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Minutes March 19, 1996 CITY OF DENTON CITY COUNCIL MINUTES March 19, 1996 The Council convened into a Closed Meeting on Tuesday, March 19, 1996 at 5:15 p.m. in the civil Defense Room. 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: The Council convened into a Regular Meeting on Tuesday, March 19, 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller and Young. ABSENT: Mayor Pro Tem Biles and Council Member Krueger 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. Flag and Texas Flag. 2. The Council considered approval of the minutes of November 7, November 14, November 21, and November 28, 1995. Mayor Pro Tem Biles and Council Member Krueger joined the meeting. Cott motioned, Brock seconded to approve the 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. Mayor Castleberry presented the following proclamations: Believe It or Not I Can Week Stay in School Year Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meeting times for City Boards and Commissions. Mr. Hudspeth stated that he had a concern about the meeting times for the boards and commissions. The purpose of the commissions, comprised of citizens, was to give information to the Council. He appealed to the Council to consider where the majority of those citizens were from. Those individuals were working individuals and he felt that the boards and commissions were not represented by those working individuals. Eight of the boards/commissions met between 9:00 a.m. - 4:00 p.m. and seven met between 5:00 p.m.- 5:30 p.m. There was only one board which met after 5:30 p.m. He realized that the Council did not tell the boards and commissions 255 256 City of Denton City Council Minutes March 19, 1996 Page 2 when to meet but he asked Council to look into the matter. There was another large population which did not get to be on boards/commissions as they were working. Another item he requested Council to consider was a stage for Fred Moore Park similar to the one in the Civic Center Park. Council Member Young stated that he would look at the hours for the boards/commissions as he felt they discriminated against the working citizens in Denton. The CDBG Committee did not fund the stage at Fred Moore Park this year but would be reconsidering the item in the future. B. The Council received a citizen report from Dessie Goodson regarding streets in the City of Denton. Ms. Goodson presented a picture to Council regarding an area behind the Pizza Inn on Denison Street. She had asked the Health Department to take care of the issue but the trash still stayed in the area. The restaurant indicated that it threw out food for the squirrels and birds to eat. She asked that the city respond to the potholes and drainage at the intersection of Amarillo and Greg. The drain was clogged with debris and she wanted to know when it would be corrected. SPAN had added a new stop on the Green Route for the branch library. This route was not publicized and the stop was not indicated as a new stop. On the third of the month she had to call a plumber to investigate her sewer line. The plumber ran 70' of cable in the line with no problem indicated. She paid to clean out part of the City's drainage and had filed a claim for the amount she paid the plumber. She asked to meet with the Executive Director of Utilities, the Acting City Manager and the Public Utilities Board to explain how one individual could use 86 gallons of water and wastewater in one day. She requested an explanation about her bill. 4. The Council held a discussion and gave staff direction concerning the schedule and selection process for selecting a City Manager. Tom Klinck, Director of Human Resources, stated that the consultant would be finalizing the finalists for Council consideration in a week. He reviewed the schedule for March 27th through March 30th. He presented the Council a list of questions to consider and asked them to narrow the questions to approximately twenty five to use for the panel interview guide. Biles motioned, Brock seconded to authorize the consultant and his firm to proceed with the instructions and actions concerning the selection of the finalists for the position of City Manager as discussed in Closed Session. City of Denton City Council Minutes ~ . March 19, 1996 Page 3 257 Council Member Young felt that the process not correct. The consultant brought in many candidates but the list had a problem. He would be voting against the process as it was not fair. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council reviewed and gave staff direction concerning the proposed charter and bylaws of the Economic Development Corporation of Denton. City Attorney Prouty stated that the Council had been provided with copies of the resolution which authorized the creation of the Economic Development Corporation of Denton, the Articles of Incorporation and the by-laws. These documents were highlighted to indicate changes which were made from the previous set of documents. Section 4.04 of the by-laws, which detailed various duties and tasks of the EDC, was changed. It was recommended to delete that section and replace it with Subsection 201.6 which dealt with purposes and duties. That subsection required the EDC, with the help of the city and Chamber, to perform the various tasks and charges which were required in the second amendment to the Chamber contract. Mayor Pro Tem Biles left the meeting. city Attorney Prouty continued that another change in Section 3.01 allowed the Board to establish membership classifications without the approval of the City Council. There still was a question of whether that could be