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Minutes May 7, 1996350 CITY OF DENTON CITY COUNCIL MINUTES May 7, 1996 The Council convened into a Closed Meeting on Tuesday, May 7, at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: ABSENT: 1996 Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. None 1. The Council discussed the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Discussed possible acquisition of offsite drainage easement at the intersection of Loop 288 and Spencer Road. 2. Discussed the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, May 7, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; council Members Brock, Cott, Miller and Young. Council Member Krueger ABSENT: 1. Pledges of Allegiance The Council and members of the audience recited Allegiance to the U. S. and Texas flags. the Pledge of Mayor Castleberry presented the following Yard of the Month awards: Texas Bank David and Vicki Scott Earl Vian and Carol Evelsizer Jim and Judy Melton Peggy Cutsinger Carol's Custom Draperies Mayor Castleberry presented the following proclamations: Denton Tourism Week Arson Awareness Week 2. The Council considered approval of the minutes of February 6, 13, 20, and 27 and March 5, 19, 26, 27, and 29, 1996. City of Denton City Council Minutes May 7, 1996 Page 2 351 Biles motioned, Young seconded to approve the minutes as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Krueger joined the meeting. 3. Citizens Reports A. The Council received a citizen report from Dessie Goodson regarding general issues in the city of Denton. Ms. Goodson presented pictures on how well the city crews cleaned up the drainage on Amarillo and Greg. People needed to stop blowing their grass on the sidewalks as it made it hard to walk on the sidewalks. Animal Control could contact her so that she could help them locate two skunks in the area of her home. She was tired of being stranded by the SPAN trolley. The trolleys continued to run either early or late. A1 Murdock wrote a letter which indicated that if an individual was stranded, there would be a vehicle to come out and pick him up or a complimentary pass would be provided. That had never happened for her. The SPAN vehicles were still dirty for the riders. She noted problems with the drivers of the trolleys leaving the vehicles running while out of the trolleys. Her plumber had not been contacted from the City regarding the problem at her home. B. The Council received a citizen report from Susan Sims regarding the killing of animals in residential areas. Ms. Sims was not present at the meeting. C. The Council received a citizen report from Frances Cannon regarding drainage on Spencer Road. Mrs. Cannon stated that she had a drainage problem at her house. She was going to trust that the Council would do what was right with the problem. Everyone had been very kind that she had worked with on this problem. Council Member Cott stated that Ms. Cannon lived on the corner of Spencer and Bridges. Water was coming back into her home with the recent development in the area. The City would work to correct the problems as best as possible. D. The Council received a citizen report from Claude Cannon regarding drainage on Spencer Road. Mr. Cannon stated that they needed more help with a flooding problem. Water was running 24 hours a day and would be a problem for a long time unless it was corrected. He and his wife would 35'2 city of Denton city council Minutes May 7, 1996 Page 3 appreciate any consideration they could receive. Mayor castleberry stated that staff working with the cannons regarding the problem. 4. citizen Requests A. The council considered a request for an exception to the noise ordinance for a wedding reception at the North Texas State Fairgrounds on July 27, 1996 until 12:00 a.m. Veronica Rolen, Administrative Assistant, stated that this was a request for a wedding reception on Saturday, July 26, 1996. council could grant such an exemption when it would serve the public interest. Krueger motioned, Young seconded to approve the request. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles ,'aye", and Mayor castleberry ,'aye". Motion carried unanimously. 5. The council received and opened bids regarding city of Denton Utility System Revenue Bonds, series 1996 and city of Denton Utility System Revenue Refunding Bonds, series 1996A. west Company, stated that there were David Medanlch, First. South ~ .... ~ ~ this meeting. Two _were four bond issues ~o De c~ns~u~_~ ~ new money issue an~ one utility system revenue bongs, one wa~ a . . was a refunding. There was also one general obligation bond issue and one certificate of obligation. There were a total of eleven bids for the four i~sues. He would open all of the bids for council and then retire to check the rates for accuracy. The following was an opening of the bids with effective interest rates: ~ stem R venue Bonds - 7 0 0 0 smith Barney - 5.974% First Southwest Company - 5.9352%. utilit S stem Refundin Bonds - 36 million Merrill Lynch - 6.1694% smith Barney - 6.1237% Dain Bosworth - 6.0845% First Southwest company - 6.0811% council Member Cott questioned why there were so few bidders. City of Denton City Council Minutes May 7, 1996 Page 4 353 Medanich replied that it was probably due to the size of the issue. The