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Minutes November 19, 1996214 CITY OF DENTON CITY COUNCIL MINUTES November 19, 1996 The Council convened into a Closed Meeting on Tuesday, November 19, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None The Council considered the following in Closed Meeting: A® Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed status and considered settlement demand of John Hodges' claim. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, November 19, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and the Texas flags. 2. The Council considered approval of the minutes of September 3, 1996. Beasley motioned, Biles seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 3. Presentation of Texas Downtown Association Awards. Jane Jenkins, Main Street Manager, stated that the Texas Downtown Association was a state-wide non-profit organization which facilitated downtown development in communities. At their 14th annual conference, the City of Denton was awarded two state-wide awards in the categories of best store interior and best private/public venture. Thi~ was the 9th time that Denton had been recognized on a statewide basis for its downtown projects in the eight years that the City had a Main Street program. Denton was noted around the State for excellence in projects. City of Denton City Council Minutes November 19, 1996 Page 2 Mayor Miller presented the award for Best Store Interior to George Goen. Mayor Miller presented the award for Best Public/Private Venture to Mayo~ Pro Tem Brock and Council Member Beasley representing the Vision project. Mayor Miller presented a proclamation for "Education Day". CXTXZENREpORTS 4. The Council received a report from Don White and representatives of Chi Omega, Kappa Kappa Gamma, Delta Sigma Phi, and Sigma Tau Gamma regarding feeding the needy for Thanksgiving. Mr. White stated that as Thanksgiving was approaching there were many things for Americans to be thankful for. Those in the United States were guaranteed many rights and in Denton there were many ways to give thanks. Four organizations on the University of North Texas campus were brought together along with the Denton Greater Arts Council and the Greater Denton Caucus to feed 400 needy persons in Denton. These individuals would be serving the needy and providing entertainment. He asked the Council to join them in feeding the hungry on Saturday, November 23rd. 5. The Council received a report from Joe Dodd regarding "three things". Mr. Dodd stated that he wished to speak on three items. The first was the dumb things done by the City Manager. He knew two of the three individuals let go by the City Manager and those were two of the four people in City government who had never lied to him. He was sorry to see them go. He was also concerned with the demotion of Chief Jez. Chief Jez was not the one to be put in charge of shrubs and grease traps. That was not good management. The second item was his concern of playing by the rules. The Planning and Zoning Commission had had an illegal meeting last week. That Commission met in a closed meeting regarding the land exchange with the School District and that exchange was probably not what it should be. The Attorney General agreed with an individual who had requested open records. Also on following the rules regarding the economic development hearing, three items on the agenda were taken together in a supposedly random order. There were unusual circumstances on how the agenda items were heard. The third item was his resignation from the Cable Television Advisory Board as he did not approve of how the city government wa~ going. PUBLIC HF,~RING 6. The Council held a public hearing and considered adoption of an ordinance providing for a change from the Single Family 7 (SF-7) 216 City of Denton City Council Minutes November 19, 1996 Page 3 zoning district and use designation to a Neighborhood Service Conditioned (NS[c]) zoning district classification and use designation, for lot 5 of the replat of the T.N. Skiles subdivision located on the northwest corder of Westway and Anna Streets. (The Planning and Zoning Commission recommended approval 5-1.) Rick Svehla, Deputy City Manager, stated that this site was currently zoned SF-7. The Planning and Zoning Commission examined the request as there was currently a non-conforming use at the location. Approval of the request would make the use appropriate for the zoning. The Mayor opened the public hearing. Phil Philips stated that he was representing the applicant. The applicant originally started a beauty college at the location in 1964. She later sold the business in the 1980's but kept the wig business on Sunset. She wished to move the business to Westway. There were other businesses in the same block where this business would be located. He felt this was a proper application for the location. There were not a large number of clients each day and would not be a traffic problem. Council Member Young asked about parking for the business. Jessie Taylor, Applicant, stated that parking was in the back of the property which was on Anna Street. Council Member Young expressed concern that individuals would be parking in front of the homes in the area. Taylor replied that there was plenty of parking in the back of the property and there should be no parking on the street. Jessie Taylor stated that she had been in Denton since 1964 and began Jessie Beauty College. She added a wig business in the 1970's and sold the beauty college in the 1980's. There was a great need for wigs as many individuals were undergoing chemotherapy. She currently had a shop on Sunset and would like to rezone to her property on ~stway to continue her business. Janice Johnson stated that she had been a customer of Ms. Taylor for over 20 years. She had a