done. Section 4.02 indicated that, in addition to the five members to be appointed by the Council, the EDTC recommended that the entire Council be ex-officio members and Council appoint up to five additional ex-officio members with the EDTC recommending that three of the member~be the City Manger, the staff head and volunteer head of the Chamber. Two sections on meetings were combined which allowed the Board to determine the times for their regular meetings with a minimum of four meetings per year. Special meetings could be called by special circumstances. There must be at least three affirmative votes to take action by the Board and the section on standing committees was eliminated. Staff was seeking direction on the language of the by- laws and whether or not the Council wanted to accept the changes or make additional changes. Staff also needed Council to make decisions on the Board of Directors to the Corporation and the relationship between the EDC and the Chamber. In the by-laws this was outlined with the EDC contracting with the city for various administrative, technical and financial services or could choose to contract with outside consultants. If the EDC wanted to contract with the city, the Council would have to decide whether or not to require reimbursement for staff time spent performing these 258 city of Denton City Council Minutes March 19, 1996 Page 4 functions and the form of reimbursement. The proposed election for the sales and use tax was not until August. There might still be a question of how the new EDC would be funded from the time it was created until the election. Mayor Pro Tem Biles returned to the meeting. Council Member Brock stated that one of the questions she had asked of the Economic Development Transition Committee when this was first presented to Council was the issue of accountability. The answers given from the EDTC emphasized the strong role of the Council and the fact that the Council was the elected body which was accountable to the taxpayers. She felt that the Council's role was reduced in the proposed changes. There was a change from a list of specific tasks to be carried out by the EDC and fairly close supervision being replaced by giving the EDC a lot of flexibility and very little supervision. She questioned why the EDTC moved in that direction. A long list of tasks and duties was replaced with a general statement. Also the Council would be limited in who it could appoint as ex-officio members as three members were already indicated. There was also the issue in the proposal that the members of the EDC would be residents of the city whereas the chairman of the Board of the Chamber might be a non- resident. Council Member Krueger felt that the changes were not drastic and that the by-laws were too long to start with. Carl Anderson, Vice-Chair of the EDTC, stated that the Committee was not heading in that direction. In the annual plan of action and the annual budget, the Council would address any such questions. It was not the recommendation of the Committee to include the three named individuals as ex-officio members. The Committee's recommendation was to make all members of the Council ex-officio members and Council could appoint up to five other ex- officio members and could, in addition to those five, appoint one of those three or all three individuals. Mayor Pro Tem Biles felt that the by-laws were not too restrictive from a legal standpoint. The function of the by-laws was to give shape, structure and a purpose to the corporation and to the Board of Directors. The former Section 4.04 was too restrictive in that what might be appropriate for economic development in 1996 might not be appropriate in future years. The annual program of action and budget had to be approved by the Council. If Council disagreed with the program of action, then that Council could provide directives to the EDC. Council Member Brock stated that one of the portions of Section 4.04 which was eliminated indicated that the Board would be regularly accountable to the City Council for all activities city of Denton City Council Minutes March 19, 1996 ~ ...... ~!?'~ Page 5 259 undertaken by or on their behalf. A semi-annual report was to be made to the Council and she assumed that the annual program and annual budget would be sufficient to replace that paragraph. Anderson replied correct plus there was criteria that the EDC members served at Council's will. City Attorney Prouty stated that there was also a section which indicated that along with the budget, the Board would submit a performance evaluation detailing achievements of prior goals and objectives. There was also a section dealing with a monthly summary of proposed dispensable funds. Council Member Miller stated that Section 3.02 indicated that long range goals and programs were to be developed for the City and the Corporation. He assumed that those would ~be economic development plans as they related to the City and the Corporation. August 10th was a proposed date for a sales tax election. He asked what would be the plan for the Economic Development Corporation from the time between when the Corporation was established and a board appointed and August 10th. Anderson stated until the corporation was funded, it would continue with the contract as it now was. The EDC could fulfill the contract and continue to perform economic development as was currently being done. Council Member Miller asked if the Economic Development Corporation would develop the goals, objectives and strategies for the sales tax referendum. Anderson stated that there had been discussions on the issue but had no exact plans. The Committee