporation. Mayor Stephens stated that Chris Hartung had resigned from the Denton County Housing Finance Corporation to make room for his successor. Chew motion, McAdams second to appoint Lloyd Harrell to the Denton County Housing Finance Corporation. Motion carried unanimously. 11. There were no miscellaneous matters from the City Manager reported. 12. There were no items of New Business suggested by Council Members for future agendas. 13. The Council considered appointments to the Board of Advisors of Flow Regional Medical Center. Debra Drayovitch, City Attorney, reported that this was not a City board and consideration of appointments could not be handled under Executive Session. Council Member Riddlesperger stated that he felt this item should be resolved. A list of nominees from the Blue Ribbon Committee had been produced and had been altered. Classifications had been added. The Commissioner's Court had not acted. These nominees had 24O City of Denton City Council Minutes Meeting of August 5, 1986 Page Twenty-Three been chosen by the physicians at Flow Hospital; however, substitutions could be made. The Council could not know who the Commissioner"s Court would appoint but 85 names had been submitted and placed on the list. Consensus of the Council was a continuance of this appointment process with Council Members Riddlesperger and Alford dissenting. 14. Consider appointments to the Special Citizens Advisory Committee on capital improvements. This item was taken under the Executive Session. 15. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. 16. No official action on Executive session items was taken. With no further item of business, the meeting was adjourned. CHARLOTTE ALLEN, CITY S~CRETARY 2010g 241 CITY COUNCIL MINUTES August 19, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford, Council Members: Alexander, Hopkins, McAdams and Riddlesperger ABSENT: Council Member Chew 1. The Council received the final version of the 1986 Denton Citizen's Survey and discussed the results. Lloyd Harrell, City Manager stated that this was a traditional project done by the City which in the past had yielded some very valuable information. He introduced Dr. Jim Glass to the Council who was to give some formal results of the 1986 survey. Dr. Glass reviewed the results of the survey with the Council noting various areas where the results warranted comments. He stated that areas of concern for Denton citizens were parks, electricity, and utility billing. He noted that there was significant support for bond programs with the majority of the support going for streets/drainage rather than for parks, etc. Renters were more willing to support the bond projects rather than homeowners. Beautification was more specific this year than others and sidewalks received more support than attractive entrances. Council Member Chew joined the meeting. Glass concluded by pointing out that the citizens felt that growth in the City was too fast but they supported different types of growth. The citizens were willing to pay for services --even adding new services. ~ Council Member Riddlesperger stated that the overall results were encouraging--that the citizens were interested in what was happening in Denton. Council Member Alexander stated that %he fact that the citizens noted that the streets were improving was encouraging and appreciated the effort that was done on the survey. The Council then convened into a joint meeting with the Cable TV Advisory Board at 6:00 p.m. in the Civil Defense Room. 1. The Council and the Cable TV Advisory Board held a discussion of procedures to be utilized by the Cable TV Advisory Board in examining the new franchise for cable TV service in the City of Denton. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members: Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None The Cable TV Advisory Board was introduced with the following members present: Gus Seligmann, Darlene Whitman, and Charlie McNeill. The other members could not attend the meeting. Seligmann stated that the TV Board would like to get some direction from the Council regarding procedures for re-negotiating for franchisement and why a consultant was needed for the negotiations. 242 City of Denton City Council Minutes August 19, 1986 Page Two Julia Moore, Administrative for Public Works was introduced to the Council and spoke for the Cable TV Board. She stated that there were five items to consider during the negotiations. Those areas were service evaluation, financial analysis of present process, consumer market survey to see that new services were needed if any, and legal aspects. A time frame for this process would be 6-8 months. Due to the amount of time required to properly address all of the issues, the Cable TV Advisory Board was recommending that a consultant be hired to assist in the process. Three proposals were currently being looked at and a selection had not yet been made. It was the feeling of 'the Cable TV Board that they wanted the Council to give them the go ahead before they contacted one of the consultants. Council Member Riddlesperger asked how many years the franchise was. Moore replied it was a 10 year agreement. Council Member Riddlesperger asked about the City about looking into the possibility of owning the cable TV company. Bill Angelo, Assistant Director of Public Works, stated that the City of Denton was in a better position than other cities to own a cable company. There was a possibility that the City could look into owning the company but at this time it was not a very viable alternative. Council Member McAdams asked when the current franchise ran out. Moore replied in 1989. Council Member AleXander asked what the Cable TV Board needed from the Council. Moore replied that the Board needed some direction from the Council regarding what to do about a consultant. Council Member Riddlesperger asked that would be gained from a consultant. Seligmann replied that the consultant could look at other areas such as equipment, kinds of services, rather than just at rates. Council Member Hopkins stated that she felt the services of a consultant was in order. Council Member Chew agreed with her statement. Council Member Alexander stated that he felt a full service consultant was more desirable than a limited service consultant. Council Member Chew asked to hear what the other Cable TV Board members felt about the issue. Ms. Darlene Whitman stated that a consultant was necessary especially in the area of adequate legal advice. Ms. Charlie McNeill stated that the Board should talk to the cable TV company itself and get their ideas and their requests. Mayor Stephens stated that it appeared that the consensus of opinion of the Council was that a consultant would be in order. Seligmann stated that the Board would like the authority to hire the consultant and that they were not in favor of the previous consultant that was hired. 243 City of ~e~to~ C±t~ Co~cil ~i~te~ ~9~st 19, 198~ Page Three Seligmann continued that CTIC has many errors in its presentation and did not give good service. The Board did not get what it had paid for. At the time the company was hired, it was all-right but not at this time. His preference would be a comprehensive company. Debra Drayovitch, City Attorney, stated that the contract would have to go to Council since it would be for more than $10,000. The Cable TV Board could make the recommendation for which company to use and then the Council would consider it. Council Member Alexander stated that he would like to see the Cable TV Board take an active role and develop recommendations for the Council. 2. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford, Council Members: Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. The Council received a gift from Mayor John Tilley, Tea Tree Gulley, South Australia, presented by Rev. Roger Hollar of Denton. Rev. Hollar presented Mayor Stephens with a book dealing with the settlement of Tea Tree Gulley. Mayor Stephens thanked Rev. Hollar for the book and stated that it would be sent to the Library for everyone in the City to enjoy. 2. The Council received a presentation of the Dollar-A-Day awards to City of Denton employees. Lloyd Harrell, City Manager, introduced Paulette Owens-Holmes who was the staff person in charge of the "DAD" program. Holmes stated that the program was designed to receive input from City employees on how the City could save money. It was created from the current fiscal situation at hand. It would be run annually. Those employees receiving awards included Ms. Pat Strickland, Mr. John Lobaugh, Mr. Greg Muirhead and Ms. Marsha Williams. Mayor Stephens thanked all of the winning employees and all of the employees who participated in the program for their efforts, and congratulated the winners on their money saving ideas. 3. Public Hearings A. The Council held a public hearing concerning the - petition of Donny Doster requesting approval of a specific use permit in a single family (SF-10) zoning district to permit the development of a 208 bed nursing home on a 4.9 acre tract located on the west side of Carroll Boulevard approximately 1,500 feet north of U.S. Highway 380 (University Drive). The property is further described as a tract in the R. Beaumont Survey, Abstract 51. Before the public hearing began, Mayor Stephens presented to the audience the rules regarding speaking before the Council during public hearings. 244 City of Denton City Council Minutes August 19, 1986 Page Four The Mayor opened the public hearing. Mr. Donny Doster spoke in favor of the petition. He stated that there currently was a nursing home located on the property and that they wanted to expand the facility. Currently they were at 98% capacity and were sending patients to Dallas. He requested that the Council approve the specific use permit. Mr. Lee Keith, Denton County Veteran Service Representative, spoke in favor of the petition. Mr. Keith stated that the present nursing home provided economical beds for people such as the veterans he assisted. He encouraged the Council to pass the petition. Mr. Greg Edwards, Metroplex Engineering, spoke in favor of the petition. He stated that the developer had completed all of the needed requirements and asked the Council to vote in favor of the petit[on. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated a specific use permit was granted by the City Council for this property in 1969. At that time there was no ordinance adopted, or site plan adopted for that specific use permit. Over the years a nursing home facility developed and currently there was a facility existing containing 148 beds. The application would be two fold. One to request an additional 60 beds and second, the granting of the specific use permit would legitimize the existing facility. The proposal complies with all of the requirements of the Development Guide and the zoning ordinance. The Planning and Zoning Commission recommended approval of the proposal with a 6-0 vote. 1. The Council considered adoption of an ordinance approving a specific use permit to permit the development of a 208 bed nursing home on a 4.9 acre tract located on the west side of Carroll Boulevard approximately 1,500 feet north of U.S. Highway 380 (University Drive). The following ordinance was presented: NO. 86-163 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A NURSING HOME; PROVIDING FOR THE REFERENCING OF SUCH USE ON 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, AS AMENDED, AND AS SAID MAP APPLIES TO 4.9 ACRES OF LAND LOCATED ON THE WEST SIDE OF CARROLL BOULEVARD, APPROXIMATELY 1,500 FEET NORTH OF U. S. HIGHWAY 380, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "ayej," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 245 City of Denton City Council Minutes August 19, 1986 Page Five B. The Council held a public hearing concerning a petition of Dimension Development Company requesting an amendment to a planned development (PD-19/PD-82) and approval of a concept plan for the single family (SF-10), single, family (SF-7), cluster housing and park areas located east of Lillian Miller Parkway at the intersection of Teasley Lane (FM 2181). The 161.7 acres was zoned planned development by ordinance 84-109 and permits the development of cluster, multi-family, general retail, single family - 10,000 square feet, single family - 7,000 square feet, office, park .and a community facility site. The amendment would change three areas: 15.00 acres - From: Cluster housing with a total of 120 units To: Single Family with a minimum lot size of 7,000 square feet 30.39 acres - From: Single Family with a minimum lot size of 10,000 square feet To: Single Family with a minimum lot size of 7,000 square feet 28.53 acres - From: Cluster housing with a total of 314 units To: Cluster housing with a total of 339 units The Mayor opened the public hearing. Mr. Rick Neff spoke in favor of the petition. He asked the Council to approve the usage changes that they were suggesting and approval of the concept plan which would give a better idea of exactly what kind of development was going to take place. Council Member Riddlesperger asked if the developers planned to pave the other two lanes of Lillian Miller Parkway. Neff replied no. Council Member Riddlesperger stated that part of the problem was in terms of access and wondered why the paving of Miller was not in the plan. Neff stated that it was not in the plan at this point and did not know if it would be in the future. Council Member McAdams asked if there was going to be right-of-way left for the paving. Neff replied yes that the right-of-way was already dedicated. Mr. Jerry Cott spoke in favor of the petition. He stated that at the beginning of this development, an 8' stone or brick wall was to be built between his property and the developing property. He wanted to make sure that the wall was in the petition and would be built. He also stated that all of the property in that area was zoned on a first-come, first-serve basis. SF-16 zoning was the only zoning available that would not go over the City's Development Guide. 246 City of Denton City Council Minutes August 19, ].986 Page Six Ms. Claudia Brown spoke in opposition of the petition. She asked that if the petition was approved it would increase traffic and that it was very difficult now to get in and out on Lillian Miller Parkway. The Mayor closed the public hearing. Cecile Carson, Urban Planner stated the the planned development was already approved and in place by ordinance 84-109. This was an amendment to that ordinance and a request for approval of a concept: plan. She stated that additional right-of-way had been provided by the developers to construct the additional two lanes of Lillian Miller Parkway. She stated that in the original ordinance there was not a condition that a fence be built between the two properties in question. Technically, the problem of the fence should be addressed during the detailed planning stage and not at this point in time. Overall change does not change the intensity or density in the area. Planning and Zoning approved the petition by a vote of 5-1. Nine reply forms were mailed with one returned in favor. Mayor Stephens asked that the density would not be changed. Carson replied that certain areas would increase but the elimination of the cluster housing and the reduction to single family (SF-7) caused a significant reduction in that area. Mayor Stephens asked how the development would affect the property to the south. Carson replied that it would provide additional flexibility to developers in the future. The surrounding zoning would be looked at when considering a new proposal in that area. Mayor Stephens asked about the property to the north. Carson replied that the property to the north was single family with 10,000" lots. The density was not significantly altered with the change. Mayor Stephens asked Ms. Carson to address the question raised by Ms. Brown concerning the traffic problems. Carson stated that the intensity was not going to be changed so the traffic generation would stay the same. Lloyd Harrell, City Manager, added that Lillian Miller was a part of the Capital Improvement Program that was filed with the Council by the Planning and Zoning Commission. It called for funding to complete Lillian Miller to a four lane section. Council Member Alford asked that in regard to the buffer wall, was it included in the amendment. Council Member McAdams stated that it was not included in the amendment. Debra Drayovitch, City Attorney, stated that the appropriate time to insert the requirement for the screening would be in the detailed site plan approval stage. Council Member Alford asked how they could be assured that it would be there. 247 City of Denton City Council Minutes August 19, 1986 Page Seven Carson explained that the amendment did not affect.the entire southern boundary of the project, it affects only one small part of the project. There could be more problems if the wall were to be required before the detailed site plan was worked out than to wait until the entire plan was developed. The letters and statements from Mr. Cott and the noted conditions in the minutes of the Planning and Zoning meeting, and in the City Council minutes would assure that the wall would be noted. 1. The Council considered adoption of an ordinance approving an amendment to a planned development (PD-19/PD-82) and approval of a concept plan for the single family (SF-10), single family (SF-7), cluster housing and park areas. The following ordinance was presented. NO. 86-164 AN ORDINANCE OF THE CITY OF DENTON, TEXAS~ APPROVING A REVISED CONCEPT PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 84-109, AS SAID PLAN APPLIES TO 161.7 ACRES OF LAND LOCATED EAST OF LILLIAN MILLER PARKWAY AT ITS INTERSECTION WITH TEASLEY LANE, AS IS MORE PARTICULARLY' DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance as presented and to add as a note in the minutes that Council desires that at the time of the review of the detailed site plan, a solid fence along the southern boundary be incorporated into the detailed site plan. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council held a public hearing on a petition of Jack Price, representing First Texas Medical, Inc., requesting approval of a detailed plan and preliminary plat on 4.849 acres of a planned development (PD-1). The Property is located at 2026 West University and shown in the Robert Beaumont Survey, No. 31. If approved, the development of a psychiatric hospital would be permitted with standards as shown on the detailed plan. The Mayor opened the public hearing. Mr. Bob Gladney, Psychological Institutes of America, spoke in favor of the petition. He stated that the development of the hospital was a joint venture between First Texas Medical and Psychological Institutes of America. It would be run and managed by Psychological Institutes of America. He stated that there was a need for this service in this area and would provide benefits to the community in the form of approximately 150 jobs in the area. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the site plan had been approved by the Council. It was a former osteopathic hospital and would not change intensity/density. All of the former conditions had been removed except that the site plan be submitted to the Planning and Zoning Commission and the Council for approval. The plan conforms to all City ordinances. Seven reply forms were mailed with 1 returned in favor and 1 returned in opposition. The Planning and Zoning Commission approved the plan unanimously. 248 City of Denton City Council Minutes August 19, 1986 Page Eight 1. The Council considered an ordinance adoption of an ordinance approving a detailed plan and preliminary plat on 4.849 acres of a planned development (PD-1). The following ordinance was presented: NO. 86-165 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 69-1, AS SAID PLAN APPLIES TO 4.8 ACRES OF LAND LOCATED AT 2026 WEST UNIVERSITY DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council held a public hearing to consider a petition of Whisenant Properties requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district and approval of a concept plan on a 60.2 acre tract located on the south side of East McKinney Street (FM 426) approximately 650 feet west of Loop 288. The Property is further described in the M. Yoachum Survey, Abstract 1442, and the Mary L. Austin Survey, Abstract 4. If approved, the planned development will permit the following land uses: Parcel A - Garden Office - 5.77 acres Parcel B - Two Family (Duplex) - 14.21 acres - 130 total units with a density of 9.15 units per acre Parcel C - Single Family Attached - 40.02 acres - 478 total units with a density of 11.95 units per acr~ The Mayor op.~ned the public hearing. Mr. Jim McElhaney spoke in favor of the petition. He stated that the developers had been before the Planning and Zoning Commission three times and had been denied three times. He presented to the Council a map detailing the development. He stated that in May the developers presented to the Planning and Zoning Commission a concept with lower density and that concept was denied. Staff recommended lowering the dwelling units and eliminating the general retail. He stated that there was a need for this concept plan in Denton. They were not asking for zoning, they were asking for approval of their concept plan. Mr. Gwendyl Mulkey spoke in favor of the petition. He stated that he and his family had formally owned this property and still owned property next to the proposed development. He stated three reasons for approval of the development: the property met the Denton Development Guide for moderate intensity, the property would be more useable than it is now, and he personally felt that it would benefit Denton in the area of increased taxes and jObS. NO one spoke in opposition. The Mayor closed the public hearing. 249 City of Denton City Council Minutes August 19, 1986 Page Nine Denise Spivey, Urban Planner, stated that the property was located in a low intensity area being primarily residential in nature. The area was already over the intensity standard and this development would further intensify the intensity. The office parcel exceeded the standard. Another question dealt with the compatibility of the development with surrounding land uses. There currently existed a SF subdivision, a PD-66, and a platted subdivision. The surrounding land uses were designated single family. She stated that since Planning and Zoning had denied the petition, there would be needed a 6 out of 7 favorable vote to pass the petition. Eight reply forms were mailed out with 5 returned in favor, zero in opposition. Council Member McAdams stated that she would like to see this property developed with single family detached houses. The area was overloaded with apartment complexes and the additional office space was not needed. Council Member Alford was concerned with the fact that three times this particular developer had gone to Planning and Zoning and had been denied three times. He questioned if it would be appropriate to send this proposal back to Planning and Zoning for a further look at the situation of first-come, first-serve which appeared to be happening here. Chew motion, McAdams second to accept the recommendation of Planning and Zoning Commission for denial. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "nay," Riddlesperger "nay," Chew "aye," and Mayor Stephens "aye." Motion to deny passed 5-2 with Council Member Riddlesperger and Mayor Pro Tem Alford casting the "nay" votes. E. The Council held a public hearing on a petition of City of Denton requesting an amendment of an existing planned development (PD-60), and approval of a revised detailed plan, on a a 12.08 acre tract located on the east side of Audra Lane approximately 152 feet north of Paisley street. The property is further described as a tract in the Jonathan Brock Survey, Abstract 55. If approved, the amendment will change the rear yard setback from a 30 foot minimum to a 15 foot minimum building setback. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the original planned development was approved as a basic zero lot line development with a private park area. The development was recently amended to provide front/rear/side yard setbacks to define building separations which were not presented in the 'original plan as well as to eliminate the private park area from the proposal. The building plans included a 30' rear setback. The new plans submitted by the developer had lesser setbacks which required the latest amendment. The 15' yard setback was consistent with other developments. The Planning and Zoning .Commission recommended approval by a 5-2 vote. Council Member McAdams asked why there was a change in the size of the setbacks. Spivey stated that the developer stated that the houses with larger square footage were doing better in the marketing 25O City of Denton City Council Minutes August 19, 1986 Page Ten surveys and designed larger houses for some of the remaining lots. The larger houses would have encroached into the 30' setback and all of the houses now planned would work with the 15' setback. The following ordinance was presented: NO. 86-166 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 86-124 FOR 13.4 ACRES OF LAND LOCATED EAST OF AUDRA LANE AND NORTH OF PAISLEY STREET, AS IS MORE PARTICULARLY DESCRIBED THEREIN; TO PROVIDE FOR A REDUCTION IN THE REAR YARD SETBACK; PROVIDING FOR A PENALTY IN THE AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Hopkins motlon, Alexander second to adopt the ordinance. On roll call w)te, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council held a public hearing concerning the proposed annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approximately one mile south of FM 426 (East McKinney) and 1 1/2 miles north of 1-35E. (A-37) The Mayor opened the public hearing. David Ellison, Senior Planner, stated that this was a City of Denton initiated annexation. The purpose was to have all of the property that would be included within the proposed thoroughfare for the proposed Lakeview Development in the City of Denton. The Parks and Recreation Department requested additional acreage be added to the request for annexation for their planning purposes. There had been no objection to this annexation as proposed. No one spoke in opposition. McAdams motion, Chew second to continue annexation process. Motion carried unanimously. G. The Council held a public hearing concerning the p. roposed annexation of approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately .5 mile east of Mayhill Road and .5 mile west of Swisher Road. (A-41) David Ellison, Senior Planner, stated that this was a voluntary petition for annexation. The staff saw no objection to the annexation. One reply form was mailed, zero in response. A second public hearing would be in two weeks. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Alexander second to continue the annexation process. The motion carried unanimously. 4. ~The Council received a report on a staff analysis of a revised concept plan on the request of Mel R. Lacquement for a change in zoning from the agricultural (A) district to the planned dew~lopment (PD) classification. The property consists of 412.12 acres located on the west side of FM 2164 approximately 1,850 feet north of Hercules Lane. (Z-1815) 251 City of Denton City Council Minutes August 19, 1986 Page Eleven Lloyd Harrell, City Manager, stated that this was the item that was before the Council two weeks ago. At that time, staff stated that they would analyze the proposal and get an ordinance prepared for this meeting. The planning staff was ready to give a complete analysis of the proposal but the ordinance was not ready due to problems in the legal descriptions provided by Lacquement. Debra Drayovitch, City Attorney, stated that at the Wednesday night Planning and Zoning meeting the field notes were furnished. Thursday afternoon a request was submitted; and due to the work load of the staff, it was not possible to prepare the ordinance. Council Member Hopkins removed herself from the meeting. Cecile Carson, Urban Planner, presented the staff report. She stated that there were four changes that the developer had made from the time that the development was presented to the Planning and Zoning Commission and when it was presented to the Council. Those items were requests that the staff had made to the developer prior to the recommendation to the Planning and Zoning Commission and were not made until the Council meeting. Those items concerned the northern collector .street which the staff had requested be terminated because of a problem with the 1/3 mile separation between the intersection of FM 2164 and Loop 288. The 1/3 spacing was necessary for any collector street to meet in order for safety reasons and for signalization. It was terminated and no access would be permitted from the office area on to the collector street. The second change was concerning the multi-family density in the moderate intensity area which would in effect be expanded if the proposal was approved to slightly over 100 acres. The multi-family in question was reduced from the proposal presented to the Planning and Zoning Commission of 20 units per acre to 18 units per acre. This would provide additional flexibility for anyone requesting additional multi-family in that moderate intensity area because 750 .is the maximum amount. The intensity in that moderate area would still be at capacity if the proposal was approved. The third change was with the multi-family use on the western, border of the proposal. The property abuts a light industrial area and was requested as a transition between the single family and the light industrial. The total number of units was reduced to 200 which did not violate the multi-family concentration. The last change was a reduction in the townhouse area in the northwest corner of the proposal. This property was part of the low intensity area to the south. The concentration of one type of land use was not recommended by the Development Guide. This would still remain as one type of land use being townhouses; the change would be in the density that was being proposed. The proposal as shown would reduce the overall density by 127 units by changing one area to 8 units per acre, the area to the east would be 6 units per acre and the third parcel would remain as a 10 unit per acre. The changes as submitted did make the proposal much better as far as land planning was - concerned. If approved, the request for the low intensity area and the moderate intensity area would be at capacity. The staff did receive a proposal for the two adjacent properties to be zoned and they were in the process of going to Planning and Zoning. A number of conditions were recommended by staff to be added to the proposal if the Council approved it. The conditions covered transportation situation which the proposal could not develop unless the transportation improvements were made. 252 City of Denton City Council Minutes August 12, 1986 Page Twelve Council Member McAdams asked that if the area was at capacity, would the adjacent property be zoned SF -7. Carsons replied that the remainder property in the low intensity area would be required to be zoned SF-10 so as not to violate the intensity standard. It would be looked at as a compatibility of the surrounding property. Council Member McAdams stated that the Council should look at the area now so that subsequent requests could be dealt with fairly. Alexander motion, Chew second to direct staff to prepare and bring back an ordinance and include the recommendations staff had made. The motion carried unanimously. Council Member Hopkins returned to the meeting. 5. Consent Agenda Chew motion, Alexander second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. P.O. #74672 - Robert Filters Corporation - $14,101.10 2. P.O. #74752 - General Electric Company - $32,596.00 3. Bid ~9640 - Repair Cooling Towers B. Plats and Replats: 1. Approval of preliminary and final replat of the Denton Square Shopping Center Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Green and Moore Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Holbert-Wyatt Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) 4. Approval of final replat of the Kiowa Trail Estates Addition, Lots 1-10, Block A. (The Planning and Zoning Commission recommends approval.) C. Contract: Consider approval of a lease between the City of Denton and Doris M. Shiflet for office space at 110 W. Oak. 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. 253 City of Denton City Council Minutes August 19, 1986 Page Thirteen The following ordinance was presented: NO. 86-167 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye,'" Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-168 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPE'NDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance that authorized an increase in the number of certified police officers. Lloyd Harrell, City Manager, stated that this ordinance was a Civil Service requirement that once positions in the Police Department were approved, the City Council must authorize additional strength. Four of the positions had already been filled. Two other positions were currently being tested for and those should be filled soon after October 1, 1986. The following ordinance was presented: NO. 86-169 AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED TO BE EMPLOYED IN EACH CLASSIFIED POSITION IN THE POLICE DEPARTMENT FOR THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. Chew motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of an ordinance for proposed oversize agreement with Greenfield-Woods Addition, Owner Teasley Road Associates, Denton, Texas, and/or their Assigns for a new sanitary sewer line. Bob Nelson, Director of Utilities, stated that this ordinance was for an oversizing between and 18" and a 10" sewer line. The area was near the new Loop 288 project. Total cost for the City was $79,280. The Public Utility Board recommended approval. 254 City of Denton City Council Minutes August 19, 1986 Page Fourteen The following ordinance was presented: NO. 86-170 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWERMAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution requesting that the Federal Communications Commission expedite its hearing process in the allocation of MHz bands 821-825 and 886-870 for use by public safety agencies. Bill Angelo,. Assistant Director of Public Works, stated that several 800 frequencies were becoming available by the FCC. Many cities felt that these frequencies should be reserved for use by public safety agencies. He recommended that the Council adopt this resolution in support of that position. The following resolution was presented: RESOLUTION WHEREAS, additional emergency radio frequencies are urgently needed for City public safety use in order to promote the health and safety of the public; and WHEREAS, the City Council has been advised that the City of Mesquite has requested that the Federal Communications Commission allocate MHz bands 821-825 and 866-870 for public safety use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXA.$: SECTION I. That the City Council of the City of Denton urges the Federal Communications Commission to expedite its hearing process in the allocation of MHZ bands 821-825 and 866-870 in order to meet urgent needs of public safety units. SECTION II. That the City Council of the City of Denton urges that in the Commission's determination, effect be given to the Congressional intent of Public Law 98-214 and that MHz bands 821-825 and 866-870 be allocated to public safety use. SECTION III. That the City Secretary is hereby directed to forward a copy of this resolution to the Honorable Mark S. Fowler, Chairman of the Federal Communications Commission and to Brunhilde Nystrom, Mayor of the City of Mesquite, Texas. 255 City of Denton City Council Minutes August 19, 1986 Page Fifteen SECTION IV. That this resolution take effect immediately from and after its passage as the law in such cases provides. PASSED AND APPROVED this the 19th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alexander motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution in support of Denton filing for an application for a grant from the Texas Water Development Board to study regional water needs for communities and non-incorporated areas in Denton County and supporting Denton serving as the administrator for such grant on behalf of the "Water for the Future Committee for Denton County." Bob Nelson, Director of Utilities, stated the this grant would allow various communities to study the needs of water supply for the entire Denton County area. The County would be the administrator but could not apply for the grant. Denton was provider of water which was one of the stipulations of the grant. The following resolution was presented: RESOLUTION WHEREAS, the Texas Water Development Board has funds available for grants for studying regional water supply issues; and WHEREAS, the Water for the Future Committee of Denton County has been exploring water supply issues for cities and non-incorporated areas of Denton County and desires to acquire such funding; and WHEREAS, the offices of the Denton County Commissioners Court have provided the administrative services in coordinating these study efforts and in receiving engineering proposals for conducting such study; and WHEREAS, the Water Development Board funds are only available to existing water utility entities; and 256 City of Denton City Council Minutes August 19, 1986 Page Sixteen WHEREAS, the City of Denton is empowered and authorized to operate a water system pursuant to Article 1108, Tex. Rev. Civ. Stat. and other applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton, on behalf of the Water for the Future Committee of Denton County, desires to submit an application for funding assistance for a study to investigate alternatives for providing water supplies t~ cities and unincorporated areas of Denton County. SECTION II. That the City Manager of Denton is hereby authorized and directed to make application for such funds. SECTION III. That the City of Denton desires to serve as administrator of said grant on behalf of Water for the Future Committee of Denton County, provided that the administration costs be proportionately shared by members of the committee. SECTION IV. That funds for preparing the application for subject grant be supplied from pledged funds collected from member(s) of the subject committee. SECTION V. That a certified copy of this Resolution shall constitute an application and request on behalf of the City of Denton to the Texas Water Development Board pursuant to §355.106, Texas Administrative Code, for approval of the funding described in Section 1 of this Resolution. SECTION VI. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 19th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN~ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 257 City of Denton City Council Minutes August 19, 1986 Page Seventeen McAdams motion, Alexander second that the resolution be approved. On roll call vote, McAdams "aye," Alexander' "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously~ C. The Council considered approval of a resolution for condemnation of approximately 0.5011 acres (located in South McCracken Survey, Abstract No. 817) needed for Stuart Road Right-of-Way between Juno and Loop 288 from Joseph J. Tallal Development. Rick Svehla, Assistant City Manager, stated that the City had tried to negotiate with the developer in this area for the right-of-way so as to extend Stuart Road. The developer had not agreed to what the City considered a fair market price so staff recommended approval of this resolution. The following resolution was presented: RESOLUTION WHEREAS, the City Council of the City of Denton has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereinafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter described rights, title and interest in the hereinafter described land, and that it is necessary that it authorize proceeding in eminent domain to acquire the right, title and interest in the hereinafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain the fee simple title, including all improvements thereof, to the following tract of land situated in Denton County, Texas: 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 S. McCracken Survey, Abst. No. 817, and also being part of a tract of land as conveyed from Denton 185, LTD to Joseph J. Tallal, Jr. Trustee by deed January 18, 1985 recorded in Volume 1718, Page 219 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southwest corner of the south tract, said point lying in center of Stuart Lane; THENCE north 0° 09' east along the west boundary line of said tract and in Stuart Lane, a distance of 705.0 feet to a point for a corner; THENCE east a distance of 13.0 feet to a point for a corner; 258 City of Denton City Council Minutes August 19, 1986 Page Eighteen THENCE south 5° 43' east a distance of 205.43 feet to a point for a corner; THENCE south 0° 09' west, 34 feet east of and parallel to the west boundary line of said tract, a distance of 501.0 feet to a point for a corner, said point lying in the south boundary line of said tract; THENCE north 89° 18' 10" west, along the south boundary line of said tract, a distance of 34.0 feet to the place of beginning and containing 0.5011 acres of land, more or less, of which 0.1780 acres lies within Stuart Road for a net of 0.3231 acres. For street and utility purposes; with the title thereto vesting in the City of Denton; however, there is excluded from said property to be condemned all the oil, gas and sulphur which can be removed from beneath said land without any right whatever remaining to the owner of said oil, gas and sulphur of ingress and egress to or from the surface of said land for the purpose of exploring, developing, drilling or mining the same. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 19th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Hopkins motion, Alexander second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. The Council considered approval of a proposal to allow the Mayor and the City Manager of the City of Denton to approve and sign the promulgation statement and the City of Denton Emergency Management Plan in accordance with the Texas Disaster Act of 1975 and City Ordinance #65-48, Civil Defense (Chapter 7). Bill Angelo, Assistant Director of Public Works, stated that this was a major revision of the emergency management plan which was last revised in 1980. The major change was that the program would remain a joint venture with the City and the County but there would be two separate plans for emergencies. Chew motion, McAdams second to approve the proposal. Motion carried unanimously. 259 City of Denton City Council Minutes August 19, 1986 Page Nineteen 9. Tabled Item A. The Council considered the petition of Don M. Bryant requesting a variance of provisions of the City of Denton Subdivision and Land Development Regulations requiring sidewalk, paving, curb and gutter, and drainage improvements for perimeter streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent and west of Hickory Hill Road between Gibbons Road and FM 1830 are proposed. The property is located in the City of Denton's area of extraterritorial jurisdiction (ETJ) and single family development is anticipated. McAdams motion, Alexander second to remove the item from the table. Motion carried unanimously. Debra Drayovitch, City Attorney, stated that Dick Kelsey had met with her and Joe Morris on two occasions and tried to work out the problem with the variance. She continued that there was a very good and honest disagreement as to whether or not the law requires that a piece of property in a situation such as Mr. Bryant's be platted and subject to those requirements. We explored the possibility of obtaining an Attorney General's opinion on the case and have a contract between the City and Mr. Bryant whereby the Attorney General's opinion came down in favor of the City, he would escrow the money for the improvements. There was an opinion by the Attorney General that subdivision rules applied to those developments within the City limits as well as in the ETJ. Council Members Hopkins asked if it was correct that because the location of the property was a certain distance from the City and closer to the City of Argyle that it would be legally within our rights to grant a variance. Drayovitch answered yes, in her opinion. Council Member Chew read from a memo from the City Attorney, "I would offer the comment of legalities aside, I believe that in view of the distance of Mr. Bryant's property from the city limits, I certainly think it would be a reasonable decision for the City Council to grant the variance. I might add that upon review of the conditions set forth and the regulations that must be met to warrant a variance, it is my opinion that they are overly strict. I requested Joe to take a good look at these criterias and his revision of the regulations and to draft some revisions to this particular section." Council Member McAdams stated that she was unclear about the phrase "legalities aside". Drayovitch replied that she felt it was almost impossible for anyone to meet those criteria. She stated that it was not a legal decision, it was a factual determination by the Council as to whether or not those criteria are met. Council Member Alexander asked the Attorney that was it her opinion that granting of the variance would not make it more difficult for the Council to enforce the requirements in other situations. Drayovitch replied yes, that was her opinion. Lloyd Harrell, City Manager, stated that it was the position of the staff that in view of the City Attorney's finding, that indeed there was some question on both sides concerning the enforcing of these standards. Staff would suggest that the Council look at this as an individual item and that if the 26O City of Denton City Council Minutes August 19, 1986 Page Twenty Council found that because of the individual circumstances that this did warrant a variance, then grant the variance. Riddlesperger motion, Chew second to grant the variance. Motion carried by a 5-2 vote with McAdams and Stephens casting "nay" votes. 10. The Council received a report on miscellaneous matters from the City Council. City Manager Lloyd Harrell stated that there would be continued budget hearings on Saturday. These would be held in the Civil Defense Room. 11. New Business No items of New Business were suggested by Council Members for future agendas. 12. The Council considered an appointment to the North Texas Higher Education Authority. Mayor Stephens stated that the reason for the need of an appointment according to Ms. Nita Stallings, was that the position from North Texas would soon be vacant. McAdams motion, Chew second to select Mr. Lindsey Keffer. Motion carried unanimously. 13. The Council considered authorizing the Mayor to establish a Senior Citizens Opportunities Committee. Chew motion, Alexander second to authorize the Mayor to establish a Senior Citizens Opportunities Committee. Motion carried unanimously. Emergency Agenda Item The Council considered a resolution in support of not cutting funds to higher education. The following resolution was presented: RESOLUTION WHEREAS, at this critical juncture in the Select Committee on Higher Education's study, as the Legislature meets in a crucial special session to consider issues of extreme importance to this State, the City Council of the City of Denton is of the opinion that any attempt to solve the deficit problems facing the State solely by reducing expenditures would be short-sighted, and most detrimental to the future of higher education in Texas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas calls upon the Legislature to consider favorably a combination of judicious spending reductions and the enactment of legislation providing for additional sources of public funding. By following this equitaDle and reasonable course, the Legislature will assure our colleges and universities of continued support and our citizens will be assured that public education of the highest quality will be preserved and not allowed to deteriorate. 261 City of Denton City Council Minutes August 19, 1986 Page Twenty one SECTION II. That the City Secretary is hereby directed to forward a copy of this resolution to the Governor of the State of Texas; the Lieutenant Governor of the State of Texas; the Speaker of the House of the State of Texas; and the Select Committee on Higher Education of the State of Texas. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of August, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alexander motion, Hopkins second to adopt the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 13. There was no official action on Executive Session items of legal matters, real estate, personnel or board appointments. 14.· The Council reconvened in the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. Jennifer Imrie, Deputy City Secretary 0384e 262 City Council Minutes August 26, 1986 The Council convened into the Special Called Meeting at 4:00 p.m. in the City Manager's Conference Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. The Council considered a review and continuation of the selection process for the Municipal Judge. This item was taken under the Executive Session. 2. The Council convened into the Executive Session to discuss personnel/board appointments. No official action was taken. The Council convened into the Special Called Meetingat 6:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager and City Attorney ABSENT: None 1. The Council held a review and tentative resolution of major policy issues of the 1986-87 annual program of services. The Council then convened into the Special Called Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 1. The Council held a public hearing on the proposed tax increase and approval of a date for the tax rate vote. The Mayor opened the public hearing. Mr. Jesse Coffey stated that he was against any tax increase. Mr. Coffey then presented some figures involving the growth of Denton. These figures were obtained from the City of Denton Finance Department and also from General Telephone. In 1980 there were 26,435 connections for the phone company; in 1985 there were 34,725 which was an increase of 31%. These numbers did include commercial telephone accounts and did not necessarily reflect the number of residential telephone users. North Central Texas Council of Governments information showed the population on Denton in 1980 to be 48,218; the population in 1985 was 55,022 which was an increase of 14%. City of Denton information showed the population in 1980 to be 48,063; based on land use projections, the population in 1985 was 60,000 which was an increase of 25%. There were an estimated 17,000 electrical connections in 1980 and 25,000 in 1985 for a 47% increase; 14,500 water connections in 1980 and 16,500 in 1985 or a 14% increase. Based upon these figures, a 20% increase in population would be approximately correct. Mr. Coffey stated that he owned an apartment complex and there had been a 76% increase in City taxes on those apartments over a five year period. The electrical bill at the apartments has increased 100% with a 12% increase in usage; the water/sewer bill had increased 146% with a .3% in usage. If the City owned the utilities and if the utilities were to support City operations with no tax increase, it was not working. County taxes had increased 83% and the school taxes had increased 57% during the same period of time. The number of City employees had increased by 25% and the amount of total salaries had 263 City of Denton City Council Minutes Meeting of August 26, 1986 Page Two increased 90%. The City budget in 1980 was $40,775,605; the proposed budget for 1986-87 was $110,078,332 which was a 170% increase. This was a tremendous increase. The. Federal, State, County, School District and City were all talking about raising taxes. Mr. Coffey concluded by asking the Council to please put a cap on taxes; the increase in population did not justify an increase in taxes. Mayor Stephens stated that the Council was not looking at the $110,000,000 budget but rather the General Fund of the City. The utilities were governed by rates. Mr. Floyd Martin stated that he was retired and had paid taxes to the City for 38 years and felt he would be "ripped off this year." The Tax Appraisal District had raised the evaluation on his house by 38% and on his property by 60%. Now the City was talking about raising his taxes 54%. During the 38 years he had lived in Denton he had asked the City to do two things; when his street was repaved, the curb and sidewalk in front of his home had been torn up and he has asked for it to be repaired. Last year he had:tried to get the City to abate a weed problem on a lot. City Manager Lloyd Harrell responded to Mr. Martin by reported that the City did not have anything to do with the assessment of property values. The Council was considering keeping the current tax rate of 59%. This tax rate, coupled with the reassessment completed by the Tax Appraisal District, would result in an average increase in City of Denton taxes of approximately 10%. Mr. E. N. Craven spoke stating that he had lived in Denton since 1984 and had checked the tax rates prior to relocating. The first year his property was taxed as a lot; the second year it was taxed as a residence valued at $68,814. This year, after the reappraisal, the value was set at $84,903. The citizens and elected official had to understanding that this could not continue to go up. Mr. Craven concluded by asking the Council to do their utmost to hold down the taxes. Retired and middle class residents could not continue to pay taxes which increased by 10% each year. Mr. M. C. Burch spoke stating that he felt the tax board should look at the assessments. Regarding annexations, real estate brokers asked people if they wanted to buy property and would then get the property annexed and zoned. If the property did not' develop, the City should collect back taxes on the higher zoning. Regarding franchise taxes, Mr. Burch stated that he would hate to be the victim of double taxation. Mr. Jesse Coffey directed his comments to the City Attorney asking if the proposed increase in revenue would exceed the legal limit which would cause a roll-back election. Debra Drayovitch, City Attorney, responded that it was her understanding that it did. Coffey asked if this would be posted in the paper with time limits, given the amounts and how much it exceeded the limits; would this become public notice? Drayovitch responded that all of the requirements for the property tax code would be met. After this meeting, there would be a notice stating that the City Council had conducted a public hearing on a proposal to increase the property taxes by the percentage of the increase over the effective tax rate. Coffey requested a letter from the City Attorney Outlining the City Council's action and the amount by which the tax exceeded the legal limit if a public notice was not required by law. 264 City of Denton City Council Minutes Meeting of August 26, 1986 Page Three Drayovitch asked if Mr. Coffey meant the effective tax rate. Coffey responded yes; at what point would a roll back election be called. Drayovitch responded that it was 8%; the City was at 10.1%. Coffey asked if the City of Denton, as owner of the utility system, had to file their rates with the Public Utility Commission and have them approved. Drayovitch responded no. Coffey asked if there was any remedy under law for citizens to protest 100% and 146% utility increases over a period of five years. Drayovitch suggested Mr. Coffey contact an attorney because the only remedy she knew of was to go to court. There were certain instances wherein the jurisdiction of the Public Utility Commission could be invoked. She did not believe rate setting was included. City Manager Lloyd Harrell reported that the proposed City budget was very conservative. There were problems on the revenue side due to lower sales tax revenues, loss of revenue sharing, and a decrease in building permits. There was an expected shortfall of $11,000,000 in the General Fund. Regarding the comments regarding the increase in the number of City employees, the percentage increase was less than the increase in population Denton had experienced. Regarding salaries, the City of Denton was still below the market average of other cities. Council Member Riddlesperger stated that the state set standards for City fire and police personnel but did not furnish any funds to help meet those standards. Council Member McAdams stated that even in Dallas, with a large industrial base, was experiencing major budget problems. Council Member Alexander stated that there was a close relationship between the cuts in federal funds being returned to the local level and the increases in local, state and school taxes. Council Member Riddlesperger stated that the Human Resources Committee had been forced to recommended increases in City of Denton funds to offset moneys not being received from the federal and state sources. Council Member Hopkins expressed her appreciation to those attending the public hearing and giving input. Council Member Chew stated that the proposed budget was the best prepared and most conservative one he had seen in his five and one- half years on the City Council. The funding responsibility had been past down from the federal to the local level. The City was trying to provide services and the same quality of life to its citizens but with less dollars. The Council would consider both the 57% and 59% tax rate during this budget process. Taxes would be reduced when the industrial tax base was broadened. Mayor Stephens stated that the Council Members were also taxpayers and as such, would scrutinize the expenditures of the City. During budget time, people had a variety of interests (parks, recreation programs for youth, the Senior Center, etc.) for which they sought continued or increased funds. Quality economic development was needed to assure the continuation of the quality of life which Dentonites had come to expect. The Mayor closed the public hearing. 265 City of Denton City Council Minutes Meeting of August 26, 1986 Page Four Alexander motion, Chew second to take the tax rate vote on September 9, 1986, at 7:00 p.m. in the City Council Chambers of the Municipal Building. Motion carried unanimously. 2. The Council reconvened into the Executive Session to discuss legal matter, real estate, personnel/board ~appointments. No official action was taken. With no further items of business, the meeting was adjourned. CHARLOTTE ALLEN, CITY SECRETARY 1662a 266 CITY OF DENTON CITY COUNCIL MINUTES September 2, 1986 The Council Convened into the work session at 5:30 p.m. in the City Manager's Conference Room in the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew Hopkins, McAdams, and Riddlesperger ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None Agenda item :~2 was moved forward in the agenda order. 2. The Council received the presentation of awards for beautification effort to the City. Bob Tickner, Superintendent of Parks, presented the awards. The winner in the residential category was Ann and John Garling and the commercial category winner was Ms. Gloria Burck for San Jacinto Plaza. Mayor Stephens presented the award to the Garlings. Mrs. Garling stated that it was a great honor to receive the award. She wanted to thank America for giving them the opportunity to buy just a small piece of this great country. Mayor Stephens presented the award to Ms. Burck. Ms. Burck expressed her gratitude and stated that it was a team effort. The Council then returned to the regular agenda order. 1. The Council considered approval of the Minutes of the Special Called Meeting of June 19, 1986 and the Special Called Meeting of June 26, 1986. McAdams motion, Alexander second to approve the Minutes as presented. Motion carried unanimously. Mayor Stephens presented the rules for public hearings. 3. Public Hearings A. The Council held a public hearing on the proposed 1986-87 Annual Program of Services. The Mayor opened the public hearing. Greg Taylor addressed the Council. He was concerned about the firefighters wages and referred to the general pay plan for the City of Denton. He stated that only the firefighters (Civil Service employees) did not have step raises. A program was submitted by the Fire Department to include step raises for the 267 City of Denton City Council Minutes September 2, 1986 Page Two firefighters but it was not accepted. He asked the Council to look at the inequality of the pay plan. E~en the aivilian employees of the fire department received step raises. He asked to try and equalize the pay plan for the firefighters. Baxter Ireland addressed the Council. He stated that t.he City needs to cut back--that the budget could be smaller. With the new residents in town, the tax base is larger. Hold the line on the budget--don't increase it. Dan Wall addressed the Council. He stated that even though things seemed tight, he had found some inconsistencies in the City. For example, when he went through the North Lakes Park, he found the lights were on the driving range and the tennis courts and no one was there. He felt that if money was tight, there had to be a better way to spend money than to leave the lights on with no one there. If the City was trying to show the citizens that they are trying to keep the budget in line, the citizens would not be so opposed to paying taxes. Karen Conner, a member of the Human Resources Committee, spoke to the Council. She referred to the fact that in the current budget recommendation the money for Human Resources Committee agencies be kept at last year's level. She stated that the State and Federal governments had already made cuts and had plans to make more. The Federal and State governments expected the local governments to assist more in the support of social service agencies. She continued that the moderate increases that they were asking for would in no way make up for the cuts already felt by the State and Federal governments. If the funding were to remain at last year's level, grant money would be in jeopardy. In addition to the Federal and State cuts, the population of Denton had been growing rapidly and that increase was causing a greater demand for services. Council Member Riddlesperger complemented Ms. Conner for her work on the Human Resources Committee. Peggy Keller, R.S.V.P., addressed the Council. She stated that the agency was funded by a variety of sources but that most of those sources had already made cuts in their funding. She stated that the local government was making cuts to local people not just faceless people. If the services were cut, the fat was not being cut from the programs, the necessities were. Council Member Riddlesperger stated that he felt strongly for R.S.V.P. It was not asking help for itself, it was asking help for others. Council Member McAdams felt that not all the programs had been given equal time. She mentioned Handi-Hop/Span. If a cut was made there, a possiDle cut was being made for people to obtain jobs. She compared the benefits for the young in the day care centers with the benefits for the old in SPAN, R.S.V.P., etc. Barbara Lewis, asked the Council to remember the pri.orities that every one of these agencies need. That cuts could effect the quality of services of not only the day care centers but the other agencies as well. Barbara Naplin addressed the Council regarding cuts in the budget to the Human Resources Committee agencies. She stated that the state funding depended on sustained local f.unding. 