Minutes December 19, 1995106 CITY OF DENTON CITY COUNCIL MINUTES
December 19, 1995
The Council convened into a Closed Meeting on Tuesday, December 19, 1995
at 5:45 p.m. in the civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger,
Miller and Young.
ABSENT: Mayor Pro Tem Biles
1. The following was discussed in Closed Meeting:
A.
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Considered and discussed defense of and the settlement of
RPS Ventures, Inc., et al v. City of Denton and Webber
and Barnes v. City of Denton pending in the 362nd
District Court under Section 551.071 of the Open Meetings
Act.
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec.
551.074
The Council convened into a Regular Meeting on Tuesday, December 19,
1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger,
Miller and Young.
ABSENT: Mayor Pro Tem Biles
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 August 22 and
August 29, 1995.
Brock motioned, Krueger seconded to approve the minutes. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
3. Presentation of the National Keep America Beautiful Award.
Bill Watson, Chair-Keep Denton Beautiful Board, stated that this was the
5th year that Denton had received a national award for Keep America
Beautiful. This was the third place award in the National Keep America
Beautiful Program.
4. The Council received a report from the Blue Ribbon CIP Committee on
a five year plan.
City of Denton City Council Minutes
December 19, 1995
Page 2
107
Joe Mulroy, Chair of the Blue Ribbon Committee, stated that the
Committee's charge was two fold. One charge was to ascertain the needs
and future aspirations of the citizens of Denton and to formulate that
into a capital Improvements Program within the existing tax structure.
The second charge was to sell the bond issue to the citizens and have it
successfully passed. The Committee served as a linkage between the
citizens and their tax dollars. The structure anticipated a continued
comprehensive committee oversight in conjunction with this and future
Councils. The plan worked on reducing the budget by attacking the
source of the problem. An example was the need for athletic fields
which originally was anticipated to be $2.3 million. At this time there
was a question of existing usage and optimal use of the existing
facilities. As the Committee did not have the available facts to make
good monetary decisions on specific field expansions or new
installations, the solution was to put an allowance in Year 4 for $1.1
million. In the meantime, it would be the responsibility of the Parks
and Recreation Department to monitor the usage and future needs of the
athletic fields so when the time came to spend the money there would be
a good idea on what was needed. The Committee felt that in the future,
there was a need to join the different entities in Denton such as
schools, libraries, and parks. All entities needed to move closer
together to work on the planning in these areas.
Margaret Smith reviewed the process of the Committee in selecting
subcommittees to interview individuals in the selected groups. She also
detailed the history of how the CIP package was determined by those on
the Committee.
Kathy DuBose, Executive Director for Finance, presented a budget
overview for the CIP. The CIP was annually based on a no tax rate
increase. That meant that every year the City paid off some of the debt
which decreased the debt service. That allowed the City to issue
additional debt and take on additional debt service without requiring
additional taxes. There were several issues which had to be considered
when looking at future debt. One dealt with previously authorized
unissued bonds. In the 1986 bond election there was $1.4 million
approved but had not yet been issued. That amount would have to be
deducted from any amount which would be considered in this bond
election. Other options included operations improvements and equipment
purchases which were normally done through certificates of obligation.
In the past these were done with certificates of obligation because the
improvements did not meet the criteria for capital improvements such as
a 20 year life span. Certificates of obligation for facilities and
equipment included $190,000 in 1995-96 for city Hall, $715,000 in 1997-
98 for the DMC Phase II, $2 million in 1998-99 for public safety
computer system general government computers. When that was taken out
of the amounts which the City was able to issue, the total bond sale
would be $26 million.
Mulroy stated that the target number was developed by independent input
of the Committee including over 1,000 interviews. This was completely
108
City of Denton City Council Minutes
December 19, 1995
Page 3
independent of staff's prepared budget and was done without looking at
the 1986 figures.
Terry Schertz and Rick Svehla presented an overview of the
transportation portion of the CIP. The Transportation team evaluated the
criteria based on City input, cost factors, demographics, economic
development potential and staff recommendations. The first project in
1995-96 dealt with sidewalks for the next five year period which would
include an extension of Nottingham, arterial lanes with an annual
allocation for road construction, repairs, etc. 1996-97 projects would
include sidewalks and bikeways, Nottingham Phase II, Loop 288 by-pass
right-of-way, US77 from University Drive to I35. 1997-98 projects
included the Masch Branch relocation to be placed east of the creek
which would tie in with Airport Road and Jim Chrystal Road. 1998-99
projects included traffic signals. 1999-2000 included projects on Riney
Road to help with traffic in that area, Willowwood paving, traffic
signals, and Loop 288 south to Teasley.
