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Minutes March 7, 1995 March 7, 1995 The Counc±l convened into a Closed Meeting on Tuesday, March 7, 1995 at 5:15 p.m. in the Civ±l Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None The Council held a Closed Meeting to discuss the following: Legal Matters 1. -- Under TEX. GOV'T CODE Sec. 551.071 Considered responses to requests for bids from attorneys desiring to be retained to evaluate claim against GTE for delinquent franchise fees. Considered settlement demand in the claim of Masinura Price. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered lease with Monex Resources, Inc. of Union Pacific and Rails-to-Trails right-of-way. e Discussed possible amendment to leases at Denton Municipal Airport. Discussed the acquisition of property for expansion of the City's landfill. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Considered performance evaluation and pay adjustment for the senior Assistant City Attorney. The Council convened into a Work Session on Tuesday, March 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 received a report, held a discussion and gave staff direction regarding the proposed workplan for economic development strategy implementation. City Manager Harrell stated that this discussion began last week with the formal presentation to the Council of the Fantus report. At that time, staff furnished Council a working document which would implement the report. Staff, in coordination with the Chamber staff, assigned primary responsibility of one of the two * v ~City of Denton City Council Minutes March 7, 1995 Page 2 agencies for each of the Fantus recommenda'tions or if it was a long range project, assigned the responsibility to the Economic Development Committee to address the recommendations made by Fantus. He. would be presenting the items which the City should take the lead. If the consensus of the Council was that those were appropriate for the City, staff would prepare background information for Council to begin work sessions to discuss the recommendations and what alternatives were available to address the specific recommendations made by Fantus. The City's items were (1) The city should take the lead to start addressing how to restructure the Economic Development Committee. Currently the Committee was a large group made up of Chamber and city representatives. The Fantus recommendation was that the group be narrowed down. It was felt that the Committee was too large and should be reduced to effectively carry out the responsibilities of the Committee. (2) The City should take the lead to talk about long range funding for economic development. The Fantus report stated that in order to accomplish many of the major initiatives such as an industrial park, a more substantial amount of money was needed. Staff would present alternatives and different ways the City government could gather public funds for that kind of implementation. A half cent sales tax was one option but there were several others which could be available. Fantus also felt that there was a need for on-going funding for an economic development professional staff. Council Member Perry asked if the backup materials could include those items currently being done. City Manager Harrell replied yes. (3) The City should take the lead on an on-going activity to involve the university communities in an economic effort. (4) The City should take the lead to work to publicize some of the planning and development reforms which had and will occur on the city level. (5) The City should take the lead to examine the development regulations and ordinances and make sure they brought in the kind of development favored by the public. (6) The City should take the lead for better development of the one-stop permitting process and the possibility of creating a development coordinator. (7) The City should take the lead to begin a discussion with the Planning and Zoning Director to clearly define all goals of city development and have good customer service orientation. (8) The City should take the lead in the development of a comprehensive business park for the community. Council Member Perry asked for more objective data than what was supplied on how well a business park would function and what difference it would make in terms of dollars and cents. City Manager Harrell stated that staff could identify cities which had developed business parks and the success of such. City of Denton city Council Minutes March 7, 1995 Page 3 Mayor Pro Tem Brock expressed concern that the City should not discourage private investment or that the City would not be actively competing with other cities. 