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Minutes November 01, 1994.1.77 CITY OF DENTON CITY COUNCIL MINUTES November 1, 1994 The Council convened into a Closed Meeting On Tuesday, November 1, 1994 at 5:15 p.m. in the Civil Uefense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered action in City v. Juren and Alexander. (MLK Center) Considered settlement offer relating to Tina Jackson claim. Considered settlement offer for claims of Frederick James Johnson, Sr. and Arron T. McCoy, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, November 1, 1994 at 6:00 p.m. in the City Counc-il Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith 1. The Council held a discussion and gave Staff direction regarding the desirability of forming a Capital Improvements Citizen Committee. City Manager Harrell stated that this particular subject, item was brought before the Council at the October 4th meeting and the Council voted to postpone further consideration until November 1. With the urgency of the issue somewhat diminished, the logic of forming ~. broad based citizen group as was done for the 1986 bond issue would argue for appointment of a citizen group in the spring or summer of next year. He stated that unless it was Council's desire, he would not go through the various reasons Staff outlined to postpone appointment of the committee. Staff's recommendation to the Council was that a more logical time would be the spring or summer of next year. Council Member Miller agreed that it made sense to defer the item. He asked that in the meantime information from the 1986 bond election be furnished to the Council; for example, beginning with 178 City of Denton City Council Minutes November 1, 1994 Page 2 what happened with Planning and Zoning, a copy of the resolution forming the committee and the schedule of events that year. He felt those items would give the Council an idea of how to plan for this committee. He said since the 94-95 funding year had already been taken care of he assumed the Planning and Zoning Commission would allow a fifth year, 1999-2000, to be added. Miller motioned, Perry seconded to direct Staff to provide Council information on the formation of the 1986 bond committee. On roll vote, Cott "aye", Brock "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", and Chew "aye". The motion carried unanimously. 2. The Council held a discussion regarding TMPA activities and gave Staff direction. Mayor Castleberry welcomed the members of the Public Utilities Board present, John Thompson, George Hopkins, and Bob Copeland. Mr. Harpool stated that Bill Giese and he had planned to give the report but Mr. Giese could not be present due to a family emergency. Harpool stated 1994 had been a busy year for the TMPA organization where Bill Geese and he had been proud to represent the City on the Board of Directors. The Council had attended the American pUblic Power Association meetings and the last two years have been full of the profits of doom and the pitfalls that were facing the electric industry. There was great talk of the electric industry being decentralized similar to the telephone industry. This had created a lot of talk and posturing on the part of all sides where major companies could get retail wheeling and come in and sell some of the City's customers. He said in the final analysis the TMPA representatives may need to protect the City's interest in the legislature. He thought it. would be a few years from now but that they were trying to get the City in a position to be as competitive as possible. In May, the City authorized a study by Burns and McDonald for a fuel supply study. That work had been ongoing and Mr. Kye Harris, with Burns and McDonnell, was to give that report to the Board Wednesday night and Thursday at the regular bi-monthly Board meeting in Carlos. The report suggested that the interest of the cities in the TMPA might best be served by switching from lignite coal to Powder River Basin coal as a source that would save considerable money over the long term. There were a number of things being done to have this evaluated from every stand point, including permits from the State for railroad spur relocation, and closing down the mine. It appeared from the first interim report on power supply analysis that it could be something very positive that would help to keep the City in a competitive._ position all the way through on electricity. 