268 City of Denton City Council Minutes September 2, 1986 Page Three Roberta Donsbach of SPAN addressed the Council. She stated that the message they are now getting from the Federal Government is that the local communities are wanting to support these agencies. She stated that as a taxpayer she would look at the quality of life here which is very good. She would rather have to pay more taxes than not have the services available. Council Member Chew defended SPAN saying that it was a top quality operation and really added a lot to the quality of life in Denton. Council Member Riddlesperger stated that both facets of serving the young and old were important. He complimented the Human Resources Committee on the wonderful job they had done. Council Member Alexander stated that the comments presented had made an impression on him and that he would take them into consideration when finalizing the budget. Council Member McAdams stated that the SPAN program had been viewed as a model to other communities and states in that they provided the quality of services that they do with the amount of funding they received. The Mayor closed the public hearing. Council Member Hopkins stated that her silence has not meant that she was not taking into account all that was being said. She appreciated the concerned citizens coming to speak to the Council. Council Member Alford stated that the Council did know what was taking place and that the next two weeks would be filled with lots of thought and concern. Mayor Stephens stated that the Council appreciated the presentations that everyone had made and that the Council would take comments and suggestions into account when finalizing the budget. Lloyd Harrell, City Manager addressed the Council regarding some highlights on the budget. He stated that this budget would allow the City to ~read water, with no giant steps forward in improving the quality of life in the City but also not slip back. The only new positions for staff would be revenue producing positions or positions that were mandated by previous legislation. The City was asking its employees to do more with not as great of pay. It would be a challenge for departments to operate this next year with all the items that have been squeezed down to the minimum. He stated that revenues were a problem for the City and that sales tax growth had had a major drop-off as had building activities. He referred to the problem of the firefighters pay plan. He stated that they were trying to fund a comprehensive look at the entire pay plan but there wasn't the money to do that. Financial realities dictate that the City wait another year or two to do this comprehensive look at the pay plan. He agreed that something needed to be looked at in regards to the lighting remaining on at the recreation facilities when no one was there. He stated that procedures would be changed if needed to correct this problem. In the social service areas, Harrell stated that while it was important to fund those agencies, the budget was tight and had to cut some in those areas to be equitable for all departments. Harrell concluded by saying that the budget was very well prepared and that much thought had gone into it. 269 City of Denton City Council Minutes September 2, 1986 Page Four B. The Council held a public hearing concerning the proposed annexation of approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road~approximately .5 mile east of Mayhill Road and .5 mile west of Swisher Road. (A-41) The Mayor opened the public hearing. David Ellison, Senior Planner, stated that this was a voluntary petition and was the second public hearing. It was a reasonable request. The institution of annexation proceedings would be at the special called meeting of September 23, 1986. No one spoke in opposition. The Mayor closed the public hearing. 4. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid #9632 - Underground duct bank system 2. Bid #9644 - CIP utilities Airport Road sanitary sewer B. Plats and Replats: 1. Approval of preliminary and final replat of the H. V. Hennon Subdivision, Lots 2 and 3. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Wooded Acres Subdivision, Lot 2, Block 4. (The Planning and Zoning Commission recommends approval.) C. Change Orders: 1. Consider approval of Change Order #1 to Bid # 9609, Purchase Order # 73633 for the Stuart-Seline Project. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-171 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR pUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 27O City of Denton City Council Minutes September 2, 1986 Page Five Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance approving a request for a change in zoning from the single family (SF--10) district to the planned development (PD) classification on an 18.24 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. The property is further described as a tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbottom Survey, Abstract 775. (Z-lB14) The following ordinance was presented: NO. 86-172 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, AS AMENDED, AND AS SAID MAP APPLIES TO 18.24 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY 380 AND OLD NORTH ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "SF-10" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICt' CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving a request for a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a concept plan on a 412.12 acre tract in the Thomas Toby Survey, Abstract 1288. The property is located on the west side of FM 2164 approximately 1,850 feet north of Hercules Lane. (Z-1815) The following ordinance was presented: NO. 86-173 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, AS AMENDED, AND AS SAID MAP APPLIES TO 412.12 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 2164, APPROXIMATELY 1,850 FEET NORTH OF HERCULES LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. 271 City of Denton City Council Minutes September 2, 1986 Page Six Alford motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance abandoning and vacating certain utility easements. Bob Nelson, Director of Utilities, stated that this was a utility easement which Brazos used as a transmission line for a new power plant. This was a quit claim and was giving the property back to the residents in the area. The following ordinance was presented: NO. 86-174 AN ORDINANCE ABANDONING AND VACATING CERTAIN UTILITY EASEMENTS AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance amending water rate schedule W3 ("Water Sale for Resale to Governmental Agencies, Divisions or Subdivisions"), as adopted by ordinance No. 84-137, to provide for a revised rate for such sales made by contract after June 1, 1986. Bob Nelson, Director of Utilities stated that the rate needed to be applied to the water sale. The rate~ consultants had looked at the rate and recommended it along with the Public Utility Board. Mayor Stephens asked if this was treated water. Nelson replied yes that it was treated water that came from Dallas. Stephens asked if this would affect the water treatment plant as the City had more of these types of sales. Nelson replied yes and that this contract with Lake Cities was an interim contract which would allow Lake Cities to buy a piece of the new water plant and be a joint owner with the City. The following ordinance was presented: NO. 86-175 AN ORDINANCE AMENDING WATER RATE SCHEDULE W3 ("WATER SALE FOR RESALE TO GOVERNMENTAL AGENCIES, DIVISIONS OR SUBDIVISIONS"), AS ADOPTED BY ORDINANCE NO.. 84-137, TO PROVIDE FOR A REVISED RATE FOR SUCH SALES MADE BY CONTRACT AFTER JUNE 1, 1986; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 272 City of Denton City Council Minutes September 2., 1986 Page Seven F. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized sewer main. Bob Nelson,~ Director of Utilities, stated that the school district was proposing an elementary school on Hickory Creek Road. They needed to extend a sewer line which required only a 10" line but the regional area required a 15" line. The Public Utility Board recommended approval. The following ordinance was presented: NO. 86-176 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZE SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "ayes" Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance providing for one-way traffic west bound on Highland Street from Welch Street to Avenue A and on Highland Street from Avenue D to Avenue E. Rick Svehla, Assistant City Manager stated that at the August meeting the Traffic Safety Support Commission reviewed the request from North Texas. The present traffic flow was confusing and the Traffic Commission was recommending that Highland become one-way. Mayor Stephens asked if the Commission was aware of the impact that was going to be made at the corner of Welch and Avenue A if a traffic light was not installed at the same time as the change in t~affic flow. Svehla replied that staff looked at the fact that if Highland was one-way going west that one of the conflicting movements was eliminated. Stephens motion, Chew second to table the ordinance for further study. Motion failed on a 5-2 vote with Alexander, Alford, Riddlesperger, Hopkins, and McAdams casting the "nay" votes. Mayor Stephens stated that he felt an overall study should be done before any action was taken and to look at the overall area before changes were made. Svehla stated that there was a signal at Eagle and Welch being planned. The Commission looked at the directions that occur in that area. There were conflicting movements in the area which could be streamlined by making the street all one-way or all two-way. NTSU had asked to make the street all one-way. A traffic count had not been done but it probably would not meet the standards required for a signal. Council Member Alexander stated that he would like to go on the recommendation of the Traffic Safety Committee. They had reviewed it and the Council should defer to their judgment. 273 City of Denton City Council Minutes September 2, 1986 Page Eight Hopkins motion, Riddlesperger second to adopt the ordinance with the amendment that it not be implemented until the new signal at Welch and Eagle was operative. Hopkins amended the motion directing the City Attorney to amend the ordinance as stated above. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stephens "nay." Motion carried with a 5-2 vote. H. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the west side of' Austin Street from its intersection with Pecan Street to its intersection with East Oak Street. Rick Svehla, Assistant City Manager, stated that this request was from Mr. Joe Hopkins who owned the property adjacent to the request. This ordinance would remove the parking along the side of his building where the underground parking garage was. The Traffic Safety Support Commission recommended approva'l. The following ordinance was presented: NO. 86-177 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF AUSTIN STREET FROM ITS INTERSECTION WITH PECAN STREET TO ITS INTERSECTION WITH EAST OAK STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution appointing the Special Citizens Advisory Committee on capital improvements. Lloyd Harrell, City Manager, stated that this resolution would formally appoint the Special Citizens Advisory Committee on capital improvements. There were approximately 51 individuals on the committee which would take the capital improvements program as submitted by the Planning and Zoning Commission, review the document, make suggestions to the Council for modifications. The following resolution was presented: RESOLUTION SECTION I. In accordance with the Resolution of the City Council adopted on the 15th day of July, 1986, the following individuals are hereby appointed to serve as members of the Special Citizens Advisory Committee on Capital Improvements: Karen Abernathy Elinor Hu~hes Hugh Ayer Dave Krause Geneva Berg Jo Luker Homer Bly Darla McDade Bill Brady Jack Miller 274 City of Denton City Council Minutes September 2,. 1986 Page Nine Derrell Bulls Allie Miller Lucy Campbell Ralph Morrison Mike Campbell Clovis Morrison, Jr. Bill Claiborne Bettye Myers Jake Craven Kathy Orr Bob Crouch Lisa Patterson Bill Crouch Fred Patterson Frank Davila William P. Phillips Roberta Donsbach Harold Reed, Jr. George Edwards Larry Reynolds John Enlow Richard Salazar Hazel Frederick Joe Short Robbie Gober Chuck Smith Bob Gorton Sue Smith Helen Hailey Don Smith Tom Harpool Benny Snider John Harris Donna Trammell Lloyd Hindman Ed Wolski Joe Holland Donald Wright, President Ann Houston A.E. Wyatt John Hughes SECTION II. That it shall De the charge of said Committee to make recommendations to the City Council on the manner of implementing the City's five-year Capital Improvements Plan. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of September, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENg?ON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On " Hopkins "aye " roll call vote, McAdams "aye," Alexander "aye, , Alford "ayes" Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. The Council considered approval of sanitary sewer service outside the City limits for Mr. Ray L. Baker. Bob Nelson, Director of Utilities, stated that Mr. Baker lived in the Forest Ridge area had requested sewer service. There was a sewer line directly behind his property that could easily serve the property. The Public Utilities Board recommended approval. 275 City of Denton City Council Minutes September 2, 1986 Page Ten Chew motion, Alexander to approve the sanitary sewer service outside the City limits. Motion carried unanimously.. 8. The Council considered approval of sanitary sewer service outside the City limits for Ms. Norma Harrison. Bob Nelson, Director of Utilities, stated that this was the exact situation as Mr. Baker, in fact, Ms. Harrison was a neighbor of Mr. Baker's. The Public Utilities Board recommended approval. Riddlesperger motion, Alexander second to approve the sanitary sewer service outside the City limits. Motion .carried unanimously. 9. The Council received an update on Flow Memorial Hospital. Debra Drayovitch, City Attorney, stated that she was pleased to report that the attorneys met last Wednesday for approximately 4 hours and reached a tentative solution so that the issue of the deed could be resolved. It was unfortunate that some statements had been made that the attorneys had stalled the agreements and that it had been deliberate. She felt that each attorney was doing his best to represent the interest of his respective clients. With respect to the deed, the City was of a different interpretation than the hospital's attorneys. A compromise had been reached and it involved the fact that the City and the County would have the option to purchase the hospital property in the event that the hospital ceased to be operated as a non-profit corporation providing hospital services. The option to purchase would take place with nominal consideration, i.e. $10, but would be only able to be exercised after the City and County had given notice to the hospital corporation that they were not in compliance with the conditions of the deed. When the negotiations took place, everyone agreed to present to his respective clients, deadlines within which the hospital would have the right to recommence as a non-profit corporation and/or provide hospital services as the case might be. The City felt that a lengthy period in which the hospital would have an opportunity to cure the defaults, would not be necessary because you either had non-profit status or you had a letter from the IRS saying you are not a 501C3 corporation. Moreover, if hospital services were being provided on the property by a physician, nurses, it doesn't intail that every single unit or room be operational, but that hospital services of some sort are being provided on the hospital property. For those reasons, the City did not feel that a long notice period was necessary. I]f was her understanding from her attorneys, that the hospital attorneys had asked that as long as the hospital corporation was using due diligence to cure the alleged default, the City and the County could not exercise it's option. This was something the Council had to decide on. It was not really a legal issue, it was a question of how the Council would like to proceed on this matter. It should be pointed out that even with resolution of this matter, there would still remain a number of steps necessary that must be taken prior to the closing of this property. The only actions that remain necessary on the part of the City and the County are the appointment of the Board of Advisors and two other steps which would take place right at closing (a list of all outstanding malpractice claims and a determination of whether or not to use Hill-Burton eligibility standards). 276 City of Denton City Council Minutes September 2, 1986 Page Eleven Council Member Alexander asked if the difference in what the City had anticipated would be the case and what the hospital attorneys had recommended, was that a due diligence clause was added to the agreement. Was that the only real difference which would[ have the effect of a longer of period of time, in all probability, before the City and the County could make the repurchase. Drayovitch replied yes. She went on to explain that it went a little bit further than that. The City also wanted to insert a due diligence clause, but the City felt that there should be a time limit on that of perhaps six months to a year. The City felt that within a year some sort of hospital services could be offered even if the entire facility were destroyed. The result of the open-ended clause as opposed to having a fixed limit, like six months or a year, was that at any point if the City wished to exercise the option and the hospital was not in agreement, we would be forced into litigation which would possibly go on for a good long while. Council Member Hopkins asked if the hospital was not in agreement with the time limit. Drayovitch responded that the hospital felt that so long as they could prove that they were using due diligence, that the option would not be triggered. Council Member McAdams stated that in effect the hospital could be operating with the IRS having said it was no longer a non-profit corporation but they could continue to operate and the City in effect would not have any option for however long the hospital said they were being diligent in trying to get that opinion reversed. Drayovitch stated that that was exactly right. Council Member Alexander stated that this mechanism would also require the City and County to come agreement to actually file the suit. Drayovitch stated yes if the City were denied the option to repurchase. This still did provide for a very strong remedy in the case of non-compliance or a violation of the covenants. It was the strongest remedy she thought the City could have. Council Member Alexander stated that the primary argument for the due diligence clause without time restrictions on the part of the attorneys for the hospital was that that kind of provision would enhance the ability of the hospital to provide financing. Drayovitch stated yes for the option to repurchase as opposed to an automatic reverter. Alexander asked why the hospital was unwilling to put on a reasonable time limit. What was the logic and argument behind their side of that position. Drayovitch replied that she felt that if she were on the other side, she would fight for the very same thing. She would negotiate to give as much flexibility and as much protection as she could. Council Member McAdams was troubled by the fact that if the intention of the three groups was to salvage the hospital and do this as quickly as possible, why was it being fought out as 277 City of Denton City Council Minutes September 2, 1986 Page Twelve though we were foes and demanding every possible protection in terms of them having as long as possible to hang on to that rather than having it revert if it ceases to operate as a non-profit institution. Drayovitch stated that she had articulated that same thought at Wednesday's meeting. Going back to the very first charge of the Blue Ribbon Committee, the thread throughout all of these past months, was the reason why the City and County were not selling to a for-profit institution was because of this group's pledge to continue to operate a non-profit hospital providing public health care services. Council Member McAdams stated that it was very clear to her that neither the City nor the County wanted to operate the hospital and that was why they were trying to pass it on to someone else. Why would the hospital corporation think that the City would want to take it back. Drayovitch stated that that was another reason why the option to repurchase was favorable to the City because it need not, if the City or County did not wish to exercise it, they were not bound to it. But at the same time, if something were to happen and the continuation of those services were in jeopardy, if the governmental bodies decided that they wished to continue, they would have the opportunity. Council Member Riddtesperger stated that he felt this was an example of how the lawyers had been arguing for three or four months. Lay people cannot understand why these three set of lawyers can't get together in a concept that the :Council and the Commissioners Court had agreed to the basic concept, why they can't get together and do it. The City was allowing the hospital to bleed to death while arguing over incidental matters. The agreement was simple enough that they would return the hospital, they would give us a chance to buy it back if it did not operate as a hospital. He felt that was all that was necessary to put in there. He would recommend that the City accept the concept presented here and go ahead and fix the contract. Council Member McAdams stated that she had a real concern that the County and the City were in agreement on the issue that they don't really want the hospital back. However, if it would cease to be a public-type hospital, the City wanted to make certain that they could get that facility back if they desired and somehow provide that service to the people in the County. Council Member Riddlesperger stated that he felt at times that the lawyers were trying to kill Flow. The doctors and the people that the City were depending upon were saying that the City was not doing its job. Council Member Hopkins asked the Attorney if she felt the hospital would accept any type of time frame or were they against any time limit. Drayovitch stated that it was to be open ended. Hopkins asked if Drayovitch felt the City was protected enough in this instance since it could possibly go to litigation. Drayovitch replied that it was a more significant protection than what was originally proposed. 278 City of Denton City Council Minutes September 2, 1986 Page Thirteen Council Member Alexander asked the attorney if the Council needed some type of motion or action to give her direction. Mayor Stephens replied that the Council could not give her motions as the item was just to receive an update. Drayovitch asked if the Council was willing to accept the proposal of Mr. Butterfield on behalf of the hospital. Council Members McAdams and Chew replied no. The Council considered the agenda addendum before them. Agenda Addendum 1. The Council considered adoption of an ordinance authorizing the purchase of .3231 acres of real property for street improvement purposes, said property being situated in the City of Denton, Texas and being part of the S. McCracken Survey, Abstract No. 817. The following ordinance was presented: NO. 86-178 AN ORDINANCE AUTHORIZING THE PURCHASE OF AN EASEMENT FOR STREET IMPROVEMENTS; SAID EASEMENT CONTAINING APPROXIMATELY .3231 ACRES OF LAND LOCATED IN THE S. MCCRACKEN SURVEY, ABSTRACT NO. 817, IN THE CITY OF DENTON, TEXAS AS IS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "ayes" Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then returned to the regular agenda order. 10. ~?he Council received a report on miscellaneous matters from the City Manager. City Manager Lloyd Harrell reported that the City task force had been appointed to monitor the Health Department and how that issue was progressing. The task force was attending a briefing that evening being held by the Commissioners Court. 11. New Business No items of New Business were suggested by Council Members for future agendas. 12. ~he Council convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. The Council reconvened into open session in the City Manager's Conference Room, Municipal Building. Debra Drayovitch, City Attorney stated that she had been in contact with one of the hospital's attorneys and had discussed the open-ended part of the contract. She stated that he felt that 6 months would be acceptable if open-ended with a total destruction. He was not speaking for any of the other lawyers but only for himself. 279 City of Denton City Council Minutes September 2, 1986 Page Fourteen It was the consensus of opinion of the Council to move on this agreement and see what would develop. With no further items of business, the meeting was adjourned. 0292o 28O CITY COUNCIL MINUTES September 9, 1986 The Council convened into the joint work session at 5:30 p.m. with the Planning and Zoning Commission in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; May Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger Planning and Zoning Commission Members Holt, Cannon, Brock, Claiborne, Cole and Escue ABSENT: None 1. The Council held a discussion of intensity policies in eastern Denton between U.S. 380 and 1-35. Cecile Carson, Urban Planner, reported that the staff had been looking at land use planning in the five quadrants of the City for growth, current trends, how this growth and trends would affect Denton in the future and how to change the policy to best suit Denton. She gave some projected growth figures for Denton in the areas of population, housing and transportation. It was staff's recommendation that three moderate intensity nodes be developed along the following areas: U.S. 380, McKinney Street, and 1-35. The petitioner had submitted a land use request for five moderate intensity nodes in this area. Staff had objections in that as the five nodes developed they would enlarge, join and soon overlap. There were problems associated with the five nodes in that there might be a shift in growth to the eastern quadrant with less interest to develop in other areas of the City. The City would still be responsible for those services in other parts of the City. From the utility standpoint, the City would also be forced to build in that section of town because of the cost for the oversizing. There would also be a need to increase the sewer plant. Streets would also be a consideration as collector streets would receive more traffic and would need upgrading. Commissioner Claiborne asked what kind of fiscal impact the five nodes would have on the CIP program. Carson replied that there would be an obvious shift in demand for services by higher density/intensity areas but that the funds would have to be balanced so that other areas would not be neglected. Claiborne asked how the average rate payer would be affected if development and growth in this area were greater than other parts of the City. Carson replied that she did not know. She stated that projections would have greater density in one location but that the population growth would be for the whole City. Other areas would have less population. Council Member Alexander asked for a projected time frame for the development. Carson replied that no final plan had been submitted but that the original development has a 20 year plan for total build-out. 281 City of Denton City Council Minutes Meeting of September 9, 1986 Page 2 Claiborne asked Carson to describe the workings of the Land Use Planning Committee. Carson replied that they had had a map planning session mapping growth for the City. Claiborne asked about Pecan Creek drainage west of Loop 288. Carson replied that there was a natural flow along the creek and would need the flood area to remain so that the creek could flow into that area. Some additional building would be needed to redirect/rechannel the water elsewhere to insure no flooding. Mayor Stephens asked if the FEMA maps were accurate. Carson replied that the actual maps may be accurate but that the final development may change and thus change the maps. Council Member Alexander asked if the developer was responsible for the development of the drainage so as to be sufficient for present needs and needs in the future. Carson stated that the drainage was a very technical aspect which requires a study on how the drainage would affect their development and how it would affect other developments. Council Member McAdams stated that the basic system was the place to start. It would not work to go back and put the utilities in later. The basic system had to be funded first. Council Member Chew stated that he would recommend balanced growth in all parts of the City. Commissioner Claiborne recommended three nodes of growth. This would distribute the fiscal impact on the City. Mayor Stephens asked if there would be a commercial strip similar to University Drive. Claiborne replied that a five node system may create another University Drive. Council Member Chew stated that some commercial strips were necessary for help with utility bills. Council Member McAdams stated that nodes of commercial businesses would be fine but no strip of commercial businesses. Commissioner Brock stated that the commercial development would not be reduced but rather distributed throughout the area and not concentrated in one area. Consensus of the Council was to limit the area to three nodes of development. 2. The Council held a discussion of the first come - first serve intensity allocation procedure. Steve Fanning stated that traditional district zoning system is probable as much individual policies as anything. It had been written in 1919 with broad system categories. Currently staff was trying to look at individual developers and specific individuals. However, the system was written to do something different. 282 City of Denton City Council Minutes Meeting of September 9, 1986 Page 3 He offered the following suggestions: start with work sessions before formal advertising, look at planning with allocations, if the current intensity is already over standards look at ways to accommodate planning instead of getting hung up on numbers, and if not over standards, do other types of planning. Claiborne stated that now the first in with the most get the best and would recommend immediate discontinuation of this practice. Mayor Stephens asked that if each individual case was looked at, how would you keep from over building the area. Claiborne replied that the Denton Development Guide policies would have to be reinforced and to look more at specific planning areas. Holt stated that first come - first serve could not be done away with entirely. Eventually you would have to say no more intensity is left for your proposed development but he did not have a specific plan. Council Member Riddlesperger suggested that the developer be called in to see what others in the area were going to do. He also suggested a group meeting with the developers in the area to see what would be developed. Holt suggested that perhaps the undeveloped owners could be notified as to what was going to be built around them. 3. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. Resolutions A. The Council considered adoption of a resolution allocating $.02 on the tax rate to the General Debt Service Fund only. Lloyd Harrell, City Manager, stated that this resolution was a written expression of the intent that the proceeds from the additional $.02 tax rate would be specifically earmarked and placed in the General Debt Retirement Fund of the City and would not be available for any kind of General Operating Expenses. If some of the issue were not approved by the voters or if the Council decided at a later point to not go forward with any kind of bond issue proposal, the proceeds from the levy would remain in the Debt Retirement Fund and would be available for the following year to be able to reduce the debt retirement levy. Council Member Riddlesperger complimented the Manager for the excellent job he and his staff had done on preparing the budget. 283 City of Denton City Council Minutes Meeting of September 9, 1986 Page 4 Council Member Chew stated that an excellent job had been done and commended the Manager and Mayor for the upcoming resolution. Council Member Alexander stated that the resolutionlmade very good sense. He too complimented the Manager and staff for putting together an excellent budget document. The following resolution was presented: RESOLUTION WHEREAS, the Planning and Zoning Commission has made its recommendation for a five year Capital Improvement Plan to the City Council; and WHEREAS, the City Council has established a Citizens Committee to review the proposed Capital Improvement Plan together with other proposed Capital Improvements and make recommendations to the Planning and Zoning Commission and City Council relative thereto; and WHEREAS, a bond election and bond sale may be necessary to provide funding for the Capital Improvements Program; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That if a $0.59 tax rate (per one hundred dollar valuation) is approved by ordinance of the City Council, $0.57 (per one hundred dollar valuation) of said $0.59 would be necessary to provide funding for the City's current 1986-87 maintenance' and operation budget and the existing debt service requirements :of fiscal year 1986-87. SECTION II. That the proceeds from the additional $0.02 tax rate (per one hundred dollar valuation) will be placed in the City's General Debt Service Retirement fund in order to help defra!y the costs of any additional debt service requirements needed to fund a Capital Improvements Program. SECTION III. That, in the event no program is recommended, or the voters fail to approve the construction of the prpposed capital improvements, the proceeds from the additional $0.02 (per one hundred dollar valuation) will remain in the General Debt Service Fund, and be available to pay future year debt service requirements on existing outstanding debt, and allow reductions in the debt service levy of future years. PASSED AND APPROVED this the 9th day of September, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS 284 City of Denton City Council Minutes Meeting of September 9, 1986 Page 5 ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM~ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 2. Ordinances A. The Council considered adoption of an ordinance setting the tax rate for fiscal year 1986-87. The following ordinance was presented: NO. 86-179 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1986, AT THE RATE OF $0.59 PER $100.00 ASSESSED EVALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1986, 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. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract 1330, and part of the W. Durham Survey, Abstract 300, and beginning at a point approximately one mile south of FM 426 (East McKinney) and one and one-half miles north of 1-35E. Cecile Carson, Urban Planner, stated that this was the institution of annexation and the final action would be October 21, 1986. The following ordinance was presented: NO. 86- 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 132.64 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT 1330; AND PART OF THE W. DURHAM SURVEY, ABSTRACT 300, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. 285 City of Denton City Council Minutes Meeting of September 9, 1986 Page 6 McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens: "aye." Motion carried unanimously. 3. The Council considered authorizing the Mayorl to establish a Denton Bicentennial of the United States Constitution Committee. Mayor Stephens stated that this would be part of a national committee. The committee was just beginning and would last until 1989. He suggested that the chairman of the committee be Dr. John Kincaid. Alexander motion, Hopkins second to approve the authorization. Motion carried unanimously. 4. The Council received a report and held a discussion on the reorganization proposal for the County Health Department. Paulette Owens-Holmes stated that clinical and environmental services would have the same assessment. Health service fees had been increased significantly. This had caused a lower per capita rate resulting in lower assessment rates for all participating municipalities. Contracts would be submitted by the 15th of the month. The contract would be presented at the next meeting. Council Member Chew commended the task force for its outstanding job. Council Member McAdams expressed some concern that while the amount that the City was paying was going down, someone else was paying for the difference. The intent was to provide basic services to everyone and perhaps now everyone may not be able tO pay for those services. She expresses concern that perhaps people would not get their children immunized now because of the increased costs to them. Lloyd Harrell, City Manager, stated that the City's $51,000 figure was probably an interim step and may increase in the future. The Council convened into the Work Session in the Civil Defense Room of the Municipal Building 1. The Council received a report on the 1986 City Council goals and priorities. The first report received was on Flow Hospital. Debra Drayovitch, City Attorney, stated that they were following the schedule as planned and would report back when the dates came up. She stated that the list on Flow showed the outstanding steps that still remained. The deed was being prepared and will be sent out on Wednesday the 10th. The hospital attorneys have the.option to look at it and make any changes they felt were necessary. As soon as this is done, the other steps would be started. She stated that an approximate completion date would be in a maximum of 8 weeks. Council Member Riddlesperger stated that the delays were very painful to Flow and pressed to get all the steps done as quickly as possible. 286 City of Denton City Council Minutes Meeting of September 9, 1986 Page 7 Council Member Riddlesperger stated that he had spoken with a retired doctor in the community and he appreciated the way the City was pushing to save Flow. Betty McKean, Assistant City Manager, presented the report on Economic Development. She stated that this was a preliminary report, that the committee had met two times. The report was an organization of the committee's brainstorming. The committee had taken into account policies of the City that may hamper development, the research by the Cott Committee, and participation in a study for economic development. The Economic Development office at the Chamber of Commerce should be ready by January. McKean continued that before the next elections and retreat a final report would De ready as well as a master plan. Council Member Stephens stated that he felt the committee should have at least one Council member and one Public Utilities Board member on it. Bob Nelson, Director of Utilities, stated that the make-up of the committee had been recommended by the Public Utilities Board. Stephens felt that more than one Council member was needed for monitory situations. Nelson stated that the Council was important and that he could approach the Public Utilities Board and ask to substitute a Council member for one of it's members. Stephens stated that two representatives from the City was inadequate and there should be at least 1/3 of the committee members from the City if not more. Harrell replied that there were staff members also on the committee and that he would make the list of staff members available to the Council. Harrell replied that there was a delicate balance between the Chamber and the City. The Chamber wanted to keep the committee more in the realm of the Chamber and not too much with the City. Stephens asked if it was the consensus of the Council that the make-up of the committee be one Public Utilities Board member, the City Manager, the two Assistant City Managers and two Council members. Council Member Alexander wanted to stay sensitive to the Chamber of Commerce. He indicated that perhaps the Council could suggest the make-up rather than mandate the make-up. Council Member Hopkins concurred with Alexander. Stephens stated that the Chamber may welcome the added interest by the Council. Council Member Chew stated that he did not think this would be a problem for the Chamber. Council Member Alford stated that in all likelihood not all Council Members would be able to attend at the same time anyway and thus the Council would always be represented if there were two members to the Committee. 287 City of Denton City Council Minutes Meeting of September 9, 1986 Page 8 McKean then gave a report on the separate steps outlined in the backup for Economic Development. Some additional steps that were suggested were to host an annual City Breakfast for local industry heads to discuss Denton and economic forecasts, participation in the National Institute of Trade to help exporting of local goods produced here in Denton, and expansion of the airport. The Committee would continue to meet and would report it's findings to -- Council. Mayor Stephens reported that the Texas Economic Commission would have a representative, Phyllis McMahn, here in Denton on Tuesday, the 16th to discuss what the Economic Commission could do for Denton. Steve Brinkman, Director of Parks, presented the report to the Council on Space Needs. He stated that City Hall ~and the Police Department had already used up all available square footage. The committee had discussed both short term and long term decisions. The committee felt that future efforts should be to build rather than to rent. Short term needs included expansion of City Hall, build a new law/court facility which would free-up the old police department for additional space. Future options would be to have professional help to assist in a long term plan. Council Member Riddlesperger stated that it would be wise to hire a consultant to study space needs. He wondered about a second floor for the present City Hall. Lloyd Harrell, City Manager, stated that staff had had some similar conclusions. He also suggested branching of utility departments throughout the City and to look ahead for office complexes in downtown Denton for long-range plans. Council Member Alexander asked where a new police department would be. Brinkman replied that the location was not as critical as for the fire department but should probably be along one major street. He stated that the committee would continue to look at options and report back to the Council. 2. The Council received a report on miscellaneous matters from the City Manager. City Manager Lloyd Harrell stated that he would be going to Greenville for a TMPA meeting. Those Council Members interested were invited to attend also. They would be leaving at 8:30 a.m. and would be back by 2:30 p.m. Due to an annexation schedule, it would be necessary to meet on the 23rd for a short special meeting. The meeting would begin at 5:00 p.m. and would be very short. He asked which Council members would be attending TML in Houston. He stated that in conjunction with the TML meeting there would be a special trip to Austin on October 10 for the Select Committee Meeting on Education. He also asked if anyone would be interested in touring the Gibbons Creek Power Plant. Plans were not made at this time. 288 City of Denton City Council Minutes Meeting of September 9, 1986 Page 9 3. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. 1579s 289 CITY COUNCIL MINUTES September 16, 1986 The Council convened into the Work Session on Tuesday, September 16, 1986, at 3:00 p.m. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Hopkins, and Riddlesperger City Manager ABSENT: Council Members Chew and McAdams 1. The Council convened at the corner of Denton Street and Oak Street for a walking tour of the proposed Oak-Hickory Historical District. The Council convened into the Work Session on Tuesday, September 16, 1986 at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins and McAdams City Manager, City Attorney and City Secretary ABSENT: Council Member Riddlesperger The Council moved item number 2 ahead in the agenda order. 2. The Council received a report and considered a recommendation regarding Capital Recovery Fees. Mr. Roland Laney, Chairman of the Public Utilities Board, reported that the Board had worked on this for one and one half years. The idea was to have the cost of new utilities paid by the developer and not spread over all the rate payers. Bob Nelson, Director of Utilities, reported this was a standard process. In the fall of 1984, staff had looked for means to finance new projects. The Public Utilities Board had sent a resolution to the City Council in January of 1985. The range of costs associated with these fees was from $1,200 per living unit; i.e., $600 paid at the time of platting and $600 paid when the building permit was issued. The Council had asked staff to check with o~ther cities and research any legal aspects associated with these fees. The Public Utility Board had recently asked staff to bring their recommendation back to the City Council. The review of other cities showed that Argyle charged $700 to tie-on, Flower Mound charged approximately $2,000 for water and wastewater, Corinth collected !$1,000 fee for tie-on, Fort Worth based their fee on square footage, and the city of Austin had a $3,000 fee. Some of these fees were currently under challenge through legal proceedings. Council Member Riddlesperger joined the meeting. Bob Nelson, Director of Utilities, further reported that alternative financing could be accomplished with revenue bonds with a payout over the next 30 years. This would generate sizeable amounts of money to fund capital improvements, such as new facilities. The Public Utility Board had recommended to go forward and to hire a consultant who specialized in capital recovery fees as well as the legal ramifications of the fees. The Board further recommended that the City Council appoint a citizens committee to review the procedures and the fees. Council Member Alexander asked if the funds could be used on capital improvements for the utility system only or could these funds be used for other uses such as a new city hall or street lights, etc. Nelson responded that staff had only looked at utility issues. Mr. Laney reported that the whole question was whether the cost would have to be borne only by new residents or spread over all the rate payers. 29O City of Denton City Council Minutes Meeting of September 16, 1986 Page 2 Council Member McAdams asked if these fees would apply only to new construction or would it include those residents who moved into Denton and bought older homes. City Manager Lloyd Harrell reported it was becoming common around the State for municipal governments to adopt some type of recovery fee. Council Member Alexander stated his fear was that the fee would be counterproductive to the City's economic development campaign. It was the consensus of the City Council to proceed with oDtaining proposals from consultants to perform the study. The Council returned to the regular agenda order. 1. Council received a report regarding Airport improvement project. Bill Angelo, Assistant Director of Public Works, reported that the F.A.A. had offered a grant of $226,450. The City's portion (in matching funds) would be $25,461. Rick Svehla, Assistant City Manager, reported that the payments would begin one year after the issue of the certificate of obligation. The City could pay principle and interest for the first year or could pay interest only. The Airport Advisory Board felt that now was the time to begin the improvements as the improvements could be done so as to only tear up the Airport one time. They further felt now was a good time to receive bids for the construction. The Airport Advisory Board suggested a $500,000 certificate of obligation issue. The consensus of the Council was to have this item on the October 7 agenda. 3. The Council received a performance report from the Customer Service Division - Finance Department. John McGrane, Director of Finance, reported that the turnaround on collections was now 45 days, which had cut the accounts receivable in half. Previous phone calls lost were 50% and staff was now answering 95% of the phone calls. Last year during the rush, the average wait for customers in Customer Service was 30-50 minutes. This year's staff had handled more people with a waiting period of only 5-15 minutes. The work order backlog had been 800 and was now 215. In addition, employee turnover was down and more training was being done. 4. The Council then adjourned into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. No official action was taken. Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, HopKins, ~cAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 1. Mayor Stephens was presented a proclamation for the Daughters of the American Revolution. The proclamation was accepted by Ms. Norma Gamble. City of Denton City Council Minutes Meeting of September 16, 1986 Page 3 2. The Council received a report on TMPA activities. Mr. Richard O. Stewart, TMPA Board of Directors, reported that the board had for six or seven months tried to prepare ~for refinancing of revenue bonds. The Board had met on August 14 and approved resolutions authorizing the refinancing of the Donds and to reduce the rates to the cities. Bonds in the amount of $92,472,000 would be reissued on- August 26, 27, and 28. The bonds had received AAA rating from the National Bank of Australia, who had purchased the bonds. The annual meeting had been held on September 11. The following reports had been made: Over 33.6 million tons of overburden had been moved Almost 3 million tons of lignite had been mined 2.6 million net megawatt hours of electricity had been produced 20,000+ mine acres were now under TMPA control 460 acres of mined area had been reclaimed 807,774 continuous safe work hours had been made 300 miles of transmission line were currently owned and maintained by TMPA 16 electrical substations were currently operated and maintained 15,000 items were in inventory There were 337 full-time employees 886,735 work hours had been completed during the fiscal year 145 compliance reports had been produced 23 permits had been produced and maintained 59,000 fishermen had used the Gibbons Creek Reservoir 444 people had been given tours of the plant Stewart further reported that the Board had passed a resolution to purchase land which could be reclaimed and sold in the future. Another resolution had been approved to not replenish the 1 million dollar emergency fund if it was not depleted. Also, officers had been elected and Mr. Stewart felt honored to have:served as the president of the Board for two years. One problem ar~a was ComancHe Peak. The Board was, however, on the offensive and had taken legal action. 3. Public Hearings A. The Council was to have held a public hearing on the Oak-Hickory Historic Zoning District. Petition Of the Denton Historic Landmark Commission requesting a historic landmark district designation in the West Oak/West Hickory street area. The boundaries of the proposed district are as follows: The north side of Oak Street from 610 West Oak west to the intersection of Oak and Fulton streets. The south side of Oak Street from 609 West Oak west to the intersection of West Oak and Welch streets. The north side of Hickory Street from the intersection of Hickory and Welch streets to the intersection of Hickory and Williams streets. The east side of Denton Street from the intersection of Denton and Oak streets to the intersection of Denton and Pearl streets. The south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Denton streets. The property is more particularly described as City of Denton block numbers 328, 329, 330, 336, 476, 488 and part of block 475. This item was removed from the agenda by staff. City of Denton City Council Minutes Meeting of September 16, 1986 Page 4 B. The Council held a public hearing on the petition of Oak Hill Joint Venture. Petition of requesting a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a concept plan on an 80.801 acre tract located on the south side of East McKinney Street (FM 426) approximately 3 miles east of Loop 288. The property is further described as a tract in the Gideon Walker Survey, Abstract 1330. If approved, the planned development will permit the following land uses: Single Family Attached - 13.94 acres 164 units with a density of 11.7 units per acre Single Family Detached - 11.25 acres 62 units on 5,000 square foot lots with a density of 5.51 units per acre Single Family Detached - 45.9 acres 187 units on 6,000 square foot lots with a density of 4.09 units per acre Single Family Detached - 9.87 acres 17 units on 7,000 square foot lots with a density of 1.72 units per acre Z-1827 The Mayor opened the public hearing. Mr. Roger Barrett, Metroplex Engineering representing Oak Hill Joint Venture, spoke in favor of the petition stating this was a difficult piece of property to work with. Mr. Barrett then presented overhead projections of the concept plan. The property would have a density of approximately 11.76 units per acre with open space. Several of the easements were difficult to work around, also single family-7 and 0 lo~ lines were included. The planned development also included single famil- ~ units and a smal park. The pluses in this plan were the open sE ~e which was 12.04 acres or approximately 15% of the total tract which was three times the amount that the Parks and Recreation Department would request. Council Member McAdams stated that there was a difference between parks and open space and asked what was the actual usable park space. Mr. Barrett responded that some of the open space was in the floodplain and the actual park space had not yet been determined. Council Member McAdams further stated that the usable recreation space might not be larger than 4 acres. Charles Switt, who was affiliated with the developer, spoke in favor, stating that due to the narrowness of the tract the planned development would produce wider lots which would still be attractive lots. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that this plan had been well laid out by Mr. Barrett and the agenda backup material. The parcel was located in a low intensity area and the planned development would not violate the intensity. The plan also provided for the diversity of land use and lot size. The deveioper had agreed to staff recommendations for changes in the lot size and 5 acres along the creek would be dedicated as park land. 1. The Council considered adoption of an ordinance approving a change in zoning and approval of a concept plan on an 80.801 acre tract located on the south side of East McKinney Street (FM 426) approximately 3 miles east of Loop 288. City of Denton City Council Minutes Meeting of September 16, 1986 Page 5 The following ordinance was presented: NO. 86-180 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, AS AMENDED, AND AS SAID MAP APPLIES TO 80.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY STREET, APPROXIMATELY THREE MILES EAST OF LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL! "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLAN!NED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,'! Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council held a public hearing on the petition of Metroplex Engineering Corporation requesting a changeI in zoning from the single family (SF-7 and SF-10) districts to the planned development classification and approval of a detailed plan, including the preliminary plat of Westgate Heights, Phase III, on an 18.446 acre tract located on the south side of Payne Drive approximately 2,300 feet west of Bonnie Brae Street~ The property is more particularly described as a tract in the Francis Batson Survey, Abstract 43. If approved, the planned development will permit the following land uses: Single Family Detached - 4.9 acres 15 units on minimum 10,000 square foot lots with a density of 3 units per acre Single Family Detached - 13.4 acres 64 units on minimum 7,000 square foot lots with a density of 4.7 units per acre Z-1829 Mayor opened the public hearing. Mr. Roger Barrett, Metroplex Engineering, spoke in favor of the petition stating that this change was due to market research and the need for deeper single family-7 lots which would shorten some of the single family-10 lots. Council Member Riddlesperger asked if any thought had been given to extending the street to University rather than Payne Drive. Mr. Barrett responded no. Mr. Robert Gibbons, representing the developer, spoke in favor, stating that he owned property adjacent to the west (adjacent to Greenway Estates) and owned three lots on the south side' of Thunderbird. The developer wished to widen the single family-10 lots at the back so that future residents could build swimming pools. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported this property was adjacent to a single family-10 area which had been previously zoned. In 1975 the developer had asked for a change from single family-7 to single family-10. Single family-10 area, the street to the west would remain single family-10 but would be wider and with less depth. Single family-10 zoning requires a 30 foot setback and the petitioner was requesting a 25 foot setback. However, this would be City of Denton City Council Minutes Meeting of September 16, 1986 Page 6 consistent with the existing single family-7 homes which were already in place. Thunderbird was a deadend street at the request of the Greenway Estates residents who did not want a thoroughfare. The ordinance as presented included a completion date of December, 1988. 1. The Council~ considered an adoption of an ordinance approving a change in zoning and approval of a detailed plan on an 18.446 acre tract located on the south side of Payne Drive approximately 2,300 feet west of Bonnie Brae Street. The following ordinance was presented: NO. 86-181 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, AS AMENDED, AND AS SAID MAP APPLIES TO 18.446 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF PAYNE DRIVE, APPROXIMATELY 2,300 FEET WEST OF BONNIE BRAE STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE FAMILY "SF-7" and "SF-10" DISTRICT CLASSIFICATION AND USE DESIGNATION, %'0 PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council held a public hearing on the petition of Bob Tripp, Trustee, requesting a change in zoning from the agricultural (A) district to the single family (SF-7) classification on a 59.14 acre tract located at the southwest corner of North Locust Street (FM 2164) and Hercules Street. The property is further described as a tract in the B.B.B. and C.R.R. Company Survey, Abstract 186. If approved, the zoning will permit the development of single family detached units on minimum 7,000 square foot lots. Z-1831 The Mayor opened the public hearing. Mr. Bob Tripp, Trustee, spoke in favor stating that the parcel was located north of Evers Park. Across Locust Street to the east were single family dwellings under construction and a large single family area had been approved to the west. Mr. Tripp believed that zoning in this area would help in the planning of the other unzoned parcels. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported this was a low intensity area adjacent to a planned development, which surrounded this property. The planned development had used all of the intensity in the area. The parcel was adjacent to a planned development which was under construction. Single family-7 zoning was compatible with surrounding uses and would serve as a good buffer. 1. The Council considered adoption of an ordinance approving a change in zoning on a 59.14 acre tract located at the southwest corner of North Locust Street (FM 2164) and Hercules Street. City of Denton City Council Minutes 2 9 5 Meeting of September 16, 1986 Page 7 The following ordinance was presented: NO. 86-182 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 59.149 ACRES OF LAND OUT OF THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 186, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY. OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council held a public hearing regarding the 1986-87 Annual Program of Services. The Mayor opened the public hearing. Mr. Mitchell Turner, 2118 Stonegate, spoke stating that four things about the budget concerned him. He was concerned regarding the amount of tax increase. The newspaper had stated that the increase would be 8% or 10% and both were wrong and misleading. The average increase on average property was 19% and he 'felt this was unreasonable. There was also a problem for senior citizens on fixed income who had to pay taxes. Mr. Turner stated he felt the old age exemption should be raised from $16,000 to $30,000. It also seemed that the capital improvements bond issue was getting the "cart before the horse." He felt that this money was already included in the budget. Mr. Turner concluded by stating there was a need for industry in Denton and yet it appeared as if the City was making it more difficult to attract industry because taxes and utilities were not competitive and were being increased. Mr. Don Pickens, member of the Human Resources Advisory Committee, stated he was representing the committee to reassert the need for the quality of life in Denton. He asked the Council to take each recommendation for services individually and give each consideration. Council Member Riddlesperger stated that the Human Resources Advisory Committee had already made these cuts from the budget. With no one else coming forward to speak, the Mayor closed the public hearing. City Manager Lloyd Harrell stated that he wished to respond to some of the comments. Putting the budget together had been a challenge due to the federal cuts. The proposed budget had been cut substantially and it would be a challenge to stay within the budget during the next year. Regarding the tax increase, the dollar figures were given to the City by the Tax Appraisal District. The actual tax rate would remain at 59 cents; however, the effective tax rate would be up approximately 10% due to the reappraisal. Further the City Council had adopted a resolution with the tax rate stating that the tax rate would go down if the capital improvements bond issue failed. Regarding industrial development, one of the reasons the tax rate was 59 cents per $100 evaluation was that three of the largest employers in the City were tax exempt. However tax rate was only one factor that a potential industrial prospect would review. They would also look at the quality of life. Regarding social services, staff had tried to adopt the same philosophy with these budget requests as with other City departments andl had tried to 296 City of Denton City Council Minutes Meeting of September 16, 1986 Page 8 squeeze out. the excess and still provide the services. Staff was recommending the same level of funding as in the previous budget but the Human Resources Advisory Committee was recommending 13,000 more dollars. Riddlesperger motion, Alford second to restore the $13,700 fund to the Human Resources budget and add a like amount to the revenue column. Council Member McAdams asked a procedural question. If the additional funds were placed in the budget as expenditures how could the budget be made to balance. City Manager Lloyd Harrell responded there were two options: 1. Council could identify expenditure reductions and reduce the fund balance or 2. Council could authorize certain fee increases which were not included in the budget. Vote on the motion was approved unanimously. Council Member Alford asked regarding raising the Senior Citizen exemption from $16,000 to $30,000. Harrell reported that a debate on this issue had been held on the staff level but staff had felt this might present a problem due to the tight budget. Council Member Hopkins asked if senior citizens were not affected by the reappraisal. John McGrane, Director of Finance, reported senior citizens would be affected only for school taxes. Debra Drayovitch, City Attorney, reported that the tax code provided any changes in exemptions for the elderly must be completed by May 1. Council Member McAdams stated that in a comparison of other cities, the City of Dallas had laid off employees, cut back on services, and raised taxes. Municipal governments had experienced significant losses in federal funds and the City of Denton had experienced a lower level of sales tax collections. Council Member Alexander stated he had reviewed the budget very carefully and felt it was sound and fiscally responsible. Council Member Hopkins stated all of the council members had reviewed the budget as well as received input from citizens, who did not want any services cut. Mayor Stephens stated that the budget process had begun in early May. In June, the Council had given further instructions to the staff on those programs to be funded and at what level. The Council had made a conscious effort to trim and cut the budget and felt the budget as presented was realistic. 