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)
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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.
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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
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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.
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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
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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
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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.
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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
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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