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Minutes May 05, 19922O8 CITY OF DENTON CITY COUNCIL MINUTES MAY 5, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in claim of Mr. Winterrowd), real estate (held a discussion regarding a lease agreement between the City of Denton and Morrison Million Company and gave staff direction) and personnel/board appointments (considered an appointment to the Board of Adjustment). 2. The Council received a report and held a discussion regarding the Human Services Committee preliminary recommendations for 1992- 93 budget. Dorothy Damico, Chair-Human Services Committee, stated that the Committee recommended approval of a human services budget allocation sufficient to fund preliminary recommendations for use of both Community Deyelopment Block Grant and general fund dollars to provide human services. The Human Services Committee also recommended that in the event the general fund human service budget amount was increased or decreased from the amount recommended that HSC be allowed to provide alternate recommendations within the approved budget figure. During April, the Human Services Committee held funding hearings in order to assess needs, program services and discussed funding amounts with requesting agencies. Committee members questioned agencies as to the perceived need, activities the agency would implement to meet the need, budgetary and personnel concerns. The following agencies were recommended for funding in the amounts indicated from the funding source deemed most appropriate by HSC. Community Development Block Grant Hope, Inc. MLK Kid Connection Prenatal Clinic TWU Cares $16,000 $13,626 $24,000 $21,374 General Fun____~d Community Food Center SPAN Friends of the Family Fred Moore Child Care Cntr City-County Day Nursery $ 2,800 $26,000 $33,000 $28,000 $20,000 City of Denton City Council Minutes May 5, 1992 Page 2 RSVP HOPE, Inc Court Appointed Special Advocates Literacy for America $ 7,000 $ 5,000 $ 5,000 $ 3,000 The agencies which received money from CDGB knew that those funds were available for this year but possibly would not be available for next year because if there were other community development projects which were more important, these projects would receive the funding next year. The new agencies which had applied for human services knew that their money was start up money and would be for a maximum of three years. Some agencies had received human services money for a number of years. Those were agencies which were serving long standing needs in the community. SPAN money was for social services. The two child care facilities might find their funding different next year as there had been some difference in the federal funding. The money for the Community Food Center paid for the utility bills. HOPE, Inc. would be receiving money both from the tax fund and from CDGB. There were two new agencies proposed to receive funds. Court Appointed Special Advocates followed children through the court system when they were adopted or taken out of an abusive home. Literacy for America was the other new agency. All agencies would receive matching federal dollars and all had volunteers to help serve the agency. Council Member Trent asked how the money would be used for the literacy program. Damico replied that the money would be used to purchase teaching materials to teach reading to adults. There were no paid positions in this program. Council Member Trent indicated that there were corporate programs in Denton which would possibly pay for the materials and suggested that that be looked into. 3. The Council received a report and held a discussion regarding the Community Development Block Grant Committee recommendations for 1992-93 budget. Curtis Ramsey, Chair-Community Development Block Grant Committee, stated that the Committee held public hearings during the month of February. It also held hearings allowing City departments to provide information on requests for specific projects. The Committee was informed of the number and dollar amount of requests for funding by human ~e~vice agencies. The human service information was provided in order to assist the Committee in determining what amount they would provide to the Committee for 209 210 City of Denton City Council Minutes May 5, 1992 Page 3 human service agency funding. The following was the recommendation of the Committee regarding the funding requests: Alexander St. Drainage Carpenter Rd. Wastewater Carpenter Rd. Water Service Community Sidewalk Repair Demolition Evers Park Playground Housing Rehab Program Human Services Setaside Administration Setaside $102.820 $ 75.000 $ 31500 $111 330 $ 15 000 $ 15 000 $250 000 15% cap 20% cap RECOMMENDATIONS $102,820 $ 0 $ 0 $105,300 $ 15,000 $ 8,621 $250,000 $ 75,000 $139,000 The CDBG Committee recommended that the Evers Park Playground Equipment project be completed using $6,379 in residual 1990 Administration funding. These funds would normally be transferred for use in the Housing Rehabilitation Program. Funds recommended for the Community Sidewalk Project would defray general fund or CIP expenditures for sidewalk repairs. Funds recommended for human services