1. The Council considered adoption of an ordinance approving the 1986-87 Annual Program of Services. The following ordinance was presented: NO. 86-183 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1986, AND ENDING ON SEPTEMBER 30, 1987; AND DECLARING AN EFFECTIVE DATE. Chew motion, Atford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes 2 9 7 Meeting of September 16, 1986 Page 9 F. The Council held a public hearing concerning the funding of new street name signs. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 1. Council considered adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, to provide for the cost of furnishing and installing street name signs. Rick Svehla, Assistant City Manager, stated that staff had been trying to talk to developers, etc. about a requirement for the developer to take care of the installation of stree~ name signs at the time of construction. The City of Denton had spent approximately $20,000 during the last fiscal year installing these signs. The following ordinance was presented: NO. 86-184 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE COST OF FURNISHING AND INSTALLING STREET NAME SIGNS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 4. Variances A. The Council considered the petition of Harry T. Riney for a variance or special exception of Article 4.07 of the City of Denton Subdivision and Land Development Regulations which establishes certain minimum capacities or gallon per minute water flow requirements for fire protection purposes for all developments prior to connection to the city water system. Additional development is proposed on commercial (C) property located at 520 South Elm. V-31. David Ellison, Senior Planner, reported the history of this property for the Council's information. Staff agreed that the City did have a responsibility to upgrade the existing water lines in the area. Council Member Riddlesperger asked if Mr. Riney could require people to pay to tie on to the line after he had installed it. Ellison responded, Mr. Riney could only recoup his cost if there were new construction or development. Stephen Reeves, Attorney representing Mr. Riney, reported that ~he plat for Mr. Riney's lot had been destroyed in the County Courthouse fire. Mr. Riney had been told that he would need to replat the property. During the replatting process problems had been brought up by staff regarding drainage and topography. They had been informed for the first time in May that there might be water flow problems. The water flow was for fire protection; however, the building would be all metal on a concrete slab. In June, the Public Utility Board had recommended that the variance be granted. In August, his client went before the Planning and Zoning Commission and was told it would take $21,000 to extend the lines to a $70,000 building. His client had already spent $30,000 trying to replat the 298 City of Denton City Council Minutes Meeting of September 16, 1986 Page 10 property. It would therefore cost $51,000 to extend the line to a $70,000 building. If the plat had not been burned, Mr. Riney would not have this problem. Riddtesperger motion, Chew second to grant the variance. Council Member McAdams stated the issue was who would pay--the developer or the City rate payers. Motion to grant the variance carried 6-1 with Council Member McAdams casting the nay vote. 5. Consent Agenda Consent Agenda Item A.1 (P.O. #9647 - Water Meters) was removed Dy staff. Riddlesperger motion, Hopkins second, to approve the consent agenda with the exception of Purchase Order ~9647. Motion carried unanimously. A. Bids and Purchase Orders: (REMOVED BY 1. Purchase Order ~ 9647 - Water Meters STAFF) 2. Bid ~ 74967 - Advanced Control Systems - $179.274.00 3. Bid # 75002- AG-Chem Equipment Co., Inc. - $12,000.00 B. Plats and Replats: 1. Consider approval of preliminary plat of the New Place Addition, Block A. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary and final replat of the Owsley Park Addition, Lot 10R, Block 9. (The Planning and Zoning Commission recommends approval.) Contracts: 1. Consider an annual software maintenance contract for $31,875 with American Management Systems for financial system known as "LGFS" and associated sub-systems. (Data Processing Advisory Board recommends approval.) 2. Consider an annual software maintenance contract for $20,000 with TRES Systems, INC. for payroll/personnel system known as "EIS" and associated tax modules. (Data Processing Advisory Board recommends approval.) 6. Ordinances A. The Council was to consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. This item was removed from the agenda by staff. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies ~or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. City of Denton City Council Minutes 2 9 9 Meeting of September 16, 1986 Page 11 The following ordinance was presented: NO. 86-185 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance adopting the 1985 Edition of the Uniform Building Code with amendments. Rick Svehla, Assistant City Manager, reported that staff was recommending the adoption of the code with the exceptions which were noted in the ordinance in the backup material. Svehla then read each of the exceptions from the ordinance. The following ordinance was presented: NO. 86-186 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF O · RDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR ADOPTION OF THE UNIFORM BUILDING CODE, 1985 EDITION; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATION THEREOF; pROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins: "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance altering the speed limit on F.M. 2181 (Teasley Lane) between Dallas Drive and Ryan Road. Rick Svehla, Assistant City Manager, stated that this had been a concern of the City Council when the Sam Houston Elementary School had been built. This ordinance would reduce the speed limit. The following ordinance was presented: NO. 86-187 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON PORTIONS OF F.M. HIGHWAY NO. 2181, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, AS SET OJT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE~ NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander aye, ~opkins "aye, Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving the Mutual Aid Agreement between the Denton State School and the City of Denton. 3OO City of Denton City Council Minutes Meeting of September 16, 1986 Page 12 Rick Svehla, Assistant City Manager, reported that this ordinance would .formalize a "gentleman's agreement." In case of a disaster, the City would assist the State School or the State School would assist the City. Whoever requested the help would assume the liability. The following ordinance was presented: NO. 86-188 AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON STATE SCHOOL FOR MUTUAL ASSISTANCE DURING TIMES OF CATASTROPHIC EVENTS OR DISASTERS, AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving a contract with the County Health Department for fiscal year 1986-87. City Manager Lloyd Harrell reported that this item had been discussed in detail at the last City Council Meeting. The following ordinance was presented: NO. 86-189 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR HEALTH SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G.. The Council considered adoption of an ordinance dealing with one-way traffic on Highland Street. City Manager Lloyd Harrell reported that this item had been discussed at the last Council Meeting. Rick Svehla, Assistant City Manager reported the staff had been asked to look at the City standards and assess the need for a signal on Highland Street. Traffic flow on this street did not meet any of the City standards. Mr. Eric Jackson, NTSU Chief of Police, stated they had made this request to the City several months ago. Both ends of Highland Street were two way, but the center portion which ran through the campus was one way. Adoption of this ordinance would facilitate the safety of the faculty and staff on campus. Mayor Stephens stated the question was how do you get out of campus. It appeared that this ordinance would funnel the from parking lot 35 onto Avenue C or the pedestrian area. The following ordinance was presented: NO. 86-190 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC WEST BOUND ON HIGHLAND STREET FROM WELCH STREET TO AVENUE A AND ON HIGHLAND STREET FROM AVENUE D TO AVENUE E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUN~ OF ~200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes 3 0 1 Meeting of September 16, 1986 Page 13 Riddlesperger motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stephens "nay." Motion carried 5-2 with Council Member Chew and Mayor Stephens casting the nay votes. H. The Council considered adoption of an ordinance accepting the bid of Arthur J. Gallagher & Co., for certain insurance coverage. Harlan Jefferson, Administrative Assistant, reported that the City had been contracting with Gallagher for major insurance needs since 1983. This year, the City had requested bids and nad received five with only one being complete. Staff was recommending to accept the bid of Arthur J. Gallagher & Co. The following ordinance was presented: NO. 86-191 AN ORDINANCE ACCEPTING THE BID OF ARTHUR J. GALLAGHER & COMPANY FOR CERTAIN INSURANCE COVERAGE FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call " Hopkins "aye," Alford "aye, vote, McAdams "aye," Alexander "aye, ,, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance amending the 1985-86 budget. City Manager Lloyd Harrell reported this was a housekeeping item. John McGrane, Director of Finance, reported that this item as well Agenda Item 7.A were year-end adjustments. The following ordinance was presented: NO. 86-192 AN ORDINANCE AMENDING THE 1985-86 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF ONE MILLION ONE HUNDRED AND EIGHTY-TWO THOUSAND AND ONE HUNDRED AND EIGHTY-TWO DOLLARS ($1,182,182) FROM REVENUES, AND DECLARING AN EFFECTIVE DATE. Alexander motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution approving year end budget adjustments for FY 1985-86. John McGrane, Director of Finance, reported this was a year-end~ housekeeping item. This would amend the budget, but not increase any dollar figures. Funds were simply being moved from one department to another. The following resolution was presented: 3O2 City of Denton City Council Minutes Meeting of September 16, 1986 Page 14 RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The budget adjustments, as indicated on Exhibit A, attached hereto and included by reference herein, for the fiscal year 1985-86 are hereby, in all things, approved and ratified. PASSED AND APPROVED this the 16th day of September, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams mo~-~ion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to submit to the Department of Housing and Urban Development an amendment to the Final Statement of Objectives and Projected Use of Funds. Elizabeth Evans, CDBG Coordinator, reported that this was an amendment to the final statement which had been forwarded to HUD in June. The following resolution was presented: RESOLUTION A RESOLUTION BY THE CITY OF DENTONt TEXASt AUTHORIZING r£HE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, '£exas, Has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utilizing its first year entitlement funds in the approximate amount of $557,384; and WHEREAS, the public hearing will have been held in accordance with the law; and WHEREAS, the Act requires an application and appropriate certification; NOW, THEREFORE, City of Denton City Council Minutes 3 0 3 Meeting of September 16, 1986 Page 15 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances. SECTION III. This this Resolution shall take effect immediately from and after its passage. SECTION IV. That the City Secretary is hereby authorized to furnish copies of this Resolution to all interested parties. PASSED AND APPROVED this the 16th day of September, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Hopkins second taat the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution appointing a Municipal Judge and authorizing the Mayor to sign an employment agreement with the judge. The following resolution was presented: RESOLUTION WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to preside over the Municipal Court; and WHEREAS, the Council is desirous of making such appointment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: 304 City of Denton City Council Minutes Meeting of September 16, 1986 Page 16 SECTION I. That Sandra H. White is hereby appointed City Judge of the City of Denton, Texas, effective October 1, 1986. SECTION II. That the Mayor is hereby authorized to execute a letter of agreement between the City of Denton and Sandra H. White as City Judge relative to the terms of her employment, a copy of which is attached hereto and incorporated herein by reference. SECTION III. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of September, 1986. RAY STEPHENSt MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Hopkins second that the resolution be approved with an amendment for a six-month review in March, 1987 and October, 1987 and each October thereafter. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye,'" and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of a resolution accepting a grant in aid from the Federal Aviation Administration. The following resolution was presented: RESOLUTION WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for Federal Assistance dated September 9, 1986 for a grant of Federal funds for a project for development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the construction of an aircraft parking apron, construction and marking of a connecting taxiway; and construction of a helipad; and WHEREAS, the Federal Aviation Administration has submitted to the City of Denton a Grant Offer in the amount of Two Hundred Twenty-six Thousand Four Hundred Fifty and No/100 ($226,450.00) Dollars for the construction of such improvements; NOW, THEREFORE, BE IT RESOSVED BY THE COUNCIL OF THE CITY OF DENTON: City of Denton City Council Minutes 3 0 5 Meeting of September 16, 1986 Page 17 SECTION I. That the City of Denton hereDy accepts the Grant Offer and agrees to comply with all of the assurances and conditions contained in the Grant Application and the Grant Offer, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreements. PASSED AND APPROVED this th~ 16th day of September, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. The following miscellaneous matters were received from the City Manager. City Manager Lloyd Harrell reported that the Denton Record-Chronicle had agreed to provide space in the newspaper for a weekly article from City Hall. ResponsiDility for writing the article would rotate between staff, City Council Members, and the Mayor. Mr. Harrell asked the Council Members to please let him know if they had a preference on topics. Mr. Harrell further reported that the trip to Austin for October 10 was still on; however, staff did not know what time the testimony would be held or if anyone from the City would be allowed to speak. 9. New Business The following items of new business were suggested by Council Members for future agendas. Mayor Stephens stated that work needed to begin on the hiring of a prosecuting attorney. 10. The Council adjourned into Executive Session to discuss legal matters, real estate, personnel/board appointments. 11. No official action was taken on Executive Session items. Alexander motion, Hopkins second to adjourn the meeting. 306 City of Denton City Council Minutes Meeting of September 16, 1986 Page 18 With no further items of business, the meeting was adjourned at 9:55 p.m. Charlotte Allen City Secretary 0470e 307 City Council Minutes September 23, 1986 The Council convened into the Special Called meeting at 5:0S p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, McAdams and Riddlesperger ABSENT: Council Member Hopkins had stepped out of the room Council Member Chew was delayed due tO business i. The Council considered granting approval to the Hi Noon Lions Club to dlspiay a banner across public streets. Riddlesperger motion, Alexander second to grant the approval Motion carried unanimously. · 2. The Council considered adoption of an ordinance and service plan instituting annexation proceedings for approximately 23.6420 acres of land being part of the Gideon Walker Survey, Abstract No. 1330, and beginning adjacent and north of Edwards Road approximately .3 mile east of Mayhiil Road and approximately .S mile west of Swisher Road. The following ordinance was presented: NO. 86- 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 23.~420 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE S~E AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE OATE. Taryon Bowman, Planning Intern, reported that staff had nothing new to add. Council Member Hopkins joined the meeting. Alexander motion, Riddlesperger second to adopt the ordinance. On roll caii vote, McAdams "aye, Alexander aye, Hopkins aye, Alford "aye, Riddiesperger aye, and Mayor Stephens "aye. Motion carried unanimously. 3. The Council convened into the Executive Session to discuss legal matters, real estate, and personnel/board appoilntments. Regarding real estate, Council Member ~iddlesperge.r reported that the informal committee for Flow Hospital had met twice regarding the transfer. The County's and hospital's attorneys had been present at the meeting. The final agreement/contract and deed were im the £inai stages of preparation and was expected to be completed in the next week or so. Progress was being made. Council Member Chew 3oined the meeting, The Council then convened into the Executive Session in the City ~.~anager's Conference Room to discuss legal matters~ r~a! personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. CHN~LOTIf ~LLEN~ 2389C 308 City Council Minutes October 7, 1986 The City Council convened at 1:15 p.m. in the City Hall parking lot. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander and Chew City Manager, Assistant City Manager, Senior Planner, Urban Planner ABSENT: Council Members Hopkins, McAdams and Riddlesperger 1. The Council conducted a tour of the Loop 288 and Kings Row area and received status reports on zoning, development and streets. The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 1. The Council was to have received a report from Black and Veatch on the Lewisville Lake hydroelectric project. This item was removed from the agenda by sta~£. 2. The Council received a report on the proposed Certificates of Obligation for the Denton Municipal Airport. Bill Angelo, Assistant Director of Public Works, reported on the costs for the proposed airport improvements as well as a schedule of cost recovery. Rick Svehla, Assistant City Manager, reported that the City could pay interest only or interest and principle for the first year. By paying interest only, $30,000 would be saved the first year; however, over the life of the Certificate of Obligation issue, it would cost an additional $35,000. Mr. Frank Medanich, First Southwest Company, reported that the Certificates of Obligation and related documents had been prepared by McCall, Parkhurst and Horton in accordance with statutory law. A resolution must be approved by the Council which would give notice of the intention to issue the Certificates of Obligation. Bids would be accepted on December 2, 1986. Mayor Stephens stated that the bids would have to be accepted on December 9 as the City Council would be out of town on December 2 attending the National League of Cities Conference. Council Member Hopkins asked about the proposed airport in Frisco. Svehla responded that it was his understanding that the proposed airport had not been approved by the City of Frisco. Angelo reported that nothing official had been done regarding the ?.~.~r~ ~Tp~rt 2t this City Manager Lloyd Harrell reported that the goal for the issuance of the Certificates of Obligation for the Denton Municipal Airport was to financially "break even" as soon as possible and to begin realizing revenues from the airport. 3. The City Council held a discussion on the use of $25,000 in City funds from the Recreation Fund to match funds solicited by the Denton Tennis Association for development of an office and restroom at the Tennis/Golf Center. 309 City of Denton City Council Minutes Meeting of October 7, 1986 Page 2 Steve Brinkman, Director of Parks and Recreation, reported that a proposal had been received from the Denton Tennis Association regarding a fund raiser for the purpose of building a permanent facility. A mobile home was currently being used. The proposed facility would be small but with the capability of expansion. The cost for the facility would be $40,000 and $5,080 for utility hook-up. The Association would conduct a solicitation drive to raise one-half of the $40,000. Their proposal was for the City to fund the other $20,000 plus the $5,000 for the utilities. If, for some reason, the Association could not raise their $28,000, the City would not be obligated. However, if the fund raiser was successful, the City's portion would be paid out of recreation funds. Council Member Alexander asked if this expenditure was new or if it was in the budget. Brinkman responded that it was new. Mayor Stephens asked who would staff the facility and who would realize the profits. Brinkman responded that the proposed facility would be very small and sell only small items. The City would get its money back. The consensus of the Council was for staff to place an authorizing ordinance on the next agenda. 4. The Council reviewed proposed electronic voting procedures for the City Council. City Manager Lloyd Harrell reported that Council Member Hopkins had asked staff to explore various voting procedures other than the verbal roll call vote. Steve Brinkman, Director of Parks and Recreation, reported that a number of cities had been contacted. The three most common methods of voting were as the City currently voted; to have the City Secretary call out the "ayes" and "nays" and read back the vote, or electronic voting where the vote was locked in and displayed. A board like this could be built for under $1,000 by the Traffic and Utility Departments. A timer for public hearings could be incorporated into the design. The consensus of the Council was to look at a prototype prior to making a final decision. The Council moved item #13 ahead in the agenda order. 13. The Council held a discussion of pending litigation against the City including Gladden versus the City of Denton, Maverick Aircraft versus the City of Denton, and Okoli versus the City of Denton. This item was taken under the Executive Session. 6. The Council convened into the Executive Session to discuss legal matters, real estate and personnel/board appointments. No - official action was taken. The Council convened into the Regular Meeting at 7:~0 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 310 City of Denton City Council Minutes Meeting of October 7, 1986 Page 3 Mayor Stephens announced that the meeting was being video recorded by the City of Denton Library and then introduced the City Council Members and the staff. 1. The Council held a presentation of charitable donations to Friends of the Family, Denton SPAN and Denton YMCA by the Southland Corporation. Mike Callahan, Senior Manager for the Fort Worth region, ana Mr. Gordon Kastelic', Area Manager for Denton, presented $1,000 each to SPAN, Friends of the Family and the YMCA from the Southland Corporation employees. Ms. Barbara Knublin from Friends of the Family, Ms. Roberta Donsbach from SPAN and Mr. Bill Hines from the YMCA accepted the checks. 2. The Mayor presented safety awards for the City of Denton from the National Safety Council and Texas Safety Association. Mayor Stephens presented the National Safety Association Award of Honor to the City of Denton Central Administration and The National Safety Council Award of Honor. Bill Angelo, Assistant Director of Public Works, accepted the awards. 3. The Council was to have held an appearance by Mr. Carl Williams to discuss Police Officers working as security guards while still in City of Denton uniform. This item was removed from the agenda at the request of Mr. Carl Williams. The item will be placed on the October 21, 1986 agenda. 4. The Council considered approval of the Minutes o~ the Regular Meeting of July 1, 1986. McAdams motion, Chew second to approve the Minutes as presented. Motion carried unanimously. 5. Public Hearings A. The Council held a public hearing on the petition ot Bill Foster requesting a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a detailed plan, including the preliminary plat of the Bill Foster Addition, Lots 1-4, Block A, on a 4.5 acre tract located on the north side of FM 1173 approximately 800 feet west of the 1-35 North service road. The property is more particularly described as a tract in the B.B.B. and C.R.R. Company Survey, Abstract 141. If approved, the planned development will permit the construction of a four lot light industrial development. Z-1816 The Mayor opened the public hearing. · Mr. Roger Barrett, Metroplex Engineering representing ~r. Bill Foster, spoke in favor stating that the parcel was in a moderate intensity node which would allow for light industrial uses. Mr. Barrett then presented slides of the surrounding land uses. To the north was W & W Auto Salvage and the Border Cowboy Truck Stop. the parcel was located 670 feet from Interstate 35 and 1,000 feet north of the proposed northern extension of Loop 253. ii ...... lots with 2 common entry spots. Landscaping on FM 1173 was commendable for light industrial uses. Mr. Bill Foster spoke in favor stating that this building would be an asset to the area. Mr. Gary Collins, with Pitner and Collins of Dallas representing Mr. Foster~ spoke in favor stating that he also represented the landowners north of Barthold Road. The difficulty had been the railroad and school district line. He felt the parcel was better suited for commercial rather than residential land uses. 311 City of Denton City Council Minutes Meeting of October 7, 1986 Page 4 No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that the request was for a zoning change from agriculture to planned development for light industrial uses. This parcel had been annexed in 1985 due to motivation by staff regarding potential land uses. :The parcel was currently low intensity use adjacent to high intensity uses. Staff felt the high intensity uses should be kept at the eastern boundary of this tract and not extended westward. The Denton Development Guide discouraged ~strip zoning and felt high intensitY uses should be kept along Interstate 35. There had been five reply forms mailed with two returned in favor and one returned in opposition. 1. The Council considered adoption of an ordinance approving a change in zoning and approval of a detailed plan on a 4.5 acre tract located on the north side of FM 1173 approximately 800 feet west of the 1-35 North service road. Z-1816 The following ordinance was presented: NO. 86-193 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, AS AMENDED, AND AS SAID MAP APPLIES TO 4.5 ACRES OF LAND LOCATED ON THE NORTH SIDE OF F.M. 1173; APPROXIMATELY 800 FEET WEST OF 1-35 NORTH SERVICE ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Sanders Campbell and Rayburn Tucker, Trustee, requesting a change in zoning from agricultural (A) to single family-10 (SF-10) on 29.356 acres. The property is located 2,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road and shown in the J. Rogers Survey 1085 and B. M. Rogers Survey 1101. If approved, the property may be utilized for any purpose permitted in the SF-10 district. Z-1822 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, representing Mr. Tucker, spoke in favor stating that his client was requesting 30 acres of single family-10 zoning. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a portion of a larger tract. This was an area in which the City had seen an increase in zoning interest but no development. The proposal was for single family-10 zoning abutting Old Alton Estates and would not infringe on the existing land uses. There had been five reply forms mailed with zero being returned in opposition. This was a low intensity area and the Planning and Zoning Commission had recommended approval of the petition. 312 City of Denton City Council Minutes Meeting of October 7, 1986 Page 5 Council Member Riddlesperger asked if provisions for right-of-way for the proposed extension of Loop 288 had been considered. Carson responded that this was not a consideration with this tract. 1. The Council considered adoption of an ordinance approving a change in zoning on 29.356 acres located 2,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road. Z-1822 The following ordinance was presented: NO. 86-194 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 29.356 ACRES OF LAND OUT OF THE J. ROGERS SURVEY, ABSTRAC? NO. 1085 AND THE B. M. ROGERS SURVEY, ABSTRACT NO. 1101, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE iN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-10" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council held a public hearing on the petition of Sanders Campbell and Rayburn Tucker, Trustee, requesting a change in zoning from agricultural (A) to single family-10 (SF-10) on 13.410 acres. The property is located 4,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road and shown in the J. Rogers Survey 1085 and B. M. Rogers Survey 1101. If approved, the property may be utilized for any purpose permitted in the SF-10 district. Z-1823 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, spoke in favor stating that is was a 13.4 acre tract out of a larger parcel and was the first to be platted. His client was requesting single family-10 zoning with 50 feet right-of-way dedicated with a 50 feet setback dedicated to accommodate the proposed extension of Loop 288. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this request was for a 13 acre tract. In the area, a new elementary school and park were under development. There had been three reply forms mailed with zero returned. 1. The Council considered a~option of an ordinance approving a change in zoning on 13.410 acres located 4,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road. Z-1823 313 City of Denton City Council Minutes Meeting of October 7, 1986 Page 6 The following ordinance was presented: NO. 86-195 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 13.410 ACRES OF LAND OUT OF THE J. ROGERS SURVEY, ABSTRACT NO. 1084 AND THE B. M. ROGERS SURVEY, ABSTRACT NO. 1101, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FQR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-10" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chew motion, Alexander second to adopt the ordinance~ On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council held a public hearing on the petition of Sanders Campbell and Rayburn Tucker, Trustee, requesting a change in zoning from agricultural (A) to single family-7 (SF-7) on 156.044 acres. The property is located 2,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road and shown in the B. M. Rogers Survey 1101, J. Rogers survey 1084, and J. Rogers Survey 1085. If approved, the property may be utilized for any purpose allowed in the SF-7 district. Z-1824 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, spoke in favor stating that he would be glad to respond to any questions. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this request had presented a dilemma for the Planning and Zoning Commission. The proposed single family-7 zoning was acceptable; : however, the question was the dedication of right-of-way for the proposed Loop 288. Staff had originally asked for a planned devellopment for the entire parcel. The legal opinion was that this was a straight zoning request and that right-of-way could not be required as a condition for platting. There had been eight reply forms mailed with zero returned. Council Member McAdams asked if the City could require the right-of-way dedication. Carson responded no. The City could request the right-of-way at the time of platting as well as 25 feet setbacks. The City could require a 60 feet right-of-way from the street center.line and could ........... ~ ~^ the Debra Drayovitch, City' Attorney, reported that there were legal limitations to what the City could require without having to pay compensation to developers. Carson, further reported that staff could negotiate with the developers for the 50 feet setback. This would i:nsure that no structures would be built in this area should the. City have to purchase this right-of-way in the future. 314 City of Denton City Council Minutes Meeting of October 7, 1986 Page 7 1. The Council considered adoption of an ordinance approving a change in zoning on 156.044 acres located 2,500 feet west of FM 2181 (Teasley Lane) and south of Hickory Creek Road. Z-1824 The following ordinance was presented: NO. 86-196 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 156.044 ACRES OF LAND LOCATED 2,500 FEET WEST OF F.M. 2181 (TEASLEY LANE) AND SOUTH OF HICKORY CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE iN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council held a public hearing on the petition of Metroplex Engineering requesting an amendment of an existing planned development, and approval of a detailed plan, including the preliminary' plat of Country Club Place, Lot 2, Block A, on an 18.543 acre tract located at the southeast corner of FM 1830 (Country Club Road) and Hobson Lane. The property is further described as a tract in the T. Martin Survey, Abstract 900. If approved, the amendment will permit, the development of 220 attached residential units with a density of 11.9 units per acre. Z-1828 The Mayor opened the public hearing. Mr. Greg Edwards, Metroplex Engineering representing Mr. Bill Garner and the owners of Country Club Estates, spoke in favor. He then presented an overhead projection of the area with current zoning. Mr. Garner was concerned that the site plan would spoil the trees. Garner had an architect prepare a plan which would locate and save most of the trees at the site. The overall density would be reduced to 11.9 units per acre with less intensity to the west but with an increase in intensity to the north. However, this plan would provide a better buffer and he felt it was a better plan. Mr. Bill Garner, Country Club Joint Ventuses, spoke in favor stating that the landowners had been contacted regarding the plan. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that nineteen reply forms had Mayor Stephens asked if staff had considered making the egress point and other access points wider. Carson responded that this issue had been reviewed by the Development Review Committee. There were some problems with the farm-to-market road; however, these would be addressed during the platting process. 315 City of Denton City Council Minutes Meeting of October 7, 1986 Page 8 1. The Council considered adoption of an ordinance approving an amendment of an existing planned development and approval of a detailed plan on an 18.543 acre tract'located at the southeast corner of FM 1830 (Country Club Road) and Hobson Lane. Z-1828 The following ordinance was presented: NO. 86-197 AN ORDINANCE AMENDING ORDINANCE NO. 85-256 TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT ZONING DISTRICT THEREIN APPROVED; AS SAID PLAN APPLIES TO 18.543 ACRES OF THE 27.2 ACRES OF LAND IN THE DISTRICT, AND BEING LOCATED AT THE SOUTHEAST CORNER OF F.M. 1830 AND HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. Council Member Alexander commented that the concept of saving trees was most commendable. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council held a public hearing on the petition of J.V. Strange, representing Teasley Road Associates, requesting a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a concept plan on a 50.5 acre tract located at the northeast corner of Kings Row and Loop 288 (currently under construction). Th'e propertY is further described as a tract in the J. Coltart Survey, Abstract 288, and the D. Culp Survey, Abstract 287. If approved, the planned development will permit the following land uses: Single Family Detached - 9.78 acres 27 units on minimum 10,000 square foot lots with a density of 3.4 units per acre Single Family Detached - 31.5 acres 112 units on minimum 7000 square foot lots with a density of 4.4 units per acre General Retail - 7.7 acres Park - 1.47 acres Z-1833 The Mayor opened the public hearing. Mr. J. V. Strange, representing Teasley Road Associates, spoke in favor stating that this venture group had been formed in 1981 to develop the area around Teasley and Pennsylvania. This zoning request was for a 50 acre tract located at Loop 288 and Kings Row. The request had been denied by the Planning and Zoning Commission. on June 11. A revised plan had been approved by the Planning and Zoning Commission in August. Mr. Strange then present,ed an overhead projection of the concept plan. There would be approximately 10 ~ts of ~!ngle f~m~l¥-]0~ ~! =~r~ ~f single family-7, 1 1/2 acres of park and 7 1/2 acres of general retail. The single family-7 would be adjacent to the park and proposed school site in the parcel. It was felt that there was a need for general retail in the area which could be expanded to 9 acres in the future. The corner at Loop 288 and Kings Row as the primary retail site.. Residential land uses were already in place in the area. A lot of road work had been done and utilities had been extended to the parcel as well as to the school site. The school was scheduled to open in the Fall of 1987. 316 City of Denton City Council Minutes Meeting of October 7, 1986 Page 9 Mr. Frank Clemments, land planner on the project, spoke in favor and presented an overhead projection of the total site. He had looked at this parcel as a part of the entire thoroughfare plan. There would be 2 collector streets to Hartlee Field Road and Kings Row. They had looked at the plan from the concept of a neighborhood with homes, a park, a school and general retail. They had worked with staff regarding traffic and right-of-way issues. Turn lanes would be provided. Mr. Lucius Cox, Kings Row and Cooper Creek Road, spoke in favor stating that he felt this was a good plan. Mr. Fred Williams, Kingston Trace II, spoke in favor stating that Mr. Strange had worked with the neighbors and they were in favor of the proposed plan. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that this case had been time consuming and one where there had been "give and take" between staff, the neighbors and the developer. The first petition, which contained multi-family housing, had been denied. This was a low intensity area an the concern was the size of the general retail tract. Such concentrations should be separated by 4 miles according to the Denton Development Guide. Approval of the 7 acre general retail portion of the plan would violate the policy. Another problem with the first petition was that single family-7 backed up to existing single family-16 land uses at Oak Bend Estates. The revised plan had replaced the single family-7 with single family-10 which was more acceptable. Another concern was the trees. 1. The Council considered adoption of an ordinance approving a change in zoning and approval of a concept plan on a 50.5 acre tract located at the northeast corner of Kings Row and Loop 288. Z-1833 The following ordinance was presented: NO. 86-198 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, AS AMENDED, AND AS SAID MAP APPLIES TO 50.5 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF KINGS ROW AND LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." "~tlcn cPr~'ied unanimously~ 6. Consent Agenda Bid ~ 9663 (Ambulance Remanufacture) was removed from the Consent Agenda by staff. Mayor Pro Tem Alford left the meeting. McAdams motion, Hopkins second to approve the Consent Agenda with the exception of Bid # 9663. Motion carried unanimously. 317 City of Denton City Council Minutes Meeting of October 7, 1986 Page 10 Consent Agenda A. Bids and Purchase Orders: 1. Bid # 9631 - Loop 288 utility crossing 2. Bid # 9643 - Utilities Loop 288 30 inch water line 3. Bid # 9647 - Water meters 4. Bid # 9650 - CIP Utilities, Section F (water line improvements to Joyce Lane, Windsor Drive, Bell Avenue, Mingo Road and Westway Street) 5. Bid # 9651 - Participation Holbert-Wyatt water line 6. Bid # 9653 - Bare copper/power cable 7. Bid # 9655 - Painting of Peach Street water tank 8. Bid # 9658 - Printing of Parks and Recreation brochures REMOVED BY 9. Bid # 9663 - Ambulance remanufacture STAFF 10. Purchase Order # 75177 to Southern Hydroflow in the amount of $13,569.14 11. Purchase Order # 75209 to J&S Equipment Co. in the amount of $13,566.48 12. Purchase Order # 75320 to J&S Equipment Co. in the amount of $14,092.25 13. Purchase Order # 75600 to Handar in the amount of $22,845.00 B. Replats: 1. Approval of preliminary and final replat of the north one-half of Lot 2, Block 33, Original Town of Denton Addition. (The Planning and Zoning Commission recommends approval.) C. Change Orders and Final Payments: 1. Consider approval of Change Order #2, Bid # 9550, Water Treatment Plant upgrade (Phase I), Boswell Company, to reduce the contract amount by $2,682.54 and consider final payment to the contractor. (The Public Utilities Board recommends approval.) 2. Consider approval of Change Order #1 and final payment to Dickerson Construction Co., Bid # 9667 for !9~ ........ c~^^~ .... +~r ljn~ (~h~ Public Utilities Board recommends approval.) D. Tax Refunds: 1. Consider approval of a tax refund for K&M Enterprises in the amount of $1,161.55. 7. The Council considered approval of Bid # 9654 for janitorial service. 318 City of Denton City Council Minutes Meeting of October 7, 1986 Page 11 John McGrane, Director of Finance, reported that this item had been bid twice. The first time, three proposals were received; however, due to the large variance in the bids, it had been decided to rebid. The new specifications set a minimum number of hours required to clean each building and removed all the paper goods. It was felt the City could furnish the paper goods at a lower cost than that which had been submitted on the first bid. The second bids received ranged from $109,176 to $143,760 and the low bidder had been selected. Mayor Stephens asked if staff had spoken to Mr. Brammer of Apex. John Marshall, Purchasing Agent, responded that he had spoken to Mr. Brammer on the telephone. Mr. Brammer was not present at the bid opening. City Manager Lloyd Harrell asked if Apex had bid the second time. Marshall responded yes. Mr. Andy Brammer of Apex stated that he felt the costs submitted on the second bid supported the first bid of $98,000 which Apex had submitted. He felt the high bid by Pedus on the first bid came down because of the opportunity for the second bid. He felt the first bid submitted by his firm was competitive. Council Member McAdams asked Mr. Brammer why Apex increased their bid amount on the second bid if he felt the first bid amount was competitiw~. Brammer replied that he had been responding to the stipulation in the rebid to set a minimum number of hours to perform the janitorial services. He felt this would be impossible to enforce. Their first bid was lower because they were very efficient in their operation Dnd could accomplish the cleaning in less time than the minimum number of hours which was set in the rebid specifications. Apex felt the job should be bid by contract and not by hours. Harrell reported that the second specifications included staff's best estimate on the number of hours it would take to do an acceptable cleaning job on the City facilities. In order to preserve the credibility of the bidding process, bids could not be fairly compared if one firm submitted a bid based on hours to complete the task while another firm submitted a bid based on only contracting to do the job without calling out the number of hours required. Council Member Riddlesperger stated that he was sorry Mr. Brammer had not understood and had bid too high. Council Member McAdams asked if the iow bid on the hours was lower than minimum wage if the total dollar figure was divided by the total hours. Harrell responded no. The job was bid at different wages per hour for workers and various numbers of hours per task. Council Member Hopkins stated tb^ ~ "~,'~ ~ ~ ~m ~- n,lmh~r of hours or straight contract basi~. McGrane responded that staff felt all bidders should know the standard of cleaning which was expected and it would require a certain number of hours to achieve that standard no matter who was performing the cleaning. Council Member Alexander asked if a minimum number of hours was called out for the first bid. McGrane replied no. 319 City of Denton City Council Minutes Meeting of October 7, 1986 Page 12 Council Member Alexander stated that the minimum number of hours had been added to bring all the bids into line and to be competitive. Mr. Eliah, representing Contract Cleaning and Maintenance, stated that his firm had bid on the second bid. They were the lowest bidder until the City took out the paper goods and they then came in second. He felt his firm should be awarded the bid. Chew motion, Alexander second to award Bid # 9654 to Pedus. Council Member McAdams asked if it was standard procedure to arbitrarily take out the paper goods. Marshall responded that this was not an arbitrary decision. The City could supply the paper goods cheaper. This had been specifically called out. The motion was called. Motion to award Bid # 9654 to Pedus carried 5 to 1 with Council Member Hopkins casting the "nay" vote. 8. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-199 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance excluding Bid # 9663. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-200 AN ORDINANCE ACCEPTING COMPETiTiVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBliC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. 32O City of Denton City Council Minutes Meeting of October 7, 1986 Page 13 The following ordinance was presented: NO. 86-201 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of ordinance to amend the schedule of fees for zoning activities. City Manager Lloyd Harrell reported that this ordinance would implement the fees which had been approved during the budget process. The following ordinance was presented: NO. 86-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES PROVIDED FOR BY APPENDIX A AND B OF THE CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye, " and Mayor Stephens "aye." Motion carried unanimously. E. The Council was to have considered adoption of an ordinance approving Bid # 9610 for the Lewisville Lake hydroelectric turbine generator. This item was removed from the agenda by staff. F. The Council considered adoption of an ordinance establishing residential and commercial garbage collection charges. City Manager Lloyd Harrell reported that this item had been discussed at length during the budget process. The following ordinance was presented: NO. 86-203 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE ~ND RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams Jccon~ '- -~ ........... ~ ..... d~ rnll mmll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance repealing Article III of Chapter 13 (Health and Sanitation) of the Code of Ordinances relating to massage establishments. Debra Drayovitch, City Attorney, reported that this ordinance would repeal an existing ordinance. Provisions of the existing ordinance were now regulated by State law. 321 City of Denton City Council Minutes Meeting of October 7, 1986 Page 14 The following ordinance was presented: NO. 86-204 AN ORDINANCE REPEALING ARTICLE III OF CHAPTER THIRTEEN "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO MASSAGE ESTABLISHMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance repealing Article III of Chapter 14 (Offenses and Miscellaneous Provisions) of the Code of Ordinances. Debra Drayovitch, City Attorney, reported that this would eliminate those offenses covered by State law. The following ordinance was presented: NO. 86-205 AN ORDINANCE REPEALING ARTICLE III OF CHAPTER FOURTEEN "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO PUBLIC MORALS AND CONDUCT; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance establishing rates for the rental of aircraft hangar and tie-down space owned by the City of Denton and authorizing the City Manager or his designee to enter into contracts for the rental of such property. Bill Angelo, Assistant Director of Public Works, reported that the north end of the airport had been recaptured. This area had hangars and tie-downs. The proposed ordinance would establish rates for the use of these facilities. The following ordinance was presented: NO. 86-206 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING RATES FOR THE RENTAL OF AIRCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON THE DENTON MUNICIPAL AIRPORT, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vot~, ' .... -~'~. " .... ~ . " -~- ..... ~ ....... ~-~.~ "=~..~·" ~.~...~n~U~n~ ~ .=~_.~ " Ridd!esperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. .J. The Council considered adoption of an ordinance prohibiting U turns on U. S. Highway 380 (University Drive) at its intersection with Hinkle Drive. Rick Svehla, Assistant City Manager, reported that there had been a number of accidents at this location. The Citizens Traffic Safety Support Commission was requesting the Council consider approval of the ordinance. 322 City of Denton City Council Minutes Meeting of October 7, 1986 Page 15 The following ordinance was presented: NO. 86-207 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U TURNS ON U.S. HIGHWAY 380 (UNIVERSITY DRIVE) AT ITS INTERSECTION WITH HINKLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the east and west sides of Bonnie Brae Street from its intersection with Scripture Street to its intersection with Bonnie Brae Street between the hours of 10:00 p.m. and 6:00 a.m. Rick Svehla, Assistant City Manager, reported that this ordinance was placed on the agenda at the request of the property owners adjacent to McKenna Park and also the Parks and Recreation Board. There was a 10:00 p.m. curfew in the park and this ordinance would prohibit parking around the park during those hours the park was closed. The following ordinance was presented: NO. 86-208 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE EAST AND WEST SIDES OF BONNIE BRAE STREET FROM ITS INTERSECTION WITH SCRIPTURE STREET TO ITS INTERSECTION WITH BONNIE BRAE STREET BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Stephens motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. Resolutions A. The Council considered approval of a resolution authorizing publication of notice of intention to issue Certificates of Obligation of the City of Denton, Texas.for airport improvements. City Manager Lloyd Harrell reported that this item had been discussed in the work session. The date to receive the bids would be changed from December 2 to December 9. The following resolution was presented: D ~Or,r~m TON AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR AIRPORT IMPROVEMENTS 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. 323 City of Denton City Council Minutes Meeting of October 7, 1986 Page 16 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 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 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. Chew motion, Alexander second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City to reimburse Arco Pipeline Company for relocating pipes within right-of-way of Loop 288 as per contract between the City and the State. Rick Svehla, Assistant City Manager, reported that this resolution would formalize an agreement that the City would pay Arco for pipeline relocation. The lines were not actually in the right-of-way but did need to be relocated. The following resolution was presented: RESOLUTION WHEREAS, on July 25, 1978, the City of Denton ("City") entered into a contract with the State Department of Highways and Public Transportation ( "State" ) to procure right-of-way for the construction and extension of Highway Loop 288; and WHEREAS, pursuant to said acquisition and construction, ARCO Pipe Line Company ( "ARCO" ) is required to relocate its pipeline; and WHEREAS, in accordance with said agreement, the City is obligated to initially reimburse ARCO for the actual cost of the pipeline relocation subject to reimbursement by the State for ninety percent of the eligible cost for relocation as paid by the City to ARCO; and WHEREAS, the actual cost of the pipeline relocation is estimated to be in the amount of $52,960.00; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Manager is hereby authorized, in accordance with the terms of the aforesaid contract, to reimburse ARCO Pipe Line Company, upon completion of the relocation of its pipeline, the eligible actual cost for such location, the estimated eligiDle cost thereof being in the amount of $52,960.00. SECTION II. That this resolution shall become effective immediately upon its passage and approval. 324 City of Denton City Council Minutes Meeting of October 7, 1986 Page 17 PASSED AND APPROVED this the 7th day of October, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," " " and Mayor Stephens "aye." Motion Riddlesperger "aye, Chew "aye, carried unanimously. C. The Council considered approval of a resolution naming members to the Denton Committee for the Bicentennial of United States Constitution. Mayor Stephens stated that the City Council had previously authorized the formation of this committee. Dr. John Kincaid had agreed to chair the committee and had put together the list of members. This resolution was a requirement for recognition as a Bicentennial of the United States Constitution community. The following resolution was presented: RESOLUTION WHEREAS, September 17, 1987 is the 200th Anniversary of the signing of the United States Constitution; and WHEREAS, the Constitution, as ratified, embodies the ideals of liberty under law and was designed to maintain our free government in perpetuity as a more perfect union and to secure the blessings of liberty by consent of the governed; and WHEREAS, few governments in the world have been able to provide liberty and stability to their citizens under a written constitution for more than a generation; and WHEREAS, the laws adopted under this charter of freedom and the attractive way of life resulting have drawn to our shores citizens from every corner of the world, and provide impressive evidence of the enlightened vision and the wisdom of the drafters of the Constitution; and WHEREAS, the Bicentennial offers the opportunity for the American people to rededicate themselves to the great principles .............. ........... ~ ¥~^ ~°~. ~ ~ur nationa.], strength and prosperity; and WHEREAS, it is timely and appropriate for us to keep in our hearts and minds the marvelous achievements of the Constitutional Convention in 1787 and to preserve the Constitutional Republic and the high ideals of our Founding Fathers by appointing a Bicentennial Committee to institute a commemorative program to educate the residents of the City of Denton about the meaning and significance of the Constitution; 325 City of Denton City Council Minutes Meeting of October 7, 1986 Page 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE C~TY OF DENTON: SECTION I. That the following individuals are hereby ~ppointment to constitute the Bicentennial Committee of the City of DEnton: Ronald L. Arrington Maria McNeil Buddy Cole Kay Norman Harry G. Hall Richard E. Nygren Byron Hart Hazel A. Peterson James P. Heath Irene Price Sam Houston Gustav L. Seligmann Timothy Hoye Joanne Shipley John Kincaid Ruth Tansey Betty Kreps Linda Piatt Bullitt Lowry Lucy Campbell Alan Lobaugh Ray Stephens Mary Alice Moreno SECTION II. That said Committee is hereby authorized to institute a commemorative program to education the residents ofI the City of Denton about the meaning and significance of the Consti!tution SECTION III. That this resolution shall become effective immediately upon its Passage and approval. : PASSED AND APPROVED this the 7th day of Octobeir, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Hopkins motion, Alexander second that the resolutioni be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "iaye." Motion carried unanimously. 10. The following miscellaneous matters were reported by the City Manager. City ~anager Lloyd Harrell reported that a request had ibeen rece~v~ from the Denton Independent School District Board 'for a joint luncheon meeting with the City Council. October 20, Niovember 3 and November 5 were the three possible dates selected with November 3 being the first choice. Harrell also reported that a flight departing Hobb~ Airport in Houston at 8:15 a.m. had been booked for those Counci~~ Members who wished to attend the hearings in Austin by the Select! Committee on Higher Education regarding the proposed merger of NTSU and TWU. 326 City of Denton City Council Minutes Meeting of October 7, 1986 Page 19 The CIP Committee was moving along with their work. The subcommittee chairpersons would meet on October 8 to negotiate tasks and dollars. The entire committee would meet on October 13. Harrell concluded by reporting that the Chamber of Commerce was organizing a Denton County Day in Austin on April 7, 1987. This would be a legislative effort. The Council would canvass the vote of the City Officer Election on April 8. It was agreed that the Mayor would attend the reception which was planned and other Council Members would attend the picnic. 11. New Business The following items of New Business were suggested by Co~.ncil Members for future agendas: Council Member McAdams requested a work session to discuss the status of the City of Denton's continued membership in the North Texas Commission. 12. There was no official action on Executive Session items of legal matters, real estate or personnel/board appointments. This item was moved back in the agenda order. 5. The Council held a discussion of staff reorganization in various City departments. This item was taken under the Executive Session. 14. The Council convened into the Executive Session to discuss legal matters, real estate and personnel/board appointments. No official action was taken. With no further items of business, the meeting was adjourned. CHARLOTTE ALLEN, CITY SE~ET~Y CITY OF DENTON, TEXAS 0421o 327 City Council Minutes October 21, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation 1. The Council held a discussion on proposed preliminary plat of the Fig Art Addition, a development planned on 7 acres beginning adjacent and south of FM 2181, across from Hickory Creek Mobile Home Park, approximately 1.1 miles south of Hickory Creek Road within the extraterritorial Jurisdiction of the City of Denton for the purpose of determining whether to begin the annexation process. David Ellison, Senior Planner, clarified the area in question on a map which displayed the City of Denton and City of Corinth agreement line. If a 500 feet strip was annexed, the total area would we approximately 43 acres. The Hickory Creek Mobile Home Park was slightly offset from the proposed annexation site to the north and east. The issue which had triggered the discussion of annexation was a proposal for a light aluminum metal fabrication plant on this tract. The proposed use would have 170 feet of frontage on FM 2181 and was adjacent to the east to the Jaymar commercial plumbing facility. The Planning staff felt this area could no longer be considered as £emote due to the Hickory Creek Mobile Home Park and Jaymar. A plat had not yet been filed for the proposed metal fabrication plant. There were various alternatives the Council could consider. If the Council directed staff to begin annexation procedures at this time, the annexation process would take approximately five months to complete. During this time, the developer could file a preliminary and final plat and begin construction. If this occurred, zoning would~ not De an issue. However, if a problem arose with the plats or other procedural matters, the City could complete the annexation and the developer would be required to petition for light industrial zoning prior to construction. The question was whether to begin annexation to benefit this use and other uses and try to stop light industrial strip uses or not. The down side was the impeding of possible employment generating operations. Ellison further reported that Council could direct staff to begin annexation on just this parcel, or a larger area or to only monitor activity at this time. He then presented slides of the entire area. The consensus of the Council was to proceed with annexation procedures for a 500 feet or 1,000 feet strip so as to take in the specific tract being targeted for the metal fabrication plant. 2. The Council held a discussion regarding future membership in the North Texas Commission. City Manager Lloyd Harrell reported that this item nad been discussed by the Council on October 7. Council had requested staff to contact the Chamber of Commerce to get their opinion. The agenda back-up material included a letter from Chuck Carpenter of the Chamber as well as ~ 1~,~ ~ *h~ m~nr C~H~ in th~ ~rea who were members of the North Texas Commission. Mr. Carpenter's letter stated that the Chamber felt there was value in remaining in the Commission, but suggested the City consider a $1,000 membership rather than the more expensive full membership. However, staff did not feel the $1,000 membership would De useful. A survey of other cities had supported the opinion that the City probably would not recoup the membership fee investment; however, the North Texas Commission with economic development on a regional scale. 