wanted to know what role the Council wanted them to play in the referendum. There was already a concern about the implication of the tax. Council Member Miller stated that with the recent election for an additional half cent to reduce the ad valorem tax, Council appointed a task force and that task force returned with recommendations on how to proceed. He asked if the EDC would serve that type of role. Anderson stated that the EDC would serve any role the Council desired. The prior election was well planned and if Council wanted the EDC to lead that effort it would but there needed to be more than just that committee. Council Member Miller stated that the CIP Task Force not only marketed the proposal but also determined and recommended to the Council what the CIP proposals would be for each of the five years. At this point in time there was no substance of what the 260 City of Denton City Council Minutes March 19, 1996 Page 6 corporation would be doing. He asked if the EDC had plans to develop goals, objectives and strategies for the dollars. Anderson replied yes and the Committee had talked about other communities which were role models for that effort. There was a need to inform the citizens about what the money would be used for. Council Member Miller stated that if there was an Economic Development Corporation why not transfer the current funds and responsibility from the Chamber and give it to the EDC. The corporation could subcontract for office space and hire a director rather than have a corporation with no money until the funding was approved. Anderson replied that the Committee was concerned about the fact that the Chamber of Commerce collected pledges for three year commitments and that money was pledged to that effort. The Committee wanted to make sure the money pledged was used correctly. They wanted to make sure that the partnership continued between the Chamber and the EDTC until the contract was fulfilled. Mayor Castleberry stated that there should be a provision that the contract with the Chamber would be cancelled when the five member board and the corporation was approved as there would be no reason for that contract. Those funds, which mostly came from the Utilities Department, would go to the new corporation. The funds in economic development at the Chamber should be transferred to the new corporation. There was no reason for two funds. City Attorney Prouty stated that if the Council wanted the main functions in that contract be transferred to the EDC and the funding transferred to the EDC, it might be better to amend the contract rather than cancel the contract. Mayor Castleberry felt there was a need to do that soon so that it would occur when the corporation was formed. The City should not continue to perform legal work for the EDC without reimbursement as it would have its own money. He would like to see the corporation located in its own office space and not at a space in the Chamber or in the City offices. This was a separate corporation and should function as such. Anderson stated that corporation had funds, area. that had been discussed and until the it did not want to spend any money in that Council Member Cott understood that the Chamber would perform the marketing functions. He did not see this as a custodial function for the Chamber. He felt that these were individuals who understood how to spend the money for the City on a long term plan. City of Denton City Council Minutes March 19, 1996 Page 7 Mayor Pro Tem Biles stated that the intention of the State statute was that the five member board of directors would be empowered to make decisions which it felt were the best for the expenditure of the sales tax dollars and that would be the most productive for generating economic development. There was merit on what the Mayor indicated about the location of an office but felt that that decision should be made by the board of directors. The primary area was the transition period from a seven member committee to this board. That new board was charged with replacing all the duties of the previous economic advisory board. Council anticipated that this Board would be in the forefront of the marketing effort for the economic development sales tax. Section 2.01 of the by-laws indicated that the corporation with the assistance of the City of Denton and Denton Chamber of Commerce would perform all tasks, charges and services required of it. At present, the economic development board~ was not charged with anything under those contracts. Right now that contract was exclusively with the City and the Chamber. Unless the contract was amended, the economic development board did not fit into those contracts. If the economic development board was going to lead the marketing effort for the sales tax, funds would have to be available to the board but those funds at present were tied only to the Chamber. If the economic development board was going to lead the marketing effort for the sales tax, money was needed for the board to perform that effort. The present contract did not allow for that. The issue was whether to terminate the current contract and move those dollars presently in place as well as the stream of dollars directly to the economic development board and its corporation or allow the money to stay there and amend the contracts between the City and the Chamber. Council Member Young agreed with Council Member Cott and Mayor Pro Tem Biles that the EDC board of directors should find a place for an office. Young motioned, Cott seconded to direct the city Manager to return with an ordinance for consideration at the next meeting. Council Member Brock stated that