affected the recommendation of the Human Services Committee for use o~ general fund dollars for humans services. Some CDBG administrative funds were used to reimburse the salary expenses of selected employees who were paid from the general fund and provided services to Community Development. The Community Development staff were paid from the CDBG Administrative and Housing Rehabilitation accounts. Council Member Trent asked why no dollars were being allocated for the Carpenter Road project and $139,000 was being set aside for administrative costs. Ramsey replied that the administration setaside operated the program. The Carpenter Road project was an extremely large unidentified area of the problem in the City. For CDBG to get involved in the project might have meant a policy decision made in advance of the Council. Since the budget hearings, there had been a clarification of the project and CDBG was now prepared to hold further deliberations with the possibility of providing an amended recommendation at a later date. The Committee saw the problem as being very significant. Mayor Pro Tem Hopkins asked if this was the property annexed at the request of the DISD. City Manager Harrell r~Hlied yes. He stated that the policy of the City had been that it was the responsibility of the property owners to extend water and sewer service to their property. Once it was 211 City of Denton City Council Minutes May 5, 1992 Page 4 extended and the City accepted those lines, it then became the responsibility of the City to maintain those lines, etc. The Public Utilities Board had considered this problem in the past and had recognized that there were areas in the City which had substandard sewer and water services. A small amount of money had been set aside to help with the program. Mayor Pro Tem Hopkins stated that the property was annexed at the request of the DISD when they had decided where to build the new high school. There were a lot of problems in the area and policy decisions needed to be made by Council. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Sessions of April 7, 1992 and April 21, 1992; the joint session of April 10, 1992 with the Denton Independent School District Board of Trustees, and the Special Call Session of April 28, 1992. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented the following proclamations: National Preservation Week Literacy Awareness Week Nursing Home Week 3. The Council held a public hearing and considered approval of a variance to the Subdivision Regulations for the Pilot Park Estates Subdivision. The variance would exempt the applicant from the requirement that cul-de-sacs be no more than 1000 feet in length. (The Planning and Zoning Commission recommended approval 5-0 at its April 22, 1992 meeting.) 212 City of Denton City Council Minutes May 5, 1992 Page 5 Frank Robbins, Executive Director for Planning, stated that there were three items associated with this proposal. In this case, the proposed cul-de-sac within the subdivision was approximately 1700 feet long. Pilot Park Estates was a proposed 19 lot residential subdivision on the western shores of Lake Lewisville, in the extraterritorial jurisdiction. The Planning and Zoning Commission determined that the applicant had met all three criteria for a variance as set forth in the Subdivision and Land Development regulations which included: (1) granting of the request would not violate any master plans as defined by the Subdivision Regulations - no violation was found, (2) the special or peculiar conditions upon which the request was based related to the topography, shape, or other unique physical features of the property which were not generally common to other properties - the property had not been developed and the owner had not taken any action which would relate to the building of a cul-de-sac, and (3) the special or peculiar conditions upon which the request was based did not result from or was not created by the owner or any prior owner's omission. The Planning and Zoning Commission, because of the unusually narrow shape of 'the property and the fact that the property was almost surrounded on three sides by Pilot Knoll Park, determined that it would not be reasonable to stub out a street to adjacent property, or provide a second access from the existing perimeter road. None of the mentioned unusual conditions was created by the owner or any previous owner. The Mayor opened the public hearing. Tim Fleet, petitioner, stated that he would like to speak to the sidewalk variance and was also in support of this variance. No one spoke in opposition. The Mayor closed the public hearing. Trent motioned, Perry seconded to grant the requested variance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered approval of a variance to the Subdivision Regulations for the Pilot Park Estates Subdivision. The variance would exempt the applicant from the building of sidewalks along both sides of an interior street. (The Planning and Zoning Commission recommended approval 5-0 at its April 22, 199Z m~ting.) Frank Robbins, Executive Director for Planning, stated that since 213 City of Denton City Council Minutes May 5, 1992 Page 