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Minutes February 7, 1995356 CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 7, 1995 The Council convened into a Closed Meeting on Tuesday, February 7, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 1. The Council discussed the following in a Closed Meeting: ae Legal Matters 1. -- Under TEX. GOV'T CODE Sec. 551.071 Consulted with attorney in the case of City of Denton v. Juren and Alexander. Considered settlement demand in the claim of Kim Smith. Considered settlement demand in the claim of David Rose. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Council Member Chew joined the meeting during the Executive Session. The Council convened into a Work Session on Tuesday, February 7, 1995 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council held a discussion and gave staff direction regarding the city of Denton's Consolidated Plan and Community Development Priorities. Barbara Ross, Community Development Administrator, stated that the former Comprehensive Housing Affordability Strategy was no longer a valid document. Several years ago, the Department of Housing and Urban Development required the completion of the Strategy in order for the city to continue to receive Community Development Block Grant funds and to begin to receive HOME Housing Funds. That plan detailed housing and supporting housing needs within the City. The new requirement, the Consolidated Plan, detailed housing and supporting housing needs plus all of the activities which could be funded through the Community'Development Block Grant or the HOME 357 City of Denton City Council Minutes February 7, 1995 Page 2 program. The Community Development staff began working on the plan last August. This plan required a 30 day public comment period and would be presented at a formal Council meeting in the form of a public hearing. Louisa Rodriguez-Garcia, Program Assistant, presented the details of the Plan. Requirements of the Plan included a housing market analysis, assessment of housing and housing needs, homeless, infrastructure, economic development, a strategic plan which would look at needs such as special needs population, affordable housing, lead-based paint hazards, anti-poverty, human services and fair housing. The consolidated plan would included performing a human services needs assessment, a small business survey, developing a homeless focus group, performing a 1994 homeless count, holding public hearings, developing computer/software training. Council Member Cott expressed elimination of federal funding. without such funding. a self-sufficiency plan and concern regarding the possible How would the programs continue Ross replied that the CDBG had been active in Denton since 1984 and every year she wondered if the program would continue. The funds were mainly spent on infrastructure projects and housing projects. As these projects had a beginning and an end, it was understood that there might be an ending to the funding. Each agency knew that it must ask for funding each year and not expect the funding to continue automatically. The City funding was a small portion of the budget for these agencies and they might have to curtail services but not discontinue services if there were no federal money. Council Member Cott felt that there was a need to start now to get private financing for the future years for the programs. Council Member Chew asked about the homeless count which was done earlier. Ross replied that the count was 43 but did not feel that that was an accurate count. Council Member Miller stated that the amount of federal funding might be reduced but funding would not be completely gone. 2. The Council received a reDort and held a discussion regarding the results of the 1995-96 Budget Priority Questionnaire. 358 City of Denton City Council Minutes February 7, 1995 Page 3 Jon Fortune, Chief Finance Officer, stated that th~ results of the budget questionnaire were included in the agenda back-up materials. The first section of the results was determined by average scores and the second section results were priority scores. The second section ranked the results by priority of response. The last section of the questionnaire was a listing of individual comments received on the questionnaire. The Council's responses would be used in the budget process to formulate 1995-96 budget. Mayor Pro Tem Brock expressed concern about the some of the responses and the meaning of those responses. She was not sure that she understood completely what the ranking meant and how the staff would be using that ranking. City Manager Harrell stated that in the past there was only the first ranking which involved a ranking of all of the City programs and indicated which ones needed to be increased during the next year. That gave staff a general feel of how the Council would like to proceed. Several years ago Council decided that the rankings did not give the complete dimension of City services. The second column was added to provide a priority of a particular service which reflected the feelings of the Council. Staff utilized both ratings to give a feel on the priorities of the Council. Mayor Pro Tem Brock felt that there were some unclear ratings on the questionnaire. She was surprised that high weeds and grass ranked higher than fire suppression and that fire suppression was