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Minutes February 20, 1996212 CITY OF DENTON CITY COUNCIL MINUTES February 20, 1996 The Council convened into a Closed Meeting on Tuesday, February 20, 1996 at 5:45 p.m. in the civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Considered performance evaluation and pay adjustment for the Acting City Manager The Council convened into a Regular Meeting on Tuesday, February 20, 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the following proclamations: Tough Love Programs Against Violence Month Kappa Delta Child Abuse Child Abuse Day 2. The Council considered approval of the minutes of October 10, 1995 and October 17, 1995. Biles motioned, Brock seconded to approve minutes as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. citizen Reports A. The Council received a citizen report from Willie Hud~p~h ~garding the meeting times of the City's Boards and Commissions. City of Denton City Council Minutes February 20, 1996 Page 2 213 Mr. Hudspeth stated that he wanted to again speak on the number of agenda items which a citizen could place on an agenda. He did not make some of the meetings he was to attend but did notify people that he would not attend the meetings. He likened this issue to a football game. Without rules and regulations, a team could not function as the rules would change during the game. Sections 6C and 6.5 of the Council's Rules of Procedure were the ones he as a citizen had to work with. He was attempting to play the game but the Council was changing the rules in the middle of the game. The charge that the Agenda Committee was charged with had nothing to do with changing the rules nor interpreting the rules. The City Attorney did not say that the rules indicated that the Committee could determine and add to the rules. The rule stated that a citizen could submit an agenda item and had five minutes to discuss that item. No where did it indicate that he could only put one item on the agenda. He felt that the Agenda Committee made that ruling and this Committee did not have the authority to make that ruling. A simple procedure would be to change the rules to make it clearer for the citizens. Council Member Brock stated that Section 6.5 indicated that speakers before the Council were requested to limit their remarks to five minutes or less except non-public hearing items which were three minutes. The regulations did not try to restrict the number of items a citizen could discuss. It only indicated that a citizen would have five minutes to discuss what he wanted to discuss. The Council was in the process of rewriting several sections to make this very clear and to change the regulations so that when a citizen made a request to be on an agenda, he would not be required to list a topic. A citizen could then chose what he wanted to present but would still be limited to five minutes. Hudspeth stated that that was what would be needed. Section 6C referred to an agenda item and not the number of items. If it meant only one agenda item, the language needed to be changed to make it clearer. Mayor Pro Tem Biles stated that Section 6.3 was entitled "Presentations by Members of Council", Section 6.4 was entitled "Presentation by Citizens". Section 6.4 appeared to address citizens who wanted to place an item on the agenda for consideration by Council at a public hearing. He felt that needed to be distinguished from allowing time for citizen reports. There should be a separation between citizen reports and public hearings. The Agenda Committee did not interpret the rule but rather it was a custom which had been done over a number of years. No particular members of Council wanted to restrict his presentations. B. The Council received a citizen report from Joe Dodd regarding public inpu% to Council meetingm. Mr. Dodd stated that the Council's rules had changed over the years for the betterment of the citizens of Denton. He felt the 214 City of Denton City Council Minutes February 20, 1996 Page 3 implementation of some of the rules might have caused some confusion but he knew that citizens could schedule a citizen report which was limited to five minutes, citizens now had the ability to address any item listed on the agenda. One citizen report per person could be listed on the agenda for five minutes on any number of topics and could speak for three minutes on any agenda item. There was no lack of ability to address the Council at this point in time. Willie Hudspeth stated that, unless Mr. Dodd was present at all times, some people needed to have the rules written out for everyone to understand. City government allowed citizens to have a voice and he appreciated it when the Council worked to clarify the issues which citizens brought to their attention which were unclear. This Council had allowed him to speak and the Council was interested in what he had to say. C. The Council received a citizen report from Dessie Goodson regarding a general discussion of the city. Ms. Goodson stated that Animal Control could