Section 5.8 indicated that the EDB would move away from the idea of hiring a Director of Economic Development as well as the Chief Executive officer of the corporation and asked for the rationale for that. Anderson stated that the Committee did not want the taxpayers to think that the board was going to immediately hire personnel when the first item was to see what needed to be done. It might be better to work with the existing structure in the beginning rather than hiring individuals. Mayor Castleberry stated that because of the planning which had been done there was a good possibility that the group would be away 261 262 City of Denton City Council Minutes March 19, 1996 Page 8 from both the City and the Chamber and be a separate entity. Mayor Pro Tem Biles felt that before Council voted on Council Member Young's motion, there was a need to determine the answers to the two questions he noted earlier. One was whether to continue the funding with the Chamber or change and provide the funding to the new economic development board. Anderson felt that the consensus at their last meeting was to leave the funding through the Chamber. Mayor Pro Tem Biles stated that if the funds were left with the Chamber, the contract needed to be amended to allow the Chamber Board of Directors to authorize the expenditure of funds for the economic development sales tax marketing. City Attorney Prouty stated that in the second amendment to the contract, there was a period where the Transition Committee performed certain tasks and developed charges for the new EDC. It was implied in the contract that at the time those charges were developed, the EDC would perform those charges. One alternative was to amend the contract to require that. The base agreement had a cancellation clause. In that event, all unused economic development money which was provided to the Chamber under the contract, returned to the city. Mayor Pro Tem Biles offered a friendly amendment that language be added to Section 2.01 that the City Attorney prepare a third amendment to the contract with the Chamber which authorized the expenditure of funds for the marketing of the economic development sales tax. Council Member Young stated that he would accept that change to his original motion and would change the date to the next regular meeting. Council Member Krueger felt that this was tieing the hands of the Board. Council needed to pass the by-laws as their number one function was to put a package together for the election. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Young and Mayor Pro Tem Biles left the meeting. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center. The subject property was City of Denton City Council Minutes March 19, 1996 Page 9 in the Single Family 7 (SF-7) zoning district and was located on the northwest corner of Davis and Wood Streets, and was more commonly known as Lots 1-4, Block 4, of the College View Addition. (The Planning & Zoning Commission held a public hearing on March 13, 1996, and recommended approval 7-0.) Council Member Cott left the meeting. Harry Persuad, Senior Planner, stated that the specific use permit would be for a parking lot for the Sullivan Keller Early Development Center. Staff analysis of the proposal determined that there were seven criteria in the zoning ordinance. The Planning and Zoning Commission found that the site plan met all of those requirements. ~ The Mayor opened the public hearing. Mayor Pro Tem Biles returned to the meeting. No one spoke during the public hearing. Council Member Krueger left the meeting. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A PARKING LOT FOR THE SULLIVAN-KELLER EARLY DEVELOPMENT CENTER, LOCATED ON THE NORTHWEST CORNER OF DAVIS AND WOOD STREETS, AND CURRENTLY ZONED UNDER THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending ordinance 94-037 for 11.92 acres to increase the permitted density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2 1/2 stories to 3 stories. The subject property was in the Multi-Family 1 Conditioned (MF- l[c]) zoning district and was located on the southeast corner of Bernard and Collins Street. (The Planning & Zoning Commission recommended approval 3-2.) 263 264 City of Denton city Council Minutes March 19, 1996 Page 10 Council Member Cott returned to the meeting. Harry Persuad, Senior Planner, stated that in 1994 Council approved multifamily zoning with conditions on this tract of land. There were conditions in that ordinance and this proposal would change two of those conditions. The changes would increase the density to sixteen units per acre and increase the height of the buildings to three stories. One of the major concerns was the increase in traffic as a result of the increased density, especially at the intersection of Eagle and Bernard. A traffic study in 1994 indicated that zoning that area to multifamily would have yielded another 525 vehicle trips in that area. The developer's traffic study of this proposal indicated an additional 364 vehicle trips in a 24 hour period. The developers agreed to improve a portion of the intersection of Eagle and Bernard by adding another turn lane, signs and lane lines. The details of all of these improvements would be assessed at the time of platting. Council Members Young and Krueger returned to the meeting. The Mayor opened the public hearing. Dale Irwin stated that he was one of the owners of the tract of land. They had searched for a fine firm to build these apartments on this tract of land. Bill Dahlstrom stated that he was representing First Worthing, developers of the project. Several years ago a change occurred in the development of apartments