ranked as needing additional effort but was 30th in the ranking. Council Member Chew asked if Mayor Pro Tem Brock felt that the Council did not understand the process of the questionnaire. Mayor Pro Tem Brock replied that perhaps the Council did not come to a common agreement on how to do the rankings. Council Member Chew indicated that he understood the process very clearly. Council Member Miller felt that th~ C~uneil wam not clear on process. He questioned how some areas were higher than others such as Civic Center maintenance being higher than fire suppression. He asked what interpretation was used in the second category. He based his answers on not to do more or less but based his ranking on the significance to the City on a ranking basis. Council Member Perry felt that the survey represented the consensus of the Council. 359 City of Denton City Council Minutes February 7, 1995 Page 4 Council Member Miller asked Council Member Perry how he interpreted the second ranking number in terms of what it meant. Council Member Perry replied that it meant to him that the City was doing well in providing those services. Council Member Miller stated that to him the second ranking number meant how essential was the service to the City of Denton. He felt it would be helpful to identify the high priority items for the comments listed. Council Member Chew stated that the rankings indicated the Council's priorities and not the comments. Council Member Miller indicated that the instructions on the questionnaire stated that comments listed should indicate highest priority. Council Member Chew replied that those comments would be beyond what was on the questionnaire. The ranking would take priority over the comments. Council Member Miller felt that the comments were another dimension of the questionnaire and was in addition to the rankings. Council Members Chew and Smith indicated that they did not interpreted the questionnaire in that manner. Council Member Perry stated that the comment section provided additional flexibility for the rankings. City Manager Harrell stated that the comment page was a way for a Council Member to raise issues which he/she would like the other Council Members to be aware of or for staff to be aware of. From a staff standpoint, the comment section was used to get ideas of issues and was not given the weight of the rankings. Council Member Miller stated that he thought the Council had been asked to list the highest priority item. He was merely interested in what were the highest comments of the Council and did not mean to imply that it would substitute the numerical rankings. The Council convened into a Regular Meeting on Tuesday, February 7, 1995 at 7:00 p.m. in the Council Chambers. 360 City of Denton City Council Minutes February 7, 1995 Page 5 PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. 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 Council meeting of December 6, 7, 13, and 20, 1994. Perry motioned, smith seconded to approve. Council Member Miller indicated that he was in attendance at the December 7th meeting and asked that the minutes be corrected. Council Member Smith indicated that she was present at the December 13th meeting and asked that the minutes be corrected. Perry and Smith agreed to amend the motion and second to reflect the noted changes. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for American Heart Month. Council received a presentation by the Department of Labor. This presentation was in recognition of an apprentice program in the Electric Distribution Department. The program would be registered with the Department of Labor for training of City employees. 3. Public Hearings A. The Council held a public hearing and considered an amendment to the Detailed Plan of a portion (Lots iR, 3, 4 and 8) of Planned Development No.'l19 for Northwood Carden~ Professional Office Park. The .494 acre (total) tracts were located near the northeast corner of Old North Road and Highway 380. (The Planning and Zoning Commission recommended approval 4-0.) Frank Robbins, Executive Director for Planning and DevelOpment, stated that this was an amendment to an existing planned development detailed plan for a 4000 foot expansion and additional parking. 361 City of Denton City Council Minutes February 7, 1995 Page 6 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cott motioned, Perry seconded to approve the amendment. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council held a public hearing and considered an ordinance rezoning 4.91 acres from a single-family (SF-10) zoning district to a planned development district and adopting a detailed plan. The site was located on the north side of Teasley Lane, across from Sam Houston School, approximately 135 feet east of Indian Ridge Road. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, reviewed the site plan and standards for the proposal. There would be a private street with a gate at the entrance to the subdivision. Single family detached homes would be built with some zero lot line lots. Neighbors had expressed some concern regarding the density of the development but the plan was consistent with the Denton Development Plan. A gate would be installed with an opticom device so that fire protection vehicles would be able to open the gates prior to arrival at the subdivision. Other city vehicles would be given a code in order to open the gates when necessary for city business. Zero lot line standards which included standards for roof run off and maintenance easement were included in the proposal. An ideminification clause took priority over the conditions listed in the ordinance. The property owners and the homeowners association would indemnify the City against claims to damages to the streets, damages to persons and property caused by the city's use and from claims caused by failure of the Association to design or construct the private improvements. There was also a provision against a claim against the City because of a delay of an emergency vehicle to proceed through the gate. The gate and adjoining fence would be built in an existing utility easement. If the City had to use the easement, the City would not be liable to repair the fence or gate in the current easement. The Mayor opened the public hearing. 362 City of Denton City Council Minutes February 7, 1995 Page 7 Brian Burke stated that the area was platted in 1980 for the Catholic Church. The Church decided to go to a different location and this property was eventually purchased by Mr. Moore. It was felt that this proposal was best for the property. Drainage was a consideration for the development of the area due to a low area in the middle of the subdivision. Underground pipes and drains would have to be built to take care of the drainage in the area. Another consideration was access to the area. Different locations for the gate had been considered but it appeared that the proposed location would be the most suitable. Another concern of the neighborhood was the number of lots for the area. As it was felt that there were too many lots for the area, the set backs were increased to 15' and additional landscaping was included. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Brock asked about the repair of Teasley Lane sidewalks and public utilities. Robbins replied that the City would maintain city water lines in any easement. Mayor Pro Tem Brock asked if that were similar to any nongated community. Robbins replied correct. Mayor Pro Tem Brock asked if the Legal Department had reviewed the indemnification clause. Mike Bucek, Acting City Attorney, stated that the Legal Department had revised some of the clauses. The provisions would be included in the deed restrictions so that any one buying a lot would be aware of those provisions. He felt that the clause was adequate for City purposes. The following ordinanc~ was considered: NO. 95-018 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY DWELLING DISTRICT (SF-10) TO A PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 4.91 ACRE TRACT LOCATED ON THE NORTH SIDE OF TEASLEY LANE, ACROSS FROM SAM HOUSTON SCHOOL; APPROVING A DETAILED PLAN FOR THE DISTRICT; AUTHORIZING THE CITY ATTORNEY 363 City of Denton city Council Minutes February 7, 1995 Page 8 AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Mayor Castleberry indicated that Bid #1695 had been withdrawn from consideration. Council Member Cott asked to pull Item A.2. for discussion. He recommended that the Data Processing Advisory Board have a meeting with a quorum prior to purchasing the items. city Manager Harrell stated that there were two members present at the Data Processing Advisory Board meeting. Unfortunately it was a regular problem with this Board to have a quorum present to review city action in this area. In cases like this, the meeting was conducted with those present and then the remaining members of the Committee were called with the information. Perry motioned, Brock seconded to approve the Consent Agenda with the exception of Bid #1695 Item A.3. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Bid #1693 - Fleet Vehicles Addendum #2 RFSP #1721 - Microcomputers P.O. #52628 - Weff Industries B. Contracts Midcon - Spot Market Natural Gas Energy Transfer Corporation - Spot Market Natural Gas Cornerstone - Spot Market Natural Gas City of Corinth - Ambulance Services city of Lake Dallas - Ambulance Services 364 city of Denton city Council Minutes February 7, 1995 Page 9 C. Tax Refund George L. Rodgers/Safeco' Land Title of Denton County - $536.19 5. Consent Agenda Ordinances Brock motioned, Chew seconded to adopt the Consent Agenda ordinances 5.A. - 5.G. with the exception of 5.C. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-019 AN ORDINANCE AMENDING ORDINANCE NO. 91-002 RELATING TO THE AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF TWO ADDITIONAL PICK-UP TRUCKS BID ITEM #1; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.1. - Bid #1693) B. NO. 95-020 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. (4.A.2. - RFSP ~1721) D. NO. 95-021 AN ORDINANCE AUTHORIZING THE PARTICIPATION IN THE COOPERATIVE PURCHASING PROGRAM OF THE TEXAS PURCHASING GENERAL SERVICES COMMISSION 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. (4.A.4. - P.O. ~52628) E. NO. 95-022 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 MIDCON GAS SERVICES CORP. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.1.) 365 City of Denton City Council Minutes February 7, 1995 Page 10 F. NO. 95-023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVINGAN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND ENERGY TRANSFER CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.B.2.) G. NO. 95-024 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 CORNERSTONE GAS RESOURCES, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.B.3.) 