6 the development was over 8000 feet from a City of Denton water line, it was exempt from perimeter street paving and sidewalks along the perimeter street. It was not exempt from the interior sidewalk requirement. The Planning and Zoning Commission determined that the criteria for a variance as set forth in the Subdivision Regulations had been met. Because of the unusual physical condition of the property and the fact that it was almost surrounded on three sides by Lake Lewisville and Pilot Knoll Park and was heavily wooded, sidewalks would not be either well-used nor ecologically reasonable. None of the unusual conditions were created by the owner or any previous owner. The Mayor opened the public hearing. Tom Fleet, petitioner, stated that he was requesting a variance of the sidewalk requirements. The site was very heavily wooded and many trees would have to be removed to install the sidewalks. Approximately 800-1000 trees would have to be removed for the sidewalks. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Smith seconded to grant the variance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 41 Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Bid #1341 - Toxicity Testing Bid #1352 - Type I Ambulance PO #24225 - General Electric B. Plats and Replats Considered the preliminary plat of Lot 1, Block A, of the Exposition Mills Addition. (The Planning and Zoning Commission recommended approval 6-0 at its April 22, 1992 meeting.) 214 City of Denton City Council Minutes May 5, 1992 Page 7 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1341, 4.A.2. - Bid #1352) The following ordinance was considered: NO. 92-072 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. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "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. (4.A.3. - PO#24225) The following ordinance was considered: NO. 92-073 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 motioned, ~Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye" Hopkins "aye", Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Mobil Natural Gas, Inc. for the Durchase of 8pot market natural gas; and authorizing %he expenditure of funds. 215 City of Denton City Council Minutes May 5, 1992 Page 8 The following ordinance was considered: NO. 92-074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND MOBIL NATURAL GAS, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. Mayor Castleberry noted that this item was not on the Consent Agenda and asked for a staff report. Perry withdrew his motion and Smith withdrew her second. Jim Harder, Director of Electric Utilities, stated that Items C, D, and E were related and would present background information on all three. The present gas purchasing contract with Lone Star Gas allowed the City to purchase gas from the parent company, Ensearch Corporation, through direct delivery at the Spencer Generating Plant or at the Lone Star pipeline. The proposed ordinances would allow the City to spot purchase gas on a monthly basis with Mobil, Trinity or Tristar. Bids would be received on a monthly basis and the City would approve the lowest bid of the three companies or look back to Ensearch for the lowest price. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Trinity Pipeline, Inc. for the purchase of spot market natural gas; and authorizing the expenditure of funds. The following ordinance was considered: NO. 92-075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRINITY PIPELINE, INC. FOR THE PURC~L~SE OF SPOT M/%R/fET NATtrI~%L GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 2,16 City of Denton City Council Minutes May 5, 1992 Page 9 Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Tristar Gas Company for the purchase of spot market natural gas; and authorizing the expenditure of funds. The following ordinance was considered: NO. 92-076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRISTAR GAS COMPANY FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", ~lexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance renaming Terlingua Street to Nicosia Street. (The Planning and Zoning Commission and Historic Landmark Commission unanimously recommended approval.) Frank.Robbins, Executive Director for Planning, stated that Dr. Perry had suggested that the street be renamed. Notice had been made to all abutting property owners and no objection had been made. No objections were heard at the public hearing held at the Historic Landmark Commission meeting and the Planning and Zoning Commission meeting. The following ordinance was considered: NO. 92-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF TERLINGUA STREET TO NICOSIA STREET AND PROVIDING FOR AN EFFECTIVE DATE. 217 City of Denton City Council Minutes May 5, 1992 Page 10 Perry motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Exposition Mills of Texas, Inc. to provide for the construction of an oversized water main; and authorizing the expenditure of funds therefore. (The Public Utilities Board and Planning and Zoning Commission recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this was a contract between Exposition Mills and the City of Denton for an oversizing