328 City of Denton City Council Minutes Meeting of October 21, 1986 Page 2 Mayor Stephens stated that he had spoken with Chancellor Hurley of North Texas State University. Dr. Hurley felt the new leadership at the North Texas Commission would be moving toward high technology ventures which would benefit not only the university, but the community as well. Council Member Alexander stated he felt this issue should De reviewed carefully and it would be unwise for the City of Denton to withdraw from the North Texas Commission at this time. Council Member Riddlesperger stated he felt Denton should be a part of this regional organization in light of the commitment to economic development. Council Member Chew stated that ne would like to have the Executive Director appeared before the Council and discuss what the North Texas Commission was currently doing. The consensus of the Council was to invite staff representatives from the North Texas Commission to meet with the City Council on November 4 at the 6:00 p.m. work session. 3. The Council considered giving staff direction regarding engineering work on the Oak-Hickory street improvement project. Rick Svehla, Assistant City Manager, reported that several options were available. Both Oak and Hickory could be converted to all one-way from Bonnie Brae to the Downtown Square. For the section at Avenue C, one option was three lanes of 37 feet width or three lanes of 45 feet width. The 45 feet width would allow for a parking lane; however, the 37 feet width would be less costly. The design should be decided on as quickly as possible due to the process of having to go through the Citizens Traffic Safety Support Commission prior to final approval Dy the City Council. All of this would have to De accomplished before bidding and construction could begin. Council Membe~ Alexander stated that he had received telephone calls from residents on Oak Street who were concerned that the change would increase traffic flow. This, coupled with the loss of on-street parking spaces, would have an adverse effect on the neighborhood. Svehla reported that this project could be delayed until the first of the year. 4. The Council received a report on the Utility Department Management Study by Dr. Littlefield. City Manager Lloyd Harrell called on Mr. Roland Laney, Chairman the Public Utilities' Board, to introduce Dr. Littlefield. Mr. Roland Laney stated that the Public Utilities' Board had seen a need for this type study two years ago. This was a preliminary study exploring how the Utility Department operated and interfaced with other City departments prior to the technical study which was required by the City Charter. The purpose of the study was to establish goals for the Utility Department prior to hiring a consultant to perform the r~u~r~ ~ Dr. Littlefield reported that t~is study had focused on opportunities to improve management and to make a good utility system even better by obtaining ideas from within the system. Input had been received from approximately thirty-five utility manager level persons as well as personnel from other departments. He had played a coordinating role in the information gathering process. This had lead[ to constructive discussions and many good ideas had been expressed and subsequently implemented. Dr. Littlefield then gave an overw[ew of the organization of the study. 329 City of Denton City Council Minutes Meeting of October 21, 1986 Page 3 Bob Nelson, Director of Utilities, reported that he felt this study had been a good tool in helping the various work groups to do a self-analysis. Input had been received from the staff and the Public Utilities' Board. Concerns had been expressed regarding critical positions which were difficult to staff a~nd with the Utility Department liaison with the Data Processing Department. It was felt that further analysis would be needed. City Manager Lloyd Harrell reported that he agreed with Dr. Littlefield's comments. The study had looked at a system which was working well and was attempting to "fine tune it!', which was preferable to studying an operation which was in trouble and trying to make it work. There had not been any startling news discovered by the study but rather valid points which had been raised. Council Member Riddlesperger asked if this study took the place of a review done by experts in the utility field or was this a different approach. Laney responded no; this had been a rather unique approach in that the study did not examine the technology of producing electricity, but rather at ways to improve internal departmental operations as well as relations with other City departments. The stu. dy which was required by the City Charter would deal with all of the technical issues. The management report did not address impact fees, any TMPA issues, long-term electrical supply issues, etc. Mr. Ed Coomes, member of the Public Utilities' Board, asked the Council to review pages 78 tarough 90 of the management report with special attention. Mr. Kenneth Frady, member of the Public Utilities' Board, reiterated Mr. Coomes's remarks and asked the Council to read the report as see what the Utility Department was and how they could improve. 5. The Council convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. No official action was taken. The Council then convened into the Regular Meeting at 7:10 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Atford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation 1. The Council considered approval of a request by the Jane Marshall School to place a banner across a public street to advertise a Children's Fine Arts Series. Chew motion, McAdams second to approve the request. Motion carried unanimously. 2. The Council received a report from the CIP Committee and c~ ........ '=~ ~ = ~ ~ bold a public hearing regarding the proposed CIP program. Dr. Hugh Ayer, Chairman of the Capital Improvement Project Committee, reported that he appreciated the opportunity to appear before the City Council and this had been a fine committee to chair. He then extended thanks to the fifty members of the Citizens Blue Ribbon Committee as well as the City of Denton staff for their superb support. A special thanks was then extended to the five subcommittee chairpersons Jack Miller, Bill Claiborne, Joe Holland, Kathy Orr and Bob Gorton. A lot of work had been done from September 4 to September 30. The Committee nad been on field trips, 330 City of Denton City Council Minutes Meeting of October 21, 1986 Page 4 had met several times and had received input from citizens. Ail the information from the subcommittees was forwarded to the chairperson by October 4. Dollars needed to be trimmed and too many projects were placed during the first years of the five year time schedule. The Committee had submitted $7,000,000 of projects during the first year and this needed to be reduced to $3,500,000. The chairpersons of the subcommittees met on October 8 and discussed stretching the time frames or deleting projects. The recommendations had received unanimous approval by the subcommittee chairpersons. The full Committee met again on October 13 and unanimously voted approval of the revised plan. The Planning and Zoning Committee had also unanimously voted approval of the five year plan on October 15. The Council must keep in mind that this time was a long range program and it did not contain any fluff. The CIP recommendation in its entirety was very similar to the Planning and Zoning recommendation; however, the CIP had proposed some changes and deletions to the original Planning and Zoning recommendation. The total package totaled $21,637,000. The timing of the projects had Deen recommended based on three considerations: priority neeas (such as the recreation center in southeast Denton); State government planning for highway projects (such as the Loma Del Rey drainage project); and the financial facts of life (how much could the City of Denton absorb in deDt service). Ayers then presented the following slides. BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1986-1987 TOTAL: $3,463,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST East Community Center $1,200,000 Athletic ~e~ n~lnnm~nk 50,000 $f,250,000 DRAINAGE PROJECT COST Taylor Park Drainage $300~000 Woodrow Bridge 250.000 Pecan Creek Drainage 110 ~000 Audra Lane Drainage 90 000 Burning Tree Drainage 64.000 Stuart/Selene Drainage 50.000 Study Drainage Regulations 25 ~000 $889,000 331 City of Denton City Council Minutes Meeting of October 21, 1986 Page 5 ANIMAL CONTROL CENTER EXPANSION PROJECT COST Animal Control Center Expansion $185,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1987-1988 TOTAL: $3,612,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Improve Woodrow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage Improvements 250,000 Teastey Lane 200,000 Traffic Study, Phase II 75,000 Traffic Signals 25,000 $1,525,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 DRAINAGE PROJECT COST Willow Springs Drainage $337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN I~m~Dm~n ~y pr. AMMTM~ AND ZONING COMMISSION, OCTOBER 15, 1986) 1988-1989 TOTAL: $3,615,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 332 City of Denton City Council Minutes Meeting of October 21, 1986 Page 6 FIRE STATION AND EQUIPMENT PROJECT COST Fire Station $500,000 Fire Equipment 200,000 $700,000 DRAINAGE PROJECT COST Update Master Drainage Plan $425,000 LIBRARY EXPANSION PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion STREETS/TRAFFIC/TRANSPORTATION PROJECT COST FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Plans for 5aw Enforcement/Court Complex $200,000 BLUE ]RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1989-1990 TOTAL: $5,325,000 STREETS/TRAFFIC/TRANSPORTATION ~n~m~ COST LOOp 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 $3,550,000 333 City of Denton City Council Minutes Meeting of October 21, 1986 Page 7 DRAINAGE PROJECT COST Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Law Enforcement/Court Complex $500,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1990-1991 TOTAL: $5,622,000 LAW ENFORCEMENT CENTER/COORT COMPLEX PROJECT COST Law Enforcement/Court Complex $1,900,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000 LIBRARY EXPANSION PROJECT COST Library Expansion $600,000 DRAINAGE PROJECT COST Fort Worth Drive/James Street Drainage $90,000 334 City of Denton City Council Minutes Meeting of October 21, 1986 Page 8 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) STREETS/TRAFFIC/TRANSPORTATION 1986-1987 PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 1987-1988 Improve Woodrow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage Improvements 250,000 Teasley Lane 200,000 Traffic Study,. Phase II 75,000 Traffic Signals 25,000 $1,525,000 1988-1989 FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,00~ 1989-1990 Loop 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E ~ US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 $3,550,000 1990-1991 Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000 335 City of Denton City Council Minutes Meeting of October 21, 1986 Page 9 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS 1986-87 PROJECT COST East Community Center $1,200,000 50,000 Athletic Field Development $1,250,000 1987-1988 Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 1988-1989 Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 1990-1991 Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) DRAINAGE 1986-1987 PROJECT COST Taylor Park Drainage Woodrow Bridge 250,000 Pecan Creek Drainage 110,000 Audra Lane Drainage 90,000 Burning Tree Drainage 64,000 Stuart/Selene Drainage 50,000 Study Drainage Regulations 25,000 $889,000 336 City of Denton City Council Minutes Meeting of October 21, 1986 Page 10 t987-1988 PROJECT COST Willow Springs Drainage $337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 1988-1989 Update Master Drainage Plan $425,000 1989-1990 Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 1990-1991 Fort Worth Drive/James Street Drainage $90,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED B~ PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LAW ENFORCEMENT CENTER/COURT COMPLEX 1988-1989 PROJECT COST Plans for Law Enforcement/Court Complex $200,000 1989-1990 Law Enforcement/Court Complex $500,000 1990-1991 Law Enforcement/Court Complex $1,900,000 337 City of Denton City Council Minutes Meeting of October 21, 1986 Page 11 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LIBRARY EXPANSION 1988-1989 PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion 1990-1991 Library Expansion $600,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED B~ PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ANIMAL CONTROL CENTER EXPANSION 1986-1987 PROJECT COST Animal Control Center Expansion $185,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBSR 15, 1986) FIRE STATION AND EQUIPMENT 1988-1989 PROJECT ~cm Fire Station $500,000 Fire Equipment 200,000 $700,000 Ayers concluded by stating that the Capital Improvements Committee additionally recommended that a public hearing be held by the City Council. They further recommended that a select committee of five to six persons be selected for the life of the projects to monitor progress. This select committee would meet once a year during the five year program to review and report to the citizens of Denton the 338 City of Denton City Council Minutes Meeting of October 21, 1986 Page 12 progress of the program. This would relieve the minds of the citizens that: the projects were being funded with bond money. The final recommendation of the Capital Improvements Committee was that the propositions should be listed on the ballot in the following order: street and traffic; drainage; animal control; fire station and equipment; athletic fields, community and senior citizens centers; library expansion; law enforcement and court center. Chew motion, Alexander second to set October 28 as the date for a public hearing on the CIP recommendations at 7:00 p.m. in the City Council Chambers. Mayor Stephens asked that the announcement in the newspaper should also include that a copy of the CIP Committee proposal was available in the Office of the City Secretary and in the Public Library. Motion carried unanimously. Council Member Chew stated that the five subcommittee chairpersons and Hugh Ayers should be appointed as the standing monitoring CIP Committee. 3. The Council held an appearance Dy Mr. Carl Williams to discuss Police Officers working as security guards while still in City of Denton uniform. This item was passed in the agenda order as Mr. Williams was not present. 4. Public Hearings A. The Council held a public hearing on the petition of Paul Hastings, representing Golden Triangle Joint Venture, requesting approval of a detailed plan, including the preliminary plat of Golden Triangle/Michael's Addition, on a 3.2373 acre tract which is included in a planned development (PD-6). The property is located on Colorado Boulevard northwest of Loop 288 and shown in the J. S. Taft Survey No. 1256. If approved, the property may be utilized for 37,850 square feet of retail and restaurant space. Z-1834 The Mayor opened the public hearing. Mr. Paul Hastings, the petitioner, spoke in favor stating that he thanked David Ellison and Cecile Carson for their assistance and support in this petition. He was the architect representing the owner and would be glad to respond to any questions. No one spoke in opposition. The Mayor closed the public hearing. David Ellison, Senior Planner, reported that five reply forms had been mailed with zero returned. A restaurant and retail use would soon De under construction. The Planning and Zoning Commission nad recommended approval 6 to 1 with the desenting vote cast because no landscape plan was submitted. 1. The Council considered adoption of an ordinance approving a detailed plan on a 3.2373 acre tract which is included in a planned development PD-6. The following ordinance was presented: 339 City of Denton City Council~Minutes Meeting of October 21, 1986 Page 13 NO. 86-209 AN ORDINANCE APPROVING A DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 69-35, AS SAID DETAILED PLAN APPLIES TO 3.2 ACRES OF LAND LOCATED ON COLORADO BOULEVARD, NORTHWEST OF HIGHWAY LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second that the ordinance be adopted. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Burke Engineering, representing Bill Roberds, requesting a change in zoning from the agricultural (A) to the planned development district and approval of a concept plan on a 58.662 acre tract located west of North Locust (FM 2164) and northwest of Hercules Lane. The property is more fully described in the Thomas Toby Survey, Abstract 1288. If approved, the planned development would permit the following land uses: General Retail - 2.84 acres Multi-Family - 11.10 acres, 190 total units, with a density of 17.1 units per acre Garden/Townhouse - 7.27 acres, 74 total units, with a density of 10.2 units per acre Single Family-7 - 18.64 acres, 76 total units, with a density of 4.1 units per acre Greenbelt - 18.81 acres Z-1835 The Mayor opened the public hearing. Mr. Brian Burke, Burke Engineering, spoke in favor stating that his firm had worked with staff and the neighbors on this petition and felt all involved were in agreement. No one spoke in opposition. The Mayor closed the public hearing. David Ellison, Senior Planner, reported that this petition had been before the Planning and Zoning Commission in June, i985 and had Oeen denied. The area had been relooked and resubmitted. The Planning and Zoning Commission felt that ~his was probably the best that the City would get. There had been eight reply forms mailed with zero returned. 1. The Council considered adoption of an ordinance approving a change in zoning and concept plan on a 58.662 acre tract located west of North Locust (FM 2164) and northwest of Hercules Lane. The following ordinance was presented: ~ 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, AS AMENDED, AND AS SAID MAP APPLIES TO 58.6 ACRES OF LAND LOCATED WEST OF NORTH LOCUST STREET (F.M. 2164) AND NORTHWEST OF HERCULES LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. 34O City of Denton City Council Minutes Meeting of October 21, 1986 Page 14 Alexander motion, Chew second that the ordinance be adopted. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Consent Agenda: A. Bids and Purchase Orders: 1. Bid # 9652 - Precast wall construction 2. Bid # 9656 - North Locust Street paving and drainage 3. Bid # 9659 - Concrete poles 4. Purchase Order # 75417 to R & ? Properties, Inc. in the amount of $27,560.50 5. Purchase Order # 75735 to General Electric Company in the amount of $19,230.00 6. Purchase Order # 75742 to Thermo Tech Inc. in the amount of $16,662.00 7. Purchase Order # 75803 to Xerox Corporation in the amount of $20,043.00 B. Change Orders: 1. Change Order # 1 to Bid # 9643 - CIP utilities Loop 288 30" water line - to reduce the contract by $41,250.00 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-211 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A%~ARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second that the ordinance be adopted. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-212 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 341 City of Denton City Council Minutes Meeting of October 21, 1986 Page 15 Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "ayet" Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-213 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to aaopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council consiaered adoption of ordinance and service plan annexing approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approximately one mile south of FM 426 (East McKinney) and one and one-half miles north of 1-35E. A-37 City Manager Lloyd Harrell reported that this was the final action on this annexation. The following ordinance was presented: NO. 86-214 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 APPROXIMATEL~ 132.64 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1330; AND PART OF THE W. DURHAM SURVEY, ABSTRACT NO. 300, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second that the ordinance be adopted. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance establishing a fee for defensive driving courses taught by and Harlan Jefferson, Administrative Assistant, reported that over the last twelve years the City of Denton had been teaching Defensive Driving at a minimum charge to citizens. The cost to the City would be increasing and staff wanted to increase the fees to the minimum of $20.00. 342 City of Denton City Council Minutes Meeting of October 21, 1986 Page 16 The following ordinance was presented: NO. 86-213 AN ORDINANCE ESTABLISHING A FEE FOR DEFENSIVE DRIVING COURSES TAUGHT AND ADMINISTERED BY THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development. City Manager Lloyd Harrell reported that this item had been discussed on several occasions and he did not wish to belabor the issue; howew~r, this was a new initiative to join hands with the private sector through the Chamber of Commerce to make real positive in roads to economic development. Minor adjustments to the contract had been approved by the City Attorney. These changes had been incorporated. Mr. Harrell then reported that the Chamber had requested the City announce that the provision in the contract dealing with the City's review and approval of operational changes did not include daily operations, but rather minor changes only. Mayor Stephens asked about the size of the total committee. Harrell responded that the City Council would appoint five members. Derrell Bulls, President o~ the Chamber of Commerce, reported that the total number of persons for this committee nad not been determined. There were presently seventeen members of the Chamber Economic Development Team. Tne Chamber was excited about this project and the relationship with the City and the private sector. Council Member Alexander stated that he had heard speeches by the City Manager, Mr. Jerry Cott and others on economic development and he believed this partnership was very positive. The following ordinance was presented: NO. 86-216 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance and approve the agreement with the amendment that the intent of the review provision was not for daily operations but rather for major changes or procedures. Mayor Pro Tem Alford stated that he had been active in the Chamber of Commerce prior to his election to the City Council and he felt this joint effort was good for Denton. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 343 City of Denton City Council Minutes Meeting of October 21, 1986 Page 17 G. The Council considered adoption of an ordinance establishing fees and charges for the Emily Fowler Public Library. City Manager Lloyd Harrell reported that this was a routine item. Joella Orr, Director of the Public Library, reported that this was a housekeeping item and would allow the City to honor its commitment to the State library system as well as keeping library fines consistent. The following ordinance was presented: NO. 86-217 AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR THE EMILY FOWLER PUBLIC LIBRARY AND DECLARING AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution designating the official newspaper of the City of Denton. The following resolution was presented: RESOLUTION WHEREAS, Section 14.03 of the Charter of t~e City of Denton provides that the City Council shall annually select and designate the official newspaper of the City in which all ordinances and official notices that are required to be published shall De published; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas hereby designates and appoints the Denton Record-Chronicle as its official newspaper. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 21st day of October, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CI'£Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 344 City of Denton City Council Minutes Meeting of October 21, 1986 Page 18 McAdams motion, Chew second that the resolution designating the Denton Record-Chronicle as the City of Denton official newspaper be approved. On roll call vote, McAdams "aye," Alexander "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 8. The Council considered authorization to solicit bids for the sale or trade of a 0.462 acre tract of public land situated north of and abutting Windsor Drive and west of Sherman Drive and more fully described as Lots 10 and 11, Meadowbrook Subdivision. D-39 David Ellison, Senior Planner, reported that this property had been transferred to the City in 1975 to be used as a drainage easement. Council Member McAdams left the meeting. Ellison further reported that a request for disposition had been received. The original bid had been erroneously advertised as Lots 9 and 10. The correct lots Should be 10 and ll. Riddlesperger motion, Chew second to approve the solicitation of bids. Motion carried unanimously. Council Member McAdams joined the meeting. 9. The Council considered authorizing the Mayor to establish a task force on drug abuse information and prevention in cooperation with programs offered by the U. S. Conference of Mayors and the White House. Mayor Stephens stated that the United States Conference of Mayors had designated November 18 as D-Day on Drugs. In order for cities to receive Federal grant money for drug abuse programs, a task force must be established. Approval of this item would authorize the formation of a task force. The City Council would approve the members to be appointed. Riddlesperger motion, Chew second to authorize the Mayor to establish the task force on drug abuse information. Motion carried unanimously. 10. The following miscellaneous matters from the City Manager were reported. City Manager Lloyd Harrell reminded the Council of the joint meeting on November 3 at 11:30 a.m. at the Ramada Inn with the Denton Independent School District Board of Trustees. The City column in the Denton RecordjChronicle had begun. Mr. Harrell asked the Council to please follow the guidelines on the calendar for topics and dates. There was a strong possibility of a bond election. Preclearance would be required by the Justice Department. ~he consensus of the Council was to use paper ballots and use the Civic Center as the polling place. 11. New Business The following items of new business were suggested Dy Council Members for future agendas: Council Member McAdams asked the Planning Department to take a few .pictures of development sites for Council review with the idea of what changes would be required should the twenty percent landscaping requirement be implemented. 345 City of Denton City Council Minutes Meeting of October 21, 1986 Page 19 Council Member Chew asked that the issue of a standing Capital Improvements Project Monitoring Committee be placed in the October 28 Council Agenda. 12. There was no official action on Executive Session items of legal matters, real estate and personnel/board appointments. 13. The Council was to have held a discussion of Ali-Alkafaji versus the City of Denton and Maverick Aircraft versus the City of Denton under the Executive Session. As no Executive Session was held, this item was not discussed. 14. Executive Session The Council did not convene into the Executive Session. Chew motion, Alexander second to adjourn. Motion to adjourn carried unanimously. With no further business, the meeting was adjourned at 8:30 p.m. RA~ S~~ CITY ~F DENTON, TEXAS CHARLOTTE ALLEN, CITY SE~RETAR~ CITY OF DENTON, TEXAS 0422O 346 City Council Minutes October 28, 1986 The Council convened into the Special Called Meeting at 5:30 p.m. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation 1. The Council received a report on the 1986 City Council goals and priorities. City Manager Lloyd Harrell reported that staff was trying diligently to move ahead with these goals. Reports on two of these goals would be presented at this meeting. A third report on energy was scheduled for this date; however, Bob Nelson had asked for a postponement until January. # 9 Beautification Rick Svehla, Assistant City Manager, reported on Code Enforcement stating that some of the action items specified in the work plan had been accomplished. The Code Enforcement operation had been administratively moved to the Solid Waste Division of the Public Works Department. The operation was being reviewed and an implementation plan would be put together during the next week to be presented to Council on December 9. Staff was trying to keep track of themselves when they went to Court. City Manager Lloyd Harrell further reported that it was staff's understanding that Council wanted more aggressive Code Enforcement activity. Staff would touch base with the City Council prior to implementation of new activities. Svehla then reported on the park deaication portion of the beautification goal stating that staff had met with developers and the developers were not pleased with the idea of mandatory dedication of land to be developed into parks. The City had articulated its needs and the developers were in the process of reviewing these needs and would provide input at a future meeting with staff members. The developers would be attending the Parks and Recreation Board meeting in November and would submit their plan for voluntary dedication at the January board meeting. When this had been completed, the Parks and Recreation Board would then hold at joint meeting with the Planning and Zoning Commission to discuss this issue. Harrell further reported that these developers Had stated that they would prefer a voluntary dedication of park land. Staff was skeptical, but the strategy was to allow them this opportunity. If this was unsuccessful, the stage had been set for mandatory dedication. Mayor Stephens stated that a potential problem was that the developers might propose to voluntarily dedicate several small physically separated parcels rather than one large parcel which could be developed into a park site. Svehla then reported on the beautification goal subissue of Urban design stating that this issue dealt with sidewalks, landscaping, setbacks and tree planting. A conceptual discussion had been held with the Parks and Recreation Board and would go before the Planning and Zoning Commission because of the zoning issues which were involved with planned developments, etc. The recommendations from these discussions would then be presented to the developers with the idea of receiving their feedback. A joint meeting of the developers, the Planning and Zoning Commission and the Parks and Recreation Board would then be held in March. A draft ordinance would be prepared for review by the City Council after all input had been 347 City of Denton City Council Minutes Meeting of October 28, 1986 Page 2 received and reviewed. The draft ordinance would be referred back through the Parks and Recreation Board and the Planning and Zoning Commission prior to submitted to the City Council for final adoption. Svehla then reported on another subissue of the sign ordinance and setbacks stating that staff was not sure that all were following the sign ordinance regarding setbacks, etc. The City was trying to take a more proactive stance. A handout of information regarding sign ordinance regulations would be prepared to be distributed to those who came in to obtain Certificates of Occupancy or sign permits. Also, billboard standards were being reviewed by staff. Harrell further suggested that a citizen committee be established to look at the entrances to the City. This committees review would not be limited to signs and billboards but rather the entire idea of attractive appearance to City entrance points. Svehla then reported that another citizen group was being recommended for volunteer units for an extension to the City's program on litter pick-up. These private citizens could "adopt a street" and assume the responsibility for litter abatement. A program could also be instituted incorporating litter barrels, etc. to assist in the beautification effort. It was also felt that more stringent ordinances were required to ensure the achievement of this goal. The City should take a leadership position. ~ 3 Development Process Jeff Meyer, Director of Planning and Community Development, reported that some functions of the Development Review Committee needed to be better merged. The DRC recommendation to the City Manager would be based on self-analysis. Staff would attempt educational meetings with developers. Problems seems to arise because developers hired consultants; thus, sometimes these developers received mixed stories. The Development Review Committee had completed a self-analysis taking into account personal attitudes. Future self-image would be one of trying to get across that staff was willing to help developers with a positive attitude. The Council then convened into the Executive Session under personnel/board appointments at 6:00 p.m. in the City Manager's Conference Room in order to complete the annual review of the City Attorney. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddtesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation No official action was taken. The Council then reconvened into the Special Called Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexa~,de£~ Chew, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation The Mayor opened the public hearing. 1. The Council held a public hearing on the proposed Capital Improvements Program. 348 City of Denton City Council Minutes Meeting of October 28, 1986 Page 3 Hugh Ayers, .Chairman of the Capital Improvement Project Blue Ribbon Committee, spoke in favor stating that the committee felt this public hearing should be held. Copies of the committee recommendations had been available for review. Ayers then presented transparencies of the projects by year. BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1986-1987 TOTAL: $3,463,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST East Community Center $1,200,000 Athletic Field Development 50,000 $1,250,000 DRAINAGE PROJECT COST Taylor Park Drainage $300,000 Woodrow Bridge 250,000 Pecan Creek Drainage 110,000 Audra Lane Drainage 90,000 Burning Tree Drainage 64,000 Stuart/Selene Drainage 50,000 Study Drainage Regulations 25,000 $889,000 ANIMAL CONTROL CENTER EXPANSION PROJECT COST Animal Control Center Expansion $185,000 349 City of Denton City Council Minutes Meeting of October 28, 1986 Page 4 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1987-1988 TOTAL: $3,612,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Improve Woodrow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage Improvements 250,000 Teasley Lane 200,000 Traffic Study, Phase II 75,000 Traffic Signals 25,000 $1,525,000 ATHLETIC'FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 DRAINAGE PROJECT COST Willow Springs Drainage $337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1988-1989 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 350 City of Denton City Council Minutes Meeting of October 28, 1986 Page 5 FIRE STATION AND EQUIPMENT PROJECT COST Fire Station $500,000 Fire Equipment 200,000 $700,000 DRAINAGE PROJECT COST Update Master Drainage Plan $425,000 LIBRARY EXPANSION PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion STREETS/TRAFFIC/TRANSPORTATION PROJECT COST FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Plans for Law Enforcement/Court Complex $200,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1989-1990 TOTAL: $5,325,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Loop 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 $3,550,000 351 City of Denton City Council Minutes Meeting of October 28, 1986 Page 6 DRAINAGE PROJECT COST Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Law Enforcement/Court Complex $500,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1990-1991 TOTAL: $5,622,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Law Enforcement/Court Complex $1,900,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT · COST Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000' L23KAXY EXPANSION PROJECT COST Library Expansion $600,000 DRAINAGE PROJECT COST Fort Worth Drive/James Street Drainage $90,000 352 City of Denton City Council Minutes Meeting of October 28, 1986 Page 7 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) STREETS/TRAFFIC/TRANSPORTATION 1986-1987 PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 1987-1988 Improve Wood,ow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage'Improvements 250,000 Teasley Lane 200,000 Traffic Study, Phase II 75,000 Traffic Signals 25,000 $1,525,000 1988-1989 FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,000 1989-1990 Loop 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 $3,550,000 1990-1991 Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000 353 City of Denton City Council Minutes Meeting of October 28, 1986 Page 8 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS 1986-87 PROJECT COST East Community Center $1,200,000 Athletic Field Development 50,000 $1,250,000 1987-1988 Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 1988-1989 Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 1990-1991 Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) DRAINAGE 1986-1987 PROJECT COST Taylor Park Drainage $300,000 Woodrow Bridge 250,000 Pecan Creek Drainage 110,000 Audra Lane Drainage 90,000 Burning Tree Drainage 64,000 Stuart/Selene Drainage 50,000 Study Drainage Regulations 25,000 $889,000 354 City of Denton City Council Minutes Meeting of October 28, 1986 Page 9 1987-1988 PROJECT COST Willow Springs Drainage $337,000 Malone Street: Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 1988-1989 Update Master Drainage Plan $425,000 1989-1990 Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 1990-1991 Fort Worth Drive/James Street Drainage $90,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LAW ENFORCEMENT CENTER/COURT COMPLEX 1988-1989 PROJECT COST Plans for Law Enforcement/Court Complex $200,000 1989-1990 Law Enforcement/Court Complex $500,000 1990-1991 Law Enforcement/Court Complex $1,900,000 355 City of Denton City Council Minutes Meeting of October 28, 1986 Page 10 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LIBRARY EXPANSION 1988-1989 PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion 1990-1991 Library Expansion $600,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ANIMAL CONTROL CENTER EXPANSION 1986-1987 PROJECT COST Animal Control Center Expansion $185,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) FIRE STATION AND EQUIPMENT 1988-1989 PROJECT COST Fire Station $500,000 Fire Equipment 200,000 $700,000 356 City of Denton City Council Minutes Meeting of October 28, 1986 Page 11 Ayer concluded by stating that the Capital Improvement Project Committee felt this recommendation might be too minimal for the five year period. The plan was not luxurious, but would only meet needs. Citizens of the City of Denton took pride in the quality of life which they enjoyed. The CIP Committee was committed to the maintenance of this quality of life. Ayer then introduced Bob Gorton, Bill Claiborne and Joe Holland who were CIP Subcommittee Chairpersons present. David Ellison, Senior Planner, then presented transparencies of the proposed projects by year and by category. BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1986-1987 TOTAL: $3,463,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST East Community Center $1,200,000 Athletic Field Development 50,000 $1,250,000 DRAINAGE PROJECT COST Taylor Park Drainage $300,000 Woodrow Bridge 250,000 Pecan Creek Drainage 110,000 Audra Lane Drainage 90,000 L .... in~ Tree Drainage 64,000 Stuart/Selene Drainage 50,000 Study Drainage Regulations 25,000 $889,000 ANIMAL CONTROL CENTER EXPANSION PROJECT COST Animal Control Center Expansion $185,000 357 City of Denton City Council Minutes Meeting of October 28, 1986 Page 12 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1987-1988 TOTAL: $3,612,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Improve Woodrow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage Improvements 250,000 Teasley Lane 200,000 Traffic Study, Phase II 75,000 Traffic Signals 25,000 $1,525,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 DRAINAGE PROJECT COST Willow Springs Drainage $337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1988-1989 TOTAL: $3,615,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 358 City of Denton City Council Minutes Meeting of October 28, 1986 Page 13 FIRE STATION AND EQUIPMENT PROJECT COST Fire Station $500,000 Fire Equipment 200,000 $700,000 DRAINAGE PROJECT COST Update Master Drainage Plan $425,000 LIBRARY EXPANSION PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion STREETS/TRAFFIC/TRANSPORTATION PROJECT COST FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Plans for Law Enforcement/Court Complex $200,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1989-1990 TOTAL: $5,325,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Loop 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 $3,550,000 359 City of DentOn City Council Minutes Meeting of October 28, 1986 Page 14 DRAINAGE PROJECT COST Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Law Enforcement/Court Complex $500,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) 1990-1991 TOTAL: $5,622,000 LAW ENFORCEMENT CENTER/COURT COMPLEX PROJECT COST Law Enforcement/Court Complex $1,900,000 ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS PROJECT COST Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 STREETS/TRAFFIC/TRANSPORTATION PROJECT COST Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000 LIBRARY EXPANSIO~ PROJECT COST Library Expansion $600,000 DRAINAGE PROJECT COST Fort Worth Drive/James Street Drainage $90,000 360 City of Denton City Council Minutes Meeting of October 28, 1986 Page 15 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) STREETS/TRAFFIC/TRANSPORTATION 1986-1987 PROJECT COST Lillian Miller Parkway Widening $ 450,000 Turn Lanes 230,000 Upgrade of Carroll & University Signal Systems 170,000 New Signal Installations 145,000 Signal at Loop 288 and US 380 64,000 Evers Park Sidewalk 40,000 Traffic Study 25,000 Sidewalk on Hercules 15,000 $1,159,000 1987-1988 Improve Woodrow Lane $ 525,000 Rebuilding of Existing Bell Avenue 450,000 (with present alignment) Mingo Road Traffic & Drainage Improvements 250,000 Teasley Lane 200,000 Traffic Study, Phase II 75,000 Traffic Signals 25,000 $1,525,000 1988-1989 FM 2181 (Teasley Lane): Four-Lane divided $250,000 from IH-35E South to Ryan Road Davis Street Paving 50,000 Avenue E Improvements (Eagle Dr. to IH-35 Service Rd.) 40,000 $340,000 1989-1990 Loop 288/Local Participation: Four-Lane $2,200,000 divided from US 380 south to near IH-35E US 380/Local Participation: Six-Lane 600,000 divided from US 77 (Locust) to Loop 288 Expansion of Nottingham (from US 380 500,000 to Mingo Road US 380 Right-of-Way Acquisition 250,000 1990-1991 Fort Worth Drive (US 377): Four-Lane $1,065,000 divided from IH-35E to FM 1830 Reconstruction of Oriole Street 117,000 $1,182,000 City of Denton City Council Minutes Meeting of O6tober 28, 1986 Page 16 BLUE, RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ATHLETIC FIELDS/NEIGHBORHOOD AND SENIOR CITIZEN CENTERS 1986-87 PROJECT COST East Community Center $1,200,000 Athletic Field Development 50,000 $1,250,000 1987-1988 Senior Center Expansion $ 750,000 Athletic Field Development 550,000 $1,300,000 1988-1989 Neighborhood Center $1,300,000 Athletic Field Development 250,000 $1,550,000 1990-1991 Neighborhood Center $1,400,000 Athletic Field Development 450,000 $1,850,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) DRAINAGE 1986-1987 PROJECT COST Taylor Park Drainage $300,000 Woodrow Bridge 250,000 Pecan Creek Drainage 110,000 Audra Lane Drainage 90,000 Burning Tree Drainage 64,000 Stuart/Selene Drainage 50,000 Study Drainage Regulations 25,000 $889,000 362 City of Denton City Council Minutes Meeting of October 28, 1986 Page 17 1987-1988 PROJECT COST Willow Springs Drainage $337,000 Malone Street Drainage 250,000 Burning Tree Bridge 150,000 Teasley Lane Drainage 50,000 $787,000 1988-1989 Update Master Drainage Plan $425,000 1989-1990 Loma Del Rey Drainage $ 625,000 Stuart/Sunnydale Drainage 350,000 Drainage Improvements in Holly Hill area 300,000 $1,275,000 1990-1991 Fort Worth Drive/James Street Drainage $90,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LAW ENFORCEMENT CENTER/COURT COMPLEX 1988-1989 PROJECT COST Plans for Law Enforcement/Court Complex $200,000 1989-1990 Law Enforcement/Court Complex $500,000 1990-1991 Law Enforcement/Court Complex $1,900,000 363 City of Denton City Council Minutes Meeting of October 28, 1986 Page 18 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) LIBRARY EXPANSION 1988-1989 PROJECT COST Land Acquisition/Parking Development $400,000 for Library Expansion 1990-1991 Library Expansion $600,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) ANIMAL CONTROL CENTER EXPANSION 1986-1987 PROJECT COST Animal Control Center Expansion $185,000 BLUE RIBBON CITIZEN'S COMMITTEE RECOMMENDATION FOR CITY OF DENTON FIVE YEAR CAPITAL IMPROVEMENT PLAN (ACCEPTED BY PLANNING AND ZONING COMMISSION, OCTOBER 15, 1986) FIRE STATION AND EQUIPMENT 1988-1989 PROJECT COST Fire Station $500,000 Fire Equipment 200,000 $700,000 364 City of Denton City Council Minutes Meeting of October 28, 1986 Page 19 Bob Gorton, Subcommittee Chairperson, reported that the City was looking at $40,000 of matching funds from the County for the Animal Control expansion as well as $60,000 from the Humane Society for the adoption program. An aerial truck was looked at for the Fire Department. Joe Holland, Subcommittee Chairperson, reported that his group had taken a tour of the Police Department. This facility had been built for fifty officers and was now housing eighty-five. The subcommittee had taken a tour of City Hall as well as Personnel and Data Processing. If the proposed Law Enforcement/Court Building were approved, the City could relocate the Data Processing and Personnel Departments to the present Police Department facility. The existing Police/Municipal Court operation could be moved to the Woodrow Lane area which, due to the County jail, was sensitive to this type of land use. In regard to Library expansion, branch libraries were considered, but it had been decided by this subcommittee to expand the current Library location toward the Woman's Building and to purchase property across the street for a parking lot. Bill Claiborne, Subcommittee Chairperson, reported that the Planning and Zoning Commission had reviewed this subcommittee's recommendations and voted unanimously for approval. Council Member Alexander asked what criteria was used for the ranking of the projects. Claiborne responded the criteria was based on who would be affected the most. Mr. Sigmund Goodman, representing the developers of property on Audra Lane, spoke in support of the CIP proposal for expansion of Nottingham to Mingo Road. This would be mutually beneficial to the developers as well as the City of Denton as it would provide access to the parcel so it could be developed. The property was currently zoned for single family housing. Mayor Stephens asked if roadway had been dedicated during the zoning of this property. Goodman responded yes. Ms. Georgia Carraway, representing the Friends of the Library, stated that the organization was pleased with the Capital Improvement Project Committee's recommendation for Library expansion. However, this expansion was scheduled for 1991. The Friends of the Library asked the Council to keep open the option of a branch library until closer to construction time for the main library expansion. Mr. Mitchell Turner, 2118 Stonegate, stated that he was both for and against the Capital Improvement Project Committee recommendation. While he had no problem with the total dollar figure, he was opposed to the proposed prioritization of the projects. He felt more could be spent on street improvements and less on expanded facilities. His major bone of contention was with the Law Enforcement/Court Complex. He did not realize that when public money was spent on the present ~ol~c~ ...... DC~.L~t~' ~' ~ ~ ~: ..... _ ~ ~ '?s ~..~]" ~emporary.~ He felt that for the facility's square footage and the number of personnel housed, the building should be adequate. The public had not been told how much could be saved by relocating the Personnel and Data Processing Departments. He further stated that the Library expansion funds could be better used on street and drainage projects. Joe Holland responded by suggesting that Mr. Turner look at the facilities. Some of the ceilings in the Police building were only 4 feet high and unusable by personnel as they could not stand up in these areas. Radio equipment was out of date, but new equipment could not be installed in the same space. Regarding the Library, 365 City of Denton City Council Minutes Meeting of October 28, 1986 Page 20 the Committee felt it was a better idea to keep the facility in one central location. Rationale for the decision for one location was that director would not have to divide her time between facilities. Also, there could not be a duplication of materials at each facility. It would be better to have all materials at one location. Mr. Ayers stated that he appreciated Mr. Turner's comments and would like to respond. Approximately $80,000 to $90,000 was paid annually for rent for the Personnel and Data Processing facilities. The Library Committee did not present evidence which supported branch libraries at this time. The consensus of the Council was to leave the option of branch libraries in the Capital Improvement Project program for flexibility until the time of the Library expansion construction. Claiborne stated that the Planning and Zoning Commission had been concerned about reaching children in neighborhood centers. Another option for Library outreach would be bookmobiles. Holland stated that if the current Library site was not expanded, the land acquisition across the street would not be necessary for parking lot use. Ayer stated that parking lot spaces were needed with or without expansion. Harrell reported that the 22,000 square feet in the present Police Department facility was not all usable space. Staff recommended to move those City functions which experienced the least amount of public contact, such as Data Processing, Building Inspection, etc. The current Police building was not originally designed as a police function. City Hall was also currently over-crowded. Mayor Pro Tem Alford left the meeting. With no one else wishing to speak, the Mayor closed the public hearing. The consensus of the Council was to consider an ordinance on November 4 calling a bond election. The Council reconvened into the Executive Session under personnel/board appointments in the City Manager's Conference Room in order to complete the annual review of the City Manager. 2. No official action was taken on Executive Session items of legal matters, real estate, personnel/board appointments. With no further items of business, the meeting was adjourned. CITY OF DENTON, TEXAS 0426o 366 City Council Minutes November 3, 1986 The City Council convened into the joint meeting with the Denton Independent School District Board of Trustees at 12:00 noon at the Ramada Inn. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Council Member Hopkins was out of town on vacation DISD MEMBERS Bettye Myers, Willie Hudspeth, Vicki Holt, PRESENT: Mike Gregory, Clifford Black, Bill Thomas and Bob Crouch DISD Chairperson Bob Crouch called the DISD meeting to order at 12:20 p.m. Mayor Stephens called the City Council meeting to order and stated that it was the hope of the Council that this would be the first of several more meetings to occur. Crouch then introduced all those present and stated that the Board of Trustees was glad to work with the City Council to best utilize the tax dollars of Denton citizens. He further stated that he was glad both staffs had worked together in the past and hoped this would continue in the future for the betterment of the taxpayers. ~The idea of this meeting was to come to an agreement for joint elections to be held in April of 1987. Trustee Gregory asked about the time frame. Debra Drayow[tch, City Attorney, reported that all procedures should be put in motion as soon as possible. Preclearance should be submitted prior to calling the election and the election should be called forty-five days prior to the election day. December 15 would be the target date for submission to preclear. Mike Griffin, Attorney for the School District, stated that he had nothing to add. He felt that, if the submission was in to the Justice Department by the first of January, an answer would be received prior to election date. Gilbert Bernstein stated that preclearance should be received by the Justice Department prior to the start of absentee voting. The consensus of the Council and the DISD Board of Trustees was to proceed with joint elections. A joint committee consisting of Jim Alexander, Mark Chew, Vicki holt, Willie Hudspeth, Lloyd Harrell, Bob McGee, Charlotte Allen, Gilbert Bernstein, Debra Drayovitch and Mike Griffin would be formed to make recommendations to both entities on procedures to be used in holding a joint election. Council Member Alexander left the meeting. The consensus of the Council was that a plan be submitted on December 1 for the holding of joint elections. Riddlesperger motion, McAdams second to approve the proposed resolution on joint elections as amended by the DISD. On roll call vote, McAdams "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Riddlesperger motion, McAdams second to request the City staff to work with the DISD staff to work out the details of holding a 3oint election. Motion carried unanimously. 367 City of Denton City Council Minutes Meeting of November 3, 1986 Page 2 McAdams motion, Chew second to adjourn. With no further items of business, the meeting was adjourned. CITY C~ DENTON, TEXAS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 0427o 368 Council Minutes November 4, 1986 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 1. The Council received an update on Flow Memorial Hosplta transfer. This item was taken un~er the ~xecutive Session. 2. Litigation This item was taken under the Executive Session. 3. The Council convened into the Executive Session to d~scuss legal ma~ters, real estate, personnel/board appointments. No offzcial actzon was taken. The Council convened into the Work Session at o:0U p.m. ~n the Civil Defense Room of the Municipal Building. PRESENI: Mayor Stephens; Mayor Pro Tem Alrord; Council ~emoers Alexander, Chew, hopKi~s~ McAdaI~s and ~{iddlesperger C~ty Manager, City Attorney and C~ty Secretary ABSENT: None 1. 5he Council received a presentation trom representatives o£ the North Texas Commission. Mr. Worth Blake, President of the North Texas Commission, lntroauc~.. Ms. Theresa Threlkeld, Dr. A1 Hurley and Dr. hy Lyon. Me stated that the strength of the Commission was in its member cities and Denton was a strong city. in 1984, the Commzssion had begun focusing on a high tech center. Dr. A1 Hurley, Chancellor o~ North Texas State University, stated that the North Texas Commission summed up the recognition bt the fact that the various entitles znvolved must cooperate to pull the region together. The Commission had worked with tt,e Dallas-Fort Worth Airport and was now working toward a high tech center. '£~e Commission would serve as the catalyst to bring together the universzties, industrial members and governmental grants zn this area. Mr. Blake then distributed packets of information from the Commission on various projects which were currently underway. Dr. Hy Lyon, member of the North Texas Commission high tech task force, stated that this particular thrust was motivated by a number of analysis which had been performed. A 1984 survey of university research and development funding in the metroplex showed a total bt $13,000,000. According to per capita figures, the total should have been $500,00U,000. A coalition had been formed to go after t~ese research dollars which would assist in sustaining growth ror t~: region. 2. The Council considered giving staff direction regarding engineering work on the Oak-Hickory street improvement project. Due to time constraints, this item was passeo zn the agenGa order to be considered later in the meeting. 369 City of Denton city Council Minutes Meeting~of November 4, 1986 Page Two The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Rid~lesperger City Manager, City Attorney and City Secretary ABSENT: None 1. The Council considered approval o~ the Minutes of the Regular Meeting of July 15, 1986; the Special Called Joint Meeting with the Public Utilities Board of July 22, 1986; and the special Called Joint Meeting with the Airport Advisory Board of July 29, 1986. Riddlesperger motion, McAdams second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered a~option o~ an ordinance and service plan annexing approximately 23.6420 acres of land being part o~ the Gideon ~alker Survey, Abstract No. 1330, and beginning adjacent and north of Edwards Road approximately .5 mile east of Mayhill Road and approximately .5 mile west of Swisher Road. A-41 City Manager Lloyd Harretl reported that this item ~ad been ~etore the Council several times. ~h~ item on the agenda was for f~nal annexation action. %'he ~ollo%~ing ordinance was presented: NO. 56-21~ AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOU~ ANb ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSiSTiNG OF APPROXII~ATELY 23.6420 ACRES OF LAND LYING AND BEING SITUATED iN THE COUNTY OF DENTON, STATE OF 'I'E~AS AND BEING PARR' OF ThE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRIC%' PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Al~or~ "aye", Riddlesperger "aye", Chew "aye" and Mayor btephens "aye" Motion carried unanimously. 3. Public Hearings A. The council held a public hearing on the petition of the Tommy Corporation requesting single family (SF-7) zoning with minimum 7,000 square foot lots on 23.64 acres. The property is located niorth of Edwards Road approximately 2,800 feet from Mayhill Road an~ Imore fully described in the Gideon Walker Survey No. 1330. If approved, the property may be utilized for any use permitte~ within the single family-7 district. Z-1817 The Mayor opened the public hearing. Mr. Roger Barrett, Metroplex Engineering representing %'ommy Corporation, spoke in favor stating that the petition was supporting a City goal to permanently zone annexed areas. Tommy corporation owned the property to the west of this tract and agreed with the Planning and Zoning Commission comments and concerns. No one spoke in opposition. The Mayor closed the public hearing. 370 City of Denton City Council Minutes Meeting of November 4, 1986 Page Three Cecile Carson, Urban Planner, reported that this was a request lor straight single family (SF-7) zoning adjacent to a planned development which had been approvea in 1986. The planned development was residential in nature and this request, if approved, would extend such land use to the east. The tract was in a iow intensity area and the zoning request did not violate any Denton Development Guide policies. Three reply ~orms had been mailed with zero retulned. 1. The Council considered adoption of an ordinance approving single family (SF-7) zoning with minimum 7,000 square foot lots on 23.64 acres locatea north of Edwards Road approximately 2,800 feet. from Mayhill Road. The following ordinance was presented: NO. 86-219 AN ORDINANCE AMENbING 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 ORDiSANCE NO. 69-1, AND AS SAID HAP APPLIES TO APPROXIMATELY 23.642 ACRES OF LAND LOCATED NORTH OF EbWARDS ROAD APPROXIMATELY 2,~0U FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CEANGE IN ZONLi~G CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSI~ICATI©N AND USE %'0 SINGLE FAMILY "b~-7" CLASSIP'ICATION AND USE FOR SAID PROPLRTY; PROVIDING FOR A MAXXMUH PENALTY OF $1,00U FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABiLITY CLAOSE; A~D DbCLARING AN EFFECTIVE DATL. McAdams motion, Alexander second to adopt the ordinance. On roll call vote McAdams "aye", Alexanaer "aye", HopKins "aye", Al~or~ "aye", Riddlesperger "aye", Chew "aye" and ~Iayor Stephens "aye". Motion carried unanimously. B. The Council held a public hearing on the petition ot the Denton Historic Landmark Commission requesting a historic landn~ark district designation in the West Oak/West Hickory street area. The boundaries of the proposed aistrict are as follows: The north siae of Oak Street from 610 West Oak west to the intersection of Oak and Fulton streets, with the exception of the property located at 918 West Oak Street. The south side of Oak Street from 609 West Oak west to the intersection of West Oak and Welch streets, with the exception of the property located at 903 West Oak Street. The north side of Hickory Street from the intersection of Hickory and Welch streets to the intersection of Hickory and Williams streets. The east side of Denton Street from the intersection of Denton ano Oak streets to the ~ntersection of Denton and Pearl streets. The south side of Pearl Street trom 607 Pearl west to the intersection of Pearl and Denton streets. The property is more particularly described as City of Denton block numbers 328, 329, 330, 336, 476, 488 and part of block 475. The Mayor opened the public hearing. 