6. Consent Agenda Resolutions Smith motioned, Chew seconded to approve Consent Agenda Resolutions 6.A. - 6.B. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. R95-012 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.4.) B. NO. R95-013 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.5.) 7. Ordinances A. The Council considered adoption of an ordinance annexing and zoning a 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road. (First Reading, A-68) (The Planning and Zoning Commission recommended denial 6-0.) Harry Persuad, Senior Planner, stated that the ordinance proposed the annexation of 1.1 acres being the east part of the right-of-way on Corbin Road to effect a closure of Corbin Road at the Doint of a low water crossing. Initially, staff felt there was a cost of $7,000 per year to the City to maintain gates at the crossing. On the other hand, the neighbors were against the closure of the road 366 City of Denton City Council Minutes February 7, 1995 Page 11 as it would be an inconvenience to them. There was a public safety hazard at the crossing with possible litigation issues. During the Planning and Zoning Commission's public hearing, the residents spoke against the closure. A representative of the Chamber of Commerce linked this closure to negatively impacting the economic development in the area. The Planning and Zoning Commission considered those comments as well as the fact that there was another crossing at the lower end of Corbin Road. The Planning and Zoning Commission felt that since the City had to maintain a second crossing on Corbin Road and plus the associated inconvenience of closing the road, the recommendation for annexation should be denied. According to the City Charter, in order to proceed with the annexation there must be 6 affirmative votes of the 7 members present. Terri Meador stated the landowners in the area felt that the property value would diminish if the road were closed and that there would be a safety issue if closed. A statement had been made that the closure would only affect a few people but at the last public hearing, she had presented petitions signed by hundreds indicating that the closure would affect many people. The closing of this portion of Corbin Road would not save the City any money as there was a second crossing to consider for closing. The primary reason for this proposal was for safety and that crossing was being depicted as a dangerous zone. There had been only one incident since 1924. Mayor Castleberry stated that there had been two pubic hearings on the issue and this was another opportunity for individuals to speak regarding the issue. He indicated that Ms. Meador had indicated at a previous public hearing that she had driven into the low water crossing and had to be rescued. Meador stated that the water was higher than normal but not high enough to close the gates. Her car had stalled in the water due to driving into the water too fast. She was not injured and had not asked for any help. Lyle Whitworth ~tat~d that th~r~ w~ra s~v~n gates which th~ City maintained and three water crossings. If the proposed area were closed, the City would still have to maintain the other gates and traffic would be diverted into a more dangerous situation. He asked how much more water was diverted into the area after the construction at the Airport began. Council Member Cott replied that probably a lot of water had been diverted. There was no question that that was what was happening and would continue to happen with more development. 367 City of Denton City Council Minutes February 7, 1995 Page 12 Whitworth stated that as far as a safety factor was concerned, if the road were closed, traffic would be diverted into a more dangerous area. Mayor Castleberry stated that that crossing was already in the City limits as this one was not. Denton had the authority to close that one if it wanted. Jackye Havenhill stated that since 1924 there had only been one incident regarding the crossing. There might be other areas in Denton which were more dangerous. If the proposed area of Corbin Road were closed and then the second low water crossing blocked, the residents would not have access to the area. She felt that closing the road Would promote illegal dumping in the area. This was not progressing but regressing in the area. More avenues through the area were needed other than Airport Road. Mayor Pro Tem Brock asked if the workers who closed the gates were the drainage workers in the Utility Department. Persuad replied correct. Mayor Pro Tem Brock asked how the figure was determined for the cost involved in closing the gates. Persuad replied that the figures were for the first crossing on Corbin Road. The costs also involved additional figures for vandalized gates etc. Two of the three years used for an average cost had higher rainfall which might had raised the average cost. These closures were done by two crews and not one crew. Mayor Pro Tem Brock stated that the City alone dealt with the low water crossing even though it was partly in the County. She asked if the city took on the expense of installing the gates. Persuad replied that discussions at the time of installing the gates indicated that the City did take on the responsibility for the crossing. Mayor Castleberry indicated that the County shared in the law suit for the fatality. Council Member Miller stated that when Council first began looking at this proposal, he was not aware of a second crossing. He asked if when one crossing wa~ ~los~d, th@ other was also closed. Persuad replied correct. 