409 City Manager Harrell continued with the recommendations: (9) The city should take the lead in providing a spec distribution center. (10) The City should take the lead with the Highway Department to add an exit/entrance ramp at I35 at the Denton Airport. Staff would present alternatives on how to improve that area. (11) The City should take the lead in dealing with road congestion associated with development of business centers. (12) The City should take the lead in looking at the recommendations of the Visioning process for developing alternative transportation modes. (13) The City should take the lead in mass transit offerings and specifically the Startec vision. (14) The City should take the lead in looking at and reexamining the incentivepackage adopted by the City, the School District and County. Council Member Cott felt that there were three issues to examine. (1) What would be a 3-5 year budget for costs and expenses for all of the items; (2) examine a revenue stream; and (3) there was a need for one person who would make final decisions. Council Member Miller expressed caution regarding the recommendation for the financing of infrastructure from non-tax paying entities such as the universities. He felt there was a need to make sure that no decision was made until all avenues had been examined. Mayor Castleberry suggested discussing and giving staff direction regarding the first recommendation concerning establishment of an economic development board. Council Member Miller felt that part of that recommendation would be determined by what was done with the second recommendation concerning a half cent sales tax. If the sales tax option was incorporated, the establishment of an economic development board would be determined. Mayor Castleberry asked if Council would like staff to look at other cities and their formation of economic development boards and the incorporation of a half cent sales tax. Council Member Perry felt that there needed to be enough options to consider. Five members of the economic development board might be too few, seven members might be better. Council Member Chew sugqested giving staff direction to investigate all of the recommendations and then consider them individually. 1 ~ity of Denton City Council Minutes March 7, 1995 Page 4 Mayor Pro Tem Brock agreed that some of the recommendations could not be separated. Chew motioned, Brock seconded to proceed with the staff recommendation to investigate the Fantus recommendations designated for City lead and provide alternatives for those recommendations. Council Member Cott stated that the voters had agreed to a half cent sales tax increase approximately a year ago. He did not feel it was right to do another half cent sales in this time period. Council Member Chew stated that he might not be in agreement with a half cent sales tax but he would like to look at all options and then see how the item should proceed. On roll vote to follow staff recommendation, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 2. The Council reviewed the City of Denton's Fiber optics System Financial Plan and Proforma. Bob Nelson, Executive Director for Utilities, stated that in 1990 the City installed a fiber optic system for use between various city facilities. Over the last several years as part of the electrical system upgrade, the system had been extended to the substations. During the process, some of the educational institutions such as UNT, TWU and DISD had expressed an interest to connect to the City's fiber optic system. Council had asked staff to research the legal aspects for the City to offer such services and it was determined that the City could appropriately provide that service. A consultant was hired to provide expertise on a rate setting methodology. A proforma and business proposal was developed per Council direction to determine what a fiber optics system would mean financially to the City. Jim Harder, Director of Electric Utilities, presented an overhead detailing the current system along with the proposed and future fiber optic system. The fund structure for the business plan was an enterprise fund and would be self-supporting. Part of the original system which connected the Service Center and City Hall was financed through certificates of obligation. That portion of the system would be purchased through this funding mechanism and from the electric funding made in that area. Rate policies for the business plan included (1) Services would be limited to a private carrier with a non-dominant status; (2) Tariffs would be set at a discount to the Local Exchange carrier's tariffed rates; (3) An education and governmental discount rider would be offered. This rate would be a 35% discount for the DISD only, a 25% discount to UNT, TWU, the City and Denton County. This rate would be offered to encourage economic development. There would be a contract City of Denton City Council Minutes March 7, 1995 Page 5 411 clause granting access for potential electric utility remote meter reading and demand site meter services. Operations Policies for the business plan included (1) A technical supervisor would staff the operation and a contract would be developed with the Electric Utility for 65% of the Special Project Coordinator and 225 man- hours from the Communications Division to provide maintenance support. A central office site was proposed for a portion of the Central Fire Station due to its proximity to the Local Exchange Carrier. Potential customers from the educational community included the university of North Texas, Texas Woman's University, the Denton Independent School District and the City library system. Potential customers from governmental agencies included Denton County and Denton Electric. One private sector telecommunications company had a definite interest in the system and several other private telecommunications comPanies had expressed an interest. Harder