179 City of Denton city Council Minutes November 1, 1994 Page 3 Council Member Cott asked what was the total interest outstanding at the beginning of the fiscal year, at the present, and projected for the end. Mr. Harpool stated that he could get that i~formation but it was a fairly substantial figure. He explained outside the fuel cost and interest were payments on the debt and when a billion dollars was owed, it ran into money. Council Member Cott suggested that the City might want to continue to look at those three figures because the amount 'of interest and amount of principle of debt was the key to what the City could do in that business. Council Member Chew asked if there were Plans for expansion on the table. Mr. Harpool stated nothing was in the mill at that time. The City's work with demand-side management and keeping total consumption at a much lower level than was originally projected had gone a long way to extend the life of the plant to meet the needs of the cities. Closer to the year 2000 the TMPA will have to consider alternatives whether to upgrade the system. Council Member Chew asked if there had been any comparisons or forecasting on what the gas rates would be in competition with the lignite coal. Mr. Harpool stated that TMPA representatives had asked for proposals from the natural gas companies. Those proposals would be presented to the Board at the next meeting. It might be entirely possible to buy gas and electricity cheaper than it could be produced. Council Member Chew asked how the retail wheeling was looking coming to Texas from other areas. Mr. Harpool stated that it still had not gotten off the ground, fortunately for Denton. The City would not like to be in that type of position at this time. Council Member Chew asked if there were plans to talk with the State Legislators regarding passing legislation to protect the City against this happening in the future. Mr. Harpool stated the Texas Public Power Association had taken a strong stand on that. 180 City of Denton city Council Minutes November 1, 1994 Page 4 Council Member Perry asked if Mr. Harpool had an understanding of how the conversion to coal would affect the unit cost of producing electricity and how that might impact the cost to the City of Denton. Mr. Harpool stated that a test run would be necessary to see if it would work or not. Theoretically, it would generate large savings but felt it was a little premature to say with any certainty. council Member Miller asked Mr. Harpool if it would be a major change to go to coal from the lignite in terms of changing equipment, technology, and so forth. Mr. Harpool stated that the largest change would be getting the railroad spur in with the proper unloading facility. Council Member Miller asked if there were any projections on the time frame in making the switch if this was the way the City of Denton chose to go. Mr. Harpool stated that a test run would be done within the next 30-60 days. If the results were favorable the City would begin working after the first of the year. Council Member Miller stated that he thought one of the major savings was the maintenance costs of the facility. Reduced cost of maintenance and increased length of the life of the plant would be major factors Mr. Harpool stated it would be one of the factors included that would project the profitability to the City. Council Member Brock asked if there was a move among other cities to alter their relationship with TMPA in any way. Mr. Harpool said all the cities were scared earlier in the year when the horror stories started coming out. He did not think there was any way four cities could do that and it notbe an upheaval as far as the overall bond market was concerned. Mayor Castleberry asked if there was any one on the Public Utilities Board who had a question. Mr. Harpool stated that as the study was completed and TMPA representatives were ready to reach some conclusions, he would like to come back to get Council's acquiescence in those areas because it was going to be far reaching and felt it was very important for the Utility Board and the Council to be fully aware of the decision City of Denton city Council Minutes November 1, 1994 Page 5 making process and the decisions that had to be made in order to be sure the City of Denton was on the right track. Mayor Castleberry expressed the Council's appreciation for the TMPA representative's efforts and said the Council would like to have reports from them updating the Council from time to time. Mr. Chew also suggested that the Public Utilities Board come to give the Council an update as well. city Manager Harrell mentioned that he, Mr. Nelson, and Mr. Copeland had some conversations with Mr. Harpool and Mr. Giese and wanted to make sure that Council was aware of those conversations to' encourage the members of TMPA to work towards the point where TMPA could offer the various cities some kind of project. He said before the City could consider any options regarding repowering the city's unit or buying electricity from some other source, it had to get in a position where TMPA offered a project which the City could decline. Once that was done theCity would still be bound to all the debt obligations for the original Gibbons Creek No. 1. As Mr. Harpool said, there was no way the City could divorce itself from those obligations. If the City could get TMPA to offer up a project that the City could decline to participate in then that opened up a window for the other options that the City was looking at with the power supply study that was underway. Me stated if Council had any concern about that encouragement informally given to Mr. Harpool and Mr. Giese, it would need to be discussed because they had been strongly encouraged to persuade the other TMPA Board Members to initiate the project and give the City the flexibility the Council felt was so important. Mayor