Svehla stated that each year had street reconstruction money including
money for sidewalk construction and entra~ceway markers into the City.
That money was being recommended to be set aside each year at the
beginning of the year and if, at the end of the year it was not used, a
project could be picked from a list to build sidewalks, streets, etc.
Ronie Beasley and Ed Hodney presented the parks portion of the CIP.
Projects included an upgrade of existing parks in the City which was a
four year project for a cost of $1.7 million. It included new
playground equipment in most of the parks, athletic field renovations,
walkways and access for handicapped individuals to comply with the ADA
requirements, park tables and benches. It was proposed to expand Denia
and North Lakes Recreation Centers due to the crowded condition of the
Centers. The fifth year included additional athletic fields.
Brent Thornton and Jerry Clark discussed the drainage projects. The
team made sure that a plan was developed which would be a footprint from
which other projects could be added to in the future. The team had to
make sure it was equitably spending the taxpayers dollars. Criteria
included home flooding, commercial flooding, and property damage.
Highlights of the projects included Good Samaritan, culverts at
Robertson, culverts at Fletcher Branch, Pace drainage, Eagle Drive
drainage, and the Kerley drainage project.
Svehla stated that it was important to not just look at this five year
plan but to also look at the next five year plan. Footprints would be
recommended for future projects in the next CIP. There were projects
which would help now but which would also lay the groundwork for future
projects.
Council Member Young asked if the #3 drainage project was for
Willowcreek in future bond issues.
City of Denton City Council Minutes
December 19, 1995
Page 4
109
Thornton stated that the area behind the homes would be in this CIP.
The extensions on either side would be in the next bond election.
Council Member Young asked about the dollar amounts for Fred Moore Park
and the Phoenix Park.
Ed Hodney, Director of Parks and Recreation, stated that both parks were
in the upgrade of existing parks projects. Fred Moore and Phoenix were
high priorities because the equipment was in poor shape. The project
would include the replacement of equipment, the construction of walks,
fixing the picnic shelters, etc.
Council Member Young asked about the extension of Newton Street to Scott
Street.
Mulroy stated that that project was on the list for street construction
that would be considered in one of the five years.
Council Member Young asked about money for SPAN benches and overhead
shelters.
Mulroy stated that that was not a consideration of this committee.
Svehla stated that as that was transit oriented, the City would try to
obtain TxDOT money or matching money from the State or Federal
governments.
Council Member Miller stated that in previous bond issues, all the
projects were projected to be funded through the selling of general
obligation bonds. This time the Committee had determined to look at $32
million but only recommend to sell $26 million through general
obligation bonds plus $1.4 million which was already authorized but not
sold. The Committee did not include a snorkel in the proposed projects
and that item might have to revisited. He was unsure what was exactly
included in the second phase for safety computers. He asked about the
funding for the Airport project.
Mulroy stated that the money projected for the Masch Branch Road project
would serve as credit for a 10% match. In regards to the computer
systems, technology continued to evolve as did the needs in the
police/fire systems. There was a need to have the best amount of
equipment for the dollars available. There were budget constraints to
consider with the fire truck which required the Committee to pare down
the amount.
Council Member Krueger asked why $5 million was separated from the total
$32 million.
Mulroy stated that items with infinite life such as streets, drainage,
fifth year construction on buildings, park building and park land were
accepted for twenty year financing. Projects and items with less than
110
City of Denton City Council Minutes
December 19, 1995
Page 5
a twenty year life were financed within the terms of their economic
life. Those items had been carried before in the CIP as certificates of
obligation. The Committee was anticipating continued service by the
team leaders and members as an oversight committee. The scope of the
committee was not determined. The oversight committee could work with
the certificates of obligations as well as the general obligation items.
Council Member Krueger had requested that three traffic intersections be
included in the proposal but only saw one of those intersections
recommended.
Mulroy stated that one project was carried on the list in a named
project. The other two intersections were carried on the other list. It
was an easy function to move those projects to the first list and rate
them with the other projects. The rating included number of accidents,
traffic flow, etc.
Council Member Cott stated that Council promised two fire engines to the
Downtown merchants and to Main Street Association.