not follow instructions in removing a dead animal unless an official was calling. She felt it was ironic that SPAN advertised going to medical facilities in Dallas and Fort Worth but neglected to indicate that the fare was $40 round trip. The reason for the high fare was that SPAN was not allowed to travel outside Denton County. She had to cancel a doctor's appointment due to this fare. SPAN was using a new 40 passenger bus and another SPAN vehicle to travel to Cook and wise County to transport workers to Boeing in Corinth for only $2.60 and $2.20 round trip. SPAN owed an explanation to the paratransit riders why Denton's fare was $3 higher within the City limits than those fares in Cook County. SPAN rules indicated that new routes needed to be publicized before started. Nothing was publicized on the survey which was done. Information on SPAN was not publicized as stated. She felt she was discriminated against in issues concerning her. She indicated that she was going to file suit in Federal Court to get these issues concerning SPAN done correctly. 4. The Council considered approval of a Resolution of Appreciation supporting the Denton County Sesquicentennial and Denton County Courthouse Centennial. The following resolution was considered: RESOLUTION IN APPRECIATION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE DENTON COUNTY SESQUICENTENNIAL AND DENTON COUNTY COURTHOUSE CENTENNIAL. Krueger motioned, Young seconded to approve the resolution. On roll vote, Miller "aye" Young "aye" Cott "aye" Krueger "aye" Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. city of Denton City Council Minutes February 20, 1996 Page 4 215 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 10.994 acres to a Multi-Family-One (MF-1) zoning district from the General Retail (GR) district. The site, known as Mack Park Apartments, was located on the east side of Audra Lane, approximately 500 ft. north of McKinney St. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director of Planning and Development, stated that this proposal was a rezoning from general retail to MF-1 for the existing use which was built there. This was the site of an existing apartment complex. Before 1988, when the cumulative uses were modified, apartments were allowed to be built in the general retail district. However, today that was not the case and since 1988 apartments had been non-conforming uses in non-residential districts. ~. Mayor Pro Tem Biles left the meeting. Robbins continued that there was one notice returned in opposition. That individual attended the Planning and Zoning Commission meeting and was concerned that it was his property which was being rezoned. This proposal was a down zoning and was consistent with the Denton Development Plan. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. Council Member Cott left the meeting. The Mayor closed the public hearing. The following ordinance was considered: No. 96-034 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10.994 ACRES OF LAND LOCATED ON THE EAST SIDE OF AUDRA LANE, APPROXIMATELY 500 FEET NORTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. 216 city of Denton City Council Minutes February 20, 1996 Page 5 B. The Council held a public hearing and considered adoption of an ordinance rezoning 1.12 acres from the Agricultural (A) zoning district and use classification to the office Conditioned (O(c)) zoning district and use classification, and rezoning 0.38 acres from the Agricultural (A) zoning district and use classification to the single Family 10 (SF-10) zoning district and use classification. The subject property was located on the west side of Bonnie Brae, approximately 2,200 feet south of 1-35E. (The Planning and Zoning Commission recommended approval 6-0.) Mayor Pro Tem Biles and Council Member Cott returned to the meeting. Frank Robbins, Director for Planning and Development, stated that the area to rezone was south of the existing Liberty christian School and was for the expansion of that school. The existing house in the proposed SF-10 district would remain and could not be used for the private school in that zoning. There would be a change of zoning from "A" to "SF-10" where the current house was located. With the Planning and zoning Commission hearing, there was 24% opposition but with the conditions imposed by the Commission, the opposition was reduced to below 20%. One issue concerning the neighbors was that there be no additional access allowed to the school from Bonnie Brae. Another condition was that there would be no maintenance facility in the area. Liberty christian had no intention to build such a facility but was added as a condition. The Mayor opened the public hearing. Greg Edwards stated that the school was a valuable asset to the community. It was trying to improve the services which it provided at the school. It was proposed to build a gymnasium on the site which would improve the facilities for sports and physical education at the school. The proposal would not provide any more classrooms or students