371 City of Denton City Council Minutes Meeting of November 4, 1986 Page Four Mr. Mike Cochran, Chairperson of the Historic Landmark Commission, spoke in favour -stating that he was proud to present this petition. The idea had come about in 1968 with the comprehensive zoning ordinance. Due to a quirk in the law, notification to property owners was not done and some parcels in the area were rezoned multi-family. Slowly, a movement had begun to preserve the o±~er homes. The ordinance included a provision for historical districts if it was felt to be beneficial. The proposed ordinance would provide the mechanism to preserve the district. The ordinance had been approved by the Secretary of the Interior and would qualify as a national registry district. Advantages would be accrued to property owners as well as the City. The City of Denton was only 129 years old but its history was in the architecture. The advantages of this ordinance far outweighed the detriments to the City or the property owners. Re personally felt that he was offering something to the City. Denton was more than lust a place to make a living--it was also a place to live. Council Member Riddlesperger asked why two lots had been excluded from the district. Cochran responded that the Historic Landmark Commission had excluded these parcels because they had been "locking horns" with the property owners for several years. A vehicle for exclusion was written in the ordinance ana there would be no aetrimental e~fect ~o the historic district. The two parcels in question %~ere located in tile center of the proposed ~strict and, due to that, were in less jeopardy than those situated on the periphery. council ~ember Ri~dlesperger asked if this meant if anyone ob3ecte~, woul~ they be excluded. Cochran replied no; the criteria was whether or not the exclusion would have a detrimental effect on the district. Council Member Alexander asked what woul~ happen if a person whose parcel was excluded wantea to be included at a future date. Cochran responded that the person would be eligiDle an~ could apply to be included. This could be accomplished through an amendment to the 6istrict ordinance. Mayor Stephens asked if tax incentives were being offered. Cochran replied that the Historic Landmark Commission had proposed the ordinance to freeze the present evaluation on the property ~or ten years on residential as well as income producing investment properties. In the past, there had been tax credits for historic landmark designated properties. Mayor Stephens stated that this should be attractive to the residents. Cochran replied that the tax incentives were only on income producing properties. However, he believed another plus would be the stability that historic district designation would bring to 'the neighborhood. The area had been written off as destined for apartments. Mr. Randall Boyd, 1023 West Oak, spoke in favor stating that he lived in the proposed district, owned income producing property in the district and also historic property not in the district. He was pleading for his neighborhood which ~e felt was an asset to the entire community. These structures could not be rebuilt in another section of town or anywhere else for that matter. Some opponents had stated that the protection of the historic district zoning was not necessary as the homes were too valuable to ever be torn down. 372 City of Denton City Council Minutes Meeting of." November 4, 1986 Page Five That was not true. If the lot was zoned multi-family, it would be cost effectiv~ .for the owner to tear down the house and build a three story apartment complex. This could eventually aestroy the whole neighborhood--one house at a time. Tax credits at 20% had been retained and would be more valuable than the 25% rate this year. Mr. Murray Ricks, 705 West Oak, spoke in favor stating that Denton was an old town and this neighborhood was the only original neighborhood still existing. The houses reflected the prosperity and growth of Denton. He did not want Denton to become another Plano. Historic preservation was needed. Mrs. Paul Carpenter, 723 West Oak, spoke in favor stating that her residence~ the Lomax home, was already spot zoned as a historic landmark but this was not enough. This protected their neighbors and her home but not the property. Some owners had expressed opposition to the restrictions related to the designation, when she and her husband wanted to paint their home two years ago, they selected the color and went before the Historic Landmark Commission for approval, which they received. All residents operate~ under certain rules, such as the subdivision rules and regulations. She concluded by stating that she felt the hickory Street area was very important and it was at risk. Mr. Richard hayes, 819 ~est Oak, spoke in favor stating that he i~aa lived in San Antonio when their historical ~istrict was in the planning stages. %he King %~illian~s area was ramshackled and ~at infested. ~he d~strict was approved and the area renovatea, it now was an asset to San Antonio. f~r. Rich Edyvean, 1000 West H~ckory, spoke irt favor stating that he was pleading for Hickory Street. He felt the bungalows were also a style of home which should be saved. The character of the City was most vividly shown by. this homes. Mr. W. A. Barker, 812 West Oak, spoke ~n favor stating that he felt the historic district would benefit the City and the property owners. Ms. Elizabeth Lomax spoke in favor stating that, from the point of view of the older citizen, she was glad to have someone living in her old family home. She wanted to keep these old homes if possible. Mr. J. D. Vann, 811 West Oak, spoke in favor stating that he had been befo[e the City Council and the Planning and Zoning Commission several times to discuss many intrusions into the neighborhood. He realized that a historic district was not a "cure all" but it would help. When he had purchased his home in 1967 he had been assured by the realtor that this was a very stable neighborhood. After closing on the house, the realtor built apartments on the adjacent back lot. He had only found one person who had not felt this area should be preserved but it would be progressive for the area to develop like bniversity Drive. As for himsel[, he felt the historic district was progressive. Mr. Bill Doggett, 918 West Oak, spoke in opposition stating that his property was one of the two parcels which had been excluded. His property was zoned single family and his parents had purchased the property zn 1921. he intended to resiae in the home for the rest o~ his life. He was very much opposed to the restrictions the proposed ordinance would impose on him. He further did not believe that this was a true historic district. The house to the east of him was built in the 1940's and another one in the neighborhood was built in the 1960's. Some homes in the district were neither historic or beautiful. He wanted to be able to do whatever he wanted to his house whenever he wanted. Mr. Doug Rainer, officer of the Denton Board of Realtors, spoke in opposition stating that in July of 1984 the Board of Realtors haa .... 373 City of Denton City Council Minutes Meeting of November 4, 1986 Page Six aadressed a historic district. They felt it should be left up to the individual -owners to petition for historical designation rather than a district. Mr. Chris Hill, representative of a fraternity located on Oak, spoke in opposition stating that they had been opposed to the district since 1984. They did not want anyone dictating to them regarding their frat house. The structure was in need of wo~'k and they wanted to have the flexibility to expand as they wished. Mr. L. S. Forrester, owner of property on Hickory Street, spoke in opposition stating that his ~family had owned property in Denton since 1854. He would like to have his property reconsidered. He owned a 50 feet lot which would not be worth anything if this district was approved. In his opinion, no homes on Hickory Street were historical. He wanted his lot, if nothing else, excludea. Mr. Robert L. Pearce, 903 West Oak, spoke in opposition stating that he had spoken with the National Registry and they had said that this district would not qualify. The Graham house across from the church had been torn down and a new house built. In most cases, however, . the house was worth more than the lot. %'his fact woul~ serve to protect the homes. Council Member Chew asked when Hr. Pearce had spoken with the National Registry. Pearce responded approximately three years ago. Council Member Riadlesperger stated that he could not imagine why Mr. Pearce was opposed. Pearce responded that the historical district woula neither protect or help him. All but one person who haa spoke in favor of the petition already had the historic designation. Mr. Lee LeClair, 924 West Oak, spoke in opposition stating that Mr. Pearce had contacted the Department of the Interior and was told that no structure built within the last 50 years was historical. Also, the district must be a "cohesive entity" which the proposed district was not. Regarding the tax incentive issue, this was only available for income producing properties--not residences. There were 13 properties in the area which were presently zoned as historical landmarks. Only one property owner who was not currently zoned as a historical landmark was in favor of the district. All in all, he felt the question here was one of property rights. He felt the designation should be done on an individual petition basis. Nr. Bill Crouch spoke in opposition stating he was opposed due to individual property owners rights. Further, he did not believe that the properties on Hickory Street were historical. Mr. Phil Watkins, owner of property at 608 West Hickory, stating that the structure was a simple frame house which was being used as income producing property. He felt that the people who owned property on Hickory Street were being used as a buffer to shield the properties on Oak. The Mayor closed the public hearing. Mayor Stephens allowed Mr. Cochran five minutes for rebuttal. Mr. Mike Cochran, Chairperson of the Historic Landmark Commission, stated that Hickory Street had been "taking a beating" in the public hearing as not being either pretty or historical. The Department of the Interior had said that 51% of the properties in the district 374 City of Denton City Council Hinutes Meeting of November 4, 1986 Page Seven must be historical. The houses on Hickory Street were an important part of the. fabric of the City. Of those who responded in opposition, an overwhelming number of them were absentee landlords. Council Member Chew asked again why the two parcels had been excluded. Cochran replied that they were deemed eligible but were left out because the property owners had been a "hassle to deal with." Also, they felt their properties were secure and protected by their neighbors. Denise Spivey, Urban Planner, reported that many persons were in favor and many in opposition. Staff felt the West Oak and West Hickory area was one of the most significant in the City. The Historic Landmark Commission had considered each structure to measure against the criteria for historic designation. The Historic Landmark Commission and the Planning and Zoning Commission had approved the proposed ordinance with conditions. As more than 20% of the reply forms were in opposition, six affirmative votes from the Council would be required for staff to proceed. Council HemDer HcAdams askeG what the procedures were for an owner to make changes to a historically designated property. Spivey responQed that if the change was to the exterior of the home, a request for the change must be submitteG to the ~istoric Landmark Commission for a certificate of appropriateness. The Historic Landmark Commission wodl~ review the request and then make a Getermination. City ~anager Lloyd Harrell reported that alternatives hag Deen provided to the City Council in the agenda back-up material. The Council could, at their discretion, reduce the boundaries but could not increase the boundaries without first re-advertising and holding another public hearing. He had come from a city which had a historic district and this coul~ be valuable, depending on how the ordinance was written. He had no doubt that the district could be an asset to the community. Council Member McAdams stated that, without some protection, the neighborhood could be destroyed one house at a time. Council Member Alexander stated that this was a classic example of the conflict between the property owners and the City as a whole. The Council must look at the overall needs of the community. He believed the Council had to vote for the good of the entire City. Council ~ember Hopkins state~ that her primary problem was allowing exclusions to only the two parcels and not to others who had asked to be excluded. It seeme~ to her that it should be all or nothi[~g. Council Member Chew stated that he was in favor of the district and felt the two parcels should be included. Council Member Riddlesperger stated that this neighborhood was too important to the City of Denton and should be preserved. It was pa~t of the City's history and heritage. Mayor Pro Tem Alford stated that, aesthetically, the Council should think of how they wanted the community to be. This neighborhood was important to the City. Mayor Stephens stated that he had pride in Denton, a community which was 129 years old. He would like to have a safeguard in the ordinance to prevent arbitrary decisions in the future. City o£,Denton City Counc£1 ~inutes 3 ? 5 Meeting of November 4, 1986 Page Eight Alexander motion, McAdams second to direct staff to prepare the ordinande and-bring it back before the Council for final approval. Motion carried unanimously. 4. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid # 9661 - Utility poles 2. Bid ~ 9665 - Cut out/squirrel guara B. Plats and Vacation: 1. Approval of preliminary plat of Hickman Addition, Lot 1, ~lock A. (The Planning and Zoning Commission recommends approval.) 2. Vacation of the Meadow OaKs Addition, Thir~ Section. (%'he Planning aha Zoning Commission recommends approval.) C. Contracts: 1. Consider approval of annual software maintenance contract for ~27,000 with TRE$ Corporation for utility billing system known as CIS and associated subsystems. (The Data Processing Advisory Board recommends approval.) D. Change Orders and Final Payments: 1. Consider approval of Change Order ~1 in the amount of $11,958.13 and final payment in the amount of $12,753.12 to Dickerson Construction for Bid ~ 9628 (McKinney Street sewer line). 2. Consider ~inal payment to Jagoe-Public in the amount of ~579,870.46 for overlay 85-2 project, Bid ~ 9539, Purchase Order ~ 71012. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-220 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A - CONTRACT FOR THE PURCHASE OF ~ATER~ALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." ~otion carried unanimously. 376 City of Denton City Council Minutes Meeting of November 4, 1986 Page Nine B. The Council considered adoption of an ordinance approving planned development zoning and a concept plan on 690.8 acres presently zoned agricultural (A). The property is described as beginning approximately 600 feet south of U.S. Highway 380 and extending to approximately 1,800 feet south of FM 426 (East McKinney Street). The property is further described as being a tract in the M. Forrest Survey, Abstract 417, and the W. Durham Survey, Abstract 330. Z-1779 City Manager Lloyd Harrell reported that this concept plan included the construction of a major roadway through the Lakeview planned development to connect IH-35E and University Drive. The City staff and the representatives from the Lakeview development had developed a good working relationship. Jeff Meyer, Director of Planning and Community Development, reported that the original development had been approved with the proviso of the roadway. Staff had Deen assured through extensive work that guarantees for the full width of the originally proposed roadway were back in the concept plan. This was not the final action on this particular development. A transportation plan, master plan, etc. still would have to be submitted; this was only the first step. Safeguards were written into the proposed ordinance. However, the most important issues, such as intensity/density, etc. would still need to be adaressed in the future. Council ~ember ~lcA~ams stated that she appreciated the work which the City staff had done on this project. However, she still was of the qpir~ion that the proposed Gevelopment was too dense and did not commit to enough parkgrounds. Council Member Alexanaer stated that he was not a member of the City Council when the original plans had been discussed. He had studied the back-up materials submitted and he did have concerns that the overall density was higher than it actually had to be and that there was not enough park space. However, the Geveloper had agreed to construct the six-lane divided roadway. He would vote in favor because of the moral commitment to the developer and further ~elt this had the potential to be a wonderful addition to the City. Phase ii and III of the development should also be studied. Council Member Hopkins voiced appreciation to the staff and the developers ~or their efforts in working together. Council Member Chew also thanked the staff for the information provided. He ~urther stated that part of the agreement which had been reached did include a transportation plan. Council Member Riddlesperger stated that this was a "give and take" situation. To be considered in the proposed development was the six-lan~ divided roadway, school sites, sites for ~uture fire stations, etc. While it had been a difficult decision, he believe~ that, on the whole, the development would be good for Denton. Mayor Pro Tem Alford stated that a precedent had been set for other developers in the future who might propose sizeable projects that the staff was looking for those items which would benefit the City. Mayor Stephens stated that he had seen nothing to make him change his mind. He still had a problem with the density/intensity issue. An agreement had been reached to have the road plan completed prior to passage of the ordinance. He felt an overriding moral commitment to the community regarding this proposed development. The following ordinance was presented: 377 City of Denton City Council Minutes Meeting of November 4, 1986 Page Ten NO. 86-221 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, AS AMENDED, AND AS SAID MAP APPLIES TO 690.8 ACRE~ OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS ~HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "nay." Motion carried 5 to 2 with Council Member McAdams and Mayor Stephens casting the "nay" votes. C. The Council considered adoption of an ordinance ordering an election regarding Capital Improvements Program bonds to be held on December 13, 1986. City Manager Lloyd Harrell reportea that mr. Bob Speer was recommended for appointment as the Presiding Judge and ~ls. Perri~o 5~idgett as Alternate Presiding Judge. The net aebt after the issuance of the bonds would be $45,363,730. The following ordinance was presented: NO. 86-222 ORDINANCE CALLING A BOND ELECT£ON Riddlesperger motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," an~ Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance prohibiting U-turns on Audra Lane at its intersection with McKinney Street. Rick Svehla, Assistant City Manager, reported that this intersection was now signalized but drivers were still making U-turns. The following ordinance was presented: NO. 86-223 AN ORDINANCE OF THE CITY OF DEN'£ON, TEXAS, PROHIBITING U TURNS ON AUDRA LANE AT ITS INTERSECTION ~I~'H MCKINNEY STREET; PROVIDING FOR A PENALTY IN T~E MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. - Alexander~ motion, Alford second to adopt the ordinance. On roll call vote, ~cAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing entry into an interlocal cooperation agreement between the City of Denton and Denton County for health services, repealing Ordinance No. 86-189 to provide for a revisea rate for such services. Paulette Owen-Holmes, Project Administrator, reported that, as anticipated, several cities had opted not to use the services of the County Health Department. This had caused a change in the cost to the City of Denton with the new amount being $66,742. 378 City of Denton City Council Minutes Meeting of November 4, 1986 Page Eleven Debra Drayovitch, City Attorney, reported that the contract could be amended to provide for future reassessments. Item iV of the contract could be amended to state "...; provided however, that in the event additional cities within the County should contract with the County for public health services for the 1986-87 fiscal year and pay fees pursuant to such contracts, County agrees to reevaluate and reduce the consideration provided for herein proportionally." The following ordinance was presented: NO. 86-224 AN ORDINANCE AUTHORIZING ENTRY INTO AN £NTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR HEALTH SERVICES, REPEALING ORDINANCE NO. 56-189, TO PROVIDE FOR A REVISED RATE FOR SUCh SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alexander second to adopt the ordinance and to amend the contract to provide for reassessment. On roll call vote, McAdams "'aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Riddlesperger le~t the meeting. 6. Resolutions A. The Council considered approval of a resolution changing the intensity policy near Lake Lewisville. Cecile Carson, Urban Planner, reported that this was the formal resolution and recommendation from the Planning and Zoning Commissior~ regarding these three intensity areas in the Lakeview area. The following resolution was presented: RESOLUTION WHEREAS, the Denton Development Guide, 1985, as amende~, was adopted as the official land use and development guide for the city to be used in conjunction with planning, development and land use decisions; and WHEREAS, the Guide divides the City into high, moderate and low intensity planning areas to insure the goal of balanced growth; and WH'EREAS, additional lands have been annexed for which zoning has been requested in areas for which the Guide has not provided an intensity planning index; and WHEREAS, the City Council, upon the recommendation of the Planning and Zoning Commission, wishes to amend the Guide to provide for an intensity index for the newly annexed area; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Development Guide, 1~85, as amended, be further amended to provide for the establishment of three moderate intensity areas located as follows: 1. At the intersection of U.S. Highway 350 and the north-south major arterial street proposed for the Lakeview planned development rezoning request, currently designated as Z-1779, Z-1800 and Z-1801. 379 City of Denton City Council Minutes Meeting of November 4, 1986 Page Twelve 2. At the intersection of East McKinney Street and the north-south major arterial street proposed for the Lakeview plannea development rezoning request, currently designated as Z-1779; Z-1800 ana Z-1801. 3. At the intersection of the Shady Shores interchange of Interstate Highway 35W and the north-south major arterial street proposed for the Lakeview planned development rezoning request, currently designated as Z-1779, Z-1800 and Z-1801. SECTION That a copy of this Resolution be attached to the Denton Development Guide, 1985, as amended, showing the amendments herein made. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th day of November, 1986. RAY STEPHENS, MAYOR CiTY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECR~.TARY CI%Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins ~ "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution expanding the municipal airport high intensity area. Cecile Carson, Urban Planner, reported that this would expand the area to Hickory Creek on the west. Staff felt this would be an asset in economic development as well as setting high intensity boundaries. The following resolution was presented: RESOLUTION WHEREAS, the Denton Development Guide, 1985, as amended, was adopted as the official land use and development guide for the City to be used in conjunction with planning, development ana land use ~ecisions; and WHEREAS, the Guide divides the City into high, moderate and low intensity planning areas to insure the goal of balanced growth; and WHEREAS, the City Council, upon the recommendation of the Planning and Zoning Commission, wishes to expand the original boundaries of the Guide in reference to the land in and adjacent to the Denton Municipal Airport to provide for an expanded high intensity planning area; NOW, THEREFORE, 380 City of Denton City Council Minutes Meeting of November 4, 1986 Page Thir~-~een BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Development Guiae, 1985, as amended, De further amended by expanding the western boundary of the high intensity planning area in and adjacent to the Denton Municipal Airport, currently shown as extending to the middle of the main runway, to the west to the Dry Fork Branch of ~ickory Creek. SECTION II. That a copy of this Resolution be attached to the Denton Development Guide, 1985, as amended, showing the amendment herein made. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th day of November, 1986. RAY STEPHENS, MAYOR CiTY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CiTY ATTORNEY CITY OF DENTON, TEXAS BY: Alexander motion, McAdams second that the resolution be approvea. On roll (:all vote, McAdams "aye," Alexander "aye," Hopkins "aye, # Alford "aye," Chew "aye," ano Mayor Stephens "aye." Motion carried unanimous ly. C. The Council considered approval of a resolution converting the frontage roads along Interstate Highway 35E from State School Road to the city limits to one-way operation to De effective 30 days prior to the beginning of construction. Rick Svehla, Assistant City Manager, reported that this change was being requested based on a recent communication from the State Highway Department. The service roads would remain two-way until all construction was completed on an overpass. This shoul~ be accomplished in approximately two years. The following resolution was presented: R E S O L U T I O N WHEREAS, on Interstate H~ghway 35E, from north of ~ickory Creek to U. S. Highway 77 south of Denton, in Denton County, Texas, a project is presently included in the 5 Year Development Schedule of the 10 Year Project Development Plan for widening the existing facility; and WHEREAS, increasing industrial development in the immediate area of Farm to Market Road 2181 mandates that special attention be given to Interstate Highway 35E in the Denton, Corinth, Hickory Creek and Lake Dallas area; and City of Denton City Council Minutes 3 8 1 Meeting of November 4, 1986 Page Fourteen WHEREAS, it has been determined that imminent improvements to Interstate -Highway 35E would require the conversion of the frontage roads within the Cities of Denton, Corinth, Lake Dallas and Hickory Creek from two-way to one-way operation; and WHEREAS, new points of access along an Interstate highway require Federal highway Administration Washington, D.C., O~fice approval; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton agrees to cooperate in the conversion of the frontage roads along Interstate Highway 35E, from State School Road to the City limits, to one-way operation. SECTION II. That the City of Denton further requests the State Department of Highways and PuDlic Transportation to proceed with project development through right-of-way acquisition and construction on Interstate Highway 35E inside the corporate limits of the City of Denton including any necessary interchanges and ramp improvements. SECTION III. That the City of Denaon agrees to adopt an orminance con- verting the highway frontage roads to one-way etfective upon receipt of written notice from the State Departinent of Highways ana Public Transportation at least thirty (30) Gays prior to the beginning of construction on the highway improvements. SECTION IV. By means of this Resolution, the City of Denton hereby accepts Minute Order No. 84908 of the State Department of Highways and Public Transportation for District No. 18, Denton County, dated August 28, 1986. SECTION V. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th day of NovemDer, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 382 City of Denton City Council Minutes Meeting of November 4, 1986 Page Fifteen D. The Council considered approval of a resolution and power line .license for crossing at Mayhill Road and the Missouri-Kansas-Texas Railroad Company. City Manager Lloyd Harrell reported that this was a routine item. The following resolution was presented: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated September 1, 1986, between the City of Denton and the Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one aerial electrical distribution line containing a maximum of 13.2 KV at Mile Post K-725.25, Denton County, Texas. PASSED AND APPROVED this the 4th day of November, 1986. RAY STEPHENS, MAYOR CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTONt TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alford motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carrie~ unanimously. E. The Council was to have considered approval of a resolution adopting two (2) personnel policies: 108.04 Use of City Vehicles 112.01 Separation/out-processing procedures This item was removed from the agenda by staff. F. The Council considered approval of a resolution stating the intention to appoint a CIP '91 committee. The following resolution was presented: R E S O L U T I O N ]. WHEREAS, the City Council has called and ordereG a bond election for December 13, 1986 for the purpose of submitting to the voters of the City of Denton certain capital improvements; and WHEREAS, the Blue Ribbon Committee fulfilled its charge o~ making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters; and City of Denton City Council ~linutes 3 8 3 Meeting of November 4, 1986 Page Sixteen WHEREAS, the City Council is desirous of accepting such recommendation;. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, ~EXAS: SECTION That the City Council hereby commits to its intention to appoint a special committee to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program, should the same be authorized by the voters in the special election to be held on December 13, 1986. SECTION II. That this resolution shall take effective immediately. PASSED AND APPROVED this the 4th day of November, 19~6. RAY STEPHENS, MAYOR C£TY OF DENTON, TEXA~ ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DEN%'ON, TEXAS APPROVED AS TO LEGAL FOR2~I: DEBRA ADAblI DRAYOVITCH, CITY AT%'ORNEY CiTY OF DENTON, 'fEXAS BY: Chew motion, Atford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered approval of a resolution declaring Tuesday, November 18, 1986 to be Mayor's D-Day in the War on Drugs. The following resolution was presented: RESOLUTION WHEREAS, drug abuse has grown to such an extent that it now threatens the progress, the quality of life, and the very security of this great nation; and WHEREAS, the national war on drugs must be fought on all levels, on all fronts, and the battle in our cities will De a critical one because it is in our cities that the demand for illegal drugs must be halted; and - WHEREAS, a successful counter-attack on drugs will require the active support of all the citizens of our cities; and WHEREAS, the United States Conference of l, layor s has declared Tuesday, November 18, 1986 Mayor's D-Day in the War on Drugs and has called upon all mayors to join that day in a national mobilization that will raise all citizens' awareness of the threat posed by illegal drugs; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: 384 City of Denton City Council Minutes Meeting of November 4, 1986 Page Seventeen SECTION I. The Council of the City of Denton hereby declares Tuesday, November 18, 1986 to be Mayors' D-Day in the War on Drugs in the City of Denton, Texas. SECTION II. That the citizens of the City of Denton, Texas participate in our goal of a drug-free City and a drug-free America. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th aay of November, 1986. RAY STEPHENS, MAYOR CiTY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: o Chew motion, Alford second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. The Council received a report on the following miscel- laneous matters from the City Manager. City Manager Lloyd Harrell reported that transportation would De provided for Council Members attending the planning seminar in Dallas on November 4. Those interested should meet in the Civic Center parking lot at 7:00 a.m. and the group would return to Denton around 6:30 p.m. Four possible dates had been offered by the City's auditors for a tax seminar. The Council decided on Tuesday, November 25th at 5:30 p.m. in the City Council Chambers. Harrell concluded by reported that at the close the the City's financial books, the general revenues exceeded expenditures by approximately $196,000. 8. New Business No items of new business were suggested by Council Members for future agendas. The Council then considered agenda item #2 which had been ~elayed due to time constraints. 2. The Council considered giving staff direction regarding engineering work on the Oak-Hickory street improvement project. City Manager Lloyd Harrell reported that the Hickory Street aesign had been delayed until after January 1 per Council's instructions. Other projects would be started in the interim. The design element 385 City of Denton City Council Minutes Meeting of November 4, 1986 Page Eighteen spoke to two suDjects; one was the long range transportation plan for the City,- which would be vitally important. Hickory could be designed to be one-way with couplets with one side left for on street parking or it could be left two-way with no parking. Staff was presenting four alternatives: 1. a width of 37 feet with 3 lanes one-way (representing a savings of $70,000) 2. a width of 37 to 45 feet with 3 lanes one-way and parking on 1 lane (representing a savings of $50,000) 3. a width of 45 feet with 3 lanes one-way with parking on 1 side (representing a savings of $28,000) 4. a width of 45 feet with 2 lanes each way and parking on both sides (representing no savings) Sta£f was recommenaing alternate #3. Chew motion, Alford second to direct staff to proceed with the engineering work on the Oak-Hickory street improvement project with alternative ~4. Mo~ion carried 5 to 1 with Council Member ~cA~ams casting the "nay" vote. 9. No official action on Executive Session items of legal matters, real estate, personnel and/or board appointments was taken. 10. The Council convened into the Executive Session to discuss legal matters, real estate, personnel ann/or board appointments. No official action was taken. With no further items of business, the meeting_was adjourned. CHARLOTTE AL~EN, CITY ~E~RETARY 0493o 386 City Council Minutes November 18, 1986 The Council convened into the Work Session at 5:00 p.m. in the Civil Defense Room. 5:00 p.m. PRESENT: Mayor Stephens; ~ayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager and City Attorney ABSENT: None 1. The Council held a discussion with Leadership Denton group from the Chamber of Commerce. An informal get acquainted session was held between the Leadership Denton group from the Chamber of Commerce and the City Council Members. 5:45 p.m. 1o The Council then held a discussion with the Municipal Juage' regarding various issues concerning the Municipal Court and Court Clerks Office. This item was taken under the Executive Session. 2. The Council convened into the Executive Session to aiscuss ?ersonnel/Board Appointments. No official action was taken. b:lb p.m. Agenda item ~2 on the 6:15 p.m. agenda was moved ahead in the order. 2. The Council considered giving staf~ direction on the refunding of $1,000,000 Series 1984 Utility Revenue $on~s an~ $20,000,000 Series 1984-A Utility Revenue Bonds. John McGrane, Director of Finance, reported that un~er the new tax law, the City would be allowed to refund bon~s twice. These particular bonds had not been refunde~. Staff and the City's financial advisors had been watching the market and approximately $1,000,000 could be saved i~ the bonds were refunde~ at this time. The bonds could be refunded again at a future date if that would be advantageous. The refunding woul~ take approximately 30 to 45 days to negotiate and begin the procedures. He was recommending that this be accomplished prior to the first of the year. Mr. Frank Medanich, First Southwest Company, reported that the City only had two bond issues which could take a~vantage of this option and refunding represented a gross savings of %1,600,000 to $1,800,000 to the City. These savings could be taken "up front" or at the end of the issue. His staff was hoping to be able to put the refunding package together an~ have it underwritten before the end of the calendar year. Alexander motion, Chew second to proceed with the refunding procedures. Motion carried unanimously. The Council then returned to the agenda order. 1. The Council considere~ approval of a recommendation of the Cable TV Advisory Board on the selection of the firm for cable television refranchisement consulting services with the amount of the contract not to exceed $27,840.00. 387 City of Denton City Council Minutes Meeting of November 18, 1986 Page Two Bill Angelo, Director of Community Services, reported that over the last few wee~s, staff had been reviewing proposals from consulting firms. The proposals had been narrowed to two firms which had been interviewed. Staff was recommending the selection of CTIC as the consultant on refranchisement. The total cost would be $33,240 and this would be recovered from the cable TV system ~uring refranchisement. Council Member Riddlesperger asked if there was a possibility of changing cable companies. Angelo responded that Sammons had performed well. The City could renew the franchise or go with municipal ownership. A hard look would be given to Sammons operations. Chew motion, Alexander second to approve CTIC as the consulting firm to be used for cable television refranchisement services. Motion carried unanimously. 3. The Council then held a discussion of initiation of condemnation proceedings. This item was taken under the Executive Session. 4. The Council convened into the Executive Session to aiscuss legal matters, real estate ana personnel/board appointments. No official action was taken. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro l~em Alford; Council Members Alexander, Chew, Hopkins, ~cAdams an~ Riadlesperger City Manager, City Attorney an~ City Secretary ABSENT: None Mayor Stephens presented a Proclamation for Ending Hunger Week to be observed in Denton November 16th through 24th. The proclamation was accepted by Ms. Susie Green and hr. Parrish Johnson. 1. Consent Agenda Item # 1.A.9 was removed from the Consent Agenda by staff. Alexander motion, Chew second to approve the Consent Agenda as presented with item # 1.A.9 removed. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid # 9664 - Air switches 2. Bid # 9665 - Cut outs/squirrel guards 3. Bid # 9666 - 1000 KVA transformer 4. Bid # 9667 - Asbestos removal 5. Bid # 9668 - Tree trimming miscellaneous electric lines 6. Bid # 9669 - Water and sewer supplies 7. Bid # 9671 - Remanufactured ambulance 8. Bid # 9679 - Medical supplies (REMOVED BY STAFF) 9. Bid # 9681 - Gasoline and diesel 10. Purchase Order # 75987 to Southwest Electric in the amount of $16,876.00 11. Purchase Order # 76014 to General Electric in the amount of $29,938.00 388 City of Denton City Council Minutes Meeting of November 18, 1986 Page Three B. Plats and Replats: 1. Consider approval of preliminary and final replat of the Original Town of Denton Addition, part of Lot 2, Block 25. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary and final replat of the Veterans Addition, Lots 1 and 2. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary plat of the Trinity Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Change Order: t. Consider approval of Change Order to Bid ~ 9609 (Stuart/Pershing paving and drainage improvements) Agenda item #3.A. was moved ahead in the agenda order. 3. ]Resolutions A. 1'he Council considered approval of a resolution closing Highview Circle on December 1, 19~b from 5:30 p.m. until 10:00 p.m. for a Olock party. hr. Gary Kirchoff, representing the neighbors, stated that this street was circular and the residents wishe~ to have the street closed for a block party. The following resolution was presented: RESOLUTION WHEREAS, on Monday, December 1, 1986, the resiGents of Highvlew Circle will hold a block party; and WHEREAS, all abutting residents have given their permission to the temporary closing of said Highview Circle; and WHEREAS, in order to provide adequate space for this party, 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 Highview Circle from the hours of 5:30 P.M. until 10:00 P.M. on December 1, 1986; NOW, THEREFORE~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Highview Circle shall be temporarily closed as a public street or thoroughfare of any kind or character whatever on December 1, 19~6 from 5:30 P.M. until 10:00 P.M. for the purpose of holding a block party. SECTION II. That the portion of the above described street shall revert back to the City for normal traffic activity immediately from an~ after 10:00 P.M. on December 1, 1986. SECTION III. That this resolution shall be effective immediately a~ter its passage and approval. Meeting of November 18, 1986 Page Four PASSED AND APPROVED this the l~th day of November, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED!AS TO LEGAL FORM: DEBRA AD6Mi DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, McAdams second that the resolution be approved~ On roll call vote, McAdams "aye," Alexander "aye," Hopkins ;"aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then returned to the regular agenda order. 2. Ordinances A. The Council considerea aaoFtion of an orainance acceptinq competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-225 .AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A :CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES iOR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS .THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call " Alexander "aye," Hopkins "aye, vote, McAdams "aye, " Alford "aye," Riddlesperger. "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. ~. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for publiD works or improvements. The following ordinance was presented: NO. 86-226 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR ~HE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND pROVIDING FOR AN EFFECTIVE DATE. McAdams mQtion, Alford second to adopt the ordinance. On roll call " Hopkins "aye, vote, McA'dams "aye," Alexander "aye, " Alford "aye, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. ~. The Council considered adoption of an ordinance providingi for the expenditure of funds for emergency purchases of materials~ equipment, supplies or services in accordance with the provision8 of state law exempting such purchases from requirements of competitive bids. 390 City of Denton City Council Minutes Meeting of November 18~ 1986 Page Five The following ordinance was presented: NO. 86-227 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the expenditure of funds by the City of Denton for an annual membership fee in the American Public Power Association. The following ordinance was presented: NO. 86-228 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUND~ aY THE CiTY OF DENTON FOR AN ANNOAL MEMBERSHIP FEE IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING ~'OR AN LFFECTIVE DATE. Alexander motion, McA~ams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considere~ a~option of an ordinance authorizing the execution of Amendment No. 1 to the monitor and research contract between the City of Denton, City of Dallas and North Texas State University. Mayor Stephens stated that the name of the Provost should De changed from Toulouse to Golden. The followin9 ordinance was presented: NO. 86-229 AN ORDINANCE AUTHORIZING THE EXECUTION OF AMENDMENT NO. TO THE MONITOR AND RESEARCH CONTRACT BETWEEN THE CITY OF DENTON, CITY OF DALLAS AND NORTH TEXAS UNIVERSITY, AND DECLARING AN EFFECTIVE DATE McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement and approving the expenditure of funds therefor. The following ordinance was presented: NO. 86-230 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 391 City of IDenton City Council Minutes Meeting iof November 1~, 19~6 Page Six, McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, MdAdams. ~aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesp~rger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried 6nanimously. ~G. The Council considered adoption of an ordinance approvin~ a funding agreement between the City of Denton and Denton City-County Day Nursery, authorizing the Mayor to execute the agreemen~ and approving the expenditure of funds therefor. The following ordinance was presented: NO. 86-231 .AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY .OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING ,THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE .EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN iEFFECTIVE DATE. Riddlesperger motion, Chew secon~ to aaopt the orainance. On roll call vote, McAdams "aye," Alexander "aye," hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considere~ a~opt~on of an ordinance approvingl a funding agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement' and approvIng the expenditure of funds therefor. The following ordinance was presented: NO. 86-232 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McA~ams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger, . "aye, Chew "aye, and Mayor Stephens "aye. Motion carried unanimously. I. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Services 'Program for Aging Needs (SPAN) relating to Handihop service; 'authorizing the Mayor to execute the agreement and approving:the expenditure of funds therefor. The following ordinance was presented: NO. 86-233 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) ~ELATING TO HANDIHOP SERVICE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll call vote, McA~ams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Ridolesper:ger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried un!animously. J:. The Council considered adoption of an ordinance approving ~ funding agreement between the City of Denton and Services Program fo'r Aging Needs (SPAN); authorizing the Mayor to execute the agreement and approving the expenditure of funas therefor. 392 City of Denton City Council Minutes Meeting of November 18, 1986 Page Seven The following ordinance was presented: NO. 86-234 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alford motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance to create a "No Parking" zone on the east and west sides o~ Jason Street so~lth of its intersection with Londonderry Lane. Rick Svehla, Assistant City Manager, reported that the Citizens Traffic Safety Support Commission had reviewed this at their last meeting and had concurred that this action would eliminate parking problems in this area. Police officers had been issuing tickets but a vehicle had to be parked for a certain amount of time before a ticket co~]lG be issued. Council l~ember ~LCAdams asked if ano~er alternative coula be suggesCed to solve the problem. Svehla responded that tickets were issued to vehicles parkeo at th~s location if they had been stationary for 24 hours. If the proposed ordinance were approved, vehicles could be ticketed immediately. This street was only 100 feet long and was a dead-end. Mr. Doug Ebersole stated that he owned a building on Jason ano Londonderry and had been experiencing problems with large trucks parking on the dead-end street. Under the current City ordinance, the fee for such a violation was only $6.00. This was presenting a safety problem as residents had to drive up Londonderry to get to the area and then block the street while they backed in. Londonderry was not on the truck route and was not constructed to bear the weight of these large trucks. McAdams stated that it appeared to disadvantage the people who lived in this area by taking away their parking. Mr. Ebersole responded that the area had never been used by the residents of his building for parking. City Manager Lloyd Harrell reported that it nad been discussed if it would be possible to differentiate between cars and trucks in the ordinance. However, this could not be done. Staff ~elt that, in this particular circumstance, it was more advisable to remove all on-street parking as the street was only 100 ~eet long and was a dead-end. The following ordinance was presented: NO. 86-235 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE EAST AND WEST SIDES OF JASON STREET SOUTH OF ITS INTERSECTION WITH LONDONDERRY LANE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. 393 City of Denton City Council Minutes Meeting of November 18, 1986 Page Eight Alexande~r motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion c~rried unanimously. 3. Resolutions B. The Council considered approval of a resolution adopting, two (2) personnel policies: 108.04 Use of City Vehicles 112.01 Separation/out-processing policy City Manager Lloyd Rarrell reported that staff, under the direction of Paulette Owen-Holmes had been working hard to put together existinglCity policies into bound form. The following resolution was presented: RESOLUTION .WHERSAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposea policies regarding employee rules and. regulations for the Council's consiaer~tion; and .WHEREAS, the City Council desires to adopt such policies as official ipolicies regarding employment with the City; iNOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DENTON, TEXAS, THAT: !~ECTION I. iThe following policies, attached hereto and made a part hereof, are hereby adopted as official policies of the City of Denton, T~exas: Use oY City Vehicles (Re£erence No. 108.04) Separation/Out-Processing Procedure (Reference No. 112.01) ~ECTION II. ~he foregoing policies are attache~ hereto and ma~e a part hereof and shall be filed in the official records of the City Denton with the City Secretary. SECTION III. The previous policies relating to Use of City Vehicles (Reference No. 108.04) and Separation/Out-Processing Procedure (Reference No. 112.01), adopted by Resolution of this Council on Septemberil8, 1984 are hereby rescinded. SECTION IV. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18th day of November~ 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE !ALLEN, CITY SECRETARY CITY OF DE;NTON, TEXAS 394 City of Denton City Council Minutes Meeting Of November 18, 1986 Page Nine APPROVED .AS TO LEGAL FORM: DEBRA ADAMI DRA¥OVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution supporting and endorsing the 1986 Greater Dallas Mobility Plan. City ~anager Lloyd Harrell reported that this item echoed Council Member Riddlesperger's comments to the Leadership Denton group about the importance of the southern loop and a roadway to the Dallas-Fort Worth airport. This items would be subject to legislative lobbying during the next session. The following resolution was presented: RESOLUTION WHEREAS, traffic and transportation have become the number one concern of the majority of our citizens; aha %~HEREAS, in 1982 a detailed study was conducted whzch defined the magnitude of the transportation problem that existe~ at that time; and WHEREAS, the 1986 Greater Dallas Mobility Plan is a complete update and expansion of the 1982 report; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, supports and endorses the goals ot the 1986 Greater Dallas Mobility Plan and the suggested mechanism by which they may be achieve~. SECTION II. That this resolution shall become effective immediately upon its ]passage and approval. .PASSED AND APPROVED this the 18th day of November, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS '"~ APPROVED AS TO LEGAL FORH: DEBRA ADAI~iI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved. On " Hopkins "aye, roll call vote, ~cAdams "aye," Alexander "aye, " Riddlesperger "aye," Chew "aye, Alford "aye, " and Nayor Stephens "aye." Motion carried unanimously. 395 City of!Denton City Council Minutes Meeting,of November 18, 1986 Page Ten D. The Council considered approval of a resolution postponing the .regular City Council meeting of December 2, 1986 to Decembe~ 9, 1986. The following resolution was presented: R E S O L U T I O N WHEREAS, a majority of the Council will be out of the City of DentOn. on December 2, 1986, and it is necessary that the Council meeting .for such date be postponed until December 9, 1986; NOW, THEREFORiE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the regular Council meeting to be held on December 2, 1986 be postponed until December 9, 1986. PASSED AND APPROVED this the 18th day of November, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTOS, TEXAS APPROVED.AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Alexanaer second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 4. The Council considered reappointment of Mr. Governor Jackson to Place 2 and Ms. Neta Stallings to Place 4 on the North Texas Higher Education Authority Board of Directors. Riddlespelrger motion, Alford second to reappoint Mr. Governor Jackson to Place 2 and Ms. Neta Stalling to Place 4 on the North Texas Hig:her Education Authority Board of Directors. Motion carried unanimousily. 5. The following miscellaneous matters were reported from the City Manager. City Mana'ger Lloyd Harrell reminded the Council of the North Central Texas Council of Governments' legislative dinner to be held in Dallas on'December 11. Harrell also reminded the Council that the tax seminar given by Deloitte, i Haskins and Sells would be held on Tuesday at 5:30 p.m. in the City Council Chambers. The Envir:onmental Protection Agency had scheduled a public hearing on air quality problems in Denton County to be held December 18 beginning, at 6:30 p.m. in the City Council Chambers. This issue 396 City of Denton City Council Minutes Meeting of November 18, 1986 Page Eleven would have implications affecting economic development as far as what new industries could locate in Denton. Proactive steps could be required on existing businesses. The sales tax had been received and was approximately $68,000 less than the figures projected in the budget. Sales tax revenues were substantially down; however, staff felt an improvement would be seen after the first of the year. ~' 6. No items for future agendas were suggested by Council Members. 7. There was no official action on Executive Session items of legal matters, real estate, or personnel/board appointments. 8. The Council held a discussion of status of transfer of Flow Memorial Hospital. This item was taken under the Executive Session. 9. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel/board appointments. No official action was taken. With no fl]rther items of business, the meeting was adjourned. CHARLOTTE ALLEN, citY ~E~RETARY 0494o 397 City Council Minutes December 9, 1986 The Council convened into the Work Session at 5:30 p.m. ~n the Civil Defense ~Room. PRESENT- Mayor Stephens; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Pro Tem Alford was absent 1. The Council reviewed Senior Citizen Opportunities Committee discussigns. Steve Br'inkman, Director of Parks and ~ecreation, reported that this item had generated considerable interest. Items which had been discussed were transportation, housing, accessibility, as well as educational and nutritional needs. Some interest had also been expressed in trying to reassemble this group on a yearly basis or as new situations arose. Staff was in process~ of reviewing ways to work with the youth of the community in a similar manner. Mayor Stephens asked if t~e Council would be interested in a task force to~ review youth opportunities through the Parks and Recreation Department. '±'he consensus of the Council was to proceea %¢lth sucM a task £orce. Council ~mber Rlodlesperger stated that ~s only objection woui~ · t there' %vas a aupl~cation of el(oft by this task torce and Parks aad Recreatlon ~{avisory Boar~. ~[ayo r Stephens r espondea that the idea %could De to bring youth, counselc~s, etc. together to ~etermine the needs of the youth. 2. The Council received an upoate on C~t~ Council goals: Goal ~ 9 - beautification Goal #12 - user fees Goal # 5 - City image City Manager Lloyd Harrell, reporting on Goal # 9 - beautification, stated that the back-up material was a repeat of information which the CounCil had previously discussed with changes incorporated. Three it]ems should be noted. Regarding the out±ine for the beautification effort task ~orce, on January 1 the Council was scheduled: to appoint this task force to establish the mechanism to beautify ithe entrances to the City. %'he second item concerne~ the urban desiign ordinances for consideration. Some Council ~embers had approached him regarding the need to accelerate the time trame which would entBil bringing the landscape ordinance to Council during the April/May] time frame. The Parks and Recreation Board felt the mandatoryl, dedication ordinance should be considered prior to the landscape~ordinance. Mayor Stephens polnte~ out the need for a master plan for tree planting on future bike/hike paths. C~ty hanager Lloy~ harrell further reported that Rick Svehla, Assistant:. . City. Manager, had attempted to report to the Council on the act~v]it~es of the Code Enforcement operation for the year and projections, for next year. Staff was anticipating a 15% increase in activity ~for this operation during the next year. Abandoned vehicles ~ould be handled by the Police Department as opposed to Code Enforcement. Bob Nelson, Director of Utilities, reporting on Goal # ±2 - user fees, sta~ed that this item covered a broad area and staff wante~ to see if they were heading in the right direction. The task force had 398 City of Denton City Council ~linutes Meeting of December 9, 1986 Page Two looked at. various sub-issues; i.e., what services were provided, which existing _or new services could be funded by user fees, which services should the City no longer provide, and the experiences of other cities. All City department had submitted a list of those services with no specific charges and a listing of existing user fees or revenue supported services. Nelson then provided a presentation of the various services and existing :fees. City Manager Lloyd Harrell, reporting on Goal # 5 - city image, stated that this had been a real committee e~fort. It was felt that the image of City government was already positive. A three prongea approach was taken to solicit ideas for improvement. A questionnaire had been sent to all City employees, a questionnaire was made available to citizens through the newspaper as well as at City hall, and the task force had reviewed the Request for Action forms for the last year. The information was then reviewed and several HOW questions were formulate~. It was suggestea that a City motto or mission statement should be developed. An employee City Image task force should be appointed to devise ways to market this motto. work by employees shoul~ be publicized and an award program be put into place. Citizens $~oula be educated as to the services proviGeG by the City through tours, open house, exhibits, etc. 3. '~he Council held a oiscussion ot the contract for leasea office space. Steve Brink~an, Director of Parks aha Recreation, reported t~at staff was in process of completing a leasing agreement lot space for the Personnel and Data Processing departments. Council Member Rid~lesperger asked if space was available in any City owned buildings. Brinkman responded there would be if the proposed Capital Improvements Program bond issue was approved. The Ciny could terminate the lease within 60 days with proper notification. Mayor Stephens stated that this termination clause should include "without .penalty." Debra Drayovitch, City Attorney, reported that changes to the lease had been discussed and felt the Council should review this matter in the Executive Session under real estate. Mayor Pro Tem Alford joined the meeting. 4. The Council received a report on automated voting by the City Council. Steve Brinkman, Director of Parks and Recreation, presented a mock-up of the proposed push button voting system for the City Council. 5. The Council convene~ into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. official action was taken. The Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: None 399 City of!Denton City Council Ninutes Meeting!of December 9, 1986 Page Three 1. The Council consiaered approval of the Ninutes of the Regular iMeetimg- of August 5, 1986; the Regular Meeting of August 19, 1986; the Special Called Meeting of August 26, 1986; the Regular Meeting lof September 2, 1986; and the Special Called Meeting of Septembe, r 9, 1986. Riddlesplerger motion, McAdams second to approve the Minutes as presente:d. Motion carried unanimously. 2. 'Public Hearings . A. The Council held a public hearing on the petition of Bellairel North Joint Venture requesting a change in zoning from the agricultural (A) district to the planned development (PD) classification and approval of a detailed plan, including the preliminary plat of Bellaire North Addition, on a 31.5 acre tract located ~t the northwest corner of Audra Lane and Mockingbird Lane. The property is further described as a tract in the William Lloya Survey, IAbstract #773. I~ approved, the planned development will permit the development of 135 lots for single family use ranging in size fro'm a minimum of 6,0U0 square feet to a maximum of 17,570 square feet. z-1938 The blayor op~ned the public hearing. Mr. Billi Coleman, representing Surke Engineering, spoke in ~avor stating ~hat a detailed plat ~ad been prepared and requesseQ the City codncil to vote ~n favor of the petition. No one spoke in opposition. The Hayo~ closed the public hearing. Denise S~ivey, Urban Planner, reported that the parcel was located in a low! intensity area which was 1% over standard due to current zoning. :Staff had tried to determine a less intense land use. There were a number of planned developments in this quadrant with small lo:ts. Staff had requested the developer to revise the petition :to include 7,000 square feet lots. In response, the developer! had submitted a new plan which included a variety of lot sizes. Approximately 53% of the lots .were 7,000 square feet or over. Th:e proposed land use was compatible. Of the 13 reply forms which ha~i been mailed, 1 was returned in favor, 0 in opposition and I undecided. 1. The Council considered adoption of an ordinance approving planned development zoning and a detailed plan on 31.5 acres. The following ordinance was presented: NO. 86-236 AN ORDINANCE AMENDING THE ZONING HAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DEN~'ON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID NAP APPLIES TO 31.5 ACRES OF 5AND LOCATED AT THE NORTHWEST CORNER OF AUDRA LANE AND ' MOCKINGBIRD LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; ~O PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM ~GRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR SAID DISTRICt'; PROVIDING FOR A ~ENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS ~HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 400 City of Denton City Council Minutes Meeting of' December 9, 1986 Page Four McAaams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams. ~aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Richard Cushman requesting a change in zoning from the single family (SF-7) district to the general retail (GR) district on a 0.913 acre tract located on the south side of U.S. Highway 380E (University Drive) approximately 350 feet east of Ruddell Street. The property is further described as a tract in the J.D. Lilly Survey, Abstract 762. If the request is approved, the property may be utilized for any purpose permitted in the General Retail district by the City of Denton Zoning Ordinance. Z-1843 The Mayor opened the public hearing. Ms. Carolyn Cushman, the petitioner, spoke in favor stating that she lived on the property adjoining this tract. The tract unaer petition was a portion of a larger 29 acres tract which was zoned single family (SF-7). She and her husbana owned the eatire parcel and were paying City and school taxes on the property. %~hey hag purchase~ the tract in 19~4 with the intention of making it their home. They ha~, however, been experiencing a problem with people walking through t~e property to get to the apartments to the west of them. She did not feel it was fair to have the property kept at t~]e present slngle family zoning classification so it coula serve as a buffer between the apart~ents on the west anG the neighbornood to the east. The Council Tax Appraisal District had assesse~ the property under the commercial category due to the frontage on University Drive. She further stated that the neighbors on the east of the property did not want any type of development to occur on the tract. She and her ~husband were only asking for general retail zoning on a very small portion of the total parcel w~]ich was tocate~ next to an existing bowling alley. Ms. Janice Colvins spoke in opposition stating that, if approve~, the petit[on would be in violation of the City's intensity policy for this area. Four acres of general retail zoning was already in the area. If this petition were granted it would styme single family development on the remainder of the tract. She conclude~ by urging the Council to allow the property to remain residential. Ms. Rose Mary Wright spoke in opposition stating that she was trying to protect her homestead and felt that businesses should be located next to bl]sinesses. Mr. Kelly Brianus spoke in opposition stating that he had lived in the adjacent neighborhood for five years and had chosen the site because it was peaceful. Ms. Debbie Wright spoke in opposition stating that she had lived in the adjacent neighborhood for one year. The petition tract fronted on Highway 380 and her primary concerns were the potential increase in traffic and the precedent which would be set for further non-residential rezoning. Mr. Joe Moore spoke in opposition stating that the property was currently zoned single family, so why not build homes. The Mayor closed the public hearing. The Mayor allowed MSo Cushman five minutes for rebuttal. Ms. Carolyn Cushman stated that commercial land uses were already in place in the neighborhood to the east and then presented a listing of the uses which included selling of firewood, portable advertising signs, welding for the public, breeding and selling of dogs an~ diesel truck service. City of Denton City Council Minutes 4 0 1 Meeting of December 9, 1986 Page Five Mr. Richard Cushman, the petitioner, asked for those persons who actually resided within 200 feet of the tract to stand. Denise ~pivey, Urban Planner, reported that the tract was located in a low i~tensity area which was over standard based on current zoning and land use. The proposal would violate the office/retail policy. The strip commercial zoning policy strongly discouraged a continuation of strip zoning. This petition, if approved, could establish a commercial strip along Highway 380. There had been 6 reply fgrms mailed with 2 returned in favor and 0 returned in oppositilon. Council :Member Alexander asked how long the property had been zoned for singile family use. Spivey ~esponded the zoning had been in place for a substantial period of time. Mayor Stephens asked if the zoning was in place since the 1969 zoning m~p. Spivey r~sponded probably. Council ihember ~icAdams stated that a citizens group as well as professionals had developed the City's lana use plan. The Council was now looking at one small piece of property but this could set a precedent for one more, then one more, etc. un~il commercial lana uses abu:tted residential. She would prefer considering a planneG ~evelopment for the entire tract rather than piecemeal. McAdams ~otion, Alexander second to deny the petition. Mayor stephens asked staff if any consideration had been given to a planned ~evelopment for the entire parcel. Spivey !responded that staff had discussed this with the petitioners. However, they were only interestea in this parcel at this time and not the entire tract. Staff felt mediation could be achieved.if the entire tract was include~. Council Member Hopkins stated that there was no way the tract should be taxedias commercial property an~ yet the Council not allow it to develop ~s commercial. Council Member Alexander stated that he wished to stress that when an area ~as zoned as single family, it took a compelling situation to overri:de that zoning. Motion t~ ~eny carried 6 to 1 with Council ~ember Chew casting the "nay" vote. 3. Consent Agenda McAdams motion, Alexander second to approve the Consent Agenda as presentedI. Motion carried unanimously. ~onsent Agenda: A. Bids and Purchase Orders: 1. Bid # 9670 - CIP Utilities bection N (included are Texas Street, Austin Street, Schmitz Street and Willowwoo~.) (The Public Utilities Board recommends approval.) 