Council Member Young left the meeting.
Council Member Cott stated that those were parts already promised and if
so, the committee should not have deleted them.
Mulroy stated that if that was the case, then they should not have been
presented to the Committee that they were choices.
Council Member Young returned to the meeting.
Svehla stated that a public hearing would be held on January 2nd and the
election would be called on January 9th.
5. citizen Reports
A. The Council received a citizen report from Willie Hudspeth
regarding meeting times of the City's Boards and Commissions.
Mr. Hudspeth was not present at the meeting.
B. The Council received a citizen report from Willie Hudspeth
regarding building an amphitheater in Fred Moore Park with CDBG funds.
Mr. Hudspeth was not present at the meeting.
C. The Council received a citizen report from Dessie Goodson
regarding issues concerning the City of Denton.
Ms. Goodson stated that recently she had her utilities disconnected.
She lost everything in her refrigerator when that happened. She lived
on a fixed income and could not replace what was lost in her
111
City of Denton City Council Minutes
December 19, 1995
Page 6
refrigerator. No one knew why her utilities were disconnected as the
Acting city Manager stated to her that the service would not be
disconnected until her bill was straightened out. As a result of a
confrontation with the police she was arrested and had a seizure in the
jail cell.
Council Member Young stated that the City did not hate her as she had
stated but the utility bill was set and if she did not pay the bill, the
service would be disconnected.
Goodson stated that she had been told that her utilities would not be
cut off until her bill had been straightened out but then it was
disconnected the same day.
Council Member Young asked Ms. Goodson to discuss her problems with him
and to make a list of what was lost from her refrigerator.
6. Public Hearings
A. The Council held a public hearing to re-establish the
reinvestment zone for Enterprise Zone I.
Linda Ratliff, Economic Development Coordinator, stated that this
ordinance would re-establish the reinvestment zone for Enterprize Zone
I. The zones had a life of five years and it was time to re-establish
the reinvestment zone for Zone I. It was not necessary to re-establish
the reinvestment zone for Enterprise Zone II as it was done when the
boundaries of that zone were amended. The purpose of the zone was to
allow for tax abatement incentives to business within the boundaries of
that zone.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING ORDINANCE NO. 90-066 TO REESTABLISH A REINVESTMENT ZONE
WITHIN ENTERPRISE ZONE I; AND BOUNDARIES OF THE ZONE BEING
ESTABLISHED AS DESCRIBED IN THE BODY OF THIS ORDINANCE; THIS
REINVESTMENT ZONE BEING WITHIN THE CITY LIMITS OF THE CITY OF
DENTON AND ITS EXTRATERRITORIAL JURISDICTION; DECLARING THE
ELIGIBILITY OF THE ZONE FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT
AND/OR RESIDENTIAL TAX ABATEMENT IN ACCORDANCE WITH CHAPTER 312 OF
THE TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
1 1 210ity of Denton City Council Minutes
December 19, 1995
Page 7
Krueger motioned, Brock seconded to adopt the ordinance.
Council Member Cott questioned the language which indicated that only
the Mayor had the right to do anything in that area.
City Attorney Prouty stated that Section 5 of ordinance stated that the
City directed and designated the Mayor as the city's authorized
representative. In order to go further with the policy, the entire
Council would adopt a tax abatement policy.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", and Mayor Castleberry "aye". Motion carried with a 5-1
vote.
B. The Council held a public hearing and considered adoption of
an ordinance approving Historic (H) overlay zoning for 1513 North
Locust. (The Planning and Zoning Commission and the Historic Landmark
Commission recommended approval.)
Jane Jenkins, Preservation Officer, stated that Dick and Marjorie Waters
had applied for this designation. The application met all of the
criteria for historic zoning.
The Mayor opened the public hearing.
Rick Woolfolk stated that he was in favor of the designation and asked
for Council approval.
Marjorie and Dick Waters asked for support from the Council on their
project.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-248
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY
LOCATED AT 1513 N. LOCUST STREET AS A HISTORIC LANDMARK UNDER
SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to approve the ordinance. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
7. Consent Agenda
Mayor Castleberry asked that Item #7 be pulled for separate
consideration as the new Fire Chief would be with the city soon and he
City of Denton City Council Minutes
December 19, 1995
Page 8
1,13
would like to have the Chief's input before the item was voted on.