of approximately 1100 feet of the water line going to the Exposition Mills Outlet Center. An eight inch line was needed with the City requiring a twelve inch line. The cost to the City would be $14,850. The Public Utilities Board had reviewed the proposal and recommended approval. The following ordinance was considered: NO. 92-078 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTONAND EXPOSITION MILLS OF TEXAS, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving a lease agreement between the City of Denton and Morrison Milling Company; and authorizing the expenditure of funds. Lloyd Harrell, City Manager, stated that there were substitute pages 8 and 8A for the contract 5.H.2. Bruce Hennington, Superintendent of Facilities Management, stated Morrison Milling Company would lease approximately 48,000 square feet of the donated Moore building. This lease involved an unused portion of the building and would allow the city to make use of the vacant warehouse space within the Moore facility without a negative impact on the City's future space needs. 218 City of Denton City Council Minutes May 5, 1992 Page 11 City Manager Harrell stated that one of the findings of the comprehensive space study was that the Moore space would not be needed for any City function for at least 10 years. The backup materials indicated that the cash flow to the City over the 10 year period of time, depending on the amount of improvements needed to be made, would vary between over $700,000 as a high to $550,000 as a low. That would help the City with the Law Enforcement Center and provide flexibility for remodeling of the current police facility. Mayor Pro Tem Hopkins stated that everything possible had been done to protect the neighborhood and a truck route would be designated within the next few weeks. The City had always wanted, in the economic development packages, to help the local businesses. This would help the City and help Morrison Milling with space they needed. Council Member Perry stated that the lease would enable the City to better preserve the building and would be easier to maintain the building. The following ordinance was considered: NO. 92-079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. Debra Drayovitch, City Attorney, stated that Council Member Chew and she had worked on some additional wording and he was requesting a change to one section. Section 7.01 line nine should read "include, at a minimum,,, ' Council held a discussion regarding the proposed changes. On roll vote, T~ent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance approving a purchase and sale agreement between the City of Denton and the Federal Deposit Insurance corporation for 200 acres of real property; and authorizing the expenditure of funds. City of Denton City Council Minutes May 5, 1992 Page 12 219 Lloyd Harrell, City Manager, stated that this proposal would put under contract approximately 200 acres of land located in south Denton for the purpose of creating a City park. There was a major need in the community for park property in this part of the City. As the various neighborhood meetings were being conducted, it was the opinion of the residents that more park property was needed in that area. Through negotiations with the Federal Deposit Insurance Corporation, the City had come to an agreement to offer $500,000 for the 200 acres. The City felt this was a tremendous buy. Appraisals of the property over the last five years varied the value from $710,000 to $2 million. The independent appraisal done by the City was $1 million. The contract gave the City 45 days to close on the property and during that time period, the City would be doing an environmental assessment of the property. There were two options to obtain the $500,000. One was the $2.7 million park bond issue. It had been previously estimated that $200,000 would be needed to acquire park property and part or all of the $500,000 could come from that bond issue. The second option was $600,000 of interest income which was not specifically designated for park purposes'but would be an eligible expenditure. A portion of the property would be developed with basic recreation needs for the neighborhood but most of the property would not be developed. The Planning and Zoning Commission, the '9! Committee and the Park and Recreation Board had recommended approval of the purchase. Dalton Gregory, Chair-Park and Recreation Board, congratulated the Council on the expected decision to approve the purchase of the property. He appreciated the efforts of the Council to purchase the property without raising taxes. Mayor Pro Tem Hopkins stated that many of the residents in that area had spoken to her in the last six weeks that they had a dream for additional park land in that area. She stated that the original vision to make this piece of property into a City park area was Lloy~ Harrell's. She thanked the City Manager for pursuing this vision and bringing it to the Council. Council all stated that they appreciated the hard work and efforts of all involved in this project. 