larger the issue, the smaller the number of bids. There were also four different bonds being issued at the same time. One or two bidders bid on all of the issues while some only bid on one or two. 6. The Council received and opened bids regarding City of Denton Certificates of Obligation, Series 1996. David Medanich opened the following bids with effective interest rates: Smith Barney - 5.825% First Southwest Company - 5.822087% Southwest Securities - 5.8222969% 7. The Council received and opened bids regarding City of Denton General Obligation Bonds, Series 1996. David Medanich opened the following bids with effective interest rates: First Southwest Company - 5.9286% Smith Barney - 5.9852% Medanich stated that all of the City's ratings had been confirmed. On the utility system side the rating was an A1 for Moody's and an A+ for Standard and Poors. On the general obligation side, the rating was A1 for Moody's and an AA- for Standards and Poors. The Standard and Poors report indicated that given recent progress, further taxable property base, growth in the economic diversification coupled with maintenance of healthy reserves, a rating upgrade was possible. He would retire to check the bids and return with recommendations for the Council. 8. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 5.0 acres from the Agricultural (A) zoning district to the Commercial Conditioned (C[c]) zoning district. The subject property was located on the west side of 1- 35, approximately 200 feet north of Rector Road. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this was a contested zoning case as there was opposition from the neighbors for the proposal. The Planning and zoning Commission had been evaluating the proposal in terms of a zoning case since November of 1995 when they denied a commercial conditioned district. This proposal was a different zoning case from the case in November in that it represented a commercial conditioned 354 City of Denton City Council Minutes May 7, 1996 Page 5 district for the area. Conditions from the Planning and Zoning Commission included a restricted list of permitted uses, the floor to area ratio was limited, loading docks and dumpsters would have to be screened, metal buildings could not be visible from I35, tree maintenance was required between the properties, no off-premise signage would be allowed, a no direct off-site lighting provision was included and a bufferyard would have to be built on the southern portion of site. The Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. Greg Denbo stated that he had purchased property west of this site. He had been told that the neighbors had asked the city to annex the property and zone it agricultural in order not to have commercial property there. The people with the adjoining property of the proposed site were told that the property was zoned agricultural to keep the area a rural setting. They had the understanding that the property was annexed by Denton so that it could be zoned agricultural in order to maintain the integrity of the neighborhood. He could not understand why the Council would consider rezoning the property if the purpose of the annexation was to keep the area agricultural. Dwight Crawford stated that he had lived west of the proposed property for approximately 12 years. He did not understand the 6-0 approval of the Planning and zoning Commission. Fire safety was a concern of the area. Bolivar water did not allow fire hydrants on their system and there was an existing gas storage facility on the property. The closest fire station was North Bonnie Brae which was approximately five miles away. He had police concerns in that there was very little police protection in the area. He suggested increasing the patrols in the area so as to keep the vandals out of the area. Elspeth Crawford stated that the chair of the Planning and Zoning Commission asked if individuals had researched the property before buying the adjacent property. The chair made a statement that she did not see why anyone would want to live near I35. Crawford could not see how someone could make a permanent decision on her own personal likes and dislikes and felt that the basic guidelines for a decision should be honor and integrity under the guidelines of suitability of the location, possible tax base to be generated by the area, future use of the surrounding area and integrity of the neighborhood. There were three small businesses in the area already. In two of those the owners lived on site and the third was a swimming pool company. A small business did not generate as much business as this proposal would. Ther~ wer~ homes in the area except for these small areas. The only kind of businesses which would be adequate in the area would be something large and self- supporting which would be an eye sore to the neighborhood or it City of Denton city Council Minutes May 7, 1996 Page 6 355 would have to be a small business like a convenience store. This proposal was denied at the first Planning and Zoning meeting. Two of the members of the Commission agreed that this would be an adverse impact on the site. Council Member Brock stated that the neighbors had researched the zoning and had asked questions of neighbors. Had the City been asked about the zoning and questioned where