2. Bid # 9672 - Retube feedwater heaters 3. Sid # 9674 - Utility Pole Treatment and Reinforcement 4. Bid # 9675 - Power rescue tool system 5. Bid # 9676 - Modular computer room 402 City of Denton City Council Minutes Meeting of December 9, 1986 Page Six 6. Bid # 9677 - Police sedans . 7. Bid # 9678 - Pickups and one ton chassis 8. Bid # 9680 - Uniforms for City employees 9. Bid # 9683 - Liquid ferric sulfate 10. Purchase Order #76529 to Wang Laboratories, Inc. for annual maintenance service in the amount of $20,880.00 B. Plats and Replats: 1. Consider approval of preliminary and [inal replat of the Victoria Square Addition, Lots 1R and 2R, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary plat o£ the Northwood Gardens Professional O~ice Pare A~dition, Lot 1, Block A. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary plat o~ th~ Skyfab Addition, Lot 1, Block 1. (The Planning aha Zoning Commission recommends approval.) 4. Ordinances A. %he Council considere~ aaoption of an ora~nance accepting competitive bios and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-237 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered aooption o~ an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-238 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll-'7 call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford " and Mayor Stephens "aye." "aye," Riddlesperger "aye," Chew "aye, Motion carried unanimously. C. The Council considere~ aaoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements competitive bids. 4O3 City of iDenton City Council Minutes Meeting iof December 9, 1986 Page Se~en The foil:owing ordinance was presented: NO. 86-239 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS,~ EQUIPMEN'£, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW :EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE ~ BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams,'m°ti°n' Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor~ "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion cRrried unanimously. D. The Council considered adoption of an ordinance 9uthoriz~ng the issuance of Certificate of ODligation for airport improvements and all matters incident thereto. City Manager Lloyd Harrell reported that staff was awaiting further information from the City's financial advisors on this item. McAdams motion, Hopkins second to continue this item on December 16, 1986. H0tion to continue carried unaniraously. iE. 2'i~e Council consiaered adoption of an orai~anc~ amending.Chapter 10 of the Code of Ordinances of the City of Denton, Texas, to provide for the adoption of the Uniform Fire Code, 1~5~ Edition;: providing for amendments thereto; repealing certain provisions of Article Iii of saia chapter relating to the powers Quties o~ the Fire i~arshal; repealing the provisions of Article iV of said chapter relating to liqulfied petroleum gas; adopting a new Article IV entitled "Alarm Systems", to provide tot the installation of smoke, detectors in certain dwelling units; repealing Article IV ("Burnin~ of Trash and Rubbish Restricted") o£ Chapter 12 of the Code of Ordinances; and providing for a penalty in the maximum amount of $1,U00.00: for violations thereof. Rick Svehla, Assistant City Manager, reported that a memorandum ~rom the Fire :Marshal was included in the back-up material regarding this update to the existing fire code. If approved, the amendment would clarify t:he existing code; further, the code would then coincide with the Uniform Building Code. The following ordinance was presented: NO. 86-240 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCEb OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1985 EDITION; PROVIDING FOR AMENDMENTS THERETO; REPEALING CERTAIN PROVISIONS OF ARTICLE iii OF SAID CHAPTER RELATING TO THE POWERS AND DUTIES OF THE FIRE MARSHAL; REPEALING THE PROVISIONS OF ARTICLE IV OF 5AID CHAPTER RELATING TO LIQUIFIED PETROLEUM GAS; ADOPTING A NEW ARTICLE IV ENTITLED "ALARM SYSTEMS", TO PROVIDE FOR THE INSTALLATION OF SMOKE DETECTORS IN CERTAIN DWELLING UNITS; REPEALING ARTICLE IV ("BURNING OF TRASH AND RUBBISH RESTRICTED") OF CHAPTER 12 OF THE CODE OF ORDINANCES; pROVIDING FOR A PENALTY IN THE MAXIMUM AHOUNT OF $1,U00.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THERE%~ITH; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye,". Alexander "aye," Hopkins "aye," Alford "aye," Riddlespe~ger "aye, Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 404 City of Denton City Council Minutes Meeting of December 9, 1986 Page Eight: F. The Council considered adoption of an ordinance providing for.the number of persons authorized to be employed in each classified position in the Police Department for the City of Denton, Texas; and repealing all ordinances and resolutions in conflict herewith. City Manager Lloyd Harrell reported that this was a routine item which would implement decisions made during the budget process. - The following ordinance was presented: NO. 86-241 AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED TO BE EMPLOYED IN EACH CLASSIFIED POSITION IN THE POLICE DEPARTMENT FOR THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITh, AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins secon~ to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddtesperger "aye," Chew "aye," and Mayor Stephens "aye." Notion carried unanimously. G. The Council considered adoption of an ordinance approving a change in zoning ~rom the office (O) and commercial (C) districts to the planned development (PD) classification and approval of a detailed site plan on a 2~.550 acre tract located on the south side of A~dra Lane approximately 300 feet west of Loop 28~. Z-1813 The £ollowing ordinance was presented: NO. 86-242 AN ORDINANCE AMENDING %'HE ZONING MAP OF THE CITY OF DENTOm, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF~ ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLieS TO 9.3 ACRES ]LAND LOCATED ON THE SOUTH SIDE OF AUDRA LANE, APPROXIMATELY 300 FEET WEST OF HIGHWAY LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM OFFICE "O" AND COMMERCIAL "C" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 20.5 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY .IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND ]PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance abandoning an unused portion of Mills Road and Price Road located east of Trinity Road and being part of the M. Forrest Survey, Abstract No. 417. The following ordinance was presented: NO. 86-243 AN ORDINANCE ABANDONING AND VACATING CERTAIN PUBLIC STREETS AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. McAdams motion, hopkins second to adopt the ordinance. On roll call " Hopkins "aye," Alford "aye, vote, McAdams "aye," Alexander "aye, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 4O5 City of Denton City Council Minutes Meeting of December 9, 1986 Page Nine I. The Council considered adoption of an ordinance abandoning a-drainage easement between Lots 16 and 17, Block E, Northwogd Estates Addition. ' The following ordinance was presented: NO. 86-244 AN ORDINANCE ABANDONING AND VACATING A CERTAIN DRAINAGE EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN 5FFECTIVE DATE. McAdams ,motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesp:erger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried Unanimously. J. The Council considered adoption of an orainance abandoning and vacating certain utility easements located within Lot 1, Block. 40 $outhridge East. Bob Nelslon, Director of Utilities, reported that this easement had been accepted with the property was first platted; however, it was no longer n~eede~. It was currently a 16 feet easement with only low voltage Secondary lines and the City only nee~e~ a 10 ~eet easement. '~he follo~¢ing ordinance ~as presented: NO. 86-245 AN ORDINANCE ABANDUNING AND VACA2'i~G A CER'i~AIN U%'iLI%'Y EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE .- ,DATE. Hopkins [[iotion, McAdams second to adopt the ordinance. On roll call vote, HcAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Rid~lespeirger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried u:nanimously. :k. The Council considered adoption of an ordinance abandoning and vacating certain utility easements located next to the Paige electric substation. Bob Nelsqn, Director of Utilities, reported that this was a "trade out" easement. Staff had worked with the owner to locate the easement in another direction. The following ordinance was presented: NO. 86-246 AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN; AND bECLARING AN EFFECTIVE DATE. McA~ams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," -_ Riddlespe~ger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance abandonin~ and vacating certain utility easements located within the Gazebo Ap%rtment complex. Bob Nelsoh, Director of Utilities, reported that the City had taken easements ;in this area which were now not needed. The owner of the Gazebo Apartments needed the easement to obtain a clear title on the property for sale. 4O6 City of Denton City Council Minutes Meeting of December 9, 1986 Page Ten The following ordinance was presented: NO. 86-247 AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll cal[~ vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye,', Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council considerea approval of a resolution affirming support by the City Council for the Services Program for Aging Needs (SPAN) application to the United States Department of Highways and Public Transportation for assistance for transit. Ms. Roberta Donsbach, Director of SPAN, reported that her organization had begun looking at this program over a year ago. the application were approve~ by the United States Department Highways and Public Transportation, it would provide approximately 80% of the funding to allow SPAN to serve local citizens under 6u years of age. Denton woul~ be the first city to apply ano receive Section ±g grant money. The following resolution was presentea: R ~ S O L U ~' i ~ h WHEREAS, the Denton City Council was instrumental bringing Services Program for Aging Needs (SPAN) into Deing February, 1974, in an effort to meet the acute transportation nee~s~ of eloerly citizens of the City of Denton; and WHEREAS, the Denton City Council, through the years, has participated actively in shaping the scope of Services Program for Aging Needs (SPAN) services to citizens of Denton; and WHEREAS, after careful consideration, the SPAN Board of Directors has submitted an application to extend its services to enable persons of all ages to ride on established SPAN routes throughout Denton County, through Section 18 of the United States Department of Highways and Public Transportation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Denton City Council hereby atfirms its support of Services Program for Aging Needs (SPAN) application for Section assistance. SECTION II. That this resolution shall be effective immediately after PASSED AND APPROVED this the 9th day of December, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 407 City of Denton City Council Minutes Meeting of December 9, 1986 Page Eleven APPROVED AS TO LEGAL FORM: DEBRA ADkMI DRA¥OVITCH, CITY ATTORNEY CITY OF bENTONt TEXAS BY: : Hopkins motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye,' Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion c~rried unanimously. :B. The Council considered approval of a resolution authorizing the City of Denton to apply to the Texas Rental Rehabilitation Program Fund for federal funds for rehabilitation of privately owned rental property. Barbara iRoss, CDBG Coordinator, reported that this was an annual application for $100,000 ia funds to continue this.program. The following resolution was presented: RESOLUTION ,WHEREAS, it is necessary for the Council of the City of Denton t~ authorize the submission of an application to the %'exas Rental Rehabilitation Program Fund for federal funds; and iI'{liEREA$, the City of Denton is eligible to receive suci~ funds and desires to apply for federal iuads adml~llstered my the Texas Renltal Rehauilitation Program Fund; and WHEREAS, the City of Denton, as an entitlement City, has prepared ! a program for utilizing its share o~ the fund for rehabilitation of privately owned rental property ~o be used primarily: for residential rental purposes in the amount of $100,000; and WHEREAS, the City of Denton desires these funds to support the rehab~litation~ of privately owned rental property; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton, Texas authorizes the City Manager to sign and submit to the Texas Rental Rehabilitation Program Fund a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. ~'hat the City Council of the City of Denton, Texas authorize~ the City Manager to handle all fiscal and administrative matters related to the application and the assurances required therefore.: That the City Secretary is hereby directed to forward a certified ~copy of this Resolution to the Department of Housing and Urban Devglopment. gASSED AND APPROVED this the 9th day of December, 1986 RAY STEPHENSt MAYOR CITY OF DENTON, TEXAS 4O8 City of Denton City Council Minutes Meeting of December 9, 1986 Page Twelve ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and [vlayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution approving an agreement between the City of Denton and the benton Independent School District regarding the use o~ common polling places for elections. Mayor Stephens left the meeting. City ~,lanager Lloya Flarrell reported that sta£~ felt this agreement wodla be of great asszstance to city voters in the spring. the tirst year, eac[~ ent~Ly woul~ r~an~le the aenails election but would share polling locations. Excellent coope£atio~l had oeen exhibited between the Czty and the school distrzct. Council Member Chew stated he felt this was a step forwara for Doth entities. Council Member Alexander extended thanks to the City Secretary for her part in working out the terms of the agreement. Mayor Stephens joined the meeting. The following resolution was presented: R E S O L U T i O N WHEREAS, Chapter 271 of the Texas Election Code authorizes political subdivisions to conduct joint elections; and, WHEREAS, the Boar~ of Trustees o~ the Denton Independent School District have requested the City Council of the City of Denton to conduct its regular election to De hel~ April 4, 1987, 3ointly with the School District election; and, WHEREAS, the City Council, having given ~ue deliberation to the proposal for a joint election, is of the opinion that designating common polling places for the April 4, 1987 election could adequately and conveniently serve the voters of the City o~ Denton and facilitate the orderly conduct of such elections; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City and the Denton Independent School District providing for joint polling places in the 1987 regular municipal election, a copy of such agreement being attached hereto and incorporated by reference herein. 409 City of Denton City Council Minutes Meeting of December 9, 1986 Page Thirteen SECTION II. ~ That this resolution shall take effect and be in full ~orce immediately upon its passage and approval. RAY STEPHENSt MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTIE ALLEN, CITY SECRETARY CITY OF iDENTON, TEXAS APPROVED AS 5'0 LEGAL FORH: DEBRA ADkMI DRAYOVITCH, CITY ATTORNEY BY: Alexander motion, ~LcAdams second that the resolution be approved. Oh roll call vote, NcAdams "aye," Alexander "aye," Hopkins "aye," Alfo~d "aye," Ri~aiesper~er "aye," Chew "aye," and [~layor Stephens "aye." Motion c~rried unanimously. '2de Council n'hen considereo the agenda addendum item. 1. iThe Council received an appearance by requesting City Council endorsement £or a celebrity 9o1~ tournament fun~ raiser. [.Ir. Louis Smith, General Sales l~lanager for Friendly Chevrolet, stated that the. proposed tournament would bring high visibility to Dento[~ and woul~ last four days. It was hoped that the golf tournament would ne[ approximately $100,000 for local Denton charities. Council :Hember Hopkins asked how it would be determined which charities would receive funds. Smith responded his people would work with the local Chamber of Commerce.. Chew mo~ion, Hopkins second to encourage the holding of the tournamenlt and wished them well. Motion carried unanimously. The Counciil then returned to the regular agenda order. 6. The Council considered appointments to the Flow Regional Medical Center Board of Advisors. Riddlespe~ger (representative of the Blue Ribbon Committee) motion, Alexander: second to accept the presented list of appointees. City selectionS were as follows: , Physicians: Bob Croissant Don Holt Ken Ford Business Leaders: W. C. Orr Tom Harpool Sennett Kirk 410 City of Denton City Council Minutes Meeting of December 9, 1986 Page Fourteen Educator: Dr. Shirley Chater Consumer Representatives: Jack Scott Alma Jean Washington Harold Perry Community Leaders: Mary Williams Stanley Monroe Robert LaForte Roger Dunham Council Member McAdams statea that the list did not include a person which she wished to name to the board. The Council recessed into the Executive Session to aiscuss personnel/ board appointments. The Council reconvened into the regular meeting. Council Member ~cAaams stated that she wished to submit the na~ne or Alton Donsbach and remove the nalne o~ Roger bunham. Council Member Alexander stateG that this was agreeable to the seconG. Council Member Chew stated that he was still not satisfied with the names. Debra Drayovitch, City Attorney, stated that had been handled as main motion. Motion to approve the names with the one substitution carried unanimously. 7. '~he Council then received a report on miscellaneous matters from the City Manager. City Manager Lloyd Harrell reminded the Council of the North Central Texas Council of Governments' legislative dinner to be held on December 11. Further, the regular meeting of the City Council to be held on December 16 would begin at 6:00 p.m. rather than 7:00 p.m. 8. The Council considered appointments to the Flow ~emorial Hospital Board of Directors. Council Member Riddlesperger stated that this item should be passed in the agenda order. The new board should be appointed to these positions. No action was taken. 9. New Business No items of new business were suggested by Council Members £or tuture agendas. 10. There was no official action on Executive Session items of legal matters, real estate, personnel and/or board appointments. 11. The Council held a discussion of status of transfer/lease of Flow Memorial Hospital. 411 City of IDenton City Council Minutes Meeting~of December 9, 1986 Page Fifteen This item was taken under the Executive Session. 12. i The Council reconvened into the Executive Session to discuss legal m~tters, real estate, and personnel/board appointments. No official action was taken. With no ifurther items of business, the meeting was adjourned. CHARLOTT.E ALLEN, CITY ~ECRETARY 05000 412 The work session of the City of Denton City Council on Tuesday, December 16, 1986 at 5:00 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; Council Members Alexander, Hopkins, McAdams, and Riddlesperger. ABSENT: Mayor Pro Tem Alford; Council Member Chew The following items were considered: 1. The Council received an overview report on the proposed utility rate adjustment. Bob Nelson, Director of Utilities, introduced Mr. John Wagner who was one of the consultants on the project. John Wagner gave an overview of how the rate changes would affect the different types of users. Wastewater would have no change; electric would have a decrease; water, an increase. He stated that about 5% was needed for the short term revenue requirements and the rest would be for future revenue requirements. Council Member Chew joined tile meeting. Mayor Stephens asked that if the residential ~,{as down, the small user in residential category also nave a decrease. Wagner replied that there was no change in the structu£e of the residential rates. Mayor Stephens asked for a comparison between the bus,ness and residential rates. Nelson stated that with a small business, the first 5kw had no charge. A small residence paid approximately 8 1/2¢ per kw and a small btlsiness paid depending on the rate usage. He also stated that on an investment basis, industry was paying more and the residential customer was not up to the same rate. The rate adjustment would try to get that more in line. Mayor Pro Tem Alford joined the meeting. Nelson showed the Council an overhead regarding the effects of the revised proposed rates on selected types of services. He stated that the Public Utilities Board had recommended the rate adjustment. It was broughn to the Council tonight for review and would soon come to the Council in ordinance form. The Council held discussions with State Representative Jim Horn at 5:30 p.m. in the Civil Defense Room of the Municipal Building. The Council held discussions with State Representative Jim Horn regarding various issues. Among those issues were (1) the NLC proposal of broadening sales tax, (2) state income tax, (3) City/County hospitals, (4) the homestead amendment, (5) Tort reforms, and (6) the police retirement system. 2. The Council convened into the Executive Session. The Council then convened into the Special meeting at 6:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None 413 City of Denton City Council Minutes December 16, 1986 Page 2 The following ~tems were considered: Item #3 was moved ahead in the order. 3. Consent Agenda; Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recom- mendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to De approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, and 4.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid # 9484 - Extension of bid for mobile radios 2. Bid ~ 9685 - Lease/purchasing financing 3. Bim ~ 9686 - Riaing mo~ers 4. 3id ~ 9588 - ~est Hickory and Uelcn Street paving and ~rainage 5. Bid ~ 9689 - Painting office complex/ warehouse Riddlesperger motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. 4. Ordinances: A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 86-248 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 86-249 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DA~I'E. 414 City of Denton City Council Minutes December 16, 1986 Page 3 McAdams motion',-Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance canvassing bond election returns. The following ordinance was considered: NO. 86-250 THE STATE OF TEXAS : COUNTY OF .DENTON : CITY OF DENTON : WHEREAS, the City Council of said City ordered an election to be held in said City on DECEMBER 13, 1986, on the PROPOSITIONS hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to sal'd election, including the ordering, giving motive, officers, holding, and makin9 returns of said election; ~nd ~.~EREAS, the elect~on offfLcers who held said election nave auly made the returns of the result thereof, and said returns have oeen duly delivered to this City Council. THE COUNCI6 OF 'tHE CITY OF DENTON HEREBY ORDAINS: 1. That the City Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that sai~ election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Ordinance calling said election. 2. That the City Council officially finds and determines that the following votes were cast at said election on each submitted PROPOSITION, Dy the resident, qualified electors of said City who voted at the election: PROPOSITION NO. 1 1676 VOTES: FOR ) )THE ISSUANCE OF $7,736,000 )OF STREET AND TRAFFIC CONTROL )IMPROVEMENT BONDS 425 VOTES: AGAINST ) PROPOSITION NO. 2 1644 VOTES: FOR ) )THE ISSUANCE OF $3,466,000 OF )DRAINAGE IMPROVEMENT BONDS 472 VOTES: AGAINST ) PROPOSI'fION NO. 3 1453 VOTES: FOR ) )THE ISSUANCE OF $185,000 OF )ANIMAL CONTROL CENTER BONDS 630 VOTES: AGAINST ) 415 City of Denton City Council Minutes December 16, 1986 Page 4 PROPOSITION NO. 4 1658 VOTES: FOR ) )THE ISSUANCE OF $7000,000 OF )FIRE STATION BONDS 433 VOTES: AGAINST PROPOSITION NO. 5 1414 VOTES: FOR ) )THE ISSUANCE OF $5,950,000 OF )PARK IMPROVEMENT (ATHLETIC )FIELD AND NEIGHBORHOOD AND )SENIOR CITIZENS COMMUNIT~ )CENTER) BONDS 673 VOTES: AGAINST ) PROPOSITION NO. 6 1393 VOTES: FOR ) )THE ISSUANCE OF $1,000,000 OF )LIBRARY BONDS 695 VOTES: AGAINST ) PROPOSITION NO. 7 1419 VOTES: FOR ) )THE ISSUANCE OF $2,600,000 OF )LAW ENFORCEMENT AND COURT )BUILDING BONDS 642 VOTES: AGAINST ) 3. That the City Council officially finds, determines, and declares the result of said election to De that the foregoing PROPOSITIONS so submitted have received a favorable majority vote in all respects and have carried, and that the bonds voted thereunder may be issued in accordance with law. Alexander motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Mayor Stephens departed from the agenda to issue a proclamation. The proclamation was presented for National Drunk and Drugged Driving Awareness Week, December 15-21, 1986. The proclamation was read by Mayor Stephens and presented to representatives of the task force. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Haywood Jordan McCowan and Gary Juren Architects and Company relating to the rendering of professional architectural services for the design of a community building. The following ordinance was considered: NO. 86-251 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HAYWOOD JORDAN MCCOWAN AND GARY JUREN ARCHITECTS & COMPANY RELATING TO THE RENDERING OF PROFESSIONAL ARCHITECTURAL SERVICES FOR THE DESIGN OF A COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that an amendment to the contract had been distributed to the Council and was to be adopted as part of the motion. 416 City of Denton City Council Minutes December 16, 1986 Page 5 Lloyd Harrell,. ~ity Manager, stated that the amendment was a clarification in more precise language, the relationship between the City and the architectural firm if the firm was used for the second and third community centers which were part of the bond package. Chew motion, McAdams second to adopt the motion. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford " Chew "aye," and Mayor Stephens "aye," Riddtesperger "aye, "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the City of Denton to contract with CTIC Associates for cable television refranchisement consulting services with the amount of the contract not to exceed $27,840.00. The following ordinance was considered: NO. 86-252 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CI'~Y OF DEN?ON AND CTIC ASSOCIATES FOR PROFESSIONAL SERVICES; APPROVING EXPEND£TURE OF FUNDS '~HEREFORE; AND PROVIDING FOR AN EFFEC'~iVE DA'rE. Alexander motion, Hopkins second to aGopt the ordinance. On " Alexander "aye," Hopkins "aye, roll call vote, ~4cAdams "aye, " Alford "aye," Riddlesperger "aye," Chew "aye," and Mayo~ Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving an agreement providing for the lease of office space at 324 East McKinney Street. The following ordinance was considered: NO. 86-253 AN ORDINANCE APPROVING AN AGREEMENT PROVIDING FOR THE LEASE OF OFFICE SPACE AT 324 EAST MCKINNEY STREET, AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that the language in the contract dealing with the City's right to terminate the lease if desired had been improved. The lease could be terminated with a 6 month notice. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance establishing a loading zone located at 115 Sycamore Street and providing for a penalty in the maximum amount of $200.00 for violations thereof. The following ordinance was considered: NO. 86-254 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A LOADING ZONE LOCATED AT 115 SYCAMORE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Rick SveAla, Assistant City Manager, stated that this was a standard ordinance for a loading zone and providing for a penalty for people who parked there who were not authorized. The loading zone was for the Food Bank and would be no fee for the loading zone. 417 City of Denton City Council Minutes December 16, 1986 Page 6 McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, M6A~ams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. H. Item was pulled by the Mayor at the start of the meeting. I. The Council considered adoption of an ordinance authorizing an agreement with Camp, Dresser and McKee relating to a feasibility study for water/sewer fees. The following ordinance was considered: NO. 86-255 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ~CITY OF DENTON AND CAMP, DRESSER AND MCKEE FOR ENGINEERING SERVICES; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. BoD Nelson, Director of Utilities, stated that the study was dealing with the cost of new customers on the water/sewer fees. The study would De divided into two distinct segments. The first was to analyze and do a feasibility study on the impact that new customers had on the infrastructure, i'he second segment would De development of fees in accordance wit~] that impact. Riddlesperger motion, McAaams second to aGopt the orainance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddiesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. Item was pulled by the Mayor at the start of the meeting. B. The Council considered approval of a resolution approving an agreement between the City of Denton and the YL Roses .of Texas Repeater Association for emergency communications assistance. The following resolution was considered: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE YL ROSES OF TEXAS REPEATER ASSOCIATION FOR EMERGENCY COMMUNICATIONS ASSISTANCE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor and City Secretary are hereoy authorized and directed to execute and attest, respectively, an agreement between the City of Denton and the YL Roses of Texas Repeater Association for emergency assistance under the terms and conditions being contained in sai~ agreement which is attached hereto and made a part hereof. 418 City of Denton City Council Minutes December 16, 1986 Page 7 SECTION' II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 16th day of December, RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL DEBRA ADAMI DRAYOVITCH, C£T~ ATTORNEY CITY OF DENTON, TEXAS BY: Rick Svehla, Assistant City Manager, stated that the ag£eement would allow the group to use our radio tower with their equipment 'and formalized the regulations so that everyone involved would know what the regulations were. McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of a resolution approving an agreement authorizing the City Manager to sign and approve construction plans for certain highway traffic signals. The following resolution was consioered: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the attached agreement between the State of Texas and the City of Denton for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) ShOWn on Exhibit 1, attached hereto and made a part hereof, in the City of Denton, be and the same is hereby approved. SECTION II. That the City Manauer is hereby authorized to execute said contract on behalf of the City of Denton and to transmit the same to the State of Texas for appropriate action. 419 City of Denton City Council Minutes December 16, 1986 Page 8 SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. ' RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, ~EXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, C£TY ATTORNEY CITY OF DENTON, TEXAS BY: Rick Svehla, Assistant City Manager, stated that this was a formal approval allowing the City Manager to sign plans for an upgrading of the signal at U.S. 77 and Windsor. Hopkins motion, Alexander second to adopt the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor d "aye," Riddlesper ger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Item F. was moved ahead in the agenda. F. The Council considered approval of a resolution authorizing a committee to assist the Public Utilities Board and the City Council in their consideration of capital recovery fees. The following resolution was considered: RESOLUTION WHEREAS, the City Council has, upon the recommendation .... of the Public Utility Board, authorized Camp, Dresser and McKee to conduct a feasibility and implementation study for the establishment of capital recovery fees; and WHEREAS, such study contemplates the appointment of a citizens' committee to provide input and assistance to the consultants and the City; NOW, THEREFORE, 42O City of Denton City Council Minutes December ].6, 1986 Page 9 BE IT RESOLVED. BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the following individuals are hereby appointed to constitute the "Capital Recovery Fees Citizens' Committee". , At Large Representative , City Council Member , Public Utilities Board Member , Public Utilities Board Member , Chamber/Board of Realtors Representative , University Representative · League of Women Voters Representative , Home Owner , Home Owner , Retired Home Owner , Engineering Firm Representat£ve , Apartment Dweller (possible student) , Homebuil~er Association Rep£eseatative SECTION II. That is he£eDy appointem as the chairman of such Committee. SECTION III. That the Committee shall coordinate with Camp, Dresser and McKee and the Public Utilities Board and shall report its findings to the Public Utilities Board. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 19~6. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED .AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Bob Nelson, Director of Utilities· stated that in conjunction with the services contract with Camp, Dresser, and McKee, the Public Utilities Board recommended that a citizens committee be appointed to help guide/direct through the process. The PUB gave consideration to a cross section of the public which might serve 421 City of Denton City Council Minutes December 16, 1986 Page 10 on such a committee. The committee make-up would be 13 members; one m~mber at-large; one Council Member; two PUB members; one member from either the Chamber of Commerce or the Board of Realtors; one member from the University; one member from the League of Women Voters; three homeowners, one retired; an engineering firm representative; an apartment dweller, student if .possible; and a member from the Homebuilders Association. This was a suggestion as to the make-up to the Council. Council Member McAdams stated that she noticed that a position had been left open for someone from Texas Woman's University and wondered about having~ a representative from North Texas State University. Council Member Hopkins asked if the number of representatives could be increasea another person or take away the representative at-large so that both Universities were represented. Nelson replied that Doth Universities were represented originally but that the balance of the membership as looked at by the PUB was tn~t ~ University would have a diffe£ent perspective than that of a homeowner and thus only one university neede~ to me represented. Debra Drayovitch, City Attor~]ey, asked if the Council M~mDers had names submitted in their copy of the resolution. Mayor Stephens replied that the Council was only approving the concept with the names to De incldded with the recommendation by the PUB. Nelson stated that the names of the committee members would probably by submittea at the next Council meeting. Mayor Stephens stated that the Council was acting just to establish the committee. Drayovitch stated that the Council would not actually pass the resolution because the resolution names the appointees and at that time there were no names. Lloyd Harrell, City Manager, asked Nelson if the Board was looking for the Council to supply the names of the committee members. Nelson replied yes. Mayor Stephens asked how the Council was going to appoint the committee members. Did the Council want to approach the various organizations and ask them for a recommendation or appoint the members t~emselves. Consensus of the Council was that if there was an identifiable group, the group would be approached for several names and t~e Council would pick a member. The members would De picked in the following manner: the Council would pick the at-large member and the City Council member, the PUB already had picked their members, the Chamber would be asked for a representative, Council would pick the University member, League. of Women's Voters would be asked for 2 or 3 names that the Council could choose from, the Council would pick the homeowner's member, the retired homeowner, the engineering firm, apartment dweller and the Homebuilders Association would be asked to submit 2 or 3 names for consideration. Council Member Chew asked if the number of representatives could be raised from 13 to 15 to include a homeowner from each district. 422 City of Denton City Council Minutes December 16, 1986 Page 11 Mayor Stephens. agreed and stated that the other representative could come from the other University to help balance that out. He also asked if any other group had been overlooked. He asked about a small businessman to be included in the committee. Consensus was that the number of representatives would De raised from 13 to 15 with the additional representatives coming from a homeowner and a small businessman. G. The Council considered approval of a resolution no'minating the Mayor for appointment to a National League o~ Cities committee. The following resolution was considered: RESOLUTION WHEREAS, the City of Denton, Texas, is a member city of the National League of Cities; and W~EREAS, nominations for National League of Cities committee memberships are presently being accepted by the Texas Municipal League for its recommenaat~on to the National League of Cities; aha WHEREAS, the City Council wishes to nominate ~ayor Ray Stephens as a candidate for membership to the National League of Cities l?olicy Committee; an~ WHEREAS, Mayor ~ay Stephens, having held an electea office for at least one year and having previously served on Texas Municipal League's legislative policy committees, meets the Texas Municipal League's qualifications for recommendation as a candidate for the Policy Committee of the National League of Cities; and WHEREAS, Mayor Stephens would De an able proponent in representing the interests and values of the Texas Municipal League in considering and addressing federal and municipal policy issues as a National League of Cities Policy Committee member; NOW, THEREFORE, BE IT RESOLVED BY ?HE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Mayor Ray Stephens, having met all of the criteria for recommendation Dy the Texas Municipal League for appointment to the Policy Committee of the National League of Cities, is hereby nominated as a candidate for the Committee. SECTION II. That the City Secretary is hereby directed to forward a copy of this Resolution to the Texas Municipal League by January 1, 1987, for its consideration in ma~ing recommendations for candidates to the Policy Committee of the National League of Cities. SECTION III. That this resolution shall become effective immediately upon its passage and approval. 423 City of Denton City Council Minutes December 16, 1986 Page 12 PASSE9 .AND APPROVED this the 16th day of December, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Alexande~ motion, ~cAda~ns second to adopt t~'~e resolution. On coil call vote, ~cAdams "aye," Alexander "aye," Hopkins "aye," Aiford "aye," Riadlesperger "aye," Chew "aye," and Mayor Stephens "ale." Motion carried unanimously. H. The Council considered adoption of a £esolution amending a resolution adopted December 3, 1985 relating to the employment o~ the City Attorney. The following resolution was considered: R E S O L U T I O N WHEREAS, on December 3, 19~5, t~e City council adopted a resolution relating to the employment of Debra Adami Drayovitch as City Attorney for the City of Denton; and WHEREAS, the City Council is desirous of amending said Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEN'£ON, TEXAS: SECTION I. That Section II of the Resolution adopted December 3, 1985 is hereby amended to provide as follows: "Section II. The City Council agrees to pay Debra Adami Drayovitch for her services an annual base salary of $55,900 payaDle in installments at the same time as other employees of the City are paid and an automobile allowance of $200 per month; provided, however, the Council may from time to time adjust said salary after conducting the City Attorney' s annual performance review." SECTION II. That this resolution shall take effect January 1, 1987. 424 City of Denton City Council Minutes December 16, 1986 Page 13 PASSED AN.D. APPROVED this the 16th day of December, 1986 o RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH~ CIT~ ATTORNEY CITY OF DENTON, TEXAS BY: Ridalesperger motion, McAdams second to adopt the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. The Council considered an approval of an amendment to the employment agreement between the City of Denton and the City Manager increasing annual compensation to $74,800 effective January 1, 1987. Alexander ]notion, Hopkins second to approve the amendment. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "ayes" Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: 1~ The Service Awards Banquet for City employees would De held on January 23, 1987 from noon to 2:00 p.m. in the Silver Eagle Suite at North Texas State University. The Mayor would be making th opening remarks and Council Member Chew presenting the invocation. 2. A schedule of the EPA hearings had been passed out with a special note on the hearing on January 8 at 8:00 a.m. in the Council Chambers. 3. A memo from Buddy Cole had been given out indicating that Denton County would be asking in this session of the legislature to have a change in the sales tax law which would allow them to submit to the voters of the County if they desired, t~e proposition to increase the sales tax by 1/2~ and have a corresponding decrease in the property tax. Currently Denton County was prohibited from doing this because two cities within the County, Carrollton and Flower Mound, were served by DART. Staff did not see any harm in amending the law in this respect. Council Member Chew stated t~at he s~pported the County in this effort. No opposition was raised by the Council. Council Member Riddlesperger teft the meeting. 425 City of Denton City Council Minutes December 16, 1986 Page 14 8. New Business The following items were presented as new business: 1. Mayor Stephens stated that a resolution'was needed at the earliest possible moment appointing the monitoring committee, CIP '91. He also asked if the~ committee would monitor the March '85 street bond issue. The Council returned to Item #1 in the agenda order. 1. The Council received a presentation of the Sesquicentennial Denton Book. Mr. Frank Davila and Ms. Denise Spivey presented the Mayor with a copy of the Sesquicentennial Denton Book. The Mayor thanked Mr. Davila and Ms. Spivey for all the work that they had done. Mr. Frank Davila, representative of the Denton Sesquicentennial Committee, gave a brief summary report of the committee's activities during the year. He also thanked all those who helped with these activities. He then presented the Council with the Sesquicentennial Book and a few other mementos from the Sesquicentennial. 2. The Council received bids for the purchase of $500,000 City of Denton, Texas Certificates of ODligation, issue 1987. Lloyd Harrell, City Manager, introduced Mr. Frank Medanich of First Southwest who received the Dias. Medanich stated that he had four bids and asked if Mr. Harrell had any in his possession. Harrell replied no and asked Mr. Joan McGrane, Director of Finance, if he possessed any bids. McGrane replied no. Medanich opened the bids as follows: (1) Dean Witter Reynolds, Inc. with an effective interest rate of 7.112443, (2) First Southwest Company with an effective interest rate of 7.16, (3) Rauscher Pierce Refsnes, Inc. with an effective interest rate of 6.93055, and (4) Rotan Mosle with an effective interest rate of 6.9776. Item ~4J. was considered from the agenda order. 4. Ordinances J. The Council considered adoption of an ordinance authorizing the issuance of $500,000 City of Denton, Texas Certificates of Obligation, series 1987 and approving and authorizing instruments and procedures relating thereto. The following ordinance was presented: NO. 86-256 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1987, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO Frank Medanich stated that t~e bid from Rauscher Pierce Refsnes Inc. was the winning bid at 6.93055% net effective interest rate and suggested that the City accept t~e bid. Mr. Paul Horton also stated that the City should accept the Did and would provide the City with all necessary paperwork. 426 City of Denton City Council Minutes December 16, 1986 Page 15 Hopkins motion~ McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye t" Alford "aye", Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council reconvened into executive session to discuss legal matters, real estate, personnel, and board appointments. The Council reconvened into open session. ~I~ Item ~5D was considered. 5. Resolutions D. The Council considered approval of a resolution authorizing the Mayor to execute a Lease Agreement between the City of Denton, the County of Denton and Flow Regional Medical Center for the lease of Flow Memorial Hospital. The following ~resolutioa was considered: RESOLUTION WHEREAS, the City of Denton through its City Council and the County of Denton through its Commissioners Court, have given serious consideration to the present and future health care needs of the residents of the community served by Flow Memorial Hospital; and WHEREAS, the City and the County desire to assure the availability of health care for indigent county residents and the New Corporation is willing to provide suc~ cafe; and WHEREAS, the City and the County have requested a Blue 't:' Ribbon Committee to study the Hospital and its future; and WHEREAS, upon receipt of the report of the Blue Ribbon Committee, the City and the County have determined that significant changes are necessary to assure the future viability of the 'Hospital; and WHEREAS, the City and the County have determined that entering into a Lease Agreement with the New Corporation to lease assets of Flow Memorial Hospital is in the best interests of the residents of the County of Denton and the City of Denton; and WHEREAS, entry into such Lease Agreement is contingent upon the issuance by a court of competent jurisdiction of a final non-appealable declaratory judgment pursuant to TEX. REV. CIV.STAT.ANN art. 717m-2 (Vernon's Supp. 1986) upholding the legality and validity of such Lease Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That subject to the contingencies set forth above as ~,~ well as all conditions precedent set forth in the Agreement, . the Mayor is hereby authorized to execute the Lease Agreement between the City of Denton, the County of Denton, Flow Memorial Hospital Board of Directors and Flow Regional Medical Center, for the lease of the assets of Flow Memorial Hospital to Flow Regional Medical Center, in substantially the form as attached hereto and made a part hereof. SECTION II. That this resolution shall become effective immediately upon its passage and approval. 427 City of Denton City Council Minutes December 16, 1986 Page 16 PASSED AND APPROVED this the 16th day of December, 1986. RA~ STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Debra Drayovitch, City Attorney, stated "as noted in the paper and as presented to the Council via the new corporation's attorney, the seventh draft of the lease document between the parties to this transaction still nad several terms that were unacceptable to the new corporation to the extent that the City has been advised that the transaction would not go through unless the City and the County capitulated on these demands. There has been some discussions with members of the new board, new corporation and certain of the public officials and if we'll just go down the lease real quickly and talk about what it does. A primary purpose of the lease is to. satisfy concerns expressed ~y the Attorney General's Office when a declaratory judgment was filed in accordance with the provisions of the Asset Transfer Agreement. If the Council will recall, our attorneys advised us in February that the most legal way to handle this transaction was a lease agreement, however at that time it was not acceptable to certain of the other parties and ten months later we find ourselves here with a lease. The lease is drafted so that it reflects as much as possible the substitive agreements negotiated at Dy the parties over the course of four months last spring. To that end it is a forty-year lease that provides for a forty-year option that will allow the new hospital to have access to capital to construct new improvements to insure the continued viability of Flow. The lease now does contain provisions that allow the new corporation the right to construct other facilities in Denton County and remove anything that is not affixed to the real property to such facilities as long as it is returned to the City and the County and the Trust by the end of the lease. The course of negotiations with the Attorney General's Office also revealed that for forty years the trust has also been an owner of the hospital and this has caused certain other revisions to De made in the document to the extent that that trust does hold title to Flow Memorial Hospital as a co-owner. The proposed lessees and Flow did demand that the City and County delete lease obligations to carry malpractice insurance and certain other liability insurance in order to protect the corporation and the City and County. Today there was a compromise reached by the parties that will provide that Flow shall carry malpractice insurance and liability insurance and other types of insurance normally ~equired for an operation such as a hospital in amounts that ar.e reasonably and customarily carried by other hospitals of comparable size and providing comparable services. Thirdly, the lessees had demanded that the City and the County and the Trust could not terminate the lease even when Flow was in default of the lease provisions unless there were certain concessions made with respect to any debt issued by the lessee. The attorneys for the City and the County in response to this concern and because they truly desire and are 428 City of Denton City Council Minutes December 16t 1986 Page 17 desirous of th~s transaction being one that will allow the hospital to obtain financing so that it may continue to be a viable institution, have drafted language to protect the rights of a lender and to that end it would allow the lender to come in and operate the hospital if there was a default by Flow on the terms of any indebtedness that will be issued in the future. The lease was drafted to provide that the hospital would have the right to sublease portions of the existing Flow property for medical offices, a flower shop, gift shop, pharmacy, laundry, and other activities which Flow determines are supportive of and are not in competition with Flow. The parties have agreed to allow the hospital to sublease the entire facility without the prior written consent of the City, the County and the Trust so long as it is for these purposes, and the present document reflects that. There has also been discussion and negotiations with the requirement in the lease that a declaratory judgment De obtained prior to finalizing transfer of the property from the City and the County and the Trust to the new corporation. All parties have agreed, as best we know, that the declaratory judgment is a necessary proceeding in order to protect the rights of the City and the County and most especially the Trust and to assure that this action that's being taken by the City and the County and the Trust meets all legal requirements. The corporation is cognizant of the assay and has agreed that that requirement stay within the lease. The corporation nas also made a demand that $567,000 De paid by the City ann County prior to closing. The parties have agreed and the County Commissioners yesterday, and the City Council, I think, and if I've misstated, please advise, that this issue is a separate distinct issue from the lease provisions and should not De included in the lease. Representatives of the new corporation have agreed that that is a separate issue and should not be considered as part of the adoption of the lease. The lessees were desirous of deleting the language that provides in accordance with Senate Bill 1, that prior to ceasing to provide any of the services currently provided by Flow, that the consent of the lessors be obtained and the consent cannot unreasonable withheld. In the event that Flow determines that the City and County or the Trust are being unreasonable, the lease provides for arbitration, the results of which will be binding upon the parties. This language is designed to aid the County and the City in compliance with the statutory requirements and yet to provide as much maximum protection to the hospital as necessary because of the changing technology of the health care industry, which indeed is reflected in the lease documents. Finally, the parties have agreed to abate any obligation of the corporation to pay rent in the event of damage or destruction or forced measure. It is my understanding, and we'll go through the lease real quickly, that a motion to approve the lease, if one is made, will include language to instruct the City's attorneys to draft language that makes that not an open-ended abatement of rent with a 90-day limitation and such extensions as may De necessary in order to comply to the provisions of ~he lease. think that covers about all the substantive issues before the Council with respect to this lease. This lease was entered into and indeed in the spirit evidenced by the Blue Ribbon Committee in their many months of deliberation and concern into insuring t~e continued viability of Flow Memorial Hospital and the lease incorporates those ideals. I'll be pleased to respond to any questions." Council Member Alexander asked if a motion would be in order at this point. Mayor Stephens replied yes. Alexander motion, McAdams second that the resolution be adopted with the conditions described by the City Attorney. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 429 City of Denton City Council Minutes December 16, 1986 Page 18 Council Member McAdams stated: "I would just observe that the Council has b~n~ over backwards in an attempt to negotiate a lease that is fair and one that protects an asset that is owned by the citizens so that in the event or whatever in the future, that that asset would not have been simply squandered as it is, as we hold it in public trust and I think we have an obligation to try to insure that the citizens get the benefit of that facility, and that's what we've tried to do in this ordinance. You know I think the Council as a whole certainly believes very strongly in the need for a public hospital in Denton County and that's what we have endeavored to provide for. Council Member Alexander stated "I'd just like to comment that I think it's important that the people of Denton and Denton County realize that this has been a process that has been a long and difficult one, but that the City and the County, in my judgment and particularly since I have been associated with this program through the last several months, the City and the County have worked very constructively together to try to achieve the desired end. And I think it's important that people understand that there has been an essential agreement between the City and County now for several months and that we are now to the process of bringing this thing to conclusion and for that I'm very pleased, but I do think that's an important point to be made, that the political process between the two entities has been positive and that's it worked rather well in the process. Mayor Stephens stated : "%~ell this have been a, truly a spirit of cooperation between the City and the County as 3oint owners of the hospital. In seeking to find some means for this facility to remain a community-based hospital. There's been a motive, there's been a guide and because of t. hat I think that we have Dent over backwards to attempt to achieve some working agreement with the new board and as we've said before and certainly it is still true, because no one knows just what the outcome of this is going to be, it's a leap of faith. We just hope so much that it will work out because we want so desperately to have a viable community-based health care facility in Denton County, that we're willing to take this chance. We're assured that without this action, Flow Hospital would not exist as it currently does, so taking that on good word of those who gave it, then we hope this will ease that particular problem and Flow remain alive and healthy in the community. Councilman McAdams stated: "i just might add that I think that it's important for the public to understand that this is not the first lease of a public hospital of this nature and that there are leases that are far more restrictive than the one that we, that the County and the City has agreed to here, so that, that we have not in any way, I think, tied hands. We have jointly endeavored to provide a lease that provides some protection, while at the same time affording a Board the freedom to operate well and certainly this Board has a lot more freedom in its lease than does a couple of other hospitals that are currently operating an doing quite well with their lease agreements. Mayor Stephens stated: "I was just so pleased that the Denton County Commissioners' Court and the Denton City Council have been in close working arrangement and agreement for the last couple of years on this matter and I think that that's a major step. Once we get this behind us, let's see what other joint enterprises we can approach and conquer. Councilman Chew stated that he wanted to mention that Mr. Riddlesperger was absent and that he was sure that he would applaud this opportunity to vote for the hospital, he's worked so diligently on that. 430 City of Denton City Council Minutes December 16, 1986 Page 19 Council Member ~lexander stated that he was going to comment along the same lines and appreciated Councilman Chew making the comment, but that was .important that Jim be recognized as having played an active roll in this process from the beginning and knew he would have liked to have been here to cast this vote. E. The Council considered approval of a resolution establishing eligibility standards pursuant to the lease agreement between the City, County, and Flow Regional Medical Center. The following resolution was considered: RESOLUTION WHEREAS, the Lease Agreement among Flow Regional Medical Center, the County of Denton, Texas, the City of Denton, Texas and the Board of Directors of Flow Memorial Hospital requires the County of Denton and the City o~ Denton to advise the New Corporation of the initial eligiSility standards to be utilized in determining the value of services to be provided to indigent patients; and WHEREAS, Article 443Sf, Vernon's Annotated Texas Statutes, the Indigent Healt~ Care and Treatment Act, defines the responsibility of counties to provide health care services to indigent residents; and WHEREAS, said Article 4438f, V.A.T.S., also determines the persons who are eligible for health care assistance; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council pursuant to the aforementioned Lease Agreement, hereby advise that the initial eligibility standards to be utilized in determining the value of services to De provided to indigent patients are: 1) The standards established Dy the Texas Department of Human Services (DHS) pursuant to Section 1.06 of the Indigent Health Care and Treatment Act, Article 4438~, V.A.T.S. , as such eligibility standards may De changed from time to time. These standards are available from DHS or the County Auditor; 2) EXCEPT that residents who were eligible for assistance from Flow Memorial Hospital during the fiscal year ending September 30, 1984 shall De eligible for assistance if they continue to meet the eligibility standards that were in effect during the fiscal year ending September 30, 1984, the Hill-Burton category A standards for 1984, as attached. Section II. That the City Secretary is hereby directed to forward a copy of this Resolution to Mike Whitten, President of Flow Regional Medical Center Board of Directors. 