220 City of Denton City Council Minutes May 5, 1992 Page 13 The following ordinance was considered: NO. 92-080 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR 200 ACRES OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the City Manager to execute an interlocal agreement with Texas Political Subdivisions Property/Casualty Joint Self Insurance Fund for the purchase of certain insurance coverages; and authorizing the expenditure of funds therefore. Max Blackburn, Risk Manager, stated in 1987 when the City executed an interlocal agreement with Texas Political Subdivisions for workers compensation fund, there was no property causality fund. Recently a property causality fund had been established and in order for the City to be a member of that pool, an additional interlocal agreement needed to be approved. The following ordinance was considered: NO. 92-081 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTEANINTERLOCAL AGREEMENT WITH THE TEXAS POLITICAL SUBDIVISIONS PROPERTY/CASUALTY JOINT SELF INSURANCE FUND FOR THE PURCHASE OF CERTAIN INSURANCE COVERAGES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIUE DATE. Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution approving the funding of water and sewer lines to serve property to be 221 City of Denton City Council Minutes May 5, 1992 Page 14 developed by Exposition Mills of Texas, Inc., in accordance with the guidelines for funding and selecting development plan water and sewer lines. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this was the development plan lines for the Exposition Mills Outlet Center. This would extend the water lines and the sewer lines to the Exposition Mills property. The total expenditure would be $199,500 with water being $183,600 for 4350 feet of 12 inch water line and sewer being $15,900 for 450 feet of eight inch sewer line. The following ordinance was considered: NO. R92-022 A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY EXPOSITION MILLS OF TEXAS, INC., IN ACCORDANCE WITH THE GUIDELINES FOR FUNDING AND SELECTION DEVELOPMENT PLAN WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. Council Member Trent asked about a neighborhood wall which was to be built prior to construction. Frank Robbins, Executive Director for Planning, stated that there was a condition in the planned development district for the entire 245 acres which indicated that before development occurred on property south of Westgate a wall had to be built. This property was north of Westgate and that requirement was not applicable to this development. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered approval of the preliminary plat of Lots 1 and 19, Block 1, of the proposed Pilot Park Estates. The 22.7 acre tract was located on the western edge of Lake Lewisville, north of Orchid Hill Lane, in Denton's extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval, condition on the approval of the two recommended variances at its April 22, 1992 meeting by a 5-0 vote.) Lloyd Harrell, City Manager, stated that this was a routine item that normally would have been on the Consent Agenda. The two variances kept it off the Consent Agenda as they needed to be 222 City of Denton City Council Minutes May 5, 1992 Page 15 approved before the plat could be approved. Hopkins motioned, Chew seconded to approve the plat. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered a motion to approve additional legal services from the law firm of Lloyd, Gosselink, Fowler, Belvins and Mathews, p. C., to review the City's final negotiated contract for water treatment and transmission service and raw water sales agreement with the Upper Trinity Regional Water District. Bob Nelson, Executive Director for Utilities, indicated that staff was in the final stages of the contract with the Upper Trinity Regional Water District for selling surplus water from the Ray Roberts. and Lake Lewisville projects plus some treatment services. The contracts required a final review to insure benefits to the City. Hopkins motioned, Chew seconded to approve the additional services. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that just before the Work Session he had received a letter which he wanted to read to the Council. It was a request from John Trent for a manual recount of Place 6 election results held May 2, 1992. Debra Drayovitch, City Attorney, stated she had been in contact with Mr. Trent's attorney twice during the afternoon. The Mayor would be the Recount Supervisor and the petition had to be made to him. There were certain procedures to follow. The Recount Supervisor had 48 hours, with the assistance of the City Secretary and the City Attorney, to verify that the petition complied with all requirements of the Election Code. From that point, he would set a date and notify the other candidates. If the petition did not comply with the legal requirements of the Election Code, the Mayor would prepare and execute a notice to Mr. Trent of the defects in the petition. The Mayor asked her whether or not the fact that a recount petition had been submitted prior to the Council's completion of the canvass would be a reason or affect the Council's canvass of the vote. Section 212.033 of the Election Code provided that the fact that a petition for a recount was submitte~ pri~r to the canvass by the canvassing authority, the City Council, should not be grounds for delay of the canvass. 