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
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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.
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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.
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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
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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.
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City of Denton City Council Minutes
November 1, 1994
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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:
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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