the information came from regarding the reason for the annexation. Crawford stated that her husband had done all of the research. They met with many of the neighbors and many assured them that they were families who planned to stay in the area. Alicia Denbo stated that she was opposed to the commercial zoning of the property. At this meeting, the City handed out awards for Keep Denton Beautiful and she questioned what this proposal would do to Denton. Why would the Council want to put commercial zoning in the area so that something unattractive would build in the area. Their property was bought in June of last year and they started building their home in July. The purpose of moving to the area was the beauty of the area. It was noted at the Planning and Zoning Commission meeting that I35 was a major highway from Mexico to Canada. She asked the Council to not make every corner of the highway a convenience store intersection. She urged the Council to keep the natural beauty of the area and not have every single intersection commercialized. Frank Ballard stated that his business was in Carrollton and he expressed his concern about the zoning along I35 in the area. Carrollton was trying to dress up I35 to make it attractive to move in. The first intersection from Rector Road had a junk yard, after that there was a truck stop, Smith Brothers Roping, another truck stop, a junk yard and then the Outlet Mall. He did not want every exit to Denton to be a commercial exit. The City was suppose to be looking at planning and he requested that the Council deny the zoning. Rob Rayner stated that he was in favor of the zoning. On March 26th they had had a neighborhood meeting with seven families represented. Major concerns of the neighbors included police and fire protection and security lights in the area. Many of the zoning uses allowed in commercial zoning had been eliminated. They met those concerns of the neighborhood and at the Planning and Zoning Commission meeting, the general development plan and the preliminary plat were approved. The property was in the City limits of Denton and he felt that the property needed to have the commercial conditioned zoning because of what was currently happening in the market. The conditioned zoning allowed the developers to tailor the broad commercial use and meet not only the needs of the land owner but also the neighbors so that they knew 356 City of Denton City Council Minutes May 7, 1996 Page 7 what could be built in the area. I35 had a great importance to Denton and to the united States due to NAFTA. It was prudent to have the land zoned to meet a broad need for the market which was coming. The land owners asked that the zoning be approved. Council Member Brock stated that in the list of allowed uses, a truck parking lot would be allowed. Would a truck stop be allowed under the conditions. Robbins stated that that use should be taken out. Rayner asked if the petitioner had a five minute rebuttal. Mayor Castleberry replied yes. Richard Murier stated that he lived west of the proposed site. The area continued to be rural and residential. The proposal was to change the zoning to commercial which he felt was not compatible in the area. A petition opposing the commercial use in the area had been circulated to the neighbors in the area. He asked that the Council evaluate the proposal as though it would be next to their homes. He felt that the sole basis for the change in zoning was that it was land adjoining the interstate. That was no reason to change the makeup of the neighborhood. He was asking Council to go against the ruling of the Planning and Zoning Commission. If Council decided to consider the request, he asked Council to look very hard at the list of prohibited uses. There was still a large number of permitted uses which were very onerous to the neighborhood. If the request had to be considered, he requested that the Council strike a number of uses on the list. Bill Coleman stated that he was assisting the owners to plat the property. One reason for the original annexation was to help regulate development under the city's codes and ordinances. The preliminary plat and general development plans approved by the Planning and Zoning Commission met all requirements for city regulations. The use which was being asked for fell below the intensity use for a commercial area. Zoning this area commercial followed the Denton Development Guide as most of the high intensity nodes were at major intersections with Rector Road being designated as a major arterial. The use which was requested with the building to land area ratio was below the low intensity use for commercial area. Of the prohibited uses, some already existed in the area such as a junk yard and a truck stop. Council Member Krueger asked who designated Rector Road as a major arterial. Coleman stated that the staff report indicated that the County's Thoroughfare Plan designated Rector Road as a rural arterial. City of Denton City Council Minutes May 7, 1996 Page $ Council Member Krueger asked if the designation was by the County or the City. Coleman stated that it was designated by the County. Council Member Krueger asked if this was the entire 26 acres owned by the Rectors. Coleman replied no that the 26 acres was part of a 78 acre