at the site. The School had cleaned up the area and would continue to do so as the plans were implemented. The remainder of the area would be a park setting. The SF-10 zoning was requested so that the owner of the home on the site could do minor expansions of the home, if desired. The School had an option to purchase the property but did not have any intentions to do so at this point in time. The School needed the area to expand its current use. Dwight Gailey stated that the owner of the property indicated to the School that he wanted to sell the property. Liberty Christian needed property to build a gymnasium on but did not need the single family home. Mr. Frank purchased the home separately. There was a present driveway which was used by the owner of the home. There was never any intentions for a service barn. The intention was to keep the vehicles off the street where presently they were parked within 30 yards of the street. The purpose of the proposal was to get the vehicles off the street, build a gymnasium and perhaps a small playground. City of Denton City Council Minutes February 20, 1996 Page 6 Tracy Norwood stated that he would be looking at a gymnasium out his back door and question~d~w-ha~t~'~bf fence would be built. 217 Robbins stated that a six foot fence made of wood~ masonry or a living screen would be required. The fence would be required along the entire property line between the properties. Norwood stated that he currently had an eight foot chain link fence and the required fence would be less than what he currently had. He indicated a desire to have an eight foot fence. The height of the proposed gymnasium could be quite an eyesore in the future. Council Member Krueger left the meeting. Larry Frank stated when Mr. Reeves decided to sell the property and the School was not interested in the residence, he offered to buy the property. At the Planning and Zoning Commission meeting, there was a discussion as to requiring him to ci6se his circle driveway. He purchased the property which had a double drive carport, a circle drive and a drive down the south side of the property. He had two storage buildings on southwest corner of the property and did not want a restriction on a circle driveway which had been in existence for twenty years. He was in favor of the proposal but not to the closing of his driveway. The School had an option on the property which would require different zoning in the future. Council Member Krueger returned to the meeting. The Mayor closed the public hearing. Council Member Krueger stated that Robbins had mentioned that the construction of the fence could be wood, mason or a living screen. Robbins stated that the living screen would be plants which were six feet tall and which could not be seen through. Council Member Krueger stated that if th~cu~rent fence was eight feet which could be seen through, the only choice would be to have a living screen. A living buffer would eventually obstruct the view of the building. Gailey stated that the School had not agreed to an eight foot fence. The present fence was an eight foot cyclone fence which was in disarray and could be completely seen through. For approximately the last 10 years, Mr. Norwood had been looking at a mess in the neighbor's yard and at the back of the present gymnasium. A six foot high fence would be a better situation than what was currently there. Council Member Krueger felt that a living screen would be better than a constructed fence. 218 City of Denton City Council Minutes February 20, 1996 Page 7 Gailey stated that it might take several years to grow a six foot high fence. Council Member Cott asked why anything had to be built. Robbins stated that it was a regulation of the landscape ordinance. This could be an option to deal with during the building permit phase. If Council wanted to add a requirement that it be a vegetative screen, it would have to be added as a condition to the ordinance. Council Member Krueger felt that it was cheaper to plant a vegetative screen which was also more stable in the long run. Mayor Pro Tem Biles felt that there was a need to discuss the situation with the developer and the property owner as to whether to plant a living screen in the area to help screen the property. A living screen was an alternative but should not be imposed by the Council. A wooden fence would be better for security etc. in the area. Gailey stated that he was willing to negotiate the issue. Norwood stated that the fence now was in the wrong location according to the survey. He did not want a living screen instead of a wooden fence. The following ordinance was considered: NO. 96-035 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND THE SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.50 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY 2,000 FEET SOUTH OF 1-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Young seconded to adopt the ordinance as recommended by the Planning and Zoning Commission. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Mayor Castleberry indicated that Bid ~1863 had been pulled consideration. from City of Denton City Council Minutes February 20, 1996 Page 8 Brock motioned, Young sec~ ~ ~app~6~e the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid # 1805 - Cement Lime & Aggregate (Re-award of Bulk Cement) 2. Bid # 1852 - Tractor 90 HP 4WD 3. Bid # 1853 - Used Telescopic Boom Excavator 4. Bid # 1854 - Pneumatic Tired Roller 5. Bid # 1860 - Truck Beds & Bodies 6. Bid # 1861 - Skid Steer Loader 7. Bid # 1862 - Rubber Track Excavator 9. Bid # 1866 - Water Treatment Chemicals 10. Bid # 1867 - Teasley Landscape Nursery Stock 11. Check Requisition - Upper'Trinity Regional Water District 12. P. O. #60177 - Ash Properties 13. P. O. #63088 - AIS Continental - Repair of Rubber Tire Loader B. Tax Refunds Gelco Corporation, $753.52 First American Title Company for Robert Middle, $617.94 T & B Prop. Ltd. P/S, $926.51 Tonsi P. Miller-Manns, $645.68 7. Consent Agenda ordinances Council considered the Consent Agenda ordinances 7.A - 7.D. Brock motioned, Young seconded to adopt the ordinances. On roll vote, Miller "aye", Young "aye", Cott ,,a~e"~, Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberr~ "aye". Motion carried unanimously. A. NO. 96-036 AN ORDINANCE AMENDING ORDINANCE NO. 95-215 RELATING TO THE AWARD OF BID NUMBER 1805 FOR THE PURCHASE OF CEMENT, LIME AND AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid #1805) B. NO. 96-037 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.2. - Bid #1852, 6.A.3. - 219 22O City of Denton city Council Minutes February 20, 1996 Page 9 Bid #1853, 6.A.4. - Bid #1854, 6.A.5. - Bid #1860, 6.A.6. - Bid #1861, 6.A.7. - Bid #1862, 6.A.9 - Bid #1866, 6.A.10 - Bid ~1867, 6.A.11. - Upper Trinity Regional Water District. C. NO. 96-038 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.12. - P. O. #60177) D. NO. 96-039 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.13. - P. O. #63088) 8. Ordinances A. The Council considered approval of an ordinance approving amendment Number 3 to the agreement between the city of Denton and HDR Engineering, Inc. for professional engineering services. Howard Martin, Director of Environmental Services, stated that staff was requesting approval for Amendment No. 3 to the HDR contract for landfill services. The engineering services involved six additional tasks which were outside the original scope of services totalling $23,200 and one year of additional project management in Phase Three for a total of $12,000. Task Number Two was a redesign of the landfill configuration due to the removal of the wetland areas originally identified. Task Number Three was modeling of the detention pond which impacted the flood plain on the south side of the site, Task Number Four was the preparation of information and mapping for annexation, and Task Number Five was within the scope and no additional funding was required. Task Number six was a revision of the footprint to accommodate the landscaping plan internally required for $5,000 and a revision of the FEMA flood plain map for $8,000. The Public Utilities Board recommended approval of the amendments. council Member Cott asked if this was for the original landfill site. Martin replied that this was associated with the expansion of the new site. council Member Cott asked if it included any of the first landfill site. City of Denton city Council Minutes February 20, 1996 Page 10 Martin replied that it included the 200 acres purchased for the new landfill site. 221 Council Member Cott stated that the contract was to close the two landfills. Martin replied that the current contract was for the permitting, engineering and design of the new landfill site. It did not have anything to do with the closure of the landfill. The following ordinance was considered: NO. 96-040 AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES; !~AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. Mayor Pro Tem Biles stated that in the discussion of the back-up materials for Amendment ~5, staff felt this should have been taken care of before. Martin replied correct and supported their position. decided not to charge the workshop. that the Public Utilities Board After a discussion with HDR, they City with the activities for the Mayor Pro Tem Biles stated that the items were already done and staff was now asking for approval for amendments. Martin replied correct. Mayor Pro Tem Biles asked what would happen if the Council did not approve the amendments. ~ Martin replied that the City owed HDR $23,!200 which they would not receive for work which the city asked HDR to perform which was outside the original scope of the contract. Mayor Pro Tem Biles asked why HDR was being asked to do work outside the scope of contract and then the amendment was being presented to Council as an afterthought. Martin replied that they were trying to move quickly through the process. As a result, if each item was brought before Council, it would be very time consuming. If Council wanted such a procedure, they certainly would do so. They had b~n trying to accumulate a small amount, progress through the issues and activities and then make these amendments. 