condition in which she had lost all of her hair. This request would help Ms. Taylor's business and requested the Council consider the rezoning of the property. Linda Carter stated that the move of the location would help with the parking at the site. Viola Marie Woods stated that she was a customer for a long time and asked the Council to support the request. City of Denton City Council Minutes November 19, 1996 Page 4 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 96-258 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD SERVICE CONDITIONED (NS[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR LOT 5 OF TH.E REPLAT OF THE T. N. SKILES SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF WESTWAY AND ANNA STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Krueger seconded to adopt the ordinance. Mayor Pro Tem Brock stated that this was not a zoning request for a wig shop which would require a specific use permit. This was a request for neighborhood service which allowed a variety of uses. Svehla replied correct that this was a conditioned neighborhood service request dependent on the size of the building. Mayor Pro Tem Brock asked if the zoning would allow a convenience store or laundry mat in the future. Svehla replied yes if it could fit into the existing building. Mayor Pro Tem Brock stated that the structures on Westway were residential in nature. Svehla replied yes that the structures on south side of Westway were residential. Mayor Pro Tem Brock asked about other uses which would be allowed in neighborhood service. Svehla replied a convenience store, a dry cleaners, etc. The Planning and Zoning Commission looked at the neighborhood as a whole as it was transitional in terns of other uses. Council Member Krueger asked how many residences were in that area. Svehla replied that there were two or three in the area. Council Member Biles stated that the proposed zoning was for only 1,200 square feet. 218 city of Denton city Council Minutes November 19, 1996 Page 5 Svehla replied that the intensity analysis was done using 1,200 feet rather than 5,000 feet. On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye" Young "aye" Biles "aye" and Mayor Miller "aye" carried unanimously. Krueger Motion CONSENT ~GENDA ITBH8 7 - X9 Council considered the Consent Agenda Items 7-19. Brock motioned, Beasley seconded to adopt the ordinances. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 7. 96-259 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DICKERSON CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (Bid #1799 - Panhandle/Egan Sanitary Sewer) 96-260 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND M.D. HENRY COMPANY, INC.; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (Bid #1926 - Jim Christal Substation Package) 96-261 AN ORDINANCE 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. 10. 96-262 Alq ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS Of STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. #70309) 11. 96-263 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE City of Denton City Council Minutes November 19, 1996 Page 6 219 COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 12. 96-264 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY 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. 13. R96-069 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 14. R96-070 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 15. R96-071 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 16. R96-072 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTONAND THE CITY OF KRUM FORAMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (1995-96 fiscal year) 17. R96-073 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTO~ AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 18. R96-074 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 22O city of Denton City Council Minutes November 19, 1996 Page 7 19. 96-265 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEPOSITORY PLEDGE AGREEMENT BETWEEN THE CITY, FIRST STATE BANK OF DENTON, TEXAS, AND TEXAS COMMERCE BANK, N. A.; AND PROVIDING FOR AN EFFECTIVE DATE. ITEI~S FOR INDIVIDUAL CONSIDEI~TION 20. The Council considered an ordinance making findings consistent with Section 26.001 of the Parks and Wildlife Code, including the finding that there is no feasible and prudent alternative to the use or taking of 13.06 acres in Abstract 616 and 1007 out of South Lakes Park in the City and County of Denton, Texas; authorizing the Mayor to execute a conveyance of this 13.06 acres of undeveloped City park land to the Denton Independent School District in exchange for a 5.105 acre tract of land near Evers Park in Abstract 186 in the City and County of Denton, Texas to be used for park purposes; making certain other findings; making this ordinance cumulative of other ordinances; providing a severability clause; and providing a savings clause. Ed Hodney, Director for Parks and Recreation, stated that the Planning and Zoning Commission and the Parks and Recreation Board endorsed this proposal. The proposal was 100% in compliance with State law and the Parks and Wildlife Department agreed with this proposal. This was an equal exchange of value as dictated by State law. The following ordinance was considered: 96-266 AN ORDINANCEMAKING FINDINGS CONSISTENT WITH SECTION 26.001 OF THE PARKS AND WILDLIFE CODE, INCLUDING THE FINDING THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF 13.06 ACRES IN ABSTRACT 616 AND 1007 OUT OF SOUTH LAKES PARK IN THE CITY AND COUNTY OF DENTON, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A CONVEYANCE OF THIS 13.06 ACRES OF UNDEVELOPED CITY P~/( I2%ND TO THE DENTON INDEPENDENT SCHOOL DISTRICT IN EXCHANGE FOR A 5.105 ACRE TRACT OF LAND NEAR EVERS PARK IN ABSTRACT 186 IN THE CITY AND COUNTY OF DENTON, TEXAS