reviewed a proforma proposed for the project. In 1996 the system would be operating at a loss and after that would start to realize a profit. City Manager Harrell stated that the proposal to rent space in the Central Fire Station had been examined to be sure that enough space was reserved if in the future Council decided to reactivate the station. The cost of the rental was approximately $30,000 per year and those payments would be deposited into a special fund for future fire station construction. The Public Utilities Board had reviewed the proposal and unanimously endorsed the proposal. The proposal would allow excess capacity to be made available for others to hook onto the City's fiber optic network. Council Member Cott asked if this could be done by an outside organization instead of doing it in-house. Harder replied that if Council Member Cott were referring to the entire fiber system, that system was already in place. This proposal was for the marketing of excess capacity already in place. Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into a Regular Meeting on Tuesday, March 7, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock and Council Member Cott. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 4 I 2City of Denton City Council Minutes March 7, 1995 Page 6 Council Member Cott joined the meeting. 2. The Council considered approval of the minutes of January 24, February 7, February 14, and February 21, 1995. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Severe Weather Awareness Week Professional Social Work Month Denton Red Bud Days 3. The Council considered a request by the Denton Arts and Jazz Festival for an exception to the noise ordinance April 29 and 30, 1995. Joseph Portugal, Assistant to the City Manager, stated that this request was for the 15th annual Arts and Jazz Festival. The exception was for Sunday, April 30 from noon to 8:30 p.m. Perry motioned, Smith seconded to approve the exception. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Resolutions of Appreciation City Manager Harrell stated that. the following six resolutions which honored and expressed appreciation to the City's State legislative delegates were requested by Denton County. These would be presented to the legislators at Denton County Day on April 4. The following resolutions were considered: RA95-006 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE MARY DENNY RA95-007 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE BURT R. SOLOMONS RA95-008 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE JIM HORN city of Denton city Council Minutes March 7, 1995 Page 7 413 RA95-009 RESOLUTION OF APPRECIATION FOR STATE SENATOR JANE NELSON RA95-010 RESOLUTION OF APPRECIATION FOR STATE SENATOR DAVID SIBLEY RA95-011 RESOLUTION OF APPRECIATION FOR STATE SENATOR TOM HAYWOOD Cott motioned, Miller seconded to approve the resolutions. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. citizens Reports A. The Council received a citizen report from Joel Bessire requesting a change in an ordinance to allow pot bellied pigs in the city. Mr. Bessire stated that in November his wife bought a pot bellied pig as a family pet. These animals were clean, did not smell and did not carry fleas. The pig was also litter boxed trained. A neighbor complained to the Animal Control officials regarding the pig. There was an ordinance which prohibited pigs no closer than 1000 feet from a residence. He requested a change in the ordinance to allow him to keep his pig. These pigs were being kept in homes across the nation and were well-mannered and clean. The 1960 swine ordinance meant to keep residents from having a pig farm in a residential area and was not against pot bellied pigs. Joe Dodd stated that there was a difference between farm pigs and pet pigs. An ordinance must be carefully worded so as to not have a pig farm in the City. Laws needed to make sense and the current ordinance did not apply to pot bellied pigs. He urged the Council to find a way around the current ordinance. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Sections 35-76, 35-77 and 35-301 of the Code of ordinances to delete the definition of ,,off-street parking incidental to the main use", delete same from the table of permitted uses and provide a list of permitted circumstances. (The Planning and Zoning Commission recommended approval 5-0). Frank Robbins, Executive Director for Planning and Development, stated that the proposed ordinance amended the zoning ordinance rules with respect to two variables - the main use of a building 1 ~ity of Denton City Council Minutes March 7, 1995 Page 8 and the parking lot incidental to that building. The current ordinance allowed off-street parking incidental to a non- residential use in a single family district if that zoning district existed on the same lot or tract as the main use. The proposed ordinance would delete the definition of "off-street parking incidental to the use" from the table of permitted uses and provided for permitted circumstances. The proposed ordinance was less restrictive than the 1969 ordinance and was consistent with other area city ordinances. The Mayor opened the public hearing. Henry Austin Smith stated that he was in support of the proposed ordinance as was the Denia Area Community Group. The Group was concerned with the mixing of commercial zoning with parking lots in residential areas. Lights could present a problem as could litter from the parking lots. The proposed ordinance would reduce commercial/residential mixing of traffic. John Weber stated that he was in favor of the proposed ordinance and asked Council to consider the ordinance. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76, 35-77 AND 35-301 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELETE THE DEFINITION OF, AND TABLE OF PERMITTED USE ENTRY FOR, OFF-STREET PARKING INCIDENTAL TO THE MAIN USE, AND TO RELOCATEAND CLARIFY RESTRICTIONS APPLICABLE THERETO; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, 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 adoption of an ordinance rezoning .661 acres from the Commercial (C) district to a Planned Development district and adopting a detailed plan. The site was located between Locust and Elm Streets, approximately 140 feet north of Prairie Street. (The Planning and Zoning Commission recommended approval 5-0.) City of Denton City Council Minutes March 7, 1995 Page 9 415 Frank Robbins, Executive Director for Planning and Development, stated that the reason for the planned development was that there was not a zoning district which allowed a straight zoning district to have apartments and non-residential uses in the same building. The planned development would have 6,000 square feet of office on the first floor and nine apartments units on the second floor. The Mayor opened the public hearing. Brian Burke stated that a replat of the property was involved in the process. In the process of consolidating.pieces of lots, driveways would be closed. Minimum floor elevations would exceed the City requirements. He asked for support from the Council. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-043 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL ZONING DISTRICT (C) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. smith motioned, Chew seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye" and Mayor Castleberry "aye" Motion carried unanimously 7. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Bids and Purchase Orders: 2. 3. 4. Se Bid #1697 - Distribution Transformers Bid #1731 - PVC Conduit and Accessories Bid #1711 - Morse Street and Gardenview Sidewalks Bid #1724 - Neighborhood Park Playground Construction Bid #1729 - HVAC Renovation PC #53295 - Motorola 41 ~ity of Denton City Council Minutes March 7, 1995 Page 10 7e Check Requisition - Department of Army Corps of Engineers Be Tax Refunds 1. IBM Credit Corporation - $992.12 8. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances $.A. - 8.D. Smith motioned, Chew seconded to adopt Consent Agenda Ordinances 8.A. - 8.D. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-044 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.1. - Bid #1697, 4.A.2. - Bid #1731) Be NO. 95-045 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.3. - Bid #1711, 4.A.4. - Bid #1724, 4.A.5. - Bid #1729) NO. 95-046 AN ORDINANCE PROVIDING FOR THE EXPDNTIRUE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (4.A.6. - PC #53295) Do NO. 95-047 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR OPERATIONAND MAINTENANCE FEES AT LAKE RAY ROBERTS AS PER CONTRACT AGREEMENT WITH DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. (4.A.7. - Check Requisition) 9. Ordinances A. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton on May 6, 1995, and, City of Denton City Council Minutes March 7, 1995 Page 11 417 if a runoff is required, on June 3, 1995 for the purpose of electing councilmembers to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. city Manager Harrell stated that this was the normal ordinance considered each year calling the municipal election and runoff if necessary. The following ordinance was considered: NO. 95-048 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 6, 1995, AND IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 3, 1995, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 2, 3, AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance leasing Union Pacific and Rails-to-Trails right-of-way between Prairie and Sycamore Streets to Monex Resources Inc. to expedite unloading of rail cars. Mike Bucek, Acting City Attorney, stated that the city was working with union Pacific to reallocate different properties in the area and while that was ongoing, there was a user who needed the property for the unloading of rail cars. The following ordinance was considered: NO. 95-049 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, MISSOURI PACIFIC RAILROAD COMPANY AND MONEX RESOURCES, INC. FOR THE LEASE OF RAILS TO TRAILS RIGHT-OF-WAY BETWEEN SYCAMORE AND PRAIRIE STREETS TO EXPEDITE UNLOADING OF RAILCARS; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry 1 ~ity of Denton City Council Minutes March 7, 1995 Page 12 "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving the mutual termination by the city of Denton and Bruce Brown of the "Tract C" lease of airport property, said property consisting of 33,541.20 square feet and repealing Ordinance No. 94-229. Rick Svehla, Deputy City Manager, stated that several weeks ago, Council considered assigning different leases in the area. Mr. Brown petitioned