368 City of Denton city Council Minutes February 7, 1995 Page 13 Council Member Miller asked when the gates were installed. Persuad replied after the fatality in the area. Council Member Miller replied that he had spent approximately 30 minutes in the area and that when the gates were closed it was not possible to go around them with a vehicle. Persuad replied correct. Council Member Miller stated that the crossing east on Corbin Road had the same construction where a vehicle could not go around the gates when closed. Persuad replied correct. Council Member Miller stated that going south on I35 it appeared that someone had access to Corbin Road. Persuad replied correct that there appeared to be signs that vehicles were using that road as an exit. Council Member Miller indicated that there appeared to be another such path near the second flood gate where vehicles could get around the gates. When the process was started, he felt the situation was simple to close the crossing to take care of the problem. If there were many individuals using the road to get across Airport Road to Bonnie Brae and both low water crossings were closed, it would eliminate complete access to the area. In terms of solving the overall problem would anything be accomplished by only closing one low water crossing. He asked if it would be possible to install additional signs where people enter into the area warning then of any possible danger. Council Member Cott stated that the Airport was one of the key economic development areas of the community and one of the entrances to the Airport was in this area. The road was a mess and the County had to become more involved in the area as did the city. He felt that more than one of these roads could not be ~lo~ed at one time. The signage in the area was not good and he felt that the legal position was not good. He recommended that the Council take a long term view of situation and not do anything at this time. He suggested discussing the situation with the County and set a time limit for closure of the issue. Mayor Castleberry asked the City Attorney to explain the legal obligations regarding signs. 369 City of Denton City Council Minutes February 7, 1995 Page 14 Acting City Attorney Bucek stated that there could be a sign in the area and if the statement was not the correct statement, it would not do any good. The issue was what the public perceived when approaching the sign. The law indicated that a reasonable warning must be given of a dangerous area if there was a defect which could not be observed. If there was a problem in an area with no warning signs and someone had a problem in the area, the city would not be liable as it did not know of the problem. If a problem came up again in the same area, it needed to be corrected because at that point, the City knew there was a problem in the area. The problem in the proposal was that there was some publicity already about the area and could be used against the City in another case. The City knew that there was a problem in the area and that could be used against the City ±n a suit. Council Member Smith stated that she had viewed the area and felt that both low water crossings were problems. She also understood the position of the residents. This was an extremely difficult situation to weigh all factors and to determine the right decision. She felt that there might be other solutions to handle both crossings or other ways to solve the problem rather than closing the road. Council Member Perry asked if the area were annexed, would the city be in a better position to do something about the situation. Persuad replied that the proposed annexation would allow the City to have control over the entire Corbin Road in order to effect the closure. Any annexation in that area, in the short term, would not be beneficial in terms of dollars and cents. Over the long term, the area had future potential for the city. The purpose of the annexation was tied to the closure of the road. Mayor Castleberry stated that if the area residents had a concern about illegal dumping in the City limits, they should call for removal. If the dumping was in the County they should call the County for removal. He expressed concerned about the discussion at the public hearings regarding the city building a bridge over the low water crossing. He felt that the non-residents were out of order to expect Denton residents to spend that kind of money on a bridge and the Council would not be doing its job properly if that amount of money were spent. It had been overlooked in the Planning and Zoning Commission meeting that Jim Christal Road would be realigned with the West Oak Street overpass. The bids had been let for that area. Anyone from area businesses would have easier access to the offices out through Jim Christal Road. He thought it was very interesting that the Chairman of the Denton Chamber of Commerce felt this was an economic development issue. This was not 37O City of Denton City Council Minutes February 7, 1995 Page 15 an economic development