with security gates, more landscaping and recreational activities for the tenants. The proposal would increase the number of units from twelve to sixteen units and this density would be consistent with surrounding properties. The Planning and Zoning Commission recommend approval of this density. Chuck smith, Mesquite Ridge Condos, located across the street from the proposal, was leading the opposition to the proposal. After meeting with him and discussing the project, he withdrew his opposition. Bernard Street was currently designed for 8500 trips per day. The development at twelve units per day would generate approximately 4100 trips per day. The increase to sixteen units would increase the traffric on Bernard Street by only 4%. The situation was far less on Collins Street. A twelve unit development would generate 915 vehicles per day and a sixteen unit development would generate approximately 1028 vehicles per day which was an increase of only 1% for Collins Street. Other concerns included drainage, parking and infrastructure which would be addressed during the platting function. Council Member Brock asked if there were any provisions for pedestrian and bicycle traffic. City of Denton city Council Minutes March 19, 1996 Page 11 Acting City Manager Svehla stated that the Subdivision Regulations required sidewalks along the complex itself and also walks for Collins. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 94-037A TO INCREASE THE DENSITY FROM TWELVE (12) UNITS PER ACRE TO SIXTEEN (16) UNITS PER ACRE, AND TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 2 1/2 STORIES TO 3 STORIES, FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARDAND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; 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. The Council considered Item liB. 11. Resolutions B. The Council considered approval of a resolution naming the multi-purpose room at the Martin Luther King Jr. Recreational Center. (The Parks and Recreation Board recommended approval.) Janet Simpson, Superintendent of Leisure Services, stated that the Parks and Recreation Department, with the recommendation of the Parks and Recreation Board, was requesting that the Council name the multi-purpose room at the Martin Luther King, Jr. Recreation Center the "Olivia M. Ammons" room. This request was made by Cloride Branch who donated $12,000 towards the construction of the Recreation Center in 1986. This request also had the support of many others in the community. The following resolution was considered: NO. R96-015 A RESOLUTION OF THE CITY OF DENTON NAMING THE MULTI-PURPOSE ROOM IN THE MARTIN L. KING, JR. RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE. 265 266 City of Denton City Council Minutes March 19, 1996 Page 12 Young motioned, Cott 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. 7. Variances A. The Council considered variances to Sections 34-114(5) [perimeter paving], 34-114(17) [sidewalks] and 34-012(e) [drainage design standards] of the Code of Ordinances, regarding Ganzer Estates. The l17.049-acre site was located directly southeast of the intersection of Ganzer and Barthold Roads, in Denton's extraterritorial jurisdiction. (The Planning & zoning Commission recommended approval of the three variances on 2/28/96 by a 5-0 vote.) Harry Persuad, Senior Planner, stated that the Planning and Zoning Commission voted 5-0 to recommend the preliminary and final plat of this proposal conditioned upon Council's approval of three associated variances. The Subdivision regulations required that the developer install sidewalks on the frontages of Ganser and Barthold Roads. A variance was also requested for the perimeter street paving and the installation of three drainage channels across the property. The developer was proposing to leave a natural drainage rather than a hard drainage channel. Council Member Cott asked if it would be possible to develop the lots into smaller lots. Persuad replied that it would be possible but not for many years. Council Member Cott expressed concern with the drainage. He suggested more information concerning this variance and was against any drainage variations at this point in time. Council Member Krueger asked if the variances would be as easy if the proposal was inside the City limits rather than in the ETJ. Persuad stated that the fact that the tract was outside the City limits with large lots, the impact of flooding would not be an inconvenience as the lots were large and the homes could be built on the higher locations. If located inside the city limits, the impact would have been greater for flooding, staff might not have recommended approval. Young motioned, Brock seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. City of Denton City Council Minutes March 19, 1996 Page 13 8. Consent Agenda Biles motioned, Cott seconded to approve the Consent Agenda. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids 2. 3. 4. 5. 6. 7. Be and Purchase Orders: Bid #1864 - SCADA-Mate Motor Operated Switch Bid #1876 - PVC Conduit and Accessories Bid #1877 - Distribution Transformer Bid #1879 - Pole Inspection and Treatment Bid #1858 - Reroofing at central Fire Station P.O. #60409 - Covey Leadership Center Check Request - First Southwest Company Interlocal Agreements 1. City of Corinth - Impoundment and Disposition of Dogs and Cats Tax Refunds 2. 3. 