Castleberry thanked Mr. Harpool and Mr. Giese for being the City's representatives on the TMPA Board. Mayor Castleber~y stated that Mr. Harpool's position as President was a first for Denton. Mayor Pro Tem Brock asked the City Manager to elaborate on his comments that declining to participate in a project would open up other opportulities. City Manager Harrell responded that the way the power sales agreement was structured when TMPA was formed made TMPA's offering up an additional project a key point in the relationship. Until TMPA offered up a project the City was prohibited from doing anything with the power plant %hat the City r~lied on for 35% of its power. The City did not get all the power needed from TMPA. The City relied upon the power generated in its plant and the power that was traded back and forth with other sister cities. For example, the City was operating units that everyone acknowledged to City of Denton City Council Minutes November 1, 1994 Page 6 be inefficient units. If the City was going to continue to operate most effectively it needed to repower those units and seek other alternatives. At the time the City was prohibited from doing that. The City could not increase the amount of generation that it had coming out its system until the point came that TMPA offered up a project and the City formally declined the project. Then the window opens up for considering all other alternatives available to address the City's own power needs. Council Member Brock asked if this was more of a legal technicality. City Manager Harrell stated it was more than a legal technicality. In all the legal opinions the City had, until a project was declared, the City was bound solid. As Mr. Harpool alluded to, there may be some other legal way to free up the cities to look at options besides TMPA declaring a project but the City's representatives had not been able to find that up to this point. He said both Mr. Harpool and Mr. Giese had pledged to work very hard to give the City that flexibility. Mr. HarpooI said he and the other representatives were quite aware of the City's need to have more say on the future of it's electrical set up and they would certainly work towards that goal. Council Member Chew stated that the Council should let TMPA know that it really wanted to push to get that project on board. The Council needed to back the City Manager in that effort. 3. The Council discussed and gave staff direction regarding Council attendance at the UNT and TWU Board of Regents meetings. Mayor Pro Tem Brock stated that there had been previous discussions on this issue. She agreed with comments that a good relationship existed with the two universities and did not wish to propose anything adversarial. The purpose for the discussion was to move the City in the direction of working together with the universities and making everyone aware of what the other was doing. As an example, at the Visioning cabinet meeting the two universities aha the North Central Texas College made presentations concerning their long range master plans and how those master plans affected a number of things relating to the City's planning. If the universities were planning to acquire cmrtain properties, realignment of certain streets, or any expansion would be affected. Through the visioning project the City had moved in the direction of working together as a community, wi~h the universities being a major and consciously active part of the community. She said a closer relationship was needed. Having that kind of information 183 city of Denton City Council Minutes: November 1, 1994 Page 7 and letting the universities know what the City's long range plans would certainly help tremendously. Regular attendance at the Regents meeting would be a step in that direction. Those meetings would be open to the public and everyone would be able to come. Nonetheless the Council could inform the Regents ahead of time of who would be attending specific meetings. Council Member Perry stated that one of the things that underscored how well things were working was that the City had access to information as needed on a wide scale. Perry stated that he saw no real necessity in having a member of the Council meet with the Boards of Regents. Council Member Miller suggested that first the Council have a dialogue with the administration of the two universities to see if they felt it was a good idea based on the reasons Mayor Pro Tem Brock stated. Secondly, Miller stated the City would be meeting with the Board from those universities that come from across the State of Texas and may not know Denton~ It would give the Regents an opportunity to know the Council and have a dialogue with them. Miller suggested that was just one more step in improving the existing relationship with the universities. Mayor Castleberry commented that he did not feel the city needed to have someone there on a regular basis but perhaps a Council Member might like to attend and would attend with prior notification of the respective president and chancellor. council Member Chew asked if meetings were open to the public. Mayor Castleberry responded yes that were open to the