issue and did not affect the development of Airport. The Planning and Zoning Commission was an appointed board. The Council was elected and if another accident happened, the Council would be blamed, not the Planning and Zoning Commission. He felt that it was the responsibility of the Council to protect the citizens of Denton. Every time it rained, he wondered if the gates were closed. There was the problem of human error and if it happened again, there might be a greater tragedy. He urged the Council to take care of the problem. The Council had considered three zoning cases which in work session they felt needed to be considered and twice the cases had been voted down. It was time to stop spending money if the Council was not going to proceed with these issues. If the Council did not do this, no one else would do it. There was the possibility of another fatality at the next rain and he did not want to continually worry about it. A life was worth a whole lot more than driving 1.1 miles around a closure. Chew motioned, Perry seconded to adopt the ordinance to annex the property. Council Member Miller stated that public hearings were intended to allow the Council to decide on an issue at the end of discussions rather than before. He had asked that this process be started. When the process was started, the situation was somewhat different than he found after the public hearing and the investigation process. He was not aware of a second low water crossing. The safety issue would not be solved by closing this one crossing. He agreed that the access to and from the Airport was Airport Road and infrastructure needed to be developed north rather than south of Airport Road. Regardless of decision, the City did not have the funds to do lot with the road over the next few years. Voting against the annexation did not mean that he was any less concerned about safety as before. Mayor Castleberry stated that the Council should go out and view a project before beginning annexation. In three annexations, the Council had wasted time and money. On roll vote to adopt the annexation ordinance, Brock "nay", Cott "nay", Miller "nay", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. B. The Council considered adoption of an ordinance annexing and zoning a ~99.5 a~r~ tract located east of Mayhill Road and north of Edwards Road. (First Reading, A-64). (The Planning and Zoning Commission recommended approval 5-0.) 371 City of Denton City Council Minutes February 7, 1995 Page 16. Harry Persuad, Senior Planner, stated that the proposed ordinance related to the annexation of 199.5 acres. The purpose of the annexation was to have the City's landfill located on the site. The City had purchased all of the tracts except for 10 acres. According to the City Charter, 6 affirmative votes were required to proceed with the annexation. The zoning of the tract for the landfill was not included in the annexation proposal. Perry motioned, Smith seconded to adopt the ordinance. (First Reading). On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The CounCil considered adoption of an ordinance approving an agreement between the City of Denton and Texas Woman's University to provide funding to TWU CARES, a primary health care clinic. Barbara Ross, Community Development Administrator, stated that last June Council approved the Combined Statement for the CDBG and HOME programs which included $20,000 for TWU CARES. The program would provide health care for low income families. The following ordinance was considered: NO. 95-025 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Denton and united Way of Denton County, Inc. dated December 7, 1993 and Amendment No. 1 to the agreement between the City of Denton and United Way of Denton County, Inc. dated November 15, 1994, to allow additional time for the expenditure of fund~. Barbara Ross, Community Development Administrator, stated that the amount of time necessary for the United Way to spend the 1993-94 372 City of Denton City Council Minutes February 7, 1995 Page 17 contract year had not been estimated correctly. The first amendment extended the 1993-94 contract and the second amendment indicated that the 1994-95 contract would begin after the 1993-94 contract had been completed. The following ordinance was considered: NO. 95-026 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC., DATED DECEMBER 7, 1993 AND AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, ~Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending the charges for use of the landfill; and authorizing the Superintendent of the Solid Waste Department to deny the use of the landfill to customers providing false information. (The Public Utilities Board recommended approval.) The following ordinance was considered: NO. 95-027 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CHARGES FOR USE OF THE LANDFILL; AUTHORIZING THE SUPERINTENDENT OF THE SOLID WASTE DEPARTMENT TO DENY THE USE OF THE LANDFILL TO CUSTOMERS PROVIDING FALSE INFORMATION; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending ~h~ ~h~ o~ ~ectri¢ rates by adopting an amended schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommended approval.) 