4. Lief G. Haag, $940.40 Southwest Land Title, $520.63 Donald J. & Linda Jo Carter, $641.31 Donald J. & Linda Jo Carter, $667.94 9. Consent Agenda Ordinances The Council considered the Consent Agenda Ordinances 9A. - 9E. Biles motioned, Young seconded to adopt the ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor CastleberrY "aye". Motion carried unanimously. ae AN ORDINANCE NO. 96-060 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. (8.A.1. - Bid #1864, 8.A.2. - Bid #1876, 8.A.3. - Bid #1877, $.A.4. - #1879) B. NO. 96-061 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. ($.A.5. - Bid #1858) 267 268 City of Denton City Council Minutes March 19, 1996 Page 14 C. NO. 96-062 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (8.A.6. - P.O. #60409) D. NO. 96-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDING AN EFFECTIVE DATE. (8.A.7) E. NO. 96-064 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (8.B.1.) 10. ordinances A. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation. Harlan Jefferson, Director of Treasury Operations, stated this ordinance provided for the publication of the notice of intent to sell certificates of obligations in the amount of $5,190,000. The actual sale date would be May 7th. The certificates of obligation would fund two different areas. The first would be City Hall renovations in the amount of $190,000. The second would be landfill development in the amount of $5,000,000. Both of these items were in the 1996-2000 CIP program which was approved by Council. Council Member Krueger stated this was not approved by the voters in the CIP election. Acting City Manager Svehla replied that the $190,000 was not voted on by the voters but was recommended by the CIP Committee and was approved by Council. Council Member Krueger asked how long the certificates of obligation would be issued. Jefferson stated that the $190,0000 was a ten year pay back period and the other was for twenty years. City of Denton City Council Minutes March 19, 1996 Page 15 Council Member Krueger asked if that was a standard operating procedure for certificates of obligation. Jefferson stated that the normal pay back schedule was not longer than the existing life of the purchased item. Council Member Krueger asked why it was not included in the CIP bond package. Acting City Manager Svehla stated that it was the recommendation of the CIP Committee. Their discussion with Council indicated that the certificates would be more appropriate due to the shorter life. Council Member Krueger stated that he had a specific philosophical difference between general obligation bonds, which were approved by the voters, and certificates of obligation which, in his opinion, circumvented the process a of bond package. The voters did not approve this $5 million purchase. Kathy DuBose, Executive Director for Finance, stated that the $5 million for the landfill was from the sanitation funds. Taxes would not be used to pay those back. That would come from revenues. Revenue bonds did not go to voters nor did certificates of obligation. The bonds would be repaid with revenues and not with taxes. The following ordinance was considered: NO. 96-065 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FORAN EFFECTIVE DATE. Brock motioned, Miller seconded to adopt~!ithe ordinance. On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. B. The Council considered adoption of an ordinance directing the issuance and publication of Notice of Sale of city of Denton General Obligation bonds. Harlan Jefferson, Director of Treasury Operations, stated that this ordinance provided for the publication of the notice of sale of general obligation bonds in the amount of $2,515,000. The voters approved these bonds and the sale would occur on May 7th. The m~n~y w~uld b~ u~d in the areas of streets and transDortation for $1.5 million, drainage for $715,000 and parks and recreation for $300,000. These items were approved in the CIP program. 269 270 City of Denton City Council Minutes March 19, 1996 Page 16 The following ordinance was considered: NO. 96-066 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger 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. C. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of notice of sale of said bonds. Harlan Jefferson, Director of Treasury Operations, stated that this ordinance provided for the notice of publication of the sale of revenue bonds in the amount of $2,750,000. The following ordinance was considered: NO. 96-067 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young 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 annexing a tract comprising 11.34 acres, located east of Mayhill Road and north of Blagg Road; and temporarily classifying the annexed property as "A", Agricultural District. (A-69) (The Planning & Zoning Commission recommended approval [6-0].) Harry Persuad, Senior Planner, stated that this annexation was started last November. Public hearings were held by the Council and the Planning and Zoning Commission. This tract was located east of Mayhill Road and north of Blagg Road. Council Member Young asked about private residences in the area. Persuad stated that there were six homes and one mobile home. City of Denton City Council Minutes March 19, 1996 Page 17 Council Member Young asked if they had city water and sewer. Persuad replied no that they had individual septic tanks and water wells. Council Member Young asked if those individuals were in favor or against the annexation. Persuad stated that at the public hearings only one property owner appeared at the Planning and Zoning Commission meeting to speak in favor of the annexation. There were no other comments by residents. Council Member Young asked if the area COuld be considered as a candidate for the infill services. ~ ' Persuad replied that when Council adopted an infill policy, all these areas would be considered and prioritized by needs. The following