Young motioned, Brock seconded to approve the Consent Agenda except for
Item #7. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger
"aye", Brock "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Cott asked if the item were held for a week, would it
pass out of the bid cycle.
Tom Shaw, Purchasing Agent, stated that the vehicle had not been
purchased at this time but that the City had indicated that it would be
purchasing the truck. He requested that Council consider approving the
purchase at this meeting. The truck was currently being built and to
maintain the delivery schedule which was timed with the opening of
Central Fire Station, the vendor indicated that it was critical that
they receive a purchase order prior to January 1st. As there were no
other Council meetings between now and then, he requested Council to
proceed with schedule.
Mike Jez, Director of Emergency Operations, stated that he had faxed the
specifications to the new Chief and the Chief did not indicate any
problems with the purchase based on his limited knowledge of the City's
equipment at this time.
Council Member Young felt that the new Chief needed to be included in
the decision. He asked if there would be any kind of delay on the
delivery if approval waited until the next meeting.
Shaw stated that the truck was at a point in assembly where it needed to
be made for the City or moved to another customer. The truck's
specifications indicated special modifications which needed to be made
now or delay delivery over a period of time. If the Council waited, he
could not guarantee the truck would be delivered before the opening date
of Central.
Jez stated that the Chief's response was that he had reviewed the
specifications and they appeared good and he felt that it was a
satisfactory piece of equipment based on his limited knowledge of the
department at this time.
Council Member Krueger felt that Council had already covered this item
and had given tentative approval for the purchase. He saw no reason to
delay the purchase any longer than necessary.
Miller motioned, Krueger seconded to approve Item #7. On roll vote,
Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "nay". Motion carried with a 4-2 vote.
Mayor Castleberry stated that the City Attorney needed to address Item
#15 - P.O. #61799 to IBM.
114
City of Denton City Council Minutes
December 19, 1995
Page 9
City Attorney Prouty stated that this item was for $2,453,000. He asked
Council to give approval of the item pending the completion of
negotiations and the review of the contract by the City Attorney.
Young motioned, Brock seconded to approve Item #9 subject to the
conditions as indicated by the City Attorney. On roll vote, Miller
"aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
ae
Bids and Purchase Orders:
1. Bid #1812 - Traffic Supplies
2. Bid #1816 - 12 CY Dump Trucks and Truck Chassis
3. Bid #1817 - Loader/Backhoe Tractors
4. Bid #1818 - Forklift
5. Bid #1820 - Fleet Vehicle CID
6. Bid ~1823 - Transformer Repair
7. Bid #1826 - 75' Quint Fire Truck
8. Bid #1829 - Refuse Trucks
9. RFSP #1735 - Management Information Service (MIS)
10. RFSP #1810 - Part-Time Occupational Health Nurse Program
11. Bid #1808 - Morse Street Sidewalk Phase II
12. Bid #1815 - Plugging Abandonment of Wells
13. Bid #1824 - Life Insurance & Accidental Death &
Dismemberment
14. Bid #1825 - Long Term Disability
15. P.O. #61799 - IBM Corporation
Be
Ce
De
Contracts
1. Texas Woman's University - TWU Cares
Contracts - Title IV
1. City-County Day Nursery
2. Fred Moore Day Nursery, Inc.
Contracts - Amendments
1. City-County Day Nursery
2. Fairhaven, Inc.
3. Fred Moore Day Nursery
8. Consent Agenda Ordinances
Council considered the Consent Agenda ordinances 7.A. - 7.J.
Miller motioned, Brock seconded to approve the Consent Agenda Ordinances
subject to the amendment to 6.A.9 as per the city Attorney. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
City of Denton City Council.Minutes
December 19, 1995
Page 10
115
A. NO. 95-249
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR
AN EFFECTIVE DATE. (6.A.1. - Bid #1812, 6.A.2. - Bid #1816, 6.A.3.
- Bid #1817, 6.A.4. - Bid #1818, 6.A.5. - Bid #1820, 6.A.6. - Bid
#1823, 6.A.7. - Bid #1826, 6.A.8. - Bid #1829)
B. NO. 95-250A
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 THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (6.A.9. - RFSP #1738)
NO. 95-250
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. (6.A.10. - RFSP #1810)
C. NO. 95-251
AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR ANEFFECTIVE DATE.
(6.A.11. - Bid #1808, 6.A.12. - Bid #1815, 6.A.13. - Bid #1824,
6.A.14. - Bid #1825)
D. NO. 95-252
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL
SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.15. - P.O.