223 City of Denton City Council Minutes May 5, 1992 Page 16 Mayor Castleberry asked if the ruling also included a consensus of the Council to proceed. City Attorney Drayovitch stated that if the Mayor was asking whether to proceed with the Oath of Office, the State law did not address that specific question. Section 3.04 (c) of the City Charter provided for the rules of the City Council in regards to the Oath of Office. That section stated the Oath of Office should be taken as soon as possible after the election results were declared. Mayor Castleberry stated that that meant that after the canvass, the Oath of Office could be given. Drayovitch replied yes if that was the Council's desire. There was no legal impediment to not proceed. Mayor Castleberry asked if that had to be in terms of a vote or a coRsensus. Drayovitch replied t~at the item on the agenda did not provide for a consideration of the item. However, if the Council chose not to proceed, a motion would probably be made and a vote taken as to whether that Oath of Office should be administered. 9. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on May 2, 1992. Lloyd Harrell, City Manager, stated that the Council had before them the ordinance canvassing the election and another sheet executed by the chief election judge, R. B. Escue, noting the tabulations for the election. This morning the City Secretary and the legal staff were preparing the ordinance that officially would canvass the results of the election. The format of that particular ordinance specifically listed the votes by place and district for the various places both early voting and election day voting. During preparation of the ordinance, it became apparent to the City Secretary and the legal staff, that in adding the votes for early voting and election day, there appeared to be approximately 292 votes that were reflected in the subdivided vote but were not reflected in the final merged results which were released to the press and made public on Saturday night. Because of that fact, Mrs. Walters visited with Mr. Hodges, County Clerk, and it was determined that what appeared to happen was that although the subdivided totals were correct for early voting and election day voting, that when those two items were merged with the computer operation there was a clerical error made and the early votes for 224 City of Denton City Council Minutes May 5, 1992 Page 17 District Three were not entered into that merged activity. The final results that were given out to the City after being run through the computer operation did not include those 292 votes. Mr. Hodges and Mrs. Walters worked on that this morning and the results of the merged totals had been presented to Council. By merging the 292 votes to the total none of the end results changed. ' Tim Hodges, County Clerk, presented the following information to Council: "Mr. Mayor and Council Members, I am Tim Hodges, the County Clerk and Chief Elections Officer for the County. And I must tell you that I am happy to be here tonight but not happy to be here under these circumstances. Quite frankly, this is a very humbling experience because our County works very hard at making sure that the integrity of elections is 100% sure. As an elected official, I know how it is on election night. To sit and wait on results and results come down and perhaps you think you have won and then you start hearing a rumor,'well, there is a problem,. I have been involved in elections here in Denton County for five years and I can tell you that elections is one of my highest priorities because it is very touchy, to say the least. Since I first got a phone call, I have gone back and because of our system that we have, it contains a logging printer that logs every single thing that goes on once we start. And I can rebuild every entry, every stroke of the keys of the computer and put the pieces of the puzzle together to the point that of utter confidence. I have questioned thoroughly my staff. I was out of town of Saturday night. I apologize for that but I had a previous out-of-town commitment and could not be there. But at any rate, the staff, in which I have great confidence I might add, I have questioned them thoroughly and I believe I can tell you exactly what happened. The absentee votes were tabulated in their entirety, all four districts. At 7:32 p.m. a total was run. Here is a copy of that total. This total is correct. Following that point, they began working on election day totals. Coincidentally and for no particular reason, the first precinct that was started was District Three. And, here again, I was not in the room so I can't tell you why District Three. I am sure Jennifer just probably reached into the box and took out the first one she picked up. District Three was the first one that was handled. As soon as she ran that box, she realized that she had not changed the computer from absentee to election day. So she backed District Three out, changed the designation to election day precinct. They went forward and the totals