public like the Council's. - Mayor Pro Tem Brock motioned to setup a more formal relationship with regular attendance at Regents Meetings. Council Member Miller seconded the motion and included that the Council coordinate with the administration of the two universities. On roll vote Council Member Cott "aye", Mayor Pro Tern Brock "aye", Miller "aye", Mayor "nay', Perry "nay", and Chew "nay". Mayor Castleberry indicated that because of the 3-3 tie vote, the item would be readdressed at the next meeting. Veronica S. Ogle~b~ Deputy City Secretary City of Denton, Texas B.ob Castleberry, Mayo~ City of Denton, Te ~ City of Denton City Council Minutes November 1, 1994 Page 8 The Council convened into a Regular Meeting on Tuesday, November 1, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith 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 September 6, 1994 City Council meeting. Perry motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered Item 910. 10. New Business Loyce Wilson, Parks and Recreation Board, stated that the construction of the Eureka! playground was going well. The money had been raised to construct the project as they wanted. She encouraged everyone to attend the construction site and help with the building of the playground. The Mayor presented a proclamation for Denton Main Street. 3. The CoUncil considered an exception to the noise ordinance for the Capracho Show at the North Texas Fairgrounds on November 19, 1994 from 8:00 p.m. - 1:00 a.m. Veronica Oglesby, Administrative Assistant, stated that the request wa~ for a ~how at the Fairgrounds on November 19, 1994 from 8:00 p.m. to 1:00 a.m. The City's noise ordinance required an exception for the use of loudspeakers after 10:00 p.m. Mayor Pro Tem Brock stated that the performance was inside the exhibit hall. Oglesby replied correct. 185 City of Denton City Council Minutes November 1, 1994 Page 9 Council Member Perry asked if the group had been operating until 1 a.m. at the Fairgrounds. Oglesby replied that in the past, they had been operating until that hour. The group was here at the request of the Denton police officers as they had received calls from the neighbors regarding noise The officers suggestedthat the group receive the exception. Council Member Perry felt that this request was for a very late hour and urged the Council to disallow the late hour. If this group was accepted until 1:00 a.m., other groups might follow and this would be a regular Saturday situation at the Fairgrounds. Perry motioned, Chew seconded to restrict the time exception to midnight. Council Member Chew asked if this was a once a month event. Oglesby stated that in the past these functions had been once a month. Council Member Miller asked if there would be sufficient time for the event if the exception were only until midnight. Oglesby replied that the 1:00 a.m. time frame was used because in the past people did not arrive until 9:00 p.m. or 10:00 p.m. and in order to have the people get their money's worth, the event went until 1:00 a.m. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council held a public hearing and considered adoption of an ordinance rezoning a .3903 acre tract from a general retail (GR) district to commercial-conditioned (C[c]). The site was located on the south side of University Drive, approximately 480 feet east of Primrose Street at 1801 W. University Drive. (The Planning and Zoning Commission recommende¢ approval 4-0.) Owen Yost, Urban Planner, stated that the request, from Glenn's Pawn Shop, involved .3903 acres located at 1801 W. University Drive. The conditions on the request, in addition to the request for commercial zoning, would limit the commercial zoning by allowing only a.pawn shop and general retail uses plus limit the height of the building to 2 stories. The building was currently vacant and the former use was over allocated. The Planning and Zoning Commission recommended approval with two conditions limiting the height of the building to two stories and all general retail City of Denton City Council Minutes November 1, 1994 Page 10 uses and a pawn shop use allowed fOr commercial zoning. The Mayor opened the public hearing. Mike Whitten stated that he represented the petitioners. The owners of the pawn shop had operated a business on the Square until the recent fire on the Square. This location was suitable for-the business. In addition to the pawn business, there was also a music business associated with the shop. The nature of the business was no different than any other general retail outlet except for the pawn shop business. The pawn shop was a very highly requlated business by State law. The only criticism he had seen regarding the proposal dealt with a misconception of the business. The business was a very well managed business and there was no associated crime with the business. He asked for Council approval of this request. No one spoke in opposition. The Mayor closed the public hearing. The following, ordinance was considered: NO. 94-198 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM GENERAL RETAIL (GR) TO COMMERCIAL - CONDITIONED [C(c)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR PROPERTY LOCATED AT 1801 WEST UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "a~e"% Perry "aye", and Mayor Castleberry "aye!'