tract. Council Member Krueger asked if that property was along I35 and adjacent to Rector Road. Coleman replied correct. Council Member Krueger stated that because the Rectors owned all of the property around the proposal, there was really only one person within 200 feet so no super majority vote of Council was needed. Robbins replied correct. Council Member Krueger asked what happened when the Rectors wanted to do the next five acres and then the next five and so on. They could not do the whole 26 acres as it might fall under the super majority rule. Robbins stated that that might have been a reason for that configuration. Council Member Krueger stated that if the Rectors stayed within 200 feet of their property line, they could rezone to commercial almost all of the entire 26 acres. Robbins replied correct and avoid the 20% rule as there would be no one else who could oppose it. Council Member Krueger asked if the site of the former Dunnick Brothers batch plant was already zoned commercial. Robbins replied no that the site was in an agricultural zoning district. Council Member Krueger stated that approximately three times the size of the proposal could be commercialized without the 20% rule. If this proposal was passed would there be a stipulation on the rest of the land that it could not go Commercial. Robblns s%a%ed %ha% the p~ope~ty would ~o through the zoning process and there could be the potential, depending on the configuration, that the 20% rule could be avoided. 357 3 5.8 City of Denton city Council Minutes May 7, 1996 Page 9 Council Member Krueger asked why the property was in the city limits of Denton. Robbins stated that there was a concern when the Dunnick Brothers began to build their facility on the property. There was a great deal of concern about that facility and the Council decided to annex the area to gain zoning control of the property. Council Member Krueger stated that at the time when the property was annexed, it was all agricultural. Robbins replied correct and then almost simultaneously the City reviewed the specific use permit for the temporary batch plant of the Dunnick Brothers. The property was currently zoned agricultural. Council Member Cott stated that because it was a highway, was there a combination of the Lindsey Street issue which was the highest and best use of the hotel and the Dallas Tinsel Town issue. Robbins stated that the highest and best use was not one of the criteria usually used to evaluate. It was not related to Tinsel Town as they had an existing planned development situation on the property. There was no pre-existing zbning. Ron Schertz stated that he was closest neighbor to the property. He objected to the proposal but if it went commercial he would like to see more restrictions on the property. He had multiple sclerosis and knew of the effect on his health of certain types of development. Buck Schertz stated that he was concerned about the water situation in the area. His well went dry when the Dunnick Brothers went into the area. He was concerned about the future of his water supply. chris Gillum stated that his property was across the street from the proposal. The Sanger School District owned property north of this area. Mr. Rosenberg of the Sanger School District stated that he was opposed to the commercial zoning and would appreciate it if the zoning remained agricultural. In the future the Sanger School District would be building a school on the site. He felt the area was a prime location for residential zoninq. The proposal was a way to get to the back acres of the Rector property for commercial zoning. The best usage of the land was for residential purposes. Sharon Gillum stated that she had been told that her comments would not be considered as she did not live in the city limits. This item had b~n on ~h~ PLanning and Zoning Commission agenda four times. The neighbors had invested much time and energy to oppose this proposal. The list of permitted uses was very generous. If the request was approved, a planned development detail would not be City of Denton city Council Minutes May 7, 1996 Page l0 required as requested by the Planning and Zoning Commission. The current zoning required specific use permits for most of the less desirable uses. The property was closer to Sanger than Denton and was outside Denton's planned developmen~ area. She presented a petition to the Council of those who were opposed to the proposal. If the proposal was approved, she requested that the list of permitted uses be changed to delete a hauling and storage company, a gas service station or convenience store, a paint shop, a commercial parking lot, fairgrounds, a public playfield, a water treatment plant, an airport landing field, a temporary field or construction office, and a home for the care of alcoholic/narcotics/psychiatric patients. The property might be on I35 but it was a neighborhood on all sides. Not every piece of property on I35 needed to be commercial. The proposal started with the entire 26 acres but was reduced due to the potential of the 20% rule. The Mayor closed the public hearing. Council Member Miller asked what the metal building on the property was being used for and how did the agricultural zoning impact that. Robbins replied that it could be used for a barn for a ranch