#61799)
E. NO. 95-253
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND
TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWUCARES, A PRIMARY
HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (6.B.1.)
116
City of Denton city Council Minutes
December 19, 1995
Page 11
F. NO. 95-254
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON CITY-COUNTY DAY NURSERY, TO PROVIDE FUNDING TO DENTON CITY-
COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (6.C.1.)
G. NO. 95-255
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
FRED MOORE CHILD CARE CENTER, TO PROVIDE FUNDING TO FRED MOORE
CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE. (6.C.2.)
H. NO. 95-256
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER TWO
TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY-COUNTY DAY
NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE
KITCHEN FACILITY AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN
EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
(6.D.1.)
I. NO. 95-257
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE
TO THE AGREEMENT WITH THE CITY OF DENTON AND FAIRHAVEN, INC. TO
PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS INCLUDING ELECTRICAL,
SHELVING AND PAINTING AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN
EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
(6.D.2.)
J. NO. 95-258
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE
TO THE AGREEMENT WITH THE CITY OF DENTON AND FRED MOORE DAY NURSERY
SCHOOL, INC. TO PROVIDE FOR CONSTRUCTION IMPROVEMENTS AND
PLAYGROUND IMPROVEMENTS AND TO EXTEND THE AGREEMENT TERM ONE YEAR
IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE
DATE. (6.D.3.)
Ordinances
A. The Council considered adoption of an ordinance amending
Section 2-111 of the Code of Ordinances of the city of Denton by
eliminating the ex-officio positions representing the Central Business
District Association. (Downtown Advisory Board)
Jane Jenkins, Main Street Coordinator, stated that the Main Street
City of Denton City Council Minutes
December 19, 1995
Page 12
117
program reorganized and renamed the Denton Central Business District
Association as the Main Street Association. The Executive Board of that
non-profit Board met jointly with the Downtown Development Advisory
Board so there was no longer a need for the ex-officio members.
The following ordinance was considered:
NO. 95-259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AMENDING SECTION 2-111 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ELIMINATING THE EX-OFFICIO POSITIONS REPRESENTING THE
CENTRAL BUSINESS DISTRICT ASSOCIATION; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Krueger seconded to adopt the ordinance. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance amending
Sections 11-101, 11-106, and 11-107 of the Code of Ordinances for the
purposes of amending the standards for the proximity of fire apparatus
access roadways to buildings, structures, and facilities. (Fire Lane
Requirements)
Rick Jones, Fire Marshall, stated that this ordinance would revise the
existing distance requirements from 50' to 100' and exclude single units
from a fire lane.
The following ordinance was considered:
NO. 95-260
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 11-101.
11-106, AND 11-107 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS FOR THE PURPOSES OF AMENDING THE STANDARDS FOR THE PROXIMITY
OF FIRE APPARATUS ACCESS ROADWAYS TO BUILDINGS, STRUCTURES, AND
FACILITIES; PROVIDING FOR A PENALTY IN THE MOkXIM~3M AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE;
AND DECIDING AN EFFECTIVE DATE.
cott motioned, Brock seconded to adopt the ordinance. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance authorizing
the City Manager to execute a commercial lease agreement between the
City of Denton and Avionics International Supply, Inc. for approximately
0.565 acres of property located at the Denton Municipal Airport, with
options on the lease of additional property comprising an additional
1.745 acres. (The Airport Advisory Board recommended approval 7-0.)
118
city of Denton City Council Minutes
December 19, 1995
Page 13
Joseph Portugal, Assistant to the city Manager, stated that this
ordinance would authorize an agreement between the city and Avionics
Supply, Inc. The firm needed additional space to expand their
operations. The area was located on the east side of the Airport near
Underwood Road.
Rick Woolfolk, Chair-Airport Advisory Board, stated that the Board
recommended approval of the lease.
The following ordinance was considered:
NO. 95-261
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND AVIONICS INTERNATIONAL SUPPLY, INC. FOR
APPROXIMATELY 0.565 ACRES OF PROPERTY LOCATED AT THE DENTON
MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF ADDITIONAL PROPERTY
COMPRISING AN ADDITIONAL 1.745 ACRES; AND PROVIDING AN EFFECTIVE
DATE.
Young motioned, Miller seconded to adopt the ordinance. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
10. Resolutions
A. The Council considered approval of a resolution declaring the
intent to reimburse expenditures for the landfill expansion project with
bond proceeds.