. Motion carried unanimously. 5. Consent Agenda Perry motioned, Brock Seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye" t Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Change order - P.O. #40402 - Steele and Freeman - DMC Renovation City of Denton City Council Minutes November 1, 1994 Page 11 Council considered the Consent Agenda ordinances A. - B. Chew motioned, Perry seconded to adopt ordinances A - B. B. Contracts 1. Professional Services Contract - Alan Plummet Ordinances On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 94-199 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN; PROVIDING FOR A DECREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. (5.A.1.) B. NO. 94-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND 'ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES REQUIRED TO OBTAIN AN AMENDMENT TO THE CITY'S WASTEWATER DISCHARGE PERMIT FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.B.1.) C. The Council considered adoption of an ordinance adopting new prevailing wage rates for public works construction work for use in the solicitation and awarding of contracts for public works projects in the City of Denton; providing for a repeal of any ordinance in conflict therewith; and providing for a severabilit¥ provision. Rick Svehla, Deputy City Manager, stated that this ordinance was a requirement of State law. Staff had surveyed the City's work force and provided that information to Council. In the past the Fort Worth/Dallas area had been used. The law now indicated that that could no longer be done and in this case, the prices would be at or lower than area cities. The following ordinance was considered: 188 City of Denton City Council Minutes November 1, 1994 Page 12 NO. 94-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING NEW PREVAILING WAGE RATES FOR PUBLIC WORKS CONSTRUCTION WORK FOR USE IN THE SOLICITATION AND AWARDING OF CONTRACTS FOR PUBLIC WORKS PROJECTS IN THE CITY OF DENTON; PROVIDING FOR A REPEAL OF ANy ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance vacating a certain sixteen foot wide Sanitary sewer easement, beginning on the south side of McKinney Street (F.M.426) approximately 920 feet east of Glen Gary Way, measured along the frontage of McKinney Street, and proceeding southwesterly, as recorded in Volume 695, page 350 of the deed records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request from the developer to eliminate this easement. The Development Review Committee and staff had looked at the request and felt that there was no need for this easement as the sewer line was in a different location. The following ordinance was considered: NO. 94-202 AN ORDINANCE VACATING A CERTAIN SIXTEEN FOOT WIDE SANITARy SEWER EASEMENT, BEGINNING ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426) APPROXIMATELY 920 FEET EAST OF GLENGARy WAY, MEASURED ALONG THE FRONTAGE OF MCKINNEY STREET, AND PROCEEDING · SOUTHWESTERLY, AS RECORDED IN VOLUME 695, PAGE 350 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Ma~or Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving the 1994 tax roll~, Kathy DuBose, Executive Director for Finance, stated that the ordinance would approve the tax roll for 1994. This approval was City"of Denton City Council Minutes November 1, 1994 Page 13 an annual process required by the Texas Property Tax Board. anticipated that 97.5% of this account would be collected. The following ordinance was considered: It was NO. 94-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry-"aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Housing Authority. Barbara Ross, Community Development Administrator, stated that this ordinance approved a contract with the Denton Housing Authority for the use of $100,000 of CDBG funds to rehabilitate the Crawford Building. The project was currently out for bid and would close next week. Mayor Pro Tem Brock asked about the possibility of having a location in the building for social service agencies such as the Community Food Bank. Ross replied that the Interfaith Ministries might move into the building. Marion Hamilton stated that it was projected that the Food Bank, Clothing Room and HOPE 6k ~ther agencies would have office space in the building. The basic electrical and plumbing needs would be provided and the agencies would divide the space as needed. An outside door would be installed so that individuals could use those offices without having to go through the hotel. This area would be adjacent to the area which would house a branch of the TWU CARES Clinic. Mayor Pro Tem Brock asked if there would be enough space for the Food Bank to have their food stocked there. Hamilton reptie4 yes. Council Member Cott asked if the funds now being received were enough for the 20 years of the building.for repair, etc. He was also concerned about people on the street in lines waiting to get City of Denton City Council Minutes November 1, 1994 Page 14 into CARES. He was concerned that Locust Street was an entrance to