TO BE USED FOR PARK PURPOSES; MAKING CERTAIN OTHER FINDINGS; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. Council Member Beasley felt that this was a win-win situation for the DISD and for the City. The parcels were unequal in size but City of Denton City Council Minutes November 19, 1996 Page 8 were equal in value. This was a good use of city resources for the City and for DISD. Council Member Krueger stated that tn 1992 other school districts and cities were working on just this type of agreement. This proposal would build a school within a park. He did not see one negative on this proposal. There had been two separate appraisals on the property. Mayor Miller also felt that this was a win-win situation. The gymnasium which the DISD was going to build with the school and make available to the City would have cost the City much money if it had to build it alone. Council Member Biles stated that there would be two new ball fields to facilitate games in Denton. The development of the school would save tax dollars for both the City and the DISD. On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried unanimously. Krueger Motion 21. The Council considered adoption of an ordinance whereby the City of Denton, Texas, and GTE Southwest Incorporated agree that, for the purpose of operating its telecommunications business, the Telephone Company shall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of- way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies, providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. Biles motioned, Young seconded to adopt the right-of-way ordinance with GTE and set the access line, street rental fee at the amounts 222 City of Denton city Council Minutes November 19, 1996 Page 9 recommended by the mediation committee and as moved at the last meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance authorizing the City Manager to execute the first amendment to a professional services agreement between the City of Denton and Lloyd, Gosselink, Fowler, Blevins and Mathews; and authorizing the expenditure of funds as provided in the agreement. Sharon Mays, Director of Electric Utilities, stated that in March of 1996 the City entered into an agreement with this firm to represent the electric utility in the transmission cost filing before the Public Utilities Commission. That proceeding was more complicated than first thought. The original contract of $25,000 was exceeded with a change order for $14,000. Due to the fact that the City was unable to settle with all of the parties on the transmission rate filing and had to go into hearing, which was unexpected, a draft decision was reached. This proceeding had become more and more complicated with a new docket which contained all of the technical requirements for operation of the electric system in the entire State. As a result, staff was recommending a new contract with the firm to cover activities through May 1997. The following ordinance was considered: 96-267 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Biles motioned Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered adoption of an ordinance approving and authorizing the Mayor of the City of Denton, Texas to execute a resolution authorizing participation of the City of Denton in the Texas Local Government Investment Pool and designating authorized representatives; and authorizing the Mayor to execute a revised participation agreement between the Texas Local Government Investment Pool and the City of Denton; and authorizing the expenditure of funds therefor. Harlan Jefferson, Director of Fiscal Operations, stated that the City had been a member of the Texas Local Government Investment City of Denton City Council Minutes November 19, 1996 Page 10 Cooperative since 1991. Since that time and just recently, the State Treasurer's office had been abolished and the new Public Funds Investment Act amended requiring the City to approve a new agreement. The agreement included five basic changes - (1) the new agreement reflected references to the Public Investment Act as opposed to the previous act; (2) operating procedures were taken out of the agreement and transferred to a new manual; (3) previously the advisory board could approve amendments to the investment policy as well as changes to the fee structure and the amended act limited the duties of the advisory board;, (4) the way amendments would be implemented were revised; and (5) the controller's ability to retain the services of an outside investment company was revised. Council Member Biles asked if the one day notice of withdrawal of funds dealt with partial funds. Jefferson replied that part or all of the funds could be withdrawn. Council Member Krueger asked what percent of the entire investment was in TxPool. Jefferson replied approximately 6% was in TxPool and not more than 10% could be invested as a whole. The following ordinance was considered: 96-268 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A RESOLUTION AUTHORIZING PARTICIPATION OF THE CITY OF DENTON, TEXAS IN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL AND DESIGNATING AUTHORIZING REPRESENTATIVES; AND AUTHORIZING THE MAYOR OF THE CiTY OF DENTON, TEXAS TO EXECUTE A REVISED PARTICIPATION AGREEMENT BETWEEN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL AND THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered approval ~of a resolution authorizing the submission of an application of the criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles. 224 city of Denton City Council Minutes November 19, 1996 Page 11 Harlan Jefferson, Director of Treasury Operations, stated that last year the City received a Title V Delinquency Prevention Grant in the amount of $81,000 for teen court programs and the Boys and Girls Club which operated out of ~he Fred