Harlan Jefferson, Director of Treasury Operations, stated that this
resolution was similar to one the Council approved last year. It was
designed to provide funds for the landfill expansion even though the
bonds had not yet been issued. In a prior discussion on this item, it
was felt that there were three benefits to wait to issue the bonds until
1996. Those included a reduction of the city's short term debt service,
a reduction of debt issuance costs, and a reduction of arbitrage
liability. The Council needed to approve the reimbursement resolution
before the end of the year.
The following resolution was considered:
NO. R95-082
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Denton city Council Minutes
December 19, 1995
Page 14
119
Young motioned, Miller seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
and Mayor Castleberry "aye". Motion carried unanimously.~
The following ordinance was considered:
NO. 95-262
AN ORDINANCE AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVAN
COMPANY, A TEXAS CORPORATION FOR THE PURCHASE OF APPROXIMATELY 134
ACRES OF LAND FOR FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN
EFFECTIVE DATE.
Howard Martin, Director of Environmental Operations, stated that the
purchase of this property was essential to the expansion of the
landfill. Council entered into an agreement with the Sullivans on April
6, 1993 and the purchase option expired December 31, 1995. The contract
had been structured in that manner in order to have time to evaluate the
property for landfill development.
Young motioned, Brock seconded to adopt the ordinance. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution consenting to
the sale by the Texas Municipal Power Agency ("TMPA") to Texas Utilities
Electric Company ("TUEC") of certain metering equipment that is no
longer needed or useful for the TMPA system. (The Public Utilities
Board recommended approval.)
Howard Martin, Director of Environmental Operations, stated that on
January 1, 1990 TMPA member cities entered into a contract with College
Station to supply electric power. Metering and transmission equipment
was constructed by TMPA to support the member cities sale of electricity
to College Station. The cost of the metering equipment was to be
reimbursed by the cities to TMPA over a five year period. Each city's
share was based on their share of excess generating capacity. Recently
College Station had made a decision to purchase electricity from TU
beginning January 1, 1996. As a result, the member cities contract
would expire on December 30, 1995. After that date, the metering
equipment under consideration would no longer be needed or used. The
Planning and Operating Committee had determined and TU agreed to pay
$85,752 for the metering equipment. Denton's share would be $11,799.48.
The following resolution was considered:
120
city of Denton City Council Minutes
December 19, 1995
Page 15
NO. R95-083
A RESOLUTION CONSENTING TO THE SALE BY THE TEXAS MUNICIPAL POWER
AGENCY ("TMPA") TO TEXAS UTILITIES ELECTRIC COMPANY ("TUEC") OF
CERTAIN METERING EQUIPMENT THAT IS NO LONGER NEEDED OR USEFUL FOR
THE TMPA SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Young seconded to approve. On roll vote, Miller "aye",
Yo%lng "aye", Cott "nay" , Krueger "aye", Brock "aye", and Mayor
Castleberry "aye". Motion carried with a 5-1 vote.
11. The Council received an update on the Municipal Court.
This item was not considered.
12. The Council considered nominations/appointments to the city's
Boards and Commissions.
Mayor Castleberry stated that Council Member Brock had previously
nominated Rebecca Arnold-Moore to the Sign Board of Appeals. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously.
13. vision Update.
Council Member Miller stated that the Vision cabinet had approved the
strategic plans for each of the four major groups. It voted to have
each of the participating agencies take the information back to the
separate entities. This would be considered at a future Council work
session.
14. Miscellaneous matters from the City Manager.
There were no items presented by the Acting City Manager.
15. There was no official action taken on Closed Meeting Items.
16. New Business
The following items of New business were suggested by Council Members
for future agendas.
A. Council Member Young requested that the City speak to the
Railroad to have the bar ditches between Sycamore and Prairie cleaned.
He also requested that the City clean the bar ditches between Prairie
Street to Robertson street.
B. Council Member Cott requested a discussion item on the next
agenda to consider extended hours for on-premise sales, service and
consumption until 2 a.m.
City of Denton City Council Minutes
December 19, 1995
Page 16
121
C. Council Member Brock requested an update on the Internet
usage.
17. There was no continuation of the Closed Meeting during the Regular
Session.
With no further business, the meeting was adjourned 9:50 p.m.
J~NIP~WALTERS
C~Y SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON, TEX~S
/
ACC002DA
122'