Denton and it should watched-what happened on that street. Hamilton stated that they were currently in negotiations to purchase the land behind the building for additional parking space. There was no anticipation of long lines and there was adequate waiting space in the building. The entrance on Locust Street would be very attractive and included a park-like area. The project had taken a long time to start because low income housing tax credits had been applied for from the State of Texas. Those credits had be~n granted and would guarantee funds for the future maintenance of the building. Council Member Cott expressed a concern that 15 years down the road the building would look bad and there would be no money to fix the problems. Hamilton asked Council Member Cott if he was familiar with other such locations. Council Member Cott replied yes but that they were not on Locust Street. Hamilton stated that the current locations were very attractive and the apartments were kept in good condition. The philosophy was to keep the buildings in good condition and to not allow them to deteriorate. Council Member Cott asked when it would be known when there was not going to be money to keep up the building. Ross replied that in order to get funding, maintenanc9 costs had to be included and were quite detailed from the. Savings and Loan which granted the funds. Council Member Chew stated that Ms. Hamilton had done an excellent job managing all of the properties within the City. The following ~rdinance was considered: NO. 94-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEM~T BETWEEN THE CITY C~ DENTON AND DENTON HOUSING AUTHORITY; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. City of Denton City Council Minutes November 1, 1994 Page 15 Council Member Perry indicated that the First United Methodist Church, which was across the street from the project, had operated a Mana program and there never was a problem with any disturbance of the church functions. council Member Miller stated that the current site was vacant and the proposed project would be a great improvement to the site. Council Member Cott stated that the City had a habit of rescuing these types of projects with general fund dollars and he did not think that general fund dollars should be spent in such a manner. Hamilton stated that the city never rescued the Housing Authority properties with any general fund money. Mayor Castleberry expressed his appreciation to the Denton Housing Authority for the project which was needed in Denton. On roll vote, Brock "aye", Cott "nay", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- i vote, G. The Council considered adoption of an ordinance approving a contract providing for the exchahge of certain real property owned by the City of Denton and TerranoRealty, Inc; and providing for the repeal of Ordinance No. 94-196. City Manager Harrell stated that this ordinance was a technical correction to a previously approved ordinance authorizing a land exchange. There was an error in the heading of the ordinance and this corrected that heading. The following ordinance was considered: NO. 94-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE EXCHAI,GE OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DENTON AND TERRANO REALTY, INC; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 94-196; AND PROVIDING FOR AN EFFECTIVE DATE~ Brock motioned, Chew seconded to adopt the ordinance. On roll vote, B~ock "aye", Cott "aye", Miller "aye", Chew "aye", Perry"aye", and Mayor CastleberrY "aye". Motion carried unanimously. City of Denton City Council Minutes November 1, 1994 Page 16 7. Vision Update Mayor Pro Tem Brock stated that the Cabinet originally wanted representatives from UNT, TWU and North Central Texas College to attend the Vision retreat. Upon review, it was decided that it would be better to get this information from the other entities ahead of time in order to evaluate that information at the retreat. They had had a good meeting regarding issues relative to those entities. They had received a clear idea on the direction of those three entities. S. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following information: A. Reminder of the field trip to UNT to view the Internet system. The presentation would be given in the Board Room of the UNT Administration Building. B. A challenge to the students in the audience to help with the Eureka! playground project. 9. There was no official action taken on Closed Meeting items discussed during the Work Session Closed Meeting. 10. New Business This item was considered earlier in the meeting. 11. The Council reconvened in a Closed Meeting at 7:55 p.m. to discuss the following items: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered action in City v. Juren and Alexander. (MLK Center) 2. Considered settlement Offer relating to Tina Jackson claim. Considered settlement offer for claims of Frederick James Johnson, Sr. and Arron T. McCoy, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 City of Denton City CounCil Minutes November 1, 1994 Page 17 With no further business, the meeting was adjourned. TY S~RETARY TY (~F DENTON, TEXAS ACC00223