431 City of Denton City Council Minutes December 16, 1986 Page 20 Section III. That the Resolution shall take effect and be in full force immediately upon its passage and approval. PASSED AND APPROVED THIS THE day of , 1986. RA~ STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, C£'fY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Debra Drayovitch, City Attorney, stated: "One of 'the provisions in the asset transfer agreement considered by the parties last spring and accordingly carried over into the lease agreement provides that the County and the City adopt eligibility standards operating for the hospital as a part of the consideration for the lease. The resolution that adopts standards is set forth in your packet. It is identical to the wording in that same document passed by the Commissioners in October, except to the degree that it reflects a lease agreement as opposed to asset transfer. It provides that standards will be as set by the indigent health care and treatment act, except for those people that were eligible for services from Flow in 1984, shall De eligible for assistance, if they continue to meet the same eligibility standards that were in operation in 1984. I'll De pleased to respond to any questions. Chew motion, Alford second to aQopt the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Lloyd Harrell, City Manager: "Mr. Mayor, Members of the Council, I think as most of you are aware, since we've talked about this subject from time to time in the past few week, the City did receive a communication from the hospital administrator asking us to make up the hospital deficit for the month of October in the amount of between $260-270,000. That request was given to the City in my understanding, from our talk with the hospital administrator a similar letter was sent to the County. The thought being that between the two' entities, that that particular deficit would De covered. In addition to that, following the receipt of the letter, the Finance Director and I did meet with the hospital administrator and during that conference, it was indicated to us that a deficit would also be experienced for the month of November and possible and quite likely one for December as well and that 432 City of Denton City Council Minutes December 16, 1986 Page 21 similar reque~t~ could De anticipated. And in fact part of this is now reflected in some of the demands made regarding the lease agreement which the City Attorney has referred to previously. The City Council has discussed this item from time to time and a response was made to the hospital administrator after conferring with the Council which basically, respectfully declined that particular overture on the part of the hospital at this time. Quite frankly because of some very seriously financial problems which the City is experiencing right now and those were outlined as the Council is aware, first being a shortfall that we're already seeing unfortunately in our sales tax revenue for this fiscal year, where after two payments so far, we're already down about $100,000 from where our budget anticipates we should be and that's something of very serious concern to us and something that we're monitoring very, very carefully. And quite frankly if that situation doesn't turn around in the next month or so with sales tax receipts, we're going to have to take some proactive stances to try to make sure that we come out of that budget problem. In addition to that sales tax shortfall, the City, unfortunately, also has some real financial liability regarding the proposed County rollback election. And if that rollback election does succeed, and in fact, the County proceeds with budget reductions along the lines that have been publicized, we will be hit very drastically in the areas of ~mergency medical services, our library, and to a lesser degree in the area of civil defense and a small degree in the area of animal control. All of that uncertainty also clouds the City's fiscal picture at this point in time and I think would make it highly irresponsible for us to make major allocations of unbudgeted funds. The final th~ng that we've mentioned, quite frankly, was still the uncertainty, as the Council is aware, regarding this whole area of indigent health care. The City has not budgeted funds for that obligation, per your direction, and I think everyone acknowledges that that still is a debatable point and the City, in fact, may, at some point in time, have an obligation, although certainly it is our position now, Council has so stated that you have none. But it's an uncertainty out there. So because of those three reasons, we pointed out with your direction, that we just simply could not respond positively to that particular request. We did in the letter sent to the hospital administrator note that there was outstanding 'indebtedness for the hospital in the amount of approximately $400,000. The hospital administrator had indicated that they were holding aside about that amount of money to try to pay off that bonded indebtedness at the time that this lease document became effective and the not-for-profit came into existence and started the actual operation. The City, per your guidance, indicated to the hospital, that as far as this body was concerned, you would De willing to lust let them make a pledge to let them continue principal and interest payment on those outstanding bonds, rather than coming up right of way with the entire $400,000. Which was an alternative I think eased their cash flow problems, while at the same time, not osligating us to funds to which really do not look like they're there unless were willing to take some fairly drastic action such as laying off some personnel and so forth. So that in summary Mr. Mayor, Members of the Council, was the letter that has been sent to the hospital, per your direction, and I think what we wanted to do was just summarize that letter, the rationale for it, an~ make sure that that did get on the record as the position taken by this Council at this point." Mayor Stephens: "I think it's been a long standing problem, bookkeeping at Flow, the collection of bad debts and t~e writing them off Dy what Riddlesperger calls a sick tax. And obviously that is improper management and must stop and we hope that it will and then I think that's part of the cause of t~e shortfalls that they've experienced." 433 City of Denton City Council Minutes December 16, 1986 Page 22 Councilman McAdams: "Well I would just point out that I think' that's it's i~ortant for the citizens to know that we are certainly sympathetic with the hospital, we cannot afford to take say a half million dollars or more that we don't have and bankrupt the City in trying to salvage that operation. The money just simply' is.not here, unless we sharply curtail services being presently provided by the City to its citizens, and I think that would certainly be breaking faith with them. It's much like a budget at home, when t~e money isn't there, it just simply is not there and we don't have it, without a substantial tax increase for the citizens. We won't have that kind of money to provide to Flow Hospital." Mayor Stephens: "Or as the manager said, substituting from somewhere else within the current reins of the budget." Councilman McAdams: "But that would mean curtailing, significantly curtailing services that we already provide." With no further ~usiness, the meeting was adjourned. 1763a 434 , ~--~--~ ~CITY COUNCIL MINUTES .... -" January 6, 1987 The int-o the Work Session at 5:30 p.m. in Lh~ " Civil PRESEbT: Mayor Stephens; Mayor Pro Tern Alford; Council Riddlesperger ABSENT: None 1. The Council held a discussion of a resolution regarding .intensity allocations (first-come, first-served). Jeff Meyer, Director of Planning, stated that Cecile Carson, Urban Planner, would relate some of the changes in the resolution and Bill ClaiDorn, Chairman of the Planning Zoning Commission, would also discuss some of the points of the resolution.. Cecile Carson, Urban Planner, stated that this was an attempt to eliminate the problem of first-come, first-served in the City of Denton. There was a criteria in 'the final report. If that criteria was not met, t-t?e developer would not oe allowed to over allocate intensity. If the criteria were met, then an over allocation would be allowed. Bill Claiborn, Chairman of the Planning and Zoning Commission, stated that: Judd Holt was a major contributor in the language of the resolution. He stated that he felt this proposal would serve well in future developments. Jeff Meyer, Director of Planning, stated that this was the second work session on this resolution and that it would be ready for a subsequent agenda and for Council approval. Council Member McAdams requested a sample of how this particular resolut±on would work. Council Member Hopkins asked if some of the major changes from an existing policy could be noted. Cecile Carson stated that most of these were new and that they would be reviewed on a case to case basis. ClaiDorn stated that this gave the staff a definite policy for the develope'r. Council Member Riddlesperger stated that ~'was glad to see the policy of first-come, first-served go by fhe way-side. 2. Th~ Council received a report on the Employee Lnvolvement Program. Paulette Owens-Holmes gave a presentation regarding the TEAM Program that was going to be initiated in the City of Denton. It provided effectiveness of positions, quality of service, and quality of work life-force. This particular program would take a select ~roup of individuals doing the same job or in a similar position that would meet regularly and would De trained in problem solving methods. The benefits of the program would be that it would improve employee morale, increase communica- tion, increase recognition of employees, ~urtner employee development, and increase job satisfaction. Holmes indicated that the Finance Department and the Par~s Department na~ already requested a pilot program. City Council Minutes January 6, 1987 Page 2 Council Member Alexander stated that he thought that some of the problems may be across divisions and that some of the team members may be needed to cross into different divisions. Holmes stated, yes, but that that would be done at a later date. 3. Item 3 was removed from the agenda by staff. 4. The Council received a report on the automated voting system by the City Council. Lloyd Harrell, City Manager, stated that a mock-up of an automated voting system had been placed up in the Council Chambers and suggested that the Council convene upstairs to view it. At that time the Council move~ upstairs to view the automated voting system. Mayor Stephens askea what was t~e purpose of the automated voting system. Council Member Hopkins replied that it would save time, would not require a roll call vote and it would be very clear as to how each council person nad voted. Consensus of the Council was no proceed with the board presented, as 5. The Council bela a discussion on a resolution appointing a citizens committee to provide input and assistance to consultants regarding the establishment of capital recovery fees. The item was discussed in Executive Session. 6. The Council convened into Executive Session to discuss legal matters, real estate, personnel and boara appointments. No official action was taken. The Council then convened into the regular meeting at 7:00 P.m. in the Council Chambers. - PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None 7:00 p.m. 1. Puolic Hearing. A. The Council held a public hearing on the petition of McDonnell Construction and Development requesting an amendment to part of a 39.5 acre planned development and approval of a detail plan, including a preliminary replat of the McDonnell Highlands Addition, Phase 1, Block C, D, aha E, for a 9.5 acre tract. This property was located south of McKinney Street, approximately 2,080 feet east of Mayhlll Road, and shown in the Morreau Forrest Survey 417. If the amendment was approved, the land use would De changed from two-family to single family with minimum 7,000 square foot lots. (Z-1846) The Mayor opened the public hearing. Brian Burke, Metroplex Engineering, spoke in favor of the City Council Minutes January 6, 1987 Page 3 petition. He stated that the change would De from duplex to SF-7. He said that they preferred SF-7 due to the current market situation. The developer felt that tais would be a more favorable situation than the duplex would allow. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was a down-zoning request. The staff was in favor of the request due to the increased lot size. Three reply forms were mailed and none were returned. 1. The Council considerea adoption of an ordinance approving an amendment to part of a 39.5 acre planned development and approval of a detailed plan for a ~.5 acre tract. The following ordinance was considered: NO. 87-001 AN ORDINANCE OF THE CItY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT CREAfED BY ORDINANCE NO. 26-16, fO PROVIDE FOR A CHA~GE IN USE FROM T%~O-FA~Y (2-F) TO SINGLE FAMIL~ (SF-7) D~ELLING USE FOR ~.5 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. ~26 (EAST MCKiNNEY STREET), APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING A DETAILED PLAN FOR THAT POR£ION OF £HE DISTRICT, I~ ACCORDANCE WI'£H CHANGE IN USE HEREIN MADE; PROVIDING FOR A PENALTf IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIO~S THEREOF; AND PROVIDING FOR AN EFFECTIVE DA%E. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexande£ "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "ale," and Mayor Stephens "aye." Motion carriea unanimously. 2. Consent Agenda Mayor Stephens stated that Item 2.A.2. had been removed from the agenda Dy staff. McAdams motion, Chew second to approve the Consent Agenda with the exception of Item 2.A.2. Motion carried unanimously. Consent Agenda A. Bids: 1. Bid ~ 9583 - City's participation ~it~ Wier and Associates for the Southern Hills Addition REMOVED 2. Bid ~ 9692 - Rental street construction BY COUNCIL equipment and operators 3. Bid ~ 9693 - Roll off refuse truck 4. Bzd ~ 9694 - 250 MCM unshielded cable aha accessories B. Plats and Replats: 1. Consider approval o~ preliminary plat of the Martin Luther King, Jr. Addition, Lot l, Block A. (The Planning and Zoning Commission recommends approval.) City Council Minutes 4 3 7 January 6, 1987 Page 4 2. Consider approval of preliminary and final replat of the Lone Star Townhome Addition, Lot 1R, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary replat of the Ponder Addition, Lot 10. (The Planning and Zoning Commission recommends approval.) 4. Consider approval of final replat of the McDonnell Highlands Addition, Phase I, Blocks C, D, and E. (The Planning and Zoning Commission recommends approval.). c. Contracts: 1. Consider approval of an addendum to the contract with American Management Systems to acquire extended purchasing, inventory, cost allocation and job costing software packages as subsystems to the ~inancial system known as LGFS. 3. Ordinances A. Consider adoption of in ordinance accepting the competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 87-002 AN ORDINANCE ACCEPTING COMPEfI£IVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Stephens asked how wide Mayhill Road would be after the proposed work was finished. Rick Svehla, Assistant City Manager;-stated that it would Oe 50 feet wide from pavement to pavement with all the acquired right-of-way. Alexander motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. Item 3.B. was removed by staff. C. Consider adoption of an ordinance approving an a~dendum to the contract of American Management Systems to acquire extended purchasing, inventory, cost allocation, and job costing software packages as suosystems to the financial system known as LGFS. Lloyd Harrell, City Manager, stated that this software package would De taken from the utility fund. It would help with the needs of the utility system. This software package was included in the adopted Dudget for 1986-87. The cost would be $90,000. $85,000 would be coming from the utility fund. The following ordinance was considered: 4 3 8 City Council Minutes January 6, 1987 Page 5 NO. 87-003 AN ORDINANCE APPROVING AMENDMENT NO. ONE TO THE PROPRIETARY SOFT~ARE TERM LICENSE AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DENTON AND AMERICAN MANAGEMENT SYSTEMS, INC.; APPROVING THE EXPENDITURE OF .FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdmas motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford ".aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens ~'aye." Motion carried unanimously. D. The Council considered adoption of an ordinance abandoning and vacating certain utility easements located within the Golden Triangle/Michael's Addition. Bob Nelson, Director of Utilities, stated that this was a utility/drainage easement abandonment near the present Target Store. A Michael's was being built there and the developer had changed the drainage system. The City was moving service into another easement. He stated that the Puolic Utilities Board and the Planning and Zoning Commission recommended approval. 2he following ordinance 4as consicered: NO. ~7-004 AN ORDINANCE ABANDONI'~,~G AND VACATING A C£RT~IN DRAINAG~ A£~D UT£LiI'Y EASEMENI' AS DESCRIBED H£REIN; AND DECLARING AN EFFEC£IV~ DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," aha Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized sewer main at the Capricorn Mobile Home Park. Bob Nelson, Director of Utilities~ stated that this was an oversized sewer main on the east side of 380. The present mobile home park was having health problems wltn its septic tank system. The Public Utilities Board was recommending approval for the project. Mayor Stephens asked if there were enough funds for this oversized work. Nelson replied, yes there were enough funds. Council Member Hopkins asked if the City, in the past, had not been willing to get involved in the Capricorn Mobile Home Park because there were severe proolems there. Nelson replied, yes, Out tha~ the owners now ha~ the money necessary to participate in the oversized agreement. Council Member Hopkins askeq if the mobile home park was within the city limits. Nelson replied, no. The following ordinance was considered: City Council Minutes 439 January 6, 1987 Page 6 NO. 87-005 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye, and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving contracts of Arthur Young to review, study, and make recommendations concerning adjustments to the Management/ Supervision pay plan. Lloyd Harrell, City Manager, stated that this study had been implemented into the budget aecision. He introduced Tom Klinck, Director of Personnel. Tom Klinck, Director of Personnel, stated that Arthur Young had had a positive previous track record with the City. He stated that this would De a 60-day stud~. Arthur foung would be studying approximately 54 3bbs ~ithin the City organization. Part of thei~ study ,{ould be to update 3o0 descriptions. The following ordinance ~as considered: NO. 87-006 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR YOUNG FOR THE CITY'S MANAGEMENT/ SUPERVISION PAY PLAN; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Ridalesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance prohibiting U-turns on Audra Lane with its intersection with McKinney Street. Lloyc Harrell, City Manager, stated that I~ems G, H, and I had come before the Council at a previous meeting and hag been approved at that meeting. The three were presented at the November 4, 1986 meeting and had penalty clauses associated with them. Because of the penalty clauses, the ordinance captions had to be published in t~e Denton Record-Chronicle within 10 days after passage. The Record-Chronicle did not publish the ordinance captions within the allotted time period and so it was necessary to bring these three ordinances baCk to the Council to have them acted on again. The following ordinance was considered: NO. 87-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U TURNS ON AUDRA LANE AT ITS INTERSECTION WITH MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye, Hopkins "aye, Alford "aye, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City Council Minutes January 6, 1987 Page 7 H. The Council considered adoption of 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 ~ 69-1, as amended, as said map applies to 690.8 acres of land, as is more particularly described herein; to provide for a change in zoning classification from agricultural "A" district classification and use designation to planned development "PD" district classification and use designation. The following ordinance was considered: NO. 87-008 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 Bf ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 690.8 ACRES OF LAND, AS iS MORE PARTICULARLY DESCRIBED HEREIN; ~O PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASS- IFICATION AND USE DESIGNATION, fO PLANNED DEVELOPMEN~ "PD" DISTRICT CLASSIFICATION USE DESIGNAffON; PROVIDING FOR A PENAL'i~y IN A MAXIMU~ AMOUN£ OF $1,000.00 FOR ¥IOLATIO£.~S THEREOF; AL~D PROVIDING FOR AN EFFECTIVE DAi'E. Riddlesperger motion, i4cAdams second to adopt the ordinance. On roll call rot.e, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Stephens "nay." Motion carrieG on a 6-1 vote. I. The Council considered adoption of 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 # 69-1 and as said map applies to approximately 23.642 acres of land located north of Edwards Road approximately 2,800 ~eet east of Mayaill Road, as is more particularly descrioed herein; to provide for a change in zoning classification an~ use designation from agricultural "A" district classification and use to single family "SF-7" classification and~se for said property. The following ordinance was considered: NO. 87-009 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 23.642 ACRES OF LAND LOCATED NORTH OF EDWARDS ROAD AND APPROXIMATELY 2,800 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICJLfURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Hopkins second to adopt the ordinance. On roll call vote, McAGams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye, ,. " Chew "aye, and Mayor Stephens "aye." Motion carried unanimously. City Council Minutes 4 4 1 January 6, 1987 Page 8 J. The Council considered adoption of an ordinance authorizing the execution of supplemental agreement number one to the monitor and research contract between the City of Denton, City of Dallas, and North Texas State University. Bob Nelson, Director of Utilities, stated that this agreement would be for the monitoring of Lake Ray Roberts. This was an amendment with some minor changes which required action, official The following ordinance was considered: NO. 87-010 AN ORDINANCE AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE MONITOR AND RESEARCH CONTRAC'i' BETWEEN THE CITY OF DENTON, CITY OF DALLAS AND NORTH TEXAS UNIVERSITY; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," an~ ~ayor Stephens "aye." Motion carried unanimously. 4. Resolutions. A. The Council co~]sidered approval of a resolution approving an interlocal agreement between the City of Denton and Denton County regarding Library services. Joella Orr, Director of Library, stated that this was a contract with the County for Library services. It was for the first quarter consisting of October, November, and December. Council Member McAdams asked if the services had been suspended by the County. Lloyd Harrell, City Manager, stated that the contract was for the first quarter payment. He was unclear after that for the second quarter. A discussion would De held at the next City Council session due to the impending rollback of County taxes The following resolution was considered: RESOLUTION NO. R87-001 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF DENTON FOR LIBRARY SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, McAdams second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution approving a water pipeline boring license for Golden Triangle - Mini-Mall water line from the Missouri-Kansas-Texas Railroad Company. Bob Nelson, Director of Utilities, stated that this line was out near Loop 288 and that the developer was willing to pay for the fee. 442 City Council Minutes January 6, 1987 Page 9 The following resolution was considered: RESOLUTION NO. R87-002 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PIPE LINE LICENSE AGREEMENT DATED DECEMBER 1, 1986 BETWEEN THE CITY OF DENTON AND MISSOURI-KANSAS-TEXAS RAILROAD COMPANY AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. fl. The Council considered approval of a resolution appointing a CIP '91 Committee to monitor, evaluate and report to the citizenry of the progress of construction and improvements approved Dy the 1986 bond election and the 1985 street bond election. The following resolution was considered: RESOLUTION NO. R87-003 A RESOLUTION CREATING AND APPOINTING THE CIP '91 COMMIr£EE; AND PROVIDING AN EFFECTIfE DATE. Chew motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayoc Stephens "aye." Motion carried unanimously. D. Council considered approval of a resolution establishing and giving a charge to the Citizens' Task Force on beautification efforts in the City of Denton. The following resolution was considered: RESOLUTION NO. R87-004 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING --A BLUE RIBBON CITIZEN'S TASK FORCE FO~ BEAUTIFICATION OF MAJOR Cf'FY ENTRANCES AND OTHER CITY BEAUTIFICATION EFFORTS; AND PROVIDING AN EFFEC£IVE DATE. Alexander motion, McAdams second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Miscellaneous matters from the City Manager. A. Lloyd Harrell stated that effective this week, Charlotte Allen, City Secretary, was resigning from her position. He stated that Jennifer Walters would De Acting City Secretary, effective January 9, 1987. He asked the Council to 'endorse Mrs. Walters as Acting City Secretary. Alexander motion, McAdams second to approve Walters as Acting City Secretary. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 443 City Council Minutes January 6, 1987 Page 10 6. New business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Riddlesperger asked for an update on an ordinance regarding parking of vehicles on front lawns. B. Mayor Stephens asked about an update on the tree ordinance. C. Mayor Stephens aske~ if a liaison was needed in the corridor of Mayhill Road and Loop 288. D. Mayor Stephens asked about the mobile home ordinance, if it would be adjusted to the rules of the State, if the City agreed to those rules. 7. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 8. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and boa£o appointments. No official action was taken. With no further business, the meeting was adjourned. CITY~DF DENTON, TEXAS 1511~ 444 CITY COUNCIL MINUTES January 20, 1987 The Council convened into the work session at 5:30 p.m. in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. ']3he Council received an audit report by Deloitte Haskins and Sells. Lloyd Harrell, City Manager, introduced Ken Staples of Deloitte Haskins and Sells. Mr. Staples informed the Council that he had brought two other people who were involved with the study, George Scott and Amy Susquin. Staples reported that four reports had gone out to the Council regarding the audit report. The first was a comprehensive annual financial report. That report stated that the financial condition o~ the City was good. He statea that the auditors had received excel- lent cooperation from the staff and from the City aha that no restrictions were met on anything that they had asked for. Lloyd Harrell, City ~.~anager, stated that management ~as pleased to see an audit of this kind. It reflected very favorably on the Finance Department. Mayor Stephens asked how previous audits compared to this current situation and asked where there had been progress made and what areas needed some concentration. Staples stated that the funds had increased, that some revenues were down, and some sources had not increased as much as before. Another report dealt with the internal accounting controls of the City. Staples stated that there were no weaknesses in this area. He said there were six to eight general categories in the report dealing with accounting procedures, cash receipts, and adopting a sound investment procedure. This portion of the report also suggested that the Finance ~epartment considg~ opening a position of internal auditor and a position of budget officer in order to facilitate internal controls. He also stated that Data Processing needed to plan ahead further with ~etter coordination between the other departments. Council Member Chew asked if the internal auditor and budget officer could be the same person. Staples replied it would be feasible for one person to do Doth ~obs, but the position would have to be checked for conflict of interest. Council Member Alexander asked for a definition of an investment policy. Staples answered that his definition of investment policy was what the City would invest in and that the City should look at closer investment policies/procedures. Staples then went on to the third portion of the audit which was a single audit report. This report dealt with the Federal and State assistance schedule. It also dealt with compliance with the Federal laws and regulations, and the internal accounting controls. This report stated that there were no material weaknesses in the City in t~is area. 445 City of Denton City Council Minutes January 20, 1987 Page 2 Council Member Chew stated that the area that the City did have problems with was in meeting some date deadlines and that there were no major problems in this area. Amy Susquin, Deloitte Haskins and Sells, gave the fourth portion of the report dealing with reporting procedures. Her recommendations included a need to update the strategic plan, standardizing policies and procedures in all departments, and a project costing system for utilities. Council Member Hopkins asked if the AMS system would generate better totals. Susquin replied that they were creating a data file for that now to allow for specific accounts to De printed. The AMS director was currently creating a file for this information. Mayor Stephens asked if there was no projected cost reported for utilities for maintenance. ~ John McGrane, Director of Finance, s~ate~ that this was tae total completion of the project. AMS Software nad been purchased ann that it would ~e approximately ten to twelve months before it was reaay for use. 2. The Council received a report on a state imp!ementatioa .plan to control ozone in Denton County. Lloyd Harrell, City Hanager, stated that on February 11 at a.m., the Texas Air Control Board will be holming a meeting in Denton. me urged the City to formulate a formal program dealing with ozone in Denton County. Denise Spivey, Urban Planner, reported that the EPA nad called for revisions to reduce the ozone level in Denton County. The EPA stated that the commuter traffic from Denton to Dallas should be part of the solution as the commuter traffic was helping to contribute to the higher ozone levels. Jonn Thomas, Council of Governments, stated that the ozone levels were increasing an~ that at times, some people were having trouble breathing. He stated that the EPA- wanted to reduce these ozone levels. Harrell expressed concern that zndustry may me less likely to come to Denton if the City had very stringent ozone controls. He stated that some industries might have emissions that would not meet the standards which would be a disadvantage to Denton. Thomas stated that if Denton were incorporatem into one large region with Dallas and Ft. Worth, the problem would be solved completely. Denton could trade emissions with industry in the south part of Dallas County. If it were not one region, a case by case analysis would be done by the EPA. He stated that new controls were coming, but that ne did not know what they were at this time. 3. The Council received a report on the 911 emergency telephone system. Council Member Alexander, 911 County Chairman, introduced Jim Killman from GTE to present the report. Alexander stated that the County was trying to move toward a referendum to approve the 911 system. Killman presented a slide presentation regarding the 911 system and stated that citizens needed to vote on this item. The slide presentation demonstrated the positive aspects of the 911 system. Council Member Hopkins inquired about the cost of the system. 446 City of Denton City Council Minutes January 20, 1987 Page 3 Killman replied that it would be approximately 27~ per month. Council Member Alexander stated that the referendum woula authorize the district to impose a tariff on the phone system. Businesses would be charged approximately 70~ per business line. Residencies would be charged approximately 27~ per business line. Alexander stated that when there were enough funds in the system, it would be implemented and not until there was enough money. He stated that there would be possibly five areas in Denton County that would have the 911 terminals. At this point in time, the proposed sites woula be the County Sheriff's Office, the Denton City Police Department, and the cities of Carrollton, Flower Mound and Lewisville would also have a terminal. This 911 system would provide 24 hour 7 day a week coverage. Alexander stated that one of the criteria for having a terminal would be the 24 hour 7 day a week coverage for the citizens of Denton County. Killman stazed that a call could not De lost in this system. A paper copy was also printed so that even if the system were transferred to another department, the call would not De lost. 4. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments No official action ,~as taken. · The Council 5hen convened into the regular ~ee~ing at 1:00 p.m in t~]e Council Chambers. · PRES~N?: Mayor Stephens; Mayor Pro 'tern Allots; Council Members AlexanGer, Chew, Hopkins, McAdams, an~ Ridolesperger ABSENT: None Item 5.A wats moved ahead in the agenda. 5. Resolutions A. The Council considered adoption of a resolution in appreciation of Charlotte Allen. The following resolution was considered: RESOLUTION IN APPRECIATION OF "CHARLOTTE ALLEN" ~HEREAS, the City of Denton is losing one of its most valued employees, Charlotte Allen, who began her employment with the City on September 11, 1980 as Administrative Secretary to the City Manager and was appointed City Secretary on February l, 1982; and WHEREAS, Charlotte Allen ~as exhiOite~ outstanding expertise, and has de~icate~ muc~ of he£ time and effort in assisting the citizens of Denton; aha WHEREAS, in adaition to her rule as City Secretary, Charlotte is the mother of three wonderful sons: John, David ano Clint, Clint being exposed to the trials anG trzbulations of a Czty Secretary on his third day in this world, when the City Manager's Office staff took work to Charlotte while she was recuperatzng from Clint's birth; and WHEREAS, since 1982, Charlotte has assisted and serveG every Council member of the City of Denton and her reputation is such that Council members anG sta£f of other cities call upon net from time to time for advice as well; and WHEREAS, Charlotte's sense of humor is well-Known throughout City Hall, a requisite trait to holding eight elections and preparing some four hundred and fifty City Council agendas; and 447 City of Denton City Council Minutes January 20, 1987 Page 4 WHEREAS, Charlotte Allen has always served above and beyond the mere efficient discharge of her duties and has earned the full respect and admiration o~ the Council, staff, ana boaras and commissions; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the Council of the City of Denton, acting on behalf of the citizens and staff, wishes to acknowledge with grateful appre- ciation the services of Charlotte Allen, and the devotion she has given to the City of Denton, and order that this Resolution be made a part of the official minutes of the City, and that a copy be presented to her as an expression of our sincere appreciation. PASSED AND APPROVED this the 20th day of January, 1987. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS JOE G. ALFORO, MAYOR PRO~E~] MARK R. CHEW, COUNCIL MEMBER J. W. RIDDLESPERGER, COUNCIL MEMBER JANE HOPKINS, COdNCIL MEMBER JIM R. ALEXANDER, COUNCIL MEMBER LINNIE MCADAMS, COUNCIL MEMBER A'rTEST: -- _APPROVED AS 'fO LEGAL FORM: JENNIFER WALTERS DEBRA ADAMI DRAYOVI~CH ACTING CITY SECRETARY CIT~ ATTORNEY Mayor Stephens presented the resolution to Charlotte Allen, former City Secretary, with appreciation o~ her years of employ- ment with the City. He statea that the City was going to m~ss her and wished her well. McAdams motion, Hopkins secon~ to adopt the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alform "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. 1. The Council considered approval of the minutes of the speczai callem meeting of December 16, 1986. McAdams motion, Hopkins second to approve the minutes. The motion ca£rzed unanimously. 448 City of Denton City Council Minutes January 2:0, 1987 Page 5 2. Public hearing. A. The Council held a public hearing on the petition of Bal-Moody Investments requesting a change in zoning from multi- family (MF-1) to planned development (PD) and approval of a detailea plan. The 0.209 acre tract was located at the southeast corner of Scripture and Fry streets and was ShOwn in the E. Puchalski Survey, Abstract 996. If approved, the planned development would allow medical office land use. The Mayor opened the public hearing. Mr. Jay Ballentine spoke in favor of the petition. Bal-Moody had purchased the property with intentions to renovate the structure into medical office use. After studying the existing market in the area, they felt there was a strong need for this type of use. Richard Harris spoke in favor of the petition. He felt that the petition would be an improvement to structure. Lee Graham spoke in favor of the petition. He stated t~]at he was representing the heirs that owned the property and that all of the heirs were in £avo~ ok the change. No one spoke in opposition. The Mayoc closea the puD±lc hearing. Cecile Carson, grban Planner, state~ that the proposal was locatem within a ][ow intensity area that was currently over ~ne s~an~arm. The surrounding property in the area was predominate±y multi-family to the south, and to the north was zoned office. £ne pianneG development, if approved, would permi~ a memical office to De con- structed within the existing structure. The outside of the builGing would remain the same and only the interior use woula change from a single family residence to an office type use. The staff recom- mended approval of this proposal to the Planning and Zoning Commission,. who unanimously recommena it to the City Council. There were 15 reply forms mailed, four were returned in favor and one in opposition. The following ordinance was presented: NO. 87-011 A~' ORDINANCE AMENDING THE ZONING MAY OF THE CIiY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CIi'Y OF DENTON, TSXAS, BY ORDINAmC£ NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES 'i'O .209 ACRES OF LAND LOCATED AT THE SOUTHEAS%~ CORNER OF SCRIPTUR£ AND FR~ STREETS, AS IS MORE PARTICULARLY DESCRIBED HEREIN; fO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FRO£.~ MULTI-FAMILY (MF-1) DISTRIC'£ CLASSiFICATiON AND USE DESIGNATION, TO PLANNED DEVELOPMENT (PD) DISTRiC'£ CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPMOVAL OF A DETAILED PLAN FOR SAID DIS%'RIC'£; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIO£~S THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes January 20, 1987 Page 6 3. Consent Agenda. McAdams motion, Alexander second to approve the Consent Agenda. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. Bid #9682 - Consultation and chemical water treatment (power plant) 2. Bid #9695 - Self Leading Scraper 3. Bid #9696 - Wire and Cable 4. Bid #9697 - Refuse Containers 30 YD 5. Bid #9698 - Streetlights 6. P.O. #76753 - I.B.M. for hardware ($20,0~0) 7. P.O. ~77032 - Trans-Tex Supply for $12,640.00 B. Change Order: 1. Change Order ~3 to Atkins Brothers Equipment Co. for Stuart/Pershing paving and drainage in the amount of $43,500.00 C. Plats and Replats 1. Consider approval of preliminary plat of the Denton Pilgrim Addition, Lot 1, Block A. 2. Consider approval of preliminary plat of the Whitney Park Addition, Phases I and II. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 87-012 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," " and Mayor Stephens "aye " Riddlesperger "aye," Chew "aye, . Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. 450 City of Denton City Council Minutes January 20, 1987 Page 7 The following ordinance was presented: NO. 87-013 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FJNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Cl. The Council considerea adoption of an ordinance approving Change Oraer #3, Bid #9609 - Stuart-Pershing Pavinc and Drainage. Lloyd Harrell, City Manager, stated that item C and D were tems that were on the consent agenda, referring to purchase orders. The following ordinance was presented: NO. ~7-014 AN ORDINANCE AUTHORiZ£NG THE EXECUTION OF A CHANGE ORDER TO A CONTRAC~ BETWEEN THE C£Tf OF DENTON AND ATKINS BROTHERS EQUIPMENT COMPANY; AND PROVIDING AN EFFECTIVE DA'~E. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Al~ord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an orainance approving P.O. #76753 to I.B.M. for hardware. Lloyd Harrell, City Manager, stated that this was the same condition as item C. The following ordinance was presented: NO. 87-015 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR CERTAIN EXEMPTED PROCUREMENT PURSUANT 'fO ARTICLE 2368a, V.A.C.S.; AND PROVIDING FOR AN EFFECTIVE DA'rE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexanaer "aye," Hopkins "aye," AlforG "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance designating and establishing a school safety speed zone around the Robert E. Lee Elementary School. Rick Svehla, Assistant City Manager stated that the school was located at the intersection of Paisley and Mack Drive. In the past month or two, Summerw~nd Subdivision was approved which included Mack Drive and that opening required the establishment of a school safety zone. 451 City of Denton City Council Minutes January 20, 1987 Page 8 The following orainance was presented: NO. 87-016 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PAISLEY DRIVE FROM A POINT APPROXIMATELY 200 FEET WEST OF ITS INTERSECTION WITH MACK DRIVE TO A POINT 130 FEET EAST OF MACK DRIVE; AND ON MACK DRIVE FROM THE SOUTHERN CURB LINE OF ITS INTERSECTION WITH LEE DRIVE '90 THE SOUTHERN CURB LINE OF DOUBLE OAK STREET AT ITS INTERSECTION WITH MACK DRIVE; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FROM THIRTY (30) TO TWENT~ (20) MILES PER HOUR; PROVIDING A PENALTY OF A FI~E NOT TO EXCEED T~O HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Alford motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexanaer "aye," Hopkins "aye," Ai[or~ "ase," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council consicerea approval o~ a resolution for intensity allocation (first come, first serve~). The following resolution v]as presente~: RESOLgTION NO. R87-005 A RESOLg~ZON AMENDING THE DENTON DEVELOPMENT GUIDE, 1985, AS AMENDED, BY ADOPTING A GENERAL PLANNING POLICY, TO BE APPLIED TO LAND USE DECISIONS, THAT PROVIDES FOR THE ALLOCATION OF VEHICULAR TRIP G~NERATION INTENSITIES FOR PLANNING AREAS; AND PROVIDING FOR AN EFFECTIVE DA9E. Lloyd Harrell, City Manager, stated that this item was discussed at length with the City Council at the last work session. Council McAdams asked for an explanation of the example in the backup. Cecile Carson, Urban Planner, stated treat the example was an analysis of a 75-acre planned development that was approved last year at the northeast corner ok 1-35 and Payne Drive. It was a mixed use planned development an~ upon review, staff had done a step by step review of a zoning case where there was a question of an intensity matter. Everyone would be guaranteed the minimum amount that's alloweo within the intensity area. Alexander motion, Riddlesperger second to approve the resolution. On roll call vote, McAaams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Rid~lesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanzmously. B. This item was advanced in the agenda order. C. The Council considered approval of a resolution authorizing the Mayor to sign a contract with Port - A - Port. The following resolution was presented: RESOLUTION NO. R87-006 A RESOLUTION LEASING PROPERTY AT THE DENTON MUNICIPAL AIRPORT TO PORT-A-PORT; AND PROVIDING FOR AN EFFECTIVE DATE. 5 ~ City of Denton City Council Minutes ? January 20, 1987 Page 9 Rick Svehla, Assistant City Manager, stated that this was a different type of lease and would review it for the Council. This firm was proposing to lease from the City approximately three and a half acres in two pieces. They would lease the land, construct slabs and driveways to the taxiways and then sell those buildings to prospective buyers for their airplanes. The lease was different in the fact that after 25 years the City did not get the builaings back because private citizens owned them. Council R~ember Hopkins asked if this type arrangement had been done at other airports. Svehla replied yes. The City had based portions of the lease on other leases that were in existence at other airports. The only real difference in the lease was that the City did not get the buildings back. Debra Drayovitch, City Attorney, stated that the lease was very clear in stating that the City had the right to terminate if Port - A - Port did not keep their conditions of the lease. The Airport Board voted unani- mously to include a provision that insurance requirements woul~ be reviewed annually aha aepen~ing on the current usage of the property and the state of the industry, the City's Risk Manager woul~ have the authority to a~just that coverage, an~ ~ne lessee must comply. Council ~emoer ~cAaams aSKe~ it all ~e te~ms ~na~ tile lease bad been defined so as not no leave any loose ends. Drayovitch answered tI~at to the best of net staff's ability, a£1 che terms had been Gefined. Some provisio~s had been adGeG and these had been approved Dy the lessee. Council Member Hopkins asked if payment of taxes was incluaed in those terms. Drayovitch answered that payment o~ taxes, payment o~ utilities and allowing access to the hangers for code inspections were terms that had been a~de~. Svehla stated that staff was very particular in paying attention to those details. - McAdams motion, Alford second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of a resolution authorizing a committee to assist the PUblic Utilities Board and the City Council in their consideration o~ capital recovery fees. The following resolution was considered: RESOLUTION NO. R87-007 A RESOLUTION CREATING AND APPOINTING THE CAPITAL RECOVERY FEES CITIZENS' COMMI'fTEE; AND PROVIDING AN EFFECTIVE DA%E. Mayor Stephens presented the list of members that the Council considered. He stated that the Council tried to have a balanced committee to look at capital recovery fees. The following people were presented: 453 City of Denton City Council Minutes January 20, 1987 Page 10 Mr. Bennie Snider Mr. Bob Bland Mrs. Jane Hopkins Mr. Roland Laney Mr. Edward Coomes Mrs. Ann Houston Dr. Jack Davis Mr. Robert Collier Dr. Marilyn Smith Mr. Richard Gore Mr. Ralph Flesher Ms. Evelyn Black Ms. Juanita Milam Mr. Brian Burke Mr. Doyle Chrisman Mr. Jack Delaporte Mr. Laddie Mulkey Mr. Richard Salazar Mr. Tom Harpool, Chairman Alford motion, McAdams second to approve the resolution. On roil call vote, [~cA~ams "aye," Alexander "aye," Hopkins "aye," Alfora "aye," Riddlespe£ger "aye," Chew "aye," and Mayor Stephens "aye." Hotion carried unanimously. Mayor Stephens askea if Bob Ne±son wouia De the staff liaison and ;¢hen the meetings wou!a begin. Harrell replied that Nelson woula be the stall liaison and that meetings would start at any time. Nelson replied that the first meeting would p£ooaOif De in one week or SO. E. The Council consiQered a resolution aaopting one personnel policf: 108.03 Use of smoke and smokeless tobacco The following resolution was considered: _ RESOLUTION NO. R87-008 A RESOLUTION ADOPTING POLI~Y NO. 108.03 "USE OF SMOKING AND SMOKELESS '~OBACCO"; AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that much discussion ha~ been held regarding this matter. He was pleased with the work taat had been done in the steering committee and felt that the policy was Zair to both the smoker and the non-smoker. T~]e policy endorsed the previous ordinance that the Council passed and clearly pointed out smoking and non-smoking areas. I~ an area were to remain a smoking area, the smoker would have to get the unanimous approval of the people around him. The policy put the burden on the employee and left some middle ground, provided consideration was shown for others. Council Member Riddlesperger complimented Paulette Owens-Holmes and the committee for doing an excellent job. He felt that this was a step forward as was the first ordinance toward the ideal smokless America. a Council MemOer McA~ams stated the the Council needed to recognize the right of smokers to smoke. She was pothered Dy the restriction of the policy stating that a smoker had to get the concurrence of the non-smoker. She felt that a non-smoker, Dy his very presence could eliminate smoking all together by oO3ecting to the smoking. She felt that it might adversely affect current employees who were hired before this policy. It WOUl~ be fair to give them a place to smoke where others could not object. The unanimous consent of the people in the area to smoking was very burdensome. While it would De hoped that everyone woul~ be fair about this rule, experience taught that that was not always the case. 454 City of Denton City Council MinuS.es January 20, 1987 Page 11 Harrell replied that that part:.cular concern was recognized. He felt that there were enough alternative places to smoke if an employee could not smoke in his work place. He stated that it was difficult to find a space that was always a smoking area. McAdams stated that that particular portion of the policy would De hard for employees already on b)ard and while it may seem easy to say they should quit smoking, i~l reality, it was a very difficult task. She felt that there ShoLld be one place for smokers to ce aole to slno~e without penalty. Rlddlespe£ger stated that the s~Dker had the burden to keep others from getting his smoke second-han~. Harrell statem that the employee committee was made up o~ both smokers and non-smokers. The reaction and feedback from the smokers was that there was enough flexibility provided in the policy for smoking. Paulette Ownes-Holmes stated rna this policy would raise the con- sciousaess level of the smoker arq raise the assertive level of the non-smoker. She state~ that it w~s hoped that the policy would nave employees wor~ing together, both non-smokers and smokers '~' = emphasis in the training sessions on tn~s policy .~ou±m be rna~ shoulQ be a designated a~ea for smoking but that if an a~ea not be worked out, then the pte~=~=~= o~ t~e prevail. ~ ........ non-smoker ~l~A~ams s~:ateu that tae goo~ ~l±l o~ the people wogla non because there ~vould always ce on~ or two people who wo~ld corgplaiq. A designated area for smoking ~ould De ali righ~ out not [or non-smokers to have total control Council Hemoer Alexander state< t~at smoking was not only an inconvenience but also a public .]ealth problem, especially second- hand. Based on the public health problems presented, the burden proof and the burden of the problem shifted to the smoker. He felt that the policy was a good one. Mayor Stephens state~ that it w.is not a health matter that the Council was looking at, it was designated areas versus non- designated areas. He asKea it it wou±d De possible to ~esignate a definite area for smoking that co~ id not be changed by the wishes of a non-smoker. McAdams stated that this was a rig t to choose issue. Council Member Hopkins stated tha: this was going to pit employee against employee. A lot o~ time w.)uld be wasted looking for a place to smoke. Council Member Chew suggested dele:lng Section B-2. He staten that Section B-1 would take care of the problem. He felt that smokers needed a designated area to smo~e. Council Member Riddlesperger stated that he understood that the employees had worked this policy blt among themselves. He felt that there had been a gradual compliance to the smoking policy and that gradually people were beginning to accept the policy. He felt that more merchants, grocery owners and restaurant owners ~ere oe9innlng to comply with the ordinance. Mayor Pro Tem Alford askea how many people serve~ on the committee. Holmes replied that there were ight members on the Executive Committee and that the policy also went to the Steering Committee. Before the policy reached the Steel Lng Committee, it went through a number task force committees w~tn approximately eight to ten members from various departments in the C ty. She continuea that it was very important that this policy ha been out for employee comments three times and each time it ha~ oe~ revised. City of Denton City Council Minutes January 20, 1987 Page 12 Alford stated that he saw the policy as a problem but that if it had been through the above channels, then he would support the policy as presented. Holmes stated that if necessary, the policy could be revised in the future through Item #4 - The Problem Solving Process. Alexander stressed that this policy had Peen developed through the internal process of the City and that the Council should not meddle with the process already done. He suggested that the Council designate that this policy be very closely monitored and review the policy in six months. Harrell stated that the policy was a compromise and that compromises could work. He supported Council Member Alexander's suggestion to review the policy in six months on how it was working. He stated that it would be made clear to the City supervisors that no smoker would be harassed about his smoking and that they would be accommodated. Riddlesperger motion, Chew second to approve the resolution as presented with staff submitting a review of the policy to Council in six months. On roll call vote, McAdams "no," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "no." Motion passed on a 5-2 vote. 6. The Council considered miscellaneous matters from the Cit~ Manager. Lloyd Harrell, City Manager, presented the following items: A. The TML Quarterly Meeting would be held Thursday evening. A van would be supplied for the Council. B. The TML Legislative Briefing would be held February 2, 1987. Harrell asked any Council Member interested in attending to contact Mrs. Walters for arrangements. C. Harrell reminded the Council about the upcoming Employee Service Awards Luncheon. D. Harrell reported that he along with Council Member Alexander and Bob Nelson had met with representatives from NTSU and TWU regarding their co-generation plans. A further report would be presented to Council at the next meeting. E. The final report on the bond rating was not in yet. John McGrane was expecting the report in the morning. 7. New Business A. Mayor Stephens presented to Council a calendar that he had proposed for upcoming Council events. B. Stephens also presented a letter of support for Family Service of Denton County. If it was the consensus of the Council, a letter of support would be sent to Flow Hospital for Family Service _ to provide services under the H.M.O. arrangements. Chew motion, McAdams seconded to send a letter of support to Flow Hospital in support of Family Service of Denton County. Motion carried unanimously. 8. The Council held a discussion to consider the appointment of members to the Beautification Task Force. This item was discussed in Executive Session. 456 City of Denton City Council Minutes January 20, 1987 Page 13 9. The Council held a discussion regarding job specifications for the City Secretary position. This item was discussed in Executive Session. 10. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 11. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further business, the meeting was adjourned. City o~/Denton, Texas Je~i fe~ ~alters -- Actki~ng City Secretary City of Denton, Texas 2093g 457 CITY OF DENTON CITY COUNCIL MINUTES January 27, 1987 The Council convened into the work session at 5:30 p m in the Civil Defense Room. · · PRESENT: Mayor Stephens; Mayor Pro ~em Alford; Council Memoers Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. The Council received an update on the Council goal of intergovernmental relations. Lloyd Harrell, City Manager, presented a work plan regaraing inter- governmental relations. He stated that the report was divided into two sections. The first section dealt with what was currently happening with intergovernmental relations. The second part aealt with new items that were going to oe incorporated with inter- governmental relations. Harrell highlighted some of the items that were included on the work plan. These items were: 1) The City Manager would hold regular meetings with 0udge Vic Burgess and the County Commissioners; 2) A firearm t~aining range would be considered near the ~irport; 3) A radio trunking system was being investigated. Rick Svehla, Assistant City Manager, stated that this woui~ be a new radio system. Tile current system ~id not allow different depart- ments to share frequencies. The Fire Department, Public ~'~orks, Police Department and the Utility Department all had separate systems. He stated that the current system allowed interference to occur which ~o~ld limit conversations. It would possibly even disrupt an emergency. Separate departments coula not talk with each other. Svehla stated ~hat trunking allowed a split in different areas from the regular system. He stated that the frequencies could De switched so that different groups or departments could talk with each other. The system would allow g£owtn in the frequencies an~ would allow for an overload. He also stated taat other agencies such as North Texas, other cities an~ other law enforcement agencies could be included in this trunking system. He stated that if the City stayed with a conventional system, zt would only be able to a~ more frequencies o-r would have to split departments. Harrell stated that another goal that was include~ in the inter- government relations goal was semiannual meetings with the school board. He also stated that the work plan suggested reactivating the Denton County Cities Association and staff orientation between County and City personnel. Harrell stated another goal in t~is work plan was to have monthly meetings with representatives from North Texas State University an~ Texas Women's University. Council Member Alexander stated that this was a very important and impressive list the City Manager had presented. Mayor Stephens commented that the work plan seemed to be on the right track. Harrell stated that John McGrane, Directed of Finance, would present the report on financing capital improvements. McGrane presented the work plan regarding capital improvements an~ pointed out the major points that were presented in the work plan. 2. The Council held a discussion of various utility customer service policies and propose changes. John McGrane, Director o~ Finance, stated that a formal ordinance regarding these customer service policies would probably De presented to the Council at the second meetzng in February. He stated that the Customer Service Department was formalizing policies that before t~is had not been set down as a rule. 458 City of Denton City Council Minutes Meeting of January 27, 1987 Page 2 He stated that the collections procedure was being changed. Currently after service had been used, a bill was sent approximately 30 days later. At the present time it took 50-6u days in order to terminate service when payment had not been made. He stated that the new procedures would streamline this and would cut down the time when notices could be sent out. He stated that the PUC regulation was that service could not be cut in less than 26 days which changed when the notices could be sent out. Council Member Chew ask about hardship cases. McGrane replied that there were several procedures currently being used for hardship cases. ~£'hese included a six month contract, a Plus-l-Program, and the Utility Account Review Board. This board would examine the history of the case, the hardship involved and could extend the amount of time in which to pay out the Dill up to a period of 12 months. Council Member Chew asked if these procedures were already in order. McGrane replied yes. Council Member Ale×an~er aske~ about the percent neemem £or deposit. Ann Bingman, ~irector o~ .Customer Service, staged actually put mown a deoosi~ at tile curren~ time ~ue to t~]e credit which ~as available ~o them. She stated that they w.3~e enforcing the co-signer to pay for the Dill ~f it '~s not paid. Council Hember HcA~ams stated that ~hen these changes went inno effect, a notice should be sent out with the Dill stating the specific changes. 3. The Council held a discussion of proposed rate adjustments for various utility services. Bob Nelson, Director of Utilities, stated that there would De changes in the electrical charges and the electrical rates charged customers. He presented several overheads regarding the analysis how the rate chan~e compare~ with other years. Mayor Stepaens aske~ what the total revenue percentage mi~fe£ence was between residential customers and industrial customers. Nelson replie~ 30-37 percent was residennial cusnomers, government rate was at ten percent, and commercial industrial use made up for the rest. Council Member Alexander asked i£ t~e government rate was ~he same as the industrial rate. Nelson replied no, that the government rate was for such entities as local governments, the DISD and the County. He stated that all other government agencies such as the Federal Center, the Post Office and the Universities went under the regular industrial rate. 4. The Council received a report regarding co-generation at TWU and NTSU. Lloyd Harrell, City Manager, stated that TWU and NTSU were planning to go to a co-generation system in the near future. Bob Nelson, Director of Utilities, explained to the Council that co-generation involved using hot water for cooling and heating instead of using electricity. Nelson stated that TWU ~ad completed a study and that it would probably begin using co-generation later on this year with two small gas turban units. N?SU was not as far along as TWg. Their system would be harder to implement because it City of Denton City Council Minutes 4 5 9 Meeting of January 27, 1987 Page 3 had no central heating/cooling system which Would require them to extend their steam lines. Nelson continued that when NTSU did go to co-generation, they would proDabl~ have an outside buyer for their excess electricity and would not need standby usage. Nelson presented figures to the Council regarding the loss of the universities' current electrical usage to the utility system. He stated that the City an~ the universities were looking for ways to phase in the co-generation system instead of total withdrawal from the City's electrical system all at once. Council Member Riddlesperger questioned the economy of the universities borrowing money to install these systems. He stated that when the universities did change over, the electrical rates in the City would rise and in effect the universities would be saying to the City, "We want you to help us with our streets, with fire protection, etc. but we don't need your electricity". He went on to say that this co-generation system would not really De benefitting the universities but instead benefitting the state. Council Member Chew stated that the Council had in the past bent over backward to help tae universities wit~ special concessions. He stated that he felt this would be a direct slap in the face to the City and t~at the City of Denton would have to pick up the rest the load if the universities left the system. Council Member Alexande~ stated that the Council needed to recognize that these discussions were originating in Austin. Ne asked the Council not to become diviced aha take sides. He stateG that nhe City and the universities needed to continue to talk and not draw battle lines at this time. He stated that the universities ~ian't have much control over what was being directed to them through Austin. Debra Drayovitch, City Attorney, stated that Lloyd Harrell, Bob Nelson and herself were currently studying the legal issues involved in co-generation. Mayor Stephens asked Council Member Riddlesperger an~ Hopkins they would join the staff when meetings were occurring with the universities and t~e City regarding co-generation. Due to lack of time, the Council d~d not convene into the executive session to discuss legal matters, real estate, personnel and board appointments. The Council then convened into the special call meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Ridalesperger ABSENT: None 1. Ordinances The Council considered approval of an ordinance authorizing the issuance, sale, and delivery of City of Denton utility system revenue refunding bonds, series 1987. The following ordinance was presented: No. 87-017 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CItifY OF DENTON ~'~ILITY SYS£EM REVENUE BONDS, SERIES 1987, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. 