but could not be used for any of the commercial or retail purposes which might be approved with the proposed zoning. Mayor Castleberry stated that he overlooked giving the petitioner a five minute rebuttal. He reopened the public hearing for that rebuttal. Rayner stated that the existing eyesores mentioned were eliminated on the permitted uses list. The owners of the land wanted to talk with the neighbors and comply with City requirements. At the November meeting, platting was not an issue. There were questions from the Planning and Zoning Commission which could not be answered at that meeting such as fire protection, police protection. That was the reason why, at this particular Planning and zoning meeting, a plat was presented so that those questions could be answered. Once they answered and satisfied the Commissioners questions and concerns of the November meeting, the proposal was approved. Specific use permits were allowed but would have to go through the same process as other uses. The owners of the land wanted to use the land in an effective way for the market as the market was coming. The Mayor closed the public hearing. Mayor Pro Tem B~les s%a%ed %ha% on %he list of uses, thos~ items crossed off were eliminated and were the ones eliminated by the Planning and Zoning Commission. 359 360 City of Denton City Council Minutes May 7, 1996 Page 11 Rayner replied correct that the owners started with the City staff to delete uses and then went to the Planning and Zoning Commission. Mayor Pro Tem Biles asked what was between Rector Road and the proposal. Rayner replied a field. Mayor Pro Tem Biles asked if the water issue had been addressed. There had been discussion of well water dropping, a problem with hydrants and accessibility of water. Rayner stated that that had been addressed at the Development Review Committee meetings. If not, the proposal would not have gone this far. Mayor Castleberry stated that this case was not similar to the Lindsey Street property as this property was in the center of residential property on three sides. The proposal was in the center of an area which was actually rural residential. There were no businesses close to the proposal. This was a rural residential area. Council Member Cott asked if the owners would sell the property to the neighbors. Rayner stated that if an offer was presented, he would present it to the Rectors. Miller motioned, Krueger seconded to deny the request. Council Member Miller stated that not all property along an interstate was necessarily commercial property. He was convinced that this was a rural area. The infrastructure did not support commercial use at this point. It would stretch the police and fire protection to the point that the city was not prepared to handle at this point in time. At this point in time, it was not the appropriate use to rezone this as commercial. Council Member Krueger stated that the highway overpass was almost ground level. He did not know why the property was in the City l~mi%s of Dent~n and felt that the City limits should go not out that far. He suggested looking at something to delete this from the City limits. Council Member Young agreed with the denial. When neighbors objected, he would be voting with the people. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. City of Denton City Council Minutes May 7, 1996 Page 12 Mayor Castleberry stated that the bond company was ready to verify the bids on the bonds. David Medanich, First Southwest Company~ stated that all of the bids had been checked. The bid of 5.9352% for the Utility System Revenue Bonds by First Southwest Company was correct. The bid of 6.0811% for the Utility System Revenue Refunding Bonds by First Southwest Company was correct. The bid of 5.822087% for the Certificates of Obligation by First Southwest Company was correct and the bid of 5.9286% for the General Obligation Bonds by First Southwest Company was correct. All of the bidding parameters were done correctly. Council Member Cott again questioned the number of bidders for the bonds and requested a report as to why the number was so low. Medanich stated that he would research the issue but there were four issues selling at the same time. One was a fairly large issue with the City overall receiving eleven bids which was a large number of bids. Some firms were selective on what they wanted to bid on and sometimes the larger issues were easier to market. B. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan of 10.0 acres within Planned Development No. 42. The site was located approximately 1,800 feet north of Treatment Plant Road, near the east side of Mayhill Road. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this detailed plan was for an antenna tower and a light industrial planned development. That was the only use which would be allowed for the property. The antenna would not interfere with cable television in the area. 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. 96-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 85-59 BY APPROVING A DETAIL PLAN FOR A 10.00 ACRE TRACT OF ~AND WITHIN THE PLANNED D~V~LOPM~N~ 42 (PD4~) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED NEAR THE EAST SIDE OF MAYHILL ROAD, APPROXIMATELY 1,800 FEET NORTH OF TREATMENT PLANT ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 361 362 City of Denton City Council Minutes May 7, 1996 Page 13 $2,000 FOR VIOLATIONS THEREOF; 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. 