373 City of Denton City Council Minutes February 7, 1995 Page 18 Jim Harder, Director of Electric Utilities, stated that the proposed ordinance was a revision in the time of use rate schedule. It applied to electric general service customers who were on time of use structures. The on-peak demand charge would be raised and the off-peak would be lowered to correspond to the true demand costs. The following ordinance was considered: NO. 95-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE); AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that he had received two speaker cards requesting to address Item 7.B. which already had passed. He indicated that there would be another pubic hearing regarding the issue but that the individuals were welcome to speak. Donald Cunningham stated that his home was west of Pecan Mobile Home Park and was opposed to the proposed landfill. He felt that the proposed height of the landfill was excessive for the site. Wilma Haggard stated that she lived in the area and was concerned about the height of the embankment and asked that it be set back further from the road. G. The Council considered adoption of an ordinance authorizing the Mayor to execute an Amendment Number 4 to the agreement between the City of Denton and Freese and Nichols, Inc. for engineering services relating to airport improvements. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that during the final plan design for the extension of the runway, the FAA wanted air space issues looked at and how to refurbish the localizer. During that time period, the City unofficially received notice that it would receive a grant. These items were not included in original contract but were discussed earlier and were included in the final phases. The grant funding included the estimated charges to match for the costs. 374 City of Denton City Council Minutes February 7, 1995 Page 19 Council Member Cott left meeting the meeting at 8:45 p.m. The following ordinance was considered: NO. 95-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NUMBER 4 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES RELATING TO AIRPORT IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. Council Member Perry stated that much time had been spent on this issue and felt that this was a good investment. Council Member Cott returned to the meeting at 8:47 p.m. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance providing for adoption of the Affordable Housing Program; and authorizing the City Manager to utilize 901 Windsor and 907 Windsor to provide a portion of the match required by the Federal Grant Program. Barbara Ross, Community Development Administrator, stated that the ordinance would allow the City to use 901 and 907 Windsor in its Affordable Housing Program. It was planned to construct two three bedroom single family units which would be consistent with other units in the area. The houses would be priced at or near market value to families meeting income requirements. The following ordinance was considered: NO. 95-030 AN ORDINANCE PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING PROGRAM; AUTHORIZING THE CITY MANAGER TO UTILIZE 901 AND 907 WINDSOR TO PROVIDE A PORTION OF THE MATCH REQUIRED BY THE FEDERAL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 375 city of Denton City Council Minutes February 7, 1995 Page 20 8. Resolutions A. The Council considered approval of a resolution approving the assignment by Bruce Brown of the "Tract B" lease of airport property to Ralph Slater, said property consisting of 20,865.24 square feet. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that the Council had previously approved an ordinance which divided the Brown lease into several pieces for this purpose of assigning those pieces to other individuals. The proposed resolution assigned one of those pieces to Ralph Slater. The following resolution was considered: NO. R95-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT B" LEASE OF AIRPORT PROPERTY TO RALPH SLATER, SAID PROPERTY CONSISTING OF 20,865.24 SQUARE FEET; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye" Perry "aye" and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution approving the application of the Housing Finance Corporations Act to property within the city; authorizing and approving other matters relating to bonds to be issued by the Denton County Housing Finance Corporation, and repealing prior resolutions or orders in conflict herewith. city Manager Harrell stated that the Denton County Housing Finance Corporation had received an allocation from the State of Texas authorizing that Authority to issue bonds for first time home buyers within Denton County. The sale would close on February 23rd and would be available after that. In order to make the loans within the city limits of Denton, the Council was required to authorize such expenditures and pass the proposed resolution. This was not a new program and had been done throughout the years with the last issuance in 1991. The following resolution wa~ considered: 376 City of Denton City Council Minutes February 7, 1995 Page 21 NO. R95-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY; AUTHORIZING AND APPROVING OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH. Chew motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the Mayor to execute an amended lease agreement for the golf driving range between the City of Denton and Walter Nusbaum. (The Parks and Recreation Board recommended approval.) Janet Simpson, Superintendent of Leisure Services, stated that