Moore Learning Center. The City was reapplying for $100,000 this year. This was a joint venture with the City, the DISD and the County to try and provide prevention and intervention programs for youth at risk. The following resolution was considered: R96-075 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF ANAPPLICATION OF THE CRIMINAL JUSTICE DIVISION FOR THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered approval of a resolution authorizing the City Manager to execute an interlocal cooperation agreement with the University of North Texas to enable an exchange of right- of-way to allow the rerouting of Avenue E to accommodate the construction of a new Music and Fine Arts Education Building. Rick Svehla, Deputy City Manager, stated that he would be discussing both Items 25 and 26. Item 25 was an interlocal agreement to allow for the exchange of right-of-way. Normally there had to be an equal exchange of property. As not all of the documents were written, an interlocal agreement was being done. Item 26 would be abandoning and vacating a piece of the right-of- way. Later the City would write legal documents where UNT would give the City right-of-way to reroute the road. The following resolution was considered: R96-076 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE REROUTING OF AVENUE E TO ACCOMMODATE THE CONSTRUCTION OF A NEW MUSIC AND FINE ARTS EDUCATION BUILDING; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes Nove~Lber 19, 1996 Page 12 225 Brock motioned, Biles seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 26. The Council considered adoption of an ordinance abandoning and vacating right-of-way easement in the vicinity of Avenue E, north of Interstate Highway 35E and south of Eagle Drive. The following ordinance was considered: 96-269 AN ORDINANCE ABANDONING AND VACATING RIGHT-OF-WAY EASEMENTS IN THE VICINITY OF AVENUE E, NORTH OF INTERSTATE HIGHWAY 35EAND SOUTH OF EAGLE DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered approval of a resolution of the City Council of the City of Denton, Texas consenting to the issuance of bonds by the Texas Municipal Power Agency to acquire the property subject to the leveraged lease agreement held by Metlife capital Corporation and the Texas Teacher Retirement System; authorizing the City of Denton, Texas to execute all appropriate documents and certificates in furtherance of, and necessary and incident to the issuance of said bonds. George Hopkins and Bill Giese, TMPA Board of Directors Representatives, stated that they had previously spoken to Council about this issue. While the proposal would issue additional debt there would be no further financial obligations undertaken. The proposal would improve the cash flow position of the TMPA. Mayor Miller asked about the cash flow savings. Hopkins st&&ed that the proposal would save approximately $13 million, more or less depending on interest rates. He doubted it would be that much due to the annual maintenance on the property. The following resolution was considered: R96-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE ISSUANCE OF BONDS BY THE TEXAS MUNICIPAL POWER AGENCY TO ACQUIRE THE PROPERTY SUBJECT TO THE LEVERAGED LEASE AGREEMENT HELD BY METLIFE CAPITAL CORPORATION AND THE 226 City of Denton city Council Minutes November 19, 1996 Page 13 TEXAS TEACHER RETIREMENT SYSTEM; AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ALL APPROPRIATE DOCUMENTS AND CERTIFICATES IN FURTHERANCE OF, AND NECESSARY AND INCIDENT TO THF ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 28. Briefing and gave direction regarding assignment of extraterritorial jurisdiction with the city of Aubrey. Rick Svehla, Deputy City Manager, stated that several weeks ago staff met with representatives from Aubrey to discuss the ETJ. Today several Council Members suggested two areas which would be changed from the agenda materials. He had talked with Aubrey and it was felt that the line could be moved so as to not leave any land in between Denton's ETJ boundary and the City of Aubrey. An agreement could be drawn with those lines upon approval by the Council. Biles motioned, Krueger seconded to proceed with the preparing of an ordinance. Council Member Cott did not believe in giving any land away under any circumstances. The City should have gone out and talked to those individuals to see if they wanted to stay in Denton's ETJ. On roll vote, Beasley "aye", Brock "aye", Cott "nay", "aye", Young "aye", Biles "aye" and Mayor Miller "aye". carried with a 6-1 vote. Krueger Motion 29. Nominations/appointments to Boards and Commissions. Wiley Cunagin had been nominated by Mayor Miller to the Plumbing and Mechanical Code Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye"~ Biles "aye" and Mayor Miller "aye". Motion carried %~nanimously. Henry Rife had been nominated by Council Member Beasley to the Building Code Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Fran Morgan was nominated by Council Member Young to the Library Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes November 19, 1996 Page 14 Council Member Krueger nominated Sara Saunders to the Keep Denton Beautiful board. Council Member Beasley nominated Brent Thornton to the Sign Board of Appeals. 30. Miscellaneous matters from the City Manager. city Manager Benavides did not have any items for Council. 31. The following action was taken on items discussed in Closed Meeting: Biles motioned Beasley seconded to direct the City Attorney to proceed with the settlement authority on the Hodges claim. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 32. New Business There were no items of New Business suggested by Council Members. 33. The Council did not meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 8:30 p.m. NIFE~ WALTERS Y SECRETARY CITY OF DENTON, TEXAS ACC0034E