9. Variances A. The Council considered a variance to Section 34-114 (17) [sidewalks] of the Code of Ordinances and a variance to Section 34- 116 (e) [fire flow] for the proposed Wier Acres Addition, located on the north side of Jim christal Road, east of Masch Branch Road. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that these were two variances for two 1.88 acres lots on Jim christal Road. The standards which would have to be met without the variances were excessive for the size of the lots outside the City limits. Brock motioned, Young seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Consent Agenda Brock motioned, Biles seconded to approve 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. ae Bids and Purchase Orders: 2. 3. 4. Bid #1886 - Pressure Washer/Vacuum Truck Bid #1894 - Triple-Gang Flail Mower Bid #1890 - Willowwood Street Sidewalk Check Requisition - Texas Natural Conservation Commission Resources B. Tax Refunds 1. Prudential Home Mortgage Company - $1,599.05 11. Consent Agenda Ordinances Biles motioned, Brock seconded to adopt the Consent Agenda ordinances llA-11C. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor City of Denton City Council Minutes May 7, 1996 Page 14 363 Castleberry "aye". Motion carried unanimously. A. NO. 96-104 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. (7.A.1. - Bid #1886, 7.A.2. - Bid #1894) B. NO. 96-105 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. (7.A.3. - Bid #1890) C. NO. 96-106 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR PERMIT FEES TO TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC); AND PROVIDING AN EFFECTIVE DATE. (7.A.4.) 12. Ordinances A. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Bonds, Series 1996 and city of Denton Utility System Revenue Refunding Bonds, Series 1996A, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: NO. 96-107 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1996 AND CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1996AAND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. Council Member Krueger questioned whether the Utility System Revenue Refunding bonds were voted on by the citizens of Denton. Ka%hy DuBose, Execu%ive D£rec%or for Pinance, mtated no that tho~e bonds were to refinance Corps of Engineer debt on Lake Ray Roberts. This was refinancing debt which had already been agreed on with the Corps of Engineers. 364 City of Denton City Council Minutes May 7, 1996 Page 15 On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of city of Denton General Obligation Bonds, Series 1996, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: NO. 96-108 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1996, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. Council Member Krueger stated that these bonds were approved bythe voters of Denton. Kathy DuBose, Executive Director for Finance, stated that the general obligation bonds were the first year of the five year CIP plan which went to the voters in February and were approved. 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 authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1996, and approving and authorizing instruments and procedures relating thereto. The following ordinance was considered: NO. 96-109 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1996, AND APPROVING AND AUTHORIZING INSTRUMENTSAND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Bil~ m~ioned, Young seconded to adopt the ordinance. Council Member Krueger stated that these certificates of obligation were not approved by the voters. City of Denton City Council Minutes May 7, 1996 Page 16 365 Kathy DuBose, Executive Director for Finance, stated that these certificates of obligation were not approved by the voters. The $190,000 represented was recommended by the CIP Committee. The $5 million was for the sanitation fund for landfill improvements. That had pledged the revenues of that fund with a cross pledge of the tax dollars. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. D. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract between the City of Denton and Jack A. Dobbs and Janice M. Dobbs for the purchase of real property in accordance with the Capital Improvements Program for drainage. Rick Svehla, Deputy City Manager, stated that the Dobbs' had agreed to sell their home at the corner of Panhandle and Alice as it was in the floodway. The following ordinance was considered: NO. 96-110 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND JACK A. DOBBS AND JANICE M. DOBBS FOR THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH THE CAPITAL IMPROVEMENT PROGRAM FOR DRAINAGE; AUTHORIZING THE EXPENDITURE OF FUNDS; 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. E. The Council considered adoption of an ordinance amending Ordinances 94-37A and 96-059 by approving a corrected legal description applicable to both. Frank Robbins, Director of Planning and Development, stated that this ordinance would correct a legal description which was in error. The property was zoned but the legal description which came from a previous legal description in