the Council several months ago to divide his lease and this was the last piece to be released. The following ordinance was considered: NO. 95-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE MUTUAL TERMINATION BY THE CITY OF DENTON, TEXAS AND BRUCE BROWN OF THE "TRACT C" LEASE OF AIRPORT PROPERTY, SAID PROPERTY CONSISTING OF 33,541.20 SQUARE FEET; REPEALING ORDINANCE NO. 94-229; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution recognizing the need for a new Federal Income Tax Credit to encourage the rehabilitation of older buildings for homeownership. (The Historic Landmark Commission recommended approval.) Jane Jenkins, Preservation Officer, stated that it was anticipated that sometime during this congressional session, a bill would be introduced to provide middle class tax relief to owners of historic homes. This tax credit would be very similar to the current credit for income producing properties. The credit would a 20% income tax credit to rehabilitate historic buildings and would limit $50,000 for each residence. This would give an opportunity to individuals in the middle class to renovate their homes. The following resolution was considered: NO. R95-020 A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION OF OLDER BUILDINGS FOR HOMEOWNERSHIP IN THE STATE OF TEXAS, CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton city Council Minutes March 7, 1995 Page 13 419 Smith motioned, Perry seconded to approve the resolution. On roll vote, Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. Council Member Miller expressed a concern that tax relief of this type would be taken out of existing programs. He felt that there was a need to make sure these are restored from the federal government. B. The Council considered approval of a resolution authorizing the city Manager to execute a ground lease agreement between the City of Denton and John K. Selvidge for approximately 0.615 acres of property located at the Denton Municipal Airport. The following resolution was considered: NO. R95-021 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN K. SELVIDGE FOR APPROXIMATELY 0.615 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Smith seconded to approve the resolution. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council postponing the April 4, 1995. considered approval of a resolution 1995 city Council meeting to April 11, City Manager Harrell stated that Council would be attending Denton County Day in Austin on April 4, 1995. The following resolution was considered: NO. R95-022 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 4, 1995 TO APRIL 11, 1995; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council considered nominations/appointments to the Juvenile Crime Interagency Coalition. 2 0City of Denton City Council Minutes March 7, 1995 Page 14 Mayor Castleberry stated that this item had been discussed several times and Council still had an at-large nomination to consider. There was no nomination at this time. 12. The Council considered a nomination to the Keep Denton Beautiful Board and the Traffic Safety Commission. Council Member Chew nominated Mabel Devereaux to the Keep Denton Beautiful Board. Council Member Miller nominated Brenda Minnis to the Traffic Safety Commission. 13. Vision Update Council Member Miller stated that the Vision Statement for the projects was "In the 21st century, we envision Denton as the north star of Texas - a community of excellence for living, working, learning and playing." Four action teams would be formed to deal with the themes of living, working, learning, and playing. The work theme would strive to develop Denton as a leading entrepreneurial city that attracted high-tech, high-skill, and high-paying jobs. Major actions involved in this theme included a business and industrial park, a review and revision of development policies and providing appropriate infrastructure. The learn theme would strive to develop Denton as a community that promoted excellence in lifelong learning by providing educational and training opportunities for all citizens. Major actions for this theme included DISD recognition as an excellent system and promotion and involvement of the universities. The live theme would strive to develop Denton as a safe, attractive community with strong neighborhoods, a unique identity, quality accessible health care, and a sense of historical pride. Major actions for this theme included strong neighborhoods, and well-defined entranceways. The play theme would strive to develop Denton as a center of diverse and accessible cultural and recreational opportunities. Major actions for this theme included construction of a performing arts center/ music hall at UNT, an arts and entertainment corridor and development of the Court House Square. Action Teams were being formed and citizens were needed to become involved with the four different themes. 14. Miscellaneous matters from the City Manager. Council returned to Work Session #2. 