ordinance was considered: NO. 96-068 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 11.34 ACES, LOCATED EAST OF MAYHILL ROAD AND NORTH OF BLAGG ROAD; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Miller 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 annexing a tract comprising 21.62 acres located on the Estates of Forrestridge Section II; and temporarily classifying the annexed property as "A", Agricultural District. (A-70) (The Planning & zoning Commission recommended approval 6-0). Harry Persuad, Senior Planner, stated that the City received a petition from the land owners to be annexed into City. The following ordinance was considered: NO. 96-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS 271 ~arch 19~ 1996 ~age 18 "A" AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young 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 annexing a tract comprising 34.78 acres, located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport; and temporarily classifying the annexed property as "A", Agricultural District. (A-71). (The Planning & Zoning Commission recommended approval [6-0].) Harry Persuad, Senior Planner, stated that this area was owned by the City in the vicinity of the Municipal Airport. The following ordinance was considered: NO. 96-070 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT; TEMPORARILY CLASSIFYING THEANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young 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. G. The Council considered adoption of an ordinance authorizing the City Manager to enter into that first amendment to the professional services agreement with Resource Management International (RMI). (Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that with the deregulations taking place in the electric industry there was a need for professional services to deal with those deregulations. This amendment would increase the existing contract by $15,000. The following ordinance was considered: City of Denton City Council Minutes March 19, 1996 Page 19 273 NO. 96-071 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THAT FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC. ("RMI");AND PROVIDING AN EFFECTIVE DATE. Cott 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. H. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Freese and Nichols, Inc. for professional engineering services relating to the preparation of the Cooper Creek Regional Detention Study and the Pecan Creek Tributary PEC-4 Channel Improvement Study. Acting City Manager Svehla stated that in January of this year the City accepted a grant from the Texas Water Development Board for the study of Cooper Creek and the tributary of Pecan Creek. This was a contract with Freese and Nichols to do the actual study. The funding was split between the Water Development Board and the city. The following ordinance was considered: NO. 96-072 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE PREPARATION OF THE COOPER CREEK REGIONAL DETENTION STUDY AND THE PECAN CREEK TRIBUTARY PED-4 CHANNEL IMPROVEMENT STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. 11. Resolutions A. The Council considered approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plan; appointing members to that committee; appointing a chairperson of the committee; and setting forth the duties and term of the committee. The following resolution was considered: 274 City of Denton City Council Minutes March 19, 1996 Page 20 NO. R96-014 A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DEVELOPMENT POLICY COMMITTEE TO MAKE RECOMMENDATIONS CONCERNIN~ THE UPDATE OF THE DENTON DEVELOPMENT PLAN; APPOINTING MEMBERS TO THAT COMMITTEE; APPOINTING A CHAIRPERSON OF THE COMMITTEE; SETTING FORTH THE DUTIES AND TERM OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Krueger 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. 12. The Council considered appointments to the Downtown Advisory Board, Traffic Safety Commission, and the Cable TV Advisory Board. Council Member Cott nominated Joanna Deonath to the Downtown Advisory Board. Greg Sawko was nominated to the Traffic Safety Commission at the last meeting. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Young nominated L. T. Hensley to the Cable T. V. Advisory Board. 13. vision Update There was no report at this time. 14. Miscellaneous matters from the City Manager. A. The Council received a report and held a discussion regarding the 1996-97 Budget calendar and gave staff direction. Jon Fortune, Chief Finance Officer, pointed out important dates from the calendar which was included in the agenda back-up materials. Staff was proposing a two day session for budget presentations by staff rather than holding them over the course of several Council meetings. Consensus of the Council was to proceed as proposed. 15. There was no official action taken on Closed Meeting items discussed during the earlier Closed Meeting. 16. New Business The following items of New Business were suggested by Council City of Denton City Council Minutes March 19, 1996 Page 21 275 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested that a pile of trash on Prairie and Sycamore be moved from the bar ditch in that area. There was also a need for more trash barrels in Fred Moore Park. B. Mayor Pro Tem Biles requested that the City Attorney prepare a lease extension for the Chamber property. 17. The Council convened into a continuation of the Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 NNIF~R WALTERS TY SECRETARY CITY OF DENTON, TEXAS With no further business, the meeting was adjourned. BoB CAST ,EBE Y, CITY OF DENTON, TEX~/S / ACC002F5