a previous zoning case was in error. When the property was platted and surveyed, the error was discovered. The following ordinance was considered: 366 city of Denton City Council Minutes May 7, 1996 Page 17 NO. 96-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 94-037AAND 96-059, BY APPROVING A CORRECTED LEGAL DESCRIPTION APPLICABLE TO BOTH; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with the North Texas Education and Training Co-op., Inc. to provide a Summer Youth Program. Tom Klinck, Director for Human Resources, stated that at the Council's February 24th meeting, the summer youth program was discussed which the City had participated in for many years. At that time it was anticipated that JTPA funding would not be approved in the Federal budget. Staff researched funding to accommodate that in the current year budget and to use the current contractor, the North Texas Education and Training Co-op to administer the program for the City and provide the same program as last summer. That program would include 40 youth at 80 hours per week for 10 weeks. The estimated cost was $94,760. Subsequent to working out that agreement with the Co-op, the approved Federal budget included approximately 70% funding. Staff was recommending that the Council authorize the Mayor to execute an agreement with the Co-op which would include a provision that the city would only fund the difference betwe.en the full 10 week program and those funds which were included in the Federal budget. The estimated cost at this point in time would be $28,428 of which half would be paid from the utility funds and half from the general fund. The following ordinance was considered: NO. 96-112 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A CONTRACT FOR SERVICES WITH NORTH TEXAS EDUCATION & TRAINING CO-OP, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $94,760; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Bile~ "aye", and May~r Ca~tl~berry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance amending City of Denton city Council Minutes May 7, 1996 Page 18 the schedules of electric rates contained in Ordinance Number 95- 178 by repealing the Thermal Storage Incentive (Schedule TS). (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that for several years the city had a rate known as the thermal storage rate which was a rate to give incentives to large industrial customers to shift some of their electrical load from the peak loads to off- peak loads. That rate was no longer economical due to the rate structure from the wholesale supplier. The Public Utilities Board recommended to discontinue the rate. The following ordinance was considered: NO. 96-113 AN ORDINANCE AMENDING THE SCHEDULES OF ELECTRIC RATES CONTAINED IN ORDINANCE NUMBER 95-178 BY REPEALING THE THERMAL STORAGE INCENTIVE (SCHEDULE TS); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; 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. H. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for contribution of funds toward the replacement of the bridge on North Hickory Creek at Jim christal Road; and authorizing the expenditure of funds. Rick Svehla, Deputy City Manager, stated that these two ordinances were contracts with the Texas Department of Transportation to do bridge design on two bridges on Jim Christal Road. By having the Department of Transportation do this work, the City would spend less money. The following ordinance was considered: NO. 96-114 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON NORTH HICKORY CREEK AT JIM CHRISTAL ROAD; AUTHORIZING THE EXPENDITUR~ OP PUND~; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock 367 City of Denton city Council Minutes May 7, 1996 Page 19 "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for contribution of funds toward the replacement of the bridge on Dry Fork Creek at Jim Christal Road; and authorizing the expenditure of funds. The following ordinance was considered: NO. 96-115 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON DRY FORK CREEK AT JIM CHRISTAL ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. Biles 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. 13. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to amend city policies to provide for a model of employment at will with respect to all employees, other than those governed by Chapter 143 of the Texas Local Government Code; authorizing the City Manager to offer severance packages to new hires and incumbents in key positions at the director level and above, and to expend funds as necessary in support of same; and approving redrafts of Policies 1.00 and 104.02. Herb Prouty, City Attorney, stated that this was the same resolution with changes per the outside consultant. The resolution directed the City Manager, within the next six months, to modify the personnel policies to implement a model of employment at-will. The at-will would take effect immediately for all new hires and would take effect in six months for all current employees with the exception of Civil Service employees. Within the six month period, the city Manager could offer any employee whom the City Manager would decide to remove without cause, the option to stay for an additional six months or accept a severance package not to exceed 180 days pay. It