last year the City entered into a three year lease agreement with Nusbaum to operate the golf driving range at North Lakes Park. The terms of that lease were that Mr. Nusbaum would make annual payments to the City of $5,000 the first year, $5,500 the second year and $6,000 the final year. In the first year of operation, Mr. Nusbaum had done an excellent job and had invested considerable amounts of money to make improvements to the facility. With the opening of the driving range on Loop 288, the golf driving range in Lewisville and another small range in Sanger, the market demand was lower than what was expected. In October Mr. Nusbaum asked the staff to reconsider the lease agreement and lower the annual payment for next two years to $5,000 each. This would be a reduction of $1500 over the three year term. Council Member Cott asked if Mr. Nusbaum had tried to work with his costs. Simpson replied yes that he had looked at a different pricing for a bucket of balls and had made ehang~ in tha% ar~a and in marketing improvements. The following resolution was considered: NO. R95-016 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING RANGE LEASE BETWEEN THE CITY OF DENTONAND WALTER NUSBAUM; AND PROVIDING AN EFFECTIVE DATE. 377 City of Denton City Council Minutes February 7, 1995 Page 22 Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. D. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the Upper Trinity Regional Water District for the repair and maintenance of Upper Trinity Regional Water District facilities. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this summer the Upper Trinity Regional Water District had completed a pipe line which ran along Lillian Miller from I35 to Old Alton Road. The purpose of the pipeline was so that the city could sell wholesale water to UTRWD. This was a routine agreement whereby the city would maintain the pipeline for the District and the District would reimburse the city's actual cost. At this time, the District did not have any personnel or equipment to maintain the line. The following resolution was considered: NO. R95-017 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered a nomination to the Keep Denton Beautiful Board. There was no nomination at this time. 10. The Council considered nominations and/or appointments to the Juvenile Crime Interagency Coalition. Harlan Jefferson, Director of Fiscal Operations, stated that during January, two major steps were taken toward the implementation of the Juvenile Crime Interagency Coalition recommendation. First was the approval of a resolution establishing the coalition and the second was the agreement of thirteen individuals to serve on the 378 City of Denton City Council Minutes February 7, 1995 Page 23 coalition. The Council needed to select three members to the Coalition - two at-large representatives and one representative from a local civic group. Council Member Miller asked about a representative from the Morning Kiwanis Club and the fact that she had not responded. Jefferson replied that he had been trying to reach that individual and had left several messages with no response. Council Member Cott suggested initiating staggered terms. Jefferson replied that for the first endeavor, staff was asking the members to serve one year to determine how the Coalition worked before asking members to serve for several years. Council Member Miller nominated Margaret Smith to the local civic group category. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Chew motioned, Perry seconded to appoint the group at indicated in the agenda back-up materials. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Chew motioned to appoint Margaret Smith as Chair of the Coalition. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Vision Update Mayor Pro Tem Brock indicated that time had been spent on terminology which would define the four major areas of goals. The next meeting would look at subheadings for the areas. She invited members of the community to work in action teams which would be concerned with how to achieve the goals of the impact groups. Council Member Cott felt that if the business subjects were looked at first, it might produce money to be used for the arts, etc. Mayor Pro Tem Brock stated that that was the general strategy. 12. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: 379 City of Denton city Council Minutes February 7, 1995 Page 24 A. A draft agenda of the Special Board meeting in Greenville on Feb. 13 had been presented to Council. The Mayor, City Manager, Utility Director, and Chair of the Public'utilities Board would be the official delegation. Others were welcome to attend if they so desired. 13. There was no official action taken on Closed Meeting Items. 14. New Business There were no items of New Business suggested by Council Members for future agendas. 15. The Council convened into a Closed Meeting to discuss the following: A. .Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Consulted with attorney in the case of City of Denton v. Juren and Alexander. 2. Considered settlement demand in the claim of Kim Smith. 3. Considered settlement demand in the claim of David Rose. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C.. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYO~ CITY OF DENTON, TEXAS/ / J~N/~IPER/WAL~ERS - ~TY SECRETARY CITY OF~ DENTON, TEXAS ACC0024C