460 City of Denton City Council Minutes Meeting of January 27, 1987 Page 4 Lloyd Harrell, City Manager, stateG that this was a job well done by many people including John McGrane, Director of Finance and Bob Nelson, Director of Utilities. He introduced Frank Medanich, one of the City's financial advisers. Medanich gave an update on the results of the refunding issue and the procedures that would be followed in adopting the refunding bonds. He stated that the deal had been finalized with Smith-Barney. The Donds would be marketed at a price, interest rate and maturity pattern which would result in a gross dollar savings to the City of Denton of $1,156,117.81. That savings had a present value of $1,082,838.23. The savings woulG be realized over the next four year period. Jim Williams, Smith-Barney, informed the Council that he was possession of a good faith check for the Council. He thanked the Council for the opportunity to work with them and ~]oped to do so again in the future. acAdams motion, ~opkins second to adopt the ordinance. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Ma~or Stephens "aye." Motion carried unanimously. 2. Resolutions .~ ~, ~ /' .,. A. The Counc~£ considered a: resolation exercising option to redeem certain utility system revenue DonGs of the City Denton, Texas. The following resolution was presented: NO. 87-00~ RESOLUTION EXERCISING OPTION TO REDEE?~ CERTAIN U'i'ILII'Y SYS£EM REVENUE BONDS OF THE CITY OF DENTON, '~EXAS. McAdams motion, Alforo second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Al£or~ "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unaDimously. B. The Council considered approval of a resolution adanorzzing the execution of an escrow agreement relating to the refunding City of Denton Utility System Revenue Bon~s. The follow:Lng resolution was presented: NO. 87-010 RESOLUTION AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF CITY OF DENTON U%'ILIfY SYS'i'EM REVENUE BONDS. McAdams motion, Hopkins second to adopt tge resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 3. The Council considered authorizing the Mayor to establish a task force on the literacy needs in the City of Denton, Texas in cooperation, with the National League of Czties. Mayor Stephens stated that he had asked the item to De placed on the agenda. Saephens stated tha~ he would like to have Joella Orr, Library Director and Frank Fuller, DISD, to serve as coordinators of the task force. Chew motion, McAdams second to authorize the Mayor to establish the task force with the names as stated. Motion carried unanimously. 461 City of Denton City Council Minutes Meeting of January 27, 1987 Page 5 4. The Council considered authorizing the Mayor to establish a task force on observing Days of Remembrance of the Victims of the Holocaust in cooperation with the United States Holocaust Memorial Council. Mayor Stephens reported that pending approval of this item, Dr. Ed Johnson, Librarian, North Texas State University, coordinate the task force, woul~ McAdams motion, Chew second to autaorize the Mayor to establish the task force. Motion carried unanimously. 5. The Council held a discussion to consider the appointment of members to the Beautification Task Force. This item was discussed in Executive Session. 6. 5~here was no official action taken on Executive Session items of legal matters, real estate, personnel an~ soard appoint- ments. 7. The Council reconvened into the Executive Session to ~iscuss legal matters, real estate, personnel and board appoint- ments. No official action was taken. v~ith no further business, the meeting was adjourned. City ~f Denton, Texas Je~fe'r ~alters, Actl~g City Secretary City of Denton, Texas 21119 462 CITY COUNCIL MINUTES February 3, 1987 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams, and Riddlesperger ABSENT: None 1. The Council received a report on the City's proposed investment policy. John McGrane, Director of Finance, state that this item had been one on the auditor's report. He stated that the policy had four main thrusts. In the past, the City had used a depository agreement with the bank.. The Finance Department was proposing some different strategies as proposed by the auditors. The policy addressed the questions of who to deal with, a Dank or a dealer; what the activi- ties would be; how to back the securities; and the establishment of an investment committee to meet on a regular oasis and report to Council on financial activities. 2. ~[~he Council received a recommendation regarding the City's position on a State Implementation Plan to control ozone in Denton County. Lloyd Harrell, City Manager, stated tna't there Would be a meeting February il of the Texas Air Control Board. The City had been asked to testify on regulations for air quali~y. In order go properly represent the City, a recommendation was needed from the Council. Jeff Meyer, Director of Planning, stated that he wanted to make clear to the Texas Air Control Board and to the citizens, that the City was in favor of clean air. Denton was a victim of air blown from Dallas. Denton was not the generator of the ozone and the City should be allowed to use minimum standards of air quality. It would be hard to attract industry to Denton because of the different standaras from Dallas an~ Tarrant County. He stated that the main thrust of the City's stand should be that (1) the City was in favor of clean air, (2) Denton was not the source of the ozone, (3) Denton was willing to work with the Board and (4) the proposed standards were not practical. Meyer also presented some u~ility issues that the Council needed to address dealing with inmustrial development and internal uses-such as t~e power plant and solid waste recovery. Meyer stated that it was unlikely that the City would ever reach attainment as the standards were too unreasonable and suggested that the City suggest something feasiole to the Air Quality Board. Council Memoer Alexander asked now muc~ contac~ staff nad na~ with other cities an~ counties. Meyer replied that up until six (6) months ago, the City was pretty much alone on its stand. Now the County Commissioners were oecoming involved ,As were other cities. Meyer asked the Council for some direction as how to proceed with this matter. The consensus of the Council was to continue as presented. 3. The Council received an emergency report from Mayor Stephens regarding an endorsement of the Mayor's Criminal Justice Task Force. for the Texas War on Crime. Lloyd Harrell, City Manager, stated that the emergency of the item was that a rally was 9oing to be held next week and the City needed to be represented. Mayor Stephens had agreed to attend the session in Austin for the Council. Rick Svehla, Assistant City Manager, stated that the task ~orce was looking at: different ways to deal with crime. Areas that the task force would look into were the apprehension area, building more prisons, accountability to the public, Crime Stoppers, jury trial City Council Minutes 4 6 3 February 3, 1987 Page 2 combinations, alternatives for habitual criminals and the use of verbal confessions. He stated that the task force was conservative in nature but would be helpful. Council Member McAdams stated that a general statement would be fine as an endorsement from the Council but that the resolution presented was not what she would endorse. Council Member Riddlesperger had an objection to the resolution as presented in that it did not address some areas that he was concerned with such as the limited sale of firearms. Mayor Stephens stated that these were just basic suggestions from the Criminal Justice Department. Council Member ALexander stated that some of the specifics in the task force's proposal were backward steps. He did not like the philosophy of the prison system. He felt that a Change was needea in the system, not to build more prisons. He stated that he would not vote on the standards as presented. Mayor Stephens stated that Dy passing the resolution, the City would be on record in support o~ reducing crime. Council ~4ember Riddlesperger stated that he would endorse the princLpals but not the specific items of the resolution. Consensus of opinion .vas that the City Attorney would draw up a document that the Council would be in favor of, namely to eliminate the specifics of the proposed resolution and have a general endorsement o~ the policy. 4. 1'he Council held a discussion to consider the appointment of members to the Beautification Task Force. This item was discussed in Executive Session. 5. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointment. No official action was taken. The Council nhen convened into the regular meeting at 7:00 p.m in the Council Chambers. · PRESENT: ~ayor Stephens; Mayor Pro '~em Alford; Council Members Alexander, Chew, Hopkins, McAdams, and Riadlesperger. ABSENT: None 7:00 p.m. Mayor Stephens presented a proclamation for Energy Awareness Day to Michele WatKins, representing the Denton High School Student Council. Ms. Watkins thanked the Mayor and the Council for its recognition. The Student Council was completing a state pro]ect with the Energy Awareness Day. Various projects were being held at the high school in con3unction with Energy Week. 1. The Council considered approval of the minutes of the regular meeting of September 16, 1986, and the special call meeting of September 23, 1986. Riddlesperger motion, Hopkins second to approve the minutes as presented. Motion carried unanimously. 2. '~he Council held a public hearing on t~e petition of the Nelson Corporation, representing Meyers Development Corporation, requesting an amendment to a planned development and approval of a City Council Minutes February 3, 1987 Page 3 concept plan. The property was located south of 1-35E and southeast of State School Road and was approximately 43.4 acres in the G. W. Walker Survey, Abstract 1330. If approved, the amendment would permit the maximum height of the structures to increase from 2 1/2 to 8 stories and provide for a one parking space to 300 square feet of floor space ratio rather that a one space to 200 square feet ratio. The Mayor opened the public hearing. Cecile Carson, Urban Planner, stated that the petitioner in the case asked staff to provide the Council with a brief overview of the reason why the petition was before Council. She stated that this was an issue of a cumulative planned development versus a non- cumulative planned development. Craig Curry, Nelson Corporation, spoke in favor of the petition. He stated that this item was before Council several months ago requesting a clarification of what had been approved in the original ordinance. The developers had assumed that larger heights had been approved in the original request. The request asked for an amendment to the height requirement and the parking spaces. Raising · the height, would help clarify so,ne of the setback requirements. Gene ~ilbarn spoke in favor of the petition. He stated that the issue had been very co~]fusing. He stated that it was felt that th2s issue i~aa been settled earlier. When the issue nad gone before Planning and Zoning several weeks earlier, there was only one objection to the petition and that was in the a~ea of the i~eight of the Ouilding. He felt that height of ~ buildiag was a matter of opinion. He felt this petition would help achieve the goal of the Oakmont life style anG was good for the surrounding area. Mitchell Turner spoke in opposition to the petition. He had several reasons for his opposition. He felt that it was easier to Duffer with 2 1/2 story building than an 8 story building. People in Wimbleton Village did not want to have to look at an 8 story building, and there was not enough adequate parking spaces for the development. Craig Curry presented his resuttal. He stated that proposed parking was a compromise b'etween the office space requirement and the retail space requirement. In respond to the height opposition, Curry referred to other buildings in the area which were closer to neighborhoods. The Mayor closed tae public hearing. Cecile Carson, Urban Planner, stated that a public hearing had been held on this property in January, 1985 and the o£dinance was adopned in June of 1986. The confusion centered on the exact wording aha determination of the standards presente~ to the Council. Staff baa reviewed the proposal of the height change and felt that it would not be incompatible with existing zoning along 1-35 and the proposed land uses. Planning and Zoning had a problem with the parking. The original request inc±uded two different parking situations. Staff determined that this would present a significant problem in determining which parking space would be used for retail and which parking space would be used for office. Staff suggested that the parking ratio be 1/300 which was closely related to the office use and that trends indicated that this was the usage most likely to occur. No decision was reached by the Planning an~ ~oning Commission with a 3 to 3 tie vote. Carson pointed out that tradi- tionally with Oakmont presentations, a traffic question was raised. Between the Planning and Zoning meeting and the Council meeting, a traffic study was completed that was required by the planned devel- opment ordinance. Planning staff assume~ that the study nad been submitted Dy the developer an~ therefore the aeveloper agreed with all the information that was in it. Based on that assumption, two City Council Minutes 4 6 5 February 3, 1987 Page 4 conditions were included for consideration if the case were recommended, including funding of signalization and another traffic study to be provided in 1992. After discussions with the develop- ers, it was discovered that they were not aware of those conditions. Council Member McAdams asked that if it appeared that the project were going to be more commercial than office, if there was a provision to insure adequate parking. Carson replied that if it appeared that the parking was not going to be adequate, Guring the building inspections division, staff would present a request to Council on behalf of tl]e City to amend tae plannea development. Council Member Alexander stated that Carson nag presented two conditions and inaicated that the developer was not aware of those conditions prior to this meeting. He asked if it was proper to ask Curry or Wilburn to comment on the impact of those conditions on their plans at this point before Council took any action. Mayor Stephens stated that he thought the order of recommendation was staff to the Planning an~ Zoning Commission and t~en the Planning and Zoning Commission to t~]e Council. He wanted to kno~ why the conditions s~af~ had included had not gone past Planning aha Zoning. Carson £eplled that Planning and Zoning was presented a traffic study ~ith tile understanding that it continue to be updated from the time of the Planning and Zoning puDiic hearing and the Council puolic hearing. Staff had consultea with the Legal Department and as Planning and Zoning had not mane a recommenGatlon concerning the petition, staff felt there was no problem including the two conditions as stateG. Craig Curry respondea to the two conditions staff was recommenGing. He stated that there was no problem with the conditions and that the ~evelopers had already talked to staff about condition 2, the traf- fic study. He stated that the final traffic study was submitted on January 13, 1987. There was a reference based on some projections that ~ere made, that traffic pro3ected Dy Oakmont would De approximately 13%. The cost of the signal woulG be approximately $30,000 and the developers share of 13% of ti]at $30,000 wouiG be approximately ~4,000. If the comm~itment were to ~4,000 for tae signal, they would be willing to accept such a condition. Council Members McAdams asked if the company doing the traffic study was preparing the report for the developers or for the City. Curry repliea that they were working for Meyers development. McAdams asked if the developers were in agreement with the acceptability of the study. Curry replied yes. McAdams asked if some type of verbiage could De incorporated to state "not to exceed $4,000." Curry replied that they probably would agree to such verbiage. He stated that he understood that when a pro3ect was part of a highway such as this one was, the Highway Department made the installation of the signal and associated improvements with that intersection. He would be hesitant at this time as a conGition of zoning, to make an open-ended statement that they would participate in the signalization when it may not be necessary. McAaams asked if Mr. Svehla could give some probaoility as to whether the City or State woulG be paying for the signal. City Council Minutes February 3, 1987 Page 5 Rick Svehla, Assistant City Manager, stated much of this situation would depend on the funding levels of the State. The Highway Department probably would ao it but it could go either way. Debra Drayovitch, City Attorney, stated that the City was already participating with the Highway Department on other signalizations. McAdams asked if there were language that suggested that in the event it was determined that signalization was necessary, aha that the cost would be the City's, the Oakmont Development would De required to pay its proportional share based on the traf(ic study or an amount not to exceed $5,200. That would mean that if the State paid for the signal, Oakmont would not have to pay anything, would such language be acceptable to the developers. Curry replied that if the amount stated $5,200, the language would De acceptable. Mayor Stephens stated that the Council would not want any surprises and he would not want to rush into anything, he asked if it would not be better to re,er it back to staff so that all the conditions could be discussed and an understanding would be made. Council l~ember Hopkins stated tdat she felt that th~s situation had not oeen rushed and if the developers were in agreement w~th the conditions, then t~e council snoul~ go ahead] wit~ a vote. Council Memoer ~iddlesperger stated that ti%e problem was hinging on a very "zffy" traffic situation t~at lnight or migent not develop, he felt taat it was a small point relative to the oti]er aspects of the petition. McAdams asked for the particular legal language. Drayovitch stated that if it was determined that the signal was necessary and z£ the City baa to provide funding, that no permits would be issued on or after the date unless 13.3% or a cap of $5,200 was provided by the developer. Lloyd Harrell, City £'4anager, requested from Council that as the legal staff prepared this petition in ordinance form, they oe permitted to cnec~ wita t~e Engineqring staff to be protecte~ as to how the language was being written. Council Member Alford agreed with Hopkins tha~ t~e developers had met all conditions put to them and that a vote was in order. Council Member Alexanoer agree~ With Alford. Hopkins motion, Al~ord second to proceed with the ordinance Motion carried unanimously. · 3. Consent Agenda McAdams motion, Hopkins secon~ to approve t~e Consent Agenda Motion carried unanimously. · Consent Agenda A. Bids and Purchase Orders: 1. Bid #9692 - Rental Street Construction Equipment and Operators 2. Bid #9699 - Truck Bodies & Crane 3. Bid ~9701 - Fiberglass Brackets 4. Bid #9704 - 3 Phase Distribution Yransformers City Council Minutes 4 6 7 February 3, 1987 Page 6 5. Bid #9706 - Padmount Switchgear 6. P.O. #77099 - General Electric Co. - $17,752.00 B. Tax refunds 1. Tax refund to Robert W. Owen - $1,111.61 2. Tax refund to Lawyers Title - $613.11 C. Plats and Replats 1. Consider approval of preliminary plat of the Northridge Subdivision, Lots 4-9 and 11-13, Block 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds. The following ordinance was presented: NO. 87-01~ AN ORD£NANCE ACCEP.~iNG CO~4PETfTiVE BIDS AND PROVIDING ~oR THE AWARD OF CONTRACi. S FOR PUBLIC ~ORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDii~uRE OF EUNDS THEREFOR. AND PROVIDING FOR AN EFFECTIVE DATE. , McAdams motion, Alexander second to aaopt the orainance. On roll call vote, McAdams "aye," Alexander "aye, Hopkins "aye," Al~ord "aye, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye" Motion carried unanimously. . B. The Council considered a~option of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds. The following ordiffance was presente~: NO. 87-019 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ~A'£ERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF F~NDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll Call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," ana Mayor Stephens "aye." 19OrlOn carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 87-020 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Minutes February 3, 1987 Page 7 McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the request of Teasley Road Associates for annexation of approximately 80.82 acres being part of the James Coltart Survey, Abstract 288, and northwest of new Loop 288, north of Kings Row, and west of Farris Road. (A-42) The following ordinance was presented: NO. 87-021 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Davia Ellison, Senior Planner, s~ated that this was a voluntary annexation petition. Due to the Council delaying its regular meeting on March 3, the public hea£ing dates would be March i0 and March 17 with a special call meeting cequire~ on March 2~ ~or ~or~a~ anne×ation p£oceeGzngs. McAdams motion, Alford second to aaop~ the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor~ "aye," Rid~lesperger "aye," Chew "aye," an~ Mayor Step~ens "aye." l~onion carried unanimously. E. The Council considere~ adoption of an ordinance amending section 4-32, Article I of Chapter 4, "Animals" of the Code of Ordinances o~ the City of Denton, Texas relating to the return of adopted dogs and cats. The following ordinance was presented: NO. 87-022 AN ORDINANCE AMENDING SECTION 4-32, ARTICLE I OF CHAPTER 4, "ANIMALS" OF THE CODE OF ORDINANCES OF THE CI%'Y OF DENTON, TEXAS RELATING TO THE RETURN OF ADOPTED DOGS AND CATS; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFEC£IVE DA%E. Lloyd Harrell, City Manager, stated that this was simply a wording clarification. The ordinance called for the animal shelter to make diagnostic work on an animal that might have died after being in the City's pound. Riddlesperger motion, ALexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," an~ Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance repealing Ordinance No. 83-04 which established a school zone on U.S. 380 at the Bethel Christian Academy. The following ordinance was presented: NO. 87-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO. 83-04; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Minutes February 3, 1987 Page 8 Lloyd Harrell, City Manager, reported that this was an ordinance repealing a school zone where a school no longer existed. Alexander motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexanaer "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance prohiOiting parking on both sides of Avenue D from Eagle Drive to I35. The following ordinance was presented: NO. 87-024 AN ORDINANCE PROHIBITING THE PARKING OF VEH£CLES ON SIDES OF AVENUE D FROM ITS INTERSECTION WITH EAGLE DRIVE TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E; PROVIDING A SEVERABILITY CLAUSE; PROVIDING' A PENALTY NOT TO EXCEED HONDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Assistant City Manager, seated that this ordinance would remove parking ~rom both sides of Avenue D from Eagle Drive 1-35. The Highway Department haa done a traffic count and reit tha5 was congestion at the intersection. Removin9 the par~kng allow for the building o~ two lanes in Doth direct£ons a~]~ help facilitate the flo~ of traffic. Mayor Stephens asked where the cars were coming from that were parking in that area. Svehla replied that employees of the local stores were parking on the street in that area. Alexander motion, Chew second to adopt the ordinance. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." carried unanimously. Motion H. The Council considered adoption of an ordinance approving a contract with the Texas Water Development Board for fun~ing assistance for a water/wastewater study of Denton County. The following ordinance was presented: NO. 87-025 AN ORDINANCE APPROVING AN AGREEMENT BE~i~WEEN THE CiTY OF DEN'£ON, iT AL AND THE TEXAS WATER DEVELOP~ENT BOARD; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Boo Nelson, Director of Utilities, stated that this was a county-wide water study. The City of Denton had received a grant from the Texas ~ater Development Board for this study. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye, and Mayor Stephens "aye." l~otion carried unanimously. I. The Council considered adoption of an ordinance approving a contract with Denton County for a water/wastewater stuay of Denton County. The following ordinance was presented: City Council Minutes February 3, 1987 Page 9 NO. 87-026 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR A WATER AND WASTEWATER S'~UDY: AND PROVIDING FOR AN EFFECTIVE DATE. Council Member McAdams asked if the City was adequately protected in the legal language of the contract. Debra Drayovitch, City Attorney, stated that the City was protected ' as best as it could be. Lengthy meetings were held with the County Commissioners and their attorneys, and she felt that the contract was fine. Riddlesperger motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riadlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. J. '£ne Council considered adoption of an ordinance establishing rates for providing electrical services by the City to its customers. The following ordinance was presentea: NO. 87-027 AN ORDINANCE ADOPTING NEW RArE SCHEDULES FOR ELECTRICAL SERVICES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECZIYE DATE. Bob Nelson, Director of Utilities, stated that this ordinance would reduce electric rates. Part of the reduction was a result of reduced natural gas costs, cost cutting measures and the refunding of the utility bonds. The overall decrease was about 4.9%, 2.9% of that was from the refunding and the reductions taken internally and 2% was from a reduction in fuel. Residential rates had no essential change in the facility charge or t~]e energy charge but the energy cost adjustment was being reduced from 2.15~/ kw hour down to 2~/kw hour. Small commercial rates had an elimination of the demana charge on the first 5kw. The first 700 kw hours would have an increase in the energy rate from- 3.55¢/Kw hour to 7.5¢/kw hour. Anything over 700 kw hours/month would be reduce~ from 3.55~/kw hour to 3.5~/kw hour and the energy cost adjustment would be reduced from 1.25~/kw hour to 2S/kw hour and the demand charge would De reauced from $6.40 down to $5.75 /kw hour. Mayor Stephens asked if an apartment complex was on small commercial rate and ii[ the new rates would get rid of the demand charge. Nelson replied that most apartment complexes would have more than the 5 kw. For large commercial industrial customers, the demand charge was being reduced from $6.00 down to $5.50 / kw; the energy charge down from 3.05¢/ kw hour to 2.95¢/kw hour and the energy cost adjustment from 2.15¢ to 2.0~/kw hour. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered the adoption of an ordinance establishing rates for providing water services Dy the City to its customers. The following ordinance was presented: City Council Minutes 4 7 1 February 3, 1987 Page 10 NO. 87-028 AN ORDINANCE ADOPTING NEW RATE SCHEDULES FOR WATER AND SEWER SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Director of Utilities, stated that this was a 9.5% increase in water rates. 5% of that was required to meet the 1987 budget, 4.5% was to aid in the debt service payment on Lake Ray Roberts which was due in March of 1988. Nelson presented various overheads for Council consideration which showed the effects of the rate increase on various categories of customers. Council Member Riddlesperger stateQ that the electrical rates were approaching the commercial rates of the larger companies and wondered aDout the water rates. Nelson replie~ that Denton was above Dallas anQ Fort Worta but was competitive with such cities as Carrollton and Plano. Council Member Alexander asked for an approximate rate reauc~ion percentage of all the recent electric rate reductions. Nelson replieQ that it was approximately a 10% reduction or ~ little ~no re. Council l~ember [.lcAaams stated that the City ~ia not buy the surface water facility back ;¢hen Dallas/Fort ,~orth bought theirs and now the City nad to purchase sometging tgat was higher. However, it was good to have something that the City could have some control over in the years to come. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," RidQlesperger "aye," Chew "aye," and blayor Stephens "aye." Motion carried unanimously. M. The Council considered a~option of an ordinance approving an agreement between the City of Denton and the North Texas Repeater Association for emergency communications assistance. The following ordinance was presented: NO. 87-029 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CII'~ OF DENTON AND THE NORTH TEXAS REPEATER AS$OC~A'£ION FOR EMERGENCY COMMgNICATIONS ASSISTANCE AND PROVIDING FOR AN EFFECTIVE DATE. ' Rick Svehla, Assistant City Manager, stated that this was a standard agreement dealing with a radio cluo which requested using tile tower at McKenna ParK. Common goals were set out for both t~e City and the Club in the agreement. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Ridd±esperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance calling and ordering an election to be held in the City of Denton, Texas, on April 4, 1987, for the purpose of electing four Council Members to the City Council of the City of Denton, Texas for Places 1, 2, 3, and 4; ordering that the punch card electronic voting system adopted by Denton County be used in said election; providing for voting places and appointing election officials and providing for election supplies. City Council Minutes February 3, 1987 Page 11 The following ordinance was presented: NO. 87-030 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON APRIL 4, 1987, AND, IN THE EVENT A RUNOFF ELECTION IS REQUIRED, ON APRIL 25, 1987, FOR THE PURPOSE OF ELECTING FOUR COUNCIL PERSONS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR PLACES 1, 2, 3, AND 4; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor~ "aye," Riddlesperger "aye," Chew "aye," and mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council consiaered approval of a resolution authorizing the City Manager to execute railroad licenses under certain circumstances. The following resolution was presented: RESOLUTION NO. R~7-01t A RESOLU£ION AUTHORIZING THE CI'£Y MANAGER TO EXECUI'E LICENSE AGREEMENTS WITH VARIOUS RAILROAD COMPANIES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING AN EFFEC£IVE DATE. Lloyd Harrell, City Manager, stated that this was a suggestion to streamline operations. Several routine license ag£eements were receivea during the year for u~ility crossings aha this ~{ou±a give the City Manager authority to execute the agreements when they were in small amounts. McAdams motion, Hopkins second to approve the resolution. On roll call vote,. McAGams "aye," Alexander "aye," Hopkins "aye," AlforG "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing submission of an application to the Texas Criminal Justice Division requestzng lunging for a juvenile police officer. The following resolution was presented: RESOLUTION NO. R87-012 A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, 'IEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION ~£O THE ~EXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A JUVENILE POLICE OFFICER; AND PROVIDING FOR AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that this was the last year of a five year grant that the City had received for a juvenile police officer. The State contribution started at 100% but had been reduced in the fifth year to a 20/80% grant. McAdams motion, Chew second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," A±ford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City Council Minutes 4 7 3 February 3, 1987 Page 12 C. The Council considered approval of a resolution affirming the City Council's support of the application of Help Our People Emerge (H.O.P.E.) for Hands Across America/USA for Africa funding. The following resolution was presented: RESOLUTION NO. R87-013 A RESOLUTION SUPPORTING THE APPLICATION OF HELP OUR PEOPLE EMERGE FOR FUNDING FROM USA FOR AFRICA/HANDS ACROSS AMERICA; AND PROVIDING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that Jan Lewis, Executive Director of H.O.P.E., was on hand to make the presentation to the Council. Lewis stated that H.O.P.E. was requesting $20,000 from Hands Across America to increase present services such as rent, utilities, food assistance, ann employment and budget counseling. McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. O. The Council considered approval of an resolution the Council of the City of Denton authorizing participation in the Section 312 program of the Housing Act of 1964. The following resolution was presented: RESOLUTION NO. R87-014 A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON AUTHORIZING PARTICIPATION IN THE SECTION 312 PROGRAM OF THE HOUSING ACT OF 1964; AND PROVIDING AN EFFECTIVE DATE. Elizabet~ Evans, Community Development Manager, staten that this resolution was part of an application to HUD to facilitate homeowner's application to the program. McAdams motion, Alexander second to-approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," " Hopkins "aye," Alford "aye, Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye Motion carried unanimously. · E. The Council considered approval of a resolution authorizing the Mayor to execute various contracts and amendments relating to the City's participation in the Texas Rehabilitation Program. The following resolution was presented: RESOLUTION NO. R87-015 A R~SOLUTION AUTHORIZING THE MAYOR TO CONTRACTS AND AMEND~ . EXEC~ VARIOUS PART ........ MENTS RELATING TO ~ CITv ~a'£1ON IN THE TEXAS RENTAL REHABILITATION PROGRAM.~ Elizabeth Evans, Community Development Manager, stated that this agreement had been entere~ into under the former Mayor's term and that the State would like to have a resolution with the current Mayor's authorization. McAdams motion, Mopkins second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor~ "aye," Rid~lesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. City Council Minutes February 3, 1987 Page 13 }F. The Council considered approval of a resolution appointing two members to the initial board of managers for the proposed emergency communication district. The following resolution was presented: RESOLUTION NO. R87-016 A RESOLUTION APPOINTING TWO MEMBERS TO THE INI'£IAL BOARD OF MANAGERS FOR THE PROPOSED EMERGENCY COMMUNICATION DISTRICT; AND DECLARING AN EFFECTIVE DATE. Council Member Alexanner stated that the Mayors ~rom across the County had met and had proposed two people for the board. One would represent the northern part of the County and one, the southern part. The two people were David Purify and Olive Stephens. Mayor Stephens asked if the County had appointed their people. Alexander replied that he had not been informed. Stephens asked about a fifth member. Alexander staten that the five voting members consisted of one member appointed by the fire voluntee~ ~epartments in ~e County, two memoers were appointed Dy the County and the ~emaining ~o ~e~e the memoel~s t~at the Council was voting on t~is evening, l~ne ~n- terim ooard would have the authority to call a special .election or to put the election with an ongoing election to esta61ish a 911 district for the County of Denton. Alexander motion, McA~ams second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alfor~ "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council considered an emergency addendum item on the agenda. The Council consideren approval of a resolution endorsing the Mayor's Criminal Justice Task Force for the ~exas War on Crime. DeOra Drayovitch, qity Attorney, stated that she had omitted section two of the original resolution which was discussed in the work ses- sion, and proposed wording to section one that wodld endorse the Task Force rather than the legislative package. Council Member Alexander stated that he would be comfortaole with that wording. Hopkins motion, Alexander second to approve the reworded resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Al~ord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Miscellaneous matters ~rom the City Manager A. Harrell reported that the City was behind in its sales tax receipts. A check was to De received next wee~ ann ~]opefully ~t would be larger. Director of Finance, John McGrane was not optimistic about the size of the check. Depending of the size o~ the check, Harrell was asking all the General Fund Departments ~o submit revised budgets showing a 2% decrease in non-personnel costs. A modified hiring freeze would also De enforced for General Fund City employees. 7. New Business No new items o~ business were suggested Dy Council Memoers. City Council Minutes 4 7 5 February 3, 1987 Page 14 8. There was no official action taken on Executive Session items of legal matters, real estate, personnel and board appointments. 9. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and boara appointments. No official action was taken. With no further business, the meeting was adjourned. AC~I~[(~ C£T~Y S~CRE'~ARy CII~Y OF DEN~£ON, TEXAS 2154g 476 CITY COUNCIL MINUTES February 17, 1987 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger ABSENT: None 1. The Council received a report by Michael Barton, Principal, Hospital Management Professionals, Inc. regarding Flow Hospital. Michael Barton reported to the Council the current financial situation of Flow Hospital. He presented overheads regarding the monthly financial history of the hospital from January, 1986 - February, 1987. He listed various factors which where unusual problems .at Flow. Among those problems were (1) Payer mix, (2) Medicare, (3) Commercial accounts, (4) Self-pay patients were the largest payer, and (5) Indigent patients who were the smallest payer. In terms of percentage of reimbursement, commercial (insurance) patients were the highest and self-pay was the lowest. Other unusual factors included (1) prolonged transition that the hospital was experiencing with the sale, (2) the purchase of two CAI' scanners, (3) a new computer system, (4) no reimbursement from the County or the City, (5) the cost factor involved in the new hospital start up, (6) contract services, (7) new ~4edicaid reimbursements, and (8) debt service increases. He suggested t~e £O!lO~ng as approaches to turn Flow around: (t) change the payer mix, (z) capitalize on new programs at the ~]ospltal suc~ as the suosuancb abuse program, (3) reduce staffing, (4) examine which programs to continue to offer to t~%e public, (5) nolu a planning session determine future options, and (6) arrange for short ~erm tlnancing. He continued that Flow needed 16 more new pattents and an in£dsion of money in order to stay out of the red. The situation was not hopeless but key issues were impo£tant. Barton l~sted several reasons as to why Flow should stay open: (1) It was a major contributor to Denton County economy, (2} The community needed a not-for profit alternative, (3) Flow offered potential low.er cost in health care, (4) It could reverse the existing migration for health care to other communities. Council Member Riddlesperger asked if any plans had been made to have Barton present his facts to the Hospital Board. Barton replied no. Riddlesperger stateQ that the Council realized the problems wit~ Flow and was frustrated also with the hold ups. Council Member Chew thanked Baruon for his presentation and stated that if Flow were to be revived, it would take the support of the City, County and the doctors as well. He did not want to point a finger at the causes for the delays but wanted to look ahead to salvage the situation. Dr. Ken Ford, Independent Physicians Association, stated that Flow's situation had been occurring over a number of years. At his lasu staff meeting, three more physicians had left the Flow staff as they would not be compensated for their services. Stanley Monroe, Flow Hospital Boa£d, stated that Flow neeaed between $7,000 - $9,000 to continue to exist. He stated that t~]e Hospital needed the money now and asked if the City could match County funds. Council Member Alexander stated that the only way to get more money would be from the taxpayers. Perhaps a request for funding from the taxpayers was in order. The people of Denton needed to know that Flow was a good investment. 2. The Council received a report on the City's participation in the Urban Development Action Grant Program. City Council Minutes 4 7 7 February 17, 1987 Page 2 Barbara Ross, CDBG, stated that this was a project net aepartment had been working on over the last year and that they nad just received approval for the pro3ect. The project would assist developers in getting money for projects in "distressed,, areas. Areas to develop through this project would De the Square and the airport area. Developers could have projects that were residential, commercial, or industrial in nature for those areas. The program was a loan program and any money used for such projects would have to be paid back. Benefits would be seen for low/moderate groups in the form of jobs and projects for those areas. Mayor Stephens askea how these projects would be advertised. Ross stated through the newspaper, either with ads or stories or both. Lloyd Harrell, City Manager, stated that these funds offered potential industrial developments for public improvements for the downtown area and the airport area. Council Member Chew asked that a map be provided of the pro~ect area. Ross replied that she would prepare a map for the Council ~ember$. Item 4. was moved ahead in the agenda order. 4. The Council received a report on £MPA activities 03 0x. Roland Vela and Mr. Richard Stewart, Board. representatives to the ±~IPA Richard Stewart gave a review of the resale of the Revenue Bonas. He stated that the overall interest rate woul~ De 7.2%. He state~ that this was the largest sale in TMPA history. Dr. Roland Vela reported that the Board of Directors were actively working to bring TMPA electricity down. He stated that the size of the plant nad not been fully realized. He reported that the plant was rated at 390 megawatts and that it was operating at 405 megawatts. The increase was due to fine tuning of operations at the plant. The Board was working on getting the rating changed so the plant would operate continually at the hi her = that equipment cha~ges and modif~ ........ g .. r~t~. He reported z~lo~ also a~ed to the increased operating rate of the plant. Vela slated that the worker safety at the plant was very high and that this resulted in a large savings due to the lack of accidents and no compensation being paid. 3. The Council received a report on the vicious animal ordinance. This item was not received during the work session. 5. The Council convened into Executive Session to discuss legal matters, real estate, personnel anm Board appointments No official action was taken. · T~e Council then convened into the regular meeting at 7:00 p m the Council Chambers · · in PRESENT: ~aayor Stephens; Mayor Pro Tem Alford; Council Members Alexander, Chew, Hopkins, McAdams, and R~dalesperger ABSENT: None 7:00 p.m. The Mayor presented a proclamation for "Save Your Vision Week." He wished the receivers of the proclamation the best of luck in their fine endeavor. 478 City Council Minutes February 17, 1987 Page 3 Dr. Paul CoDell received the proclamation and thanked the Council for its support. 1. The Council considered approval of the minutes of the regular meeting of October 7, 1986 and January 6, 1987. Riddlespe~ger motion, Chew second to approve the minutes. Motion carried unanimously. 2. Pub±lc Hearings A. The Council considered approval of a petition of the City of Denton Historic Landmark Commission requesting that the property located at 903 West Oak Street be added to the Oak-Hickory Historic District. The property was further described as a tract in the E. Puchalski Survey, Abstract 996, and was located on the south side of West Oak Street approximately 300 feet west of Mounts Street. The Mayor openea the public hearing. Randall Boyd, Historic Landmark Commission, stated that thls was a reconsideration of this structdre. It should have been inci~ed ~n the Historic District. Including this property made cle~n boundaries to the District. No one spoke in opposition. 'fhe Mayor closed the public ~earlng. Denise Spivey, grban Planner, state~ that at the time the Historic District was approved, this property was excladed. T~is presented a problem in that one of the criteria of a historical district was that it should De contiguous and uniform ia structure. Basea on that fact and in order to have the district certified by the National Trust, this property should De included in the district. McAdams motion, Hopkins to approve the request. Motion carried unanimously. B. The Council considered approval of a petition of the City of Denton Historic Landmark Commission requesting t~at the property located a[~ 918 West Oak Street De added to the Oak-Hickory Historic District. The property was further described as a tract in the E. Puchalski Survey, Abstract 996, and was located on the north side of West Oak Street approximately 500 feet west of Mounts Street. The Mayor opened the public hearing. Randall Boyd, Historic Landmark Commission, spoke in favor of the petition. He statem that the same conmitions applied to this petition as the first one presented. The Commission was requesting that the Council include this property in the Historic District in order to make the lines contiguous and inclusive. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that t~is property was similarly excluded ~rom the Historic District as had the previous property. The property met all conditions to De included in the Historic District and both the Historic Landmark Commission and the Planning and Zoning Commission recommended approval for inclusion in the Historic District. City Council Minutes 4 7 9 February 17, 1987 Page 4 McAdams motion, Hopkins second to approve the petition. Motion carried unanimously. 3. Consent Agenda McAdams motion, Alexander second to approve the consent agenda. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~9687 - Street Lights and Poles 2. Bid #9708 - DC/AC Inverter 3. P.O. #75639 - Priester Supply - $13,521.20 B. Tax Refunds 1. Consider a tax refund to Beverly Ha±man - $591.62 C. Plats and Replats 1. Consider approval of prelimina£y plat of Daugherty Addition, Lots 1 and 2, Block B. Planning and Zoning Commission £ecommen~.~ approval.3 2. Consiaer approval o~ preliminary and final rep±~ of the Motor Addition, Lot 3, Btoc~ 1. (Ti~e Planning an~ Zoning Commission recom~.~nds app£oval.) - 3. Consider approval of preliminary and final replat of the Northwood Addition, 10th Installment, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) D. Final Payment 1. Consider final payment for Stuart-Pershing paving. 4. Ordinances A. The Council considered aaoption of an ordinance accepting competitive bi~s and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 87-031 AN ORDINANCE ACCE?£ING COMPETITIVE BiDS AND A~ARDI~G A CONTRACT FOR THE PURCHASE OF MATERIALS, EQgIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PRO¥IDING FOR AN EFFECTIVE DATE. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of an ordinance accepting competitive Olds an~ providzng for the award of contracts for public works improvements to the water treatment plant. 480 City Council Minutes February 17, 1987 Page 5 The following ordinance was presented: NO. 87-032 AN ORDINANCE ACCEPTING A COMPETITIVE BID AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Director of Utilities, stated that this was a bid for an upgrade of the water plant. Bids were taken on December 23, 1986, and the low bidder was Cagin Contractors from Louisiana. The State of Louisiana nad a preference law which stated that no outside bidder could receive a job inside Louisiana unless they were at least 5% below the local bidder. Texas followed with such a law. In order to comply with State law, Cagin Contractors would have to be 5% below the second bidder if the second Di~der was a Texas firm. The. second ui~der was Tonto Construction out of Arlington, Texas. Cagin Contractors was not below the necessary 5% and upon review from the City Attorney ana the Attorney General, the Did naa to be awarded to Tonto Construction. The consulting engineers and the PuOlic Utilities Board recommende~ Tonto Construction as the company to be awarded the contract, as well as the City Attorney. Council Me~noer Ri~d±esperge~ stated that ne felt this s~ate procedure ~as unconstitutional. He stated that ne felt this ,{a.s a }Dreec~ of ifaith between the states. DeOra Drayovitch, City Attorney, stated that extensive efforts were made to determine whether the low bidder ~as inaeed a Texas corporation and despite numerous attempts, the facts did not show that. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of stat~ law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 87-033 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE ~ITH THE PROVISIONS OF S'fATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPE'~tTIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Alford left the meeting. D. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the light industrial (LI) classification on 95.265 acres located west of 1-35W, approximately 3,500 feet south of Airport Road (FM 1515) (Z-1750). The ~ollowing ordinance was presented: NO. 87-034 AN ORDINANCE AMENDING THE ZONING MAY 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, AS AMENDED, AND AS SAID MAP APPLIES TO 95.265 ACRES City Council Minutes 4 8 1 February 17, 1987 Page 6 OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 35W APPROXIMATELY 3,500 FEET SOUTH OF AIRPORT ROAD (F.M. 1515), AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICU . ,, ,, DISTRICT CLASSIFICATION AND USE D~ .......... LTURAL A ~o~a~lUN, TO LIGHT INDUSTRIAL "LI" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Denise Spivey, Urban Planner, stated that this property was in a high intensity area for light industrial uses. The petitioner was seeking that type of zoning and the Planning and Zoning Commission had approved such zoning. McAdams motion, Alexander second to adopt the ordinance. On roil call vote, McAdams "aye," Alexander "aye," Hopkins "aye,", Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye" Motion carried unanimously. · E. The Council considered aGoption of an ordinance naming a puolic park as Avondale Park. 'rhe following ordznance was presentea: NO. 87-035 AN ORDINANCE NAMING A PUBLIC PARK AS A~ONDALE PARK; AmD DECLARING AN E~FE~''' ' ~. Steve Brinkman, Director of Parks and Recreation, stated that this was a 16 acre park donated by Foxworth-Galbreth Lumber Company. The entire 16 acre tract would De developed this year and hopefully would be completed near the end of 1987. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Alford returned to the meeting. F. The -Council considered adoption of an ordinance amending Article II, Section 27-33 of Chapter 27 "Wreckers" of the Code of Ordinances of the City of Denton relating to fees charged Dy services. The following ordinance was presented: NO. 87-036 AN ORDINANCE AMENDING ARTICLE II, SECTION 27-33 OF CHAPTER 27 "WRECKERS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO FEES CHARGED BY SERVICES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Rick Svehla, Assistant City Manager, stated that this item was presented to the Police Department by a number of individuals involved in the wrecker business. The fees were charged to the appropriate owner and it had been at least three to four years since the fees had been changeG. Council Member Chew stated that he wanted to make sure that the wrecker people had the proper insurance, cargo insurance and general liability, so that the City would not be liable for the vehicles towed to the City pound. Debra Drayovitch, City Attorney, stated t~at there already was a provision in the ordinance for certain types of insurance. 482 City Council Minutes February ].7, 1987 Page 7 Hopkins motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance amending the 1986-87 budget and authorizing payment to Fulbright and Jaworski for legal services. The following ordinance was presented: NO. 87-037 AN ORDINANCE AMENDING THE 1986-87 BUDGET OF THE CIT~ BY APPROPRIATING THE SUM OF $16,241 TO PAY FOR LEGAL SERVICES RENDERED BY FULBRIGHT & JAWORSKI; AUTHORIZING PAYMENT FOR SAID LEGAL SERgICES; AND DECLARING AND EFFECTIVE DATE. Mayor Stephens asked that in the future an itemized statement be prepared per item for statements. Debra Drayovitch, City Attorney, replie~ that she would instruct the firm to prepare such statements for the Council. Council ~emoer Alexander stated that it should be well known to the public than tile City was responsible for paying a sdbstantial aaounn of legal fees due to the negotiations with Flow Hospital. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Alexanaer "aye," Hopkins "aye," Alford "aye," Ri~dlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motzon carried unanimously. H. The Council considerea adoption o~ an ordinance and contract for engineering services for a feasibility study of co-generation facilities at North Texas State University. The following ordinance was considered: NO. 87-038 AN ORDINA]qCE APPROVING AN _AGREEMENT BETWEEN '£HE CITY OF DENTON AND LUTZ, DAILY & BRAIN III, FOR ENGINEERING SERVICES; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFEC'£IVE DATE. BOb Nelson,~ Director of Utilities, stated that it might be viaDle for the City of Denton to install the co-generation unit at N.T.S.U., but that more information was needed. More information was needed to determine the economic feasibility, the legal constraints, the risks and the money involved. To help answer those questions, this study was being proposed. The Public Utilities Board had recommended approval. Council Member Riddlesperger stated that he hoped that the Utility Department and the University could agree on a contract that was helpful to Doth. Council Member Hopkins stated taat she had not heard any time before that the City would be out of the engineering fees for North Texas to put in the co-generation unit. If North Texas was the one pulling out of the City's utility system, she did not understand why the City was paying the engineering firm. Nelson replied that the study was for the City's own Knowledge aha data base to determine whether it would De feasible for the City to be the owner of the co-generation device. If such a unit would fit City Council Minutes FeDruary 17, 1987 4 8 3 Page 8 into Denton's long range generation goals, then it could De feasible that it would be beneficial to the City of Denton. The data from the study would give information for structuring contracts as North Texas proceeded with their pro~ect. Hopkins asked if the firm had anything to do with the firms that North Texas was working with. Nelson replied no. Lloyd Harrell, City Manager, stated that North Texas had told the City that it was their intention to proceed with a feasibility study. The study presentea would help the City determine that if North Texas did proceed with co-generation would there be some way that the City could be involved so as to lessen the impact on the Denton rate payers. McAdams motion, Alexanaer second to adopt t~]e ordinance. On roll call vote, McAdams "aye," Alexander "aye," HopKins "aye," Alford " Ridalesperger "aye," Chew aye," and Mayor Stephens "aye" "aye, ,, Motion carried unanimously. · 5. Resolutions A. The Council considered approval of a resolatio~ postponing the regular Codncil meeting of ['/arch 3, 1987. The following resolution ~a$ presented: RESOLUtiON NO. A RESO~U?[ON POS'fPONiNG '£HE RSGULAR COONCIL MEE'flNG OF MARCH 3, 1987; AND PROVIDING FOR AN EFFEC£IVE DA'£E. Mayor Stephens stated that the meeting was oeing postpone~ due to the Council's late return from a conference out of town. The meeting would De changed from March 3 to March 10. McAdams motion, Alexander second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye, Alfora "aye, Riddlesperger "aye, Chew "aye," and Mayor Step~ens "aye " Motion carrie~ unanimously. · B. The Codncil considere~ approval o~ a resolution adopting a formal investment policy for the City of Denton. · ~he following resolution was presented: RESOLU£ION NO. R87-019 A RESOLUTION ADOP'£ING AN INVESTMENT POLICY FOR CER~'AIN FUNDS FOR ~'HE CI'~Y OF DENTON, AND DECLARING AN £FFEC~IVE DATE. Alexander motion, Hopkins second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. The Council considered appointment of Deputy City Secretary. a Lloyd Harrell, City Manager, stated that this appointment was to streamline the City Secretary's office Dy shifting the licensing functions to other departments. In this case, Martha D the Planning Depa£tment would be handling the beer/~ine pe~n McAdams motion, Alexander second to approve the appointment. Motion carried unanimously. 484 City Council Minutes February 17, 1987 Page 9 7. The Council considered approval of members to the citizen's task force on beautification efforts in the City of Denton. Mayor Pro Tem Alford read the following names: Jeanne Morrison, Chairperson Jack Bell, Jr. ?. C. Bowman Mack Cocnran John Cooper Bill Claiborne Mable Devereaux Ray Gough John C. Johnson Sam Marino Ted Meador Marcia Merritt Jim Render Dorothy Scott Bette Shaw Mary LaJean Sherrill Cliff Stephens Bonnie Taylor Pat Waddle Theresa Waller Alexander motion, McAdams second to approve the members as indicated. Motion carried unanimously. 8. The Council considered authorizing the Mayor to establish a Youth Opportunities Task Force. Mayor Stephens stated that Steve Brinkman would be the staff i~aison. Chew motion, Alexander second to approve establishing the task force. Motion carriea unanimously. 9. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presente~ the following items: A. Drawing for places on the ballot for the April 4 election would be held Thursday at 11:00 a.m. in the Civil Defense Room. B. The Chamber o~ Commerce Annual Banquet woul~ be held March 26, at 7:00 p.m. Contact Mrs. Walters to make arrangements to attan~. C. The Planning and Zoning Commission an~ the Public Utilities Board recommended to the Council that an internal committee be appointed to look at the variance requirements for fire flow purposes when installing a water line. The current criteria was very difficult to meet and the two Commissions felt that revisions would be appropriate. The committee would be made of two members of the Planning and Zoning Commission, two members of the Public Utilities Board and one City Council Member. If the Council was in agreement, a member would be selected. D.. Denton County Day will April 7. Council was encouragea to let Mrs. Walters know who would be going and when. 10. There was no official action taken on Executive Session items of legal matters, real estate, personnel or Board appointments. 11. New Business Mayor Stephens presented the following items: A.. Each of the Council members was presented with a momento from the Texas War on Crime Conference that he attended ~n an effort to call attention to that committee's work. B. Stated that no one from the Planning an~ Zoning Commission was represented on the Capital Recovery Fee Committee. He was requesting that the Planning and Zoning Commission select two members to be included on the committee. Consensus of the Council was to proceed. City Council Minutes February 17, 1987 4 8 5 Page 10 C. Asked staff to Prepare a resolution in SUpport of local Churches as they plan a City-wide function. Rev. Hollier had approached the Mayor regarding this item. Consensus was to Proceed. Council Member MCAdams line installed at the asked for information relating to . Phoenix Apartments, a - the gas emergency system in SUch cases as those B~ __nd a report on t~e Apartments. t .... uuCUrre~ at the Phoenix The Council considered Item #3 from the work session 3. The Council ' Ordinance. received a report on the vicious animal Lloyd Harrell, City Mane ordinance idea brought ~.~r, stated that this - ~ . = u~ore the Council b~, o~as~a refinement of an ?geld, Oirector of me bers. proper~ !~) did the Ordi~embers had review=jcl una~ there were restrai~e~U~ committee felt "%~ ap~y to animalT'~~nOse issues (2) ..... ~ ~u Prevent cont=~ ~' ~ne animal ~ ~an Owner, t~ -the ~Committee ~ ~=r,=nc necessaru ~.~uurse of _ ~ proof shOuld ~zu, Yes, som~ ~ .... -~ wu~n a comul~2 preliminary in~=~' qe a doctorro~v~ ok in3ur~ ..... ~- ~u~ was all ooc,~t~ _Y-°~ga~on be a ..... ° suatement, j~s needed an- n~n= ~'u~u~a~lon was i ...... ~u~ Dy A~lmal n~_ J~ Shodld there ~k%[ ~ \-~ ~.]o WOuld be ~ .... '= uummlttee fe~* well as ~.2~.PersOn' (5) shou~l'?°se~ of a doci~ ...... ~uuee felt animals. ~[%~,o--,~ne committee ~2 [ne ordinance ao;Sk' I vet, and ...... ' ,~, was tn~ ~ . ~u, yes, p , t~z ~uus~ltute due - _ = nearing ,,D,.~ ~ 1~ sno~lG april-,, V1Cion~ - PrOcess, [7~ ~ ~= ~rocess,, ~ : = ~ =u ali ~ 7TM shOUld it ~ ~''' IE an anima~ ~ law--it u=penqing on the _ ~. uestroyed__th~ ~ 'was found committee h~ ~= uOnqltions o~ ~ = committee ~,~ ~ ~uy as at th ~ urn yet com~let=~ .t ~ne threat. A~ ~J~' sometimes e Animal Control = =~ w~s the option of ~cem =.that the Process. =nuer or at a vet du%i=P~ng une animal but area vets felt that the ....... - Animal Control Center The committee was in ~avor ok the ng the hearing uwnur shOUld have a choice. Debra Drayovitch, City Attorney, stated that situations COuld arise that if an animal ~ere ordered destroyed the vet might not sur the animal. Also, there WOuld be render in ooarding the animal at the vet's ~he question of the f during the hear~-~ - ee involved The Council returned to the regular agenda Order. ~u~ process. 12. The Council reconvened into the Executive Session to discuss legal matters, real estate, Personnel appointments. No official action was taken, and Board Wit~ no further business, tee meeting was ad]ourned. CITY OF DENTON, TEXAS 1870s PAGES 486-500 were not used