222 city of Denton city Council Minutes February 20, 1996 Page 11 Mayor Pro Tem Biles stated that at times, it was more effective and efficient to go ahead and get the work done. But he was concerned that the changes were being proposed for work which was outside the scope of the contract and felt that staff was being burdened to deal with this as an after the fact occurrence, then the Public Utilities Board as an after-the-fact occurrence and then Council. Amendments #4 and #6 appeared to be items which the Planning Department imposed on the consulting contract by requiring that maps be prepared. Martin replied that those were internal processes which required additional engineering services to accommodate the landscaping plan and to accommodate the zoning. Mayor Pro Tem Biles felt that if these were maps which were needing to be prepared in order to have the names and addresses of property owners, why was the Planning Department not doing that work. Was this a map which was required for the permitting process with TNRCC. Martin replied that it was used in both cases. First the Planning and Zoning Commission was asked to contact property owners within 200 feet. TNRCC rules required a half mile range. HDR helped put together that property list which included that half mile as well as the 200 feet. The Public Utilities Board outlined the procedure for staff to follow for situations when an issue required additional services. Staff was to notify the Board, present to them the procedure and get preliminary approval from the Board before moving ahead. By doing that the Board was kept informed of what was going on and staff knew that the Board was in agreement on what was being done. Council Member Miller stated that these took place over a long period of time. This was common for long term large contracts. Amendments needed to be done in a timely and an orderly manner to get the project done. Council Member Krueger asked what were the limits on change orders before coming to Council. Acting City Manager Svehla replied it was $15,000 per amendment. Council Member Krueger felt that the money had been spent for the changes without the knowledge of the Council. The amendment might have been needed but Council was not aware of those changes befor~ being done. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. City of Denton City Council Minutes February 20, 1996 Page 12 B. The Council considered approval of an ordinance authorizing the Mayor to approve the Water Main Participation Agreement between the city of Denton and Lodge Construction Company Inc. Bob Nelson, Executive Director for Utilities, stated that this was a request for participation in oversizing of a water line for the Estates of Forrestridge Section II. There was 2,175 feet of water line which the Development required. The City was requesting a 12" water line in the area to serve the future development. Council Member Cott left the meeting. Nelson stated that the difference in cost was $8 per foot which amounted to $17,400. The following ordinance was considered: NO. 96-041 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the city of Denton and the Upper Trinity Regional Water District for the use of former Missouri Pacific Railroad right-of-way for operation and maintenance of a wastewater line. Bob Tickner, Superintendent of Parks, stated that the Upper Trinity Regional Water District had asked for an interlocal agreement which would allow them to place a wastewater treatment line on the lower 1/10 of a mile of the proposed rails-to-trails project in the city of corinth. Council Member Cott returned to the meeting. Tickner continued that currently there was a lift station in the area and the UTRWD wanted to extend the line past Swisher Road. Both entities were serving the City of Corinth. Staff felt that the proposal would not interfere with the project as the line would be underground. 223 The following ordinance was considered: 224 city of Denton City Council Minutes February 20, 1996 Page 13 NO. 96-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT-OF-WAY FOR OPERATION AND MAINTENANCE OF A WASTEWATER LINE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending Ordinance 95-180 changing the SR and SRW rates for residential wastewater service to establish a new weighted average methodology for determining residential wastewater rates, and to establish a separate procedure for determining residential wastewater rates, applicable only to the months of December 95, January 96 and February 96. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this ordinance was presented to Council at a prior work session. The change would provide credit to those customers who used more than the average of the year before. The following ordinance was considered: NO. 96-043 AN ORDINANCE AMENDING ORDINANCE 95-180 BY CHANGING THE SRAND SRW RATES FOR RESIDENTIAL WASTEWATER SERVICE TO ESTABLISH A NEW WEIGHTED AVERAGE METHODOLOGY FOR DETERMINING RESIDENTIAL WASTEWATER RATES, AND TO ESTABLISH A SEPARATE PROCEDURE FOR DETERMINING RESIDENTIAL WASTEWATER RATES, APPLICABLE ONLY TO THE MONTHS OF DECEMBER 95, JANUARY 96 AND FEBRUARY 96; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance naming certain property within the City of Denton, Owsley Neighborhood Park. ~ ~o~ney, Director for Parks and Recreation, stated that in 1994 a small piece of property was acquired to serve as parkland in %he Owsley Addition. The land was acquired with Community Development Block Grant funds. Once the park was acquired, CDBG dollars were City of Denton city Council Minutes February 20, 1996 Page 14 again used to develop the park which was Completed in August 1995. The City policy required that in order to name a park, the Parks and Recreation Advisory Board had to present a recommendation to the Council. The Board recommended the name of Owsley Neighborhood Park. ~ The following ordinance was considered: NO. 96-044 AN ORDINANCE NAMING CERTAIN PROPERTY WITHIN THE CITY OF DENTON, OWSLEY NEIGHBORHOOD PARK; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye" and Mayor Castleberry~ "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending ordinance No. 94-183 relating to the Rules of Procedure of the City Council of the City of Denton, Texas, by providing that every member of the City Council would have at least one opportunity to speak on each item before the City Council. The following ordinance was considered: NO. 96-045 AN ORDINANCE AMENDING ORDINANCE NO. 94-183 RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL HAVE AT LEAST ONE OPPORTUNITY TO SPEAK ONEACH ITEM BEFORE THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Brock seconded to adoptthe ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to request reimbursement pursuant to the Public Transportation Contract with the Texas Department of Transportation. Joseph Portugal, Assistant to the city Manager, stated that approval of this resolution would authorize the City Manager to reques% reimbursemen% from %he Texas Depar~men% of Transportation for planning and operational expenditures during the previous grant year. 225 226 City of Denton City Council Minutes February 20, 1996 Page 15 The following resolution was considered: NO. R96-008 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST REIMBURSEMENT PURSUANT TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered appointments to the Diversity Task Force. Mayor Castleberry indicated that there was a Request to Speak card from Willie Hudspeth. Willie Hudspeth commented on the appointments. He urged the Council to appoint individuals who would be willing to work with others with different opinions. The Task Force needed people who could see the other side. Council Member Krueger appointed Willie Hudspeth. Council Member Young appointed Kenneth Davis and Robert Green. Mayor Pro Tem Biles appointed Tony Desoto and Lindsay Keffer. Council Member Cott appointed Ray Cornay and Byron Woods. Council Member Brock appointed Kent Miller and John Price. Council Member Miller appointed Rosemary Rodriguez and Dennis Stephens. Mayor Castleberry appointed Alice Alexander and Derrell Bulls. Acting city Manager Svehla appointed Tonya Williams, Lee Ann Bunselmeyer, Joannie Housewright, and Ed Hodney. ll. Vision Update Council Member Brock indicated that there was a cabinet meeting the next week. 12. Update from Municipal Judge. There was no update from the Municipal Judge at this meeting. City of Denton city Council Minutes February 20, 1996 Page 16 13. Miscellaneous matters from the City Manager. 227 Acting City Manager Svehla presented the following items: A. There would be a ribbon cutting next Tuesday evening at 4 p.m. for the Owsley Neighborhood Park.i~ B. Sharon Mays had been hired as the new Director of Electric Utilities. C. There would be no meeting on March 12th as some Council Members would be returning late from the NLC Conference in Washington. 14. The Council took the following official action on Closed Meeting Items: Biles motioned, Young seconded that based on the City Council's evaluation of Rick Svehla's performance as the Deputy City Manager and as the Acting City Manager, and the City Council having found that Mr. Svehla met the requirements of his job, fully meeting and in many instances exceeding those expectancies, that in accordance with the Council's adopted 1995-96 pay increase budget, Mr. Svehla's pay be increased by 6% effective April 15, 1996. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Biles requested that the city Attorney and Acting City Manager prepare a work session item on a discussion of contract revisions. B. Council Member Brock noted the Council's Adopt-A-Spot condition. 16. The Council did not meet in a continued Closed Meetingl With no further business, the meeting was adjourned at 8:50 p.m. ENNI ~ER WALTERS ITY SECRETARY CITY OF DENTON, TEXAS ACC002ED BOB CASTLEBERRY, MA~B~ CITY OF DENTON,