2. The Council reviewed the City of Denton's Fiber Optics System Financial Plan and Proforma. City of Denton City Council Minutes March 7, 1995 Page 15 421 Council Member Miller asked what were the next steps for proceeding with the issue. Harder replied that staff would present an ordinance to Council for an agreement with a prospective customer. Council Member Miller stated that he was not clear on the total picture. Would the ordinance be for the process or for a contract with a customer. City Manager Harrell stated that the Public Utilities Board had reviewed the item and had agreed with the recommendations. The Utility staff had been receiving requests from customers to connect to the City's system. If it desired, Council could have another work session to discuss the item in order to proceed with the system. Council Member Miller felt that there needed to be some way to have a public hearing regarding the issue. This was a sensitive area but had not been explored publicly. He asked if there was a mechanism to use to enable the public to have input into the proposal. Council Member Cott felt that an outside entity should be dealing with the proposal. Mayor Castleberry stated that the City was already using fiber optics and asked if approval had already been given to move ahead with the project. City Manager Harrell stated that the Council authorized that fiber optics be laid in city facilities to make use of that system. That was decided a number of years ago. Council had been involved, through the budget process, of approving the connection of the substations throughout the city to the network. The City was now at a point where other entities in the community were asking for access to the excess capacity on the system. There was no policy if that was appropriate for the City to do and was the pricing system which provided discounts to educational and public entities in the community correct. Because of Denton's size it was unlikely that this technology would be widely available unless stimulated by the City. Council Member Cott stated that he questioned if all of the alternatives had been looked at and did not believe cities should be doing this. Mayor Castleberry asked if staff should develop an ordinance. Council Member Cott felt that an ordinance was not needed but that conversation was needed. 2City of Denton City Council Minutes March 7, 1995 Page 16 Mayor Castleberry stated that an ordinance was needed for discussion. Council Member Perry felt that this was a very significant step for the City and had all kinds of possibilities for the City. He felt that the City should move ahead with the project. Council Member Smith stated that the proposal had been discussed over many meetings and felt that the topic had been covered quite well. She was in support of proceeding with the proposal. Council Member Miller felt that public input was needed regarding the possibility. He had been told that GTE had more fiber optics laid than the City did. As this had been considered in a study session there had been no public input. Council Member Chew agreed that had the Council had discussed this issue many times and that the project should proceed. Mayor Castleberry stated that he was interested in the project and requested that an ordinance be developed as soon as possible. city Manager Harrell continued with his items: B. A letter had been received from the North Texas Council of Governments discussing the appointment of the Dalhoma Trail Advisory Committee. It had been requested that two representatives be appointed to serve on that committee. In the past, there had been a staff representative from the Parks and Recreation Department. He suggested that the new Parks and Recreation director be one of the individuals as well as one of the Council Members. Smith nominated the Mayor to one of the positions. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell indicated that the two appointments would be the Mayor and the Director of Parks and Recreation. c. During a recent meeting of the Investment Committee it was noted that all city funds through the investment activity earned $4.9 million worth of interest income. That amount flowed back to various funds of the City. In contrast to the old policy of purchasing certificates of deposit, $705,000 was realized with the new policy. 15. There was no official action taken on Closed Meeting items considered during the Work Session City of Denton City Council Minutes March 7, 1995 Page 17 423 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Smith asked that staff look at a proposed change in the ordinance dealing with swine in the city limits. B. Council Member Miller stated that there would be a dinner in Austin for the legislators in the North Texas area which was being sponsored by the Regional Transportation Council and Council of Government Executive Board. 17. The Council returned to CloSed Meeting to discuss the following: Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered responses to requests for bids from attorneys desiring to be retained to evaluate claim against GTE for delinquent franchise fees. 2. Considered settlement demand in the claim of Masinura Price. Be Ce Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Considered lease with Monex Resources, Inc. Union Pacific and Rails-to-Trails right-of-way. of Discussed possible amendment to leases at Denton Municipal Airport. Discussed the acquisition of property for expansion of the City,s landfill. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 With no further business, the meeting was adjourned. JE~ F~.R~LT~RS ACC00259