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Minutes January 21, 1997CITY OF DENTON CITY COUNCIL MINUTES January 21, 1997 The Council convened into a Closed Meeting on Tuesday, January 21, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Bea$1ey, Biles, Cott, Durrance and Young. ABSENT: None 1. Members The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed claim of Jonathan T. Hodges and proposed settlement. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Considered purchase of land near the City of Denton Wastewater Treatment Plant. C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, January 21, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Durrance and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered an ordinance canvