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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'