were run. Now, at the end of the evening, it was discovered that the original of this absentee final report that was correct was gone. Somebody had picked it up and taken it outside and given it to the press or City of Denton City Council Minutes May 5, 1992 Page 18 225 whatever. I don't know who got it or where it went but the original was gone. So another one was run and I think Jennifer can attest to that. Another one was run but the problem was that precinct three that they backed out wasn't put back in. So when it was run, that total did not reflect those totals. It is a human error and what can I tell you? We are human. Now, I will tell you this. When Jennifer and I talked today, I made two observations to her. First observation, there were too many people in the room. It was noisy, there were too many questions and it was very confusing for my staff who are used to working under very close conditions in the count room, as they should. Second observation, and it is unfortunate, but the totals went out without my tabulation supervisor reviewing the totals as is our standard procedure. And once again, it was just a situation where I know everyone is anxious to get the results out as quickly as possible and it happened. But they went out and nobody knew anything different until later somebody discovered the numbers did not add up. As I told you before, I have 100% confidence in the integrity of this count. I would not stand here as a resident of Denton County, as an elected official and probably most of all as a Chief Elections Officer for this County and tell you that unless I honestly felt that way. Because if there is any question, it's going to ultimately come back on me and I understand that and I'm ready to stand here and take any question that you have. But I believe the totals are good. Once again, I do not like standing here under these circumstances. But I believe we have a clear picture of exactly of what happened on Saturday night." Jennifer Walters, City Secretary, indicated that the "she" Mr. Hodges was referring to was his tabulator and not herself. Mayor Castleberry read the figures for the canvassing ordinance. The following ordinance was considered: NO. 92-082 AN ORDINANCE CANVASSING THE RETURNSAND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON MAY 2, 1992. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 10. Oath of Office administered to newly elected Council Members. 226 City of Denton City Council Minutes May 5, 1992 Page 19 Mayor Castleberry asked for a vote by the Council on whether the Oath of Office should be given to Dr. Brock in Place 6. He asked if the recount should change the outcome of the election, then the Oath of Office for Place 6 could be rescinded. City Attorney Drayovitch replied that if the recount changed the results of the election, the Council would make another canvass and start from that point. Alexander motioned, Chew seconded to proceed with the Oaths of Office. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The Oath of Office was taken by Bob Castleberry, Mayor; Jack Miller, Place 5 and Euline Brock, Place 6. 11. The Council elected a Mayor Pro Tempore. Smith motioned, Chew seconded to nominate Jane Hopkins for Mayor Pro Tempore. On roll vote, Brock "aye" Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "ayeI,, and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered a resolution of appreciation for Jim Alexander. The following resolution was considered: A RESOLUTION OF APPRECIATION FOR JIM ALEXANDER Chew motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye" Motion carried unanimously. ' 13. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The amnesty program on outstanding warrants was over. $12,221 was taken in during that period. The Police Department began issuing warrants at 6:00 a.m. this morning. B. Staff was beginning the planning process for the Council Planning Seminar. He asked for Council representatives to help in 227 City of Denton City Council Minutes May 5, 1992 Page 20 that process. Mayor Castleberry asked Council Members Smith and Perry to assist staff with that planning process. Mayor Castleberry presented Certificates of Election to Council Members Miller and Brock. 14. The following official action was taken on Executive Session items considered during the Work Session: A. Smith motioned, Perry seconded to appoint John Baines to the Board of Adjustment. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Hopkins requested that the sign ordinance be reviewed for possible revisions. She also questioned the City's banner across Locust Street for "Drinking Water Week" as it was her belief that the Council had decided not to hang any more City banners. B. Mayor Castleberry asked that other provisions of the sign ordinance be reviewed such as face change provisions. 16. There was no Executive Session held during the Regular Session. A member of the audience requested that the Mayor present a proclamation for Nursing Home Week. Mayor Castleberry read again that proclamation. With no further business, the meet~s~9:05 p.m. FER "A ,TERS C %Y\SEC T Y CIT~3DF DENTON, TEXAS ACC00086 CITY OF DENTON, TEXAS ~ /