had been suggested to change that to only apply to employees at the director level or above. From a legal standpoint it would be a better position to apply that policy to all employees. The employee who was offered the severance package or the option to stay would then have to sign a release waiving any claims that the employee might have as a result of the termination. City of Denton City Council Minutes May 7, 1996 Page 20 The other provision discussed was one which was a recruitment tool to allow the city Manager to offer to current employees, at the director level and above, the option of an employment agreement which would include a severance package similar to one the Council had with those employees it directly hired. That would be available for both current employees and as a recruitment tool for new employees. The only other change was to delete the expenditure of funds provision as a resolution did not usually authorize the expenditure of funds. In the event that a termination occurred without cause, there was authorization through the City Manger, under the City code, to expend budgeted funds up to $15,000. If that was not enough to cover the difference for a terminated employee or as a recruitment tool, a separate ordinance could be enacted either as a general basis or as needed by employee. One additional reason for for-cause termination was added which was the sexual harassment policy. It was not intended to administer this policy any different from the current policy. There was no anticipation that there would be a change as the City had had good success with the previous personnel policy. The following resolution was considered: NO. R96-022 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND CITY POLICIES TO PROVIDE FOR A MODEL OF EMPLOYMENT AT WILL WITH RESPECT TO ALL EMPLOYEES, OTHER THAN THOSE GOVERNED BY CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE CITY MANAGER TO OFFER SEVERANCE PACKAGES TO NEW HIRES AND INCUMBENTS IN KEY POSITIONS AT THE DIRECTOR LEVEL AND ABOVE AND TO EXPEND FUNDS AS NECESSARY IN SUPPORT OF SAME; APPROVING REDRAFTS OF POLICIES 1.00 AMD 104.02; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. Miller motioned, Cott seconded to amendthe motion. Council Member Miller stated that he agreed with the policy but did not agree with Section 3 which provided for employment agreements at any level. To single out directors and above was unnecessary. If for-cause termination was done, the City Manager and his subordinates had the authority to make arrangements which were fair at the time. He motioned to strike Section 3 from the resolution and caption. On roll vote for the amendment, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. On roll vote on original motion to approve, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 369 370 City of Denton City Council Minutes May 7, 1996 Page 21 14. The Council considered nomination/appointment to the Development Policy Committee and the Keep Denton Beautiful Board. Mayor Castleberry indicated that he did not have an appointment to the Development Policy Committee. Council Member Brock nominated Gayla Robles to the Keep Denton Beautiful Board. 15. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on May 4, 1996. City Secretary Jennifer Walters read the results of the election. The following ordinance was considered: NO. 96-116 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON MAY 4, 1996; AND PROVIDING AN EFFECTIVE DATE. Krueger 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. 16. Oath of Office administered to newly elected Council Members. City Secretary Jennifer Walters administered the oath of office to Roni Beasley, Place 5; Euline Brock, Place 6; and Jack Miller, Place 7. Council considered Item #18. 18. The Council considered approval of a resolution appreciation for Bob Castleberry. The following resolution was considered: RESOLUTION OF APPRECIATION FOR BOB CASTLEBERRY On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye", and Mayor Miller "aye". carried unanimously. Council returned to the regular agenda order. 17. Election of a Mayor Pro Tempore. of Krueger Motion City of Denton city Council Minutes May 7, 1996 Page 22 Council Member Cott nominated Euline Brock. Council Member Young nominated David Biles. On roll vote for Brock, Beasley "aye", Brock "aye", Cott "aye", Krueger "nay", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. On roll vote for Biles, Beasley "nay", Brock "nay", Cott "nay", Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "nay". Motion carried failed with a 2-5 vote. 19. Miscellaneous matters from the city Manager. A. The Council received a report concerning latest honorees added to the Wall of Honor. Ted Benavides, city Manager, indicated that the latest additions to the Wall of Honor were now posted. 20. There was no official action taken on Closed Meeting Items discussed in the earlier Closed Meeting. 21. New Business The following items were suggested by Council Members for future agendas: A. Council Member Young expressed a concern about the railroad tracks on Prairie Street as they were very difficult to cross. 22. The' Council did not meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 10:00 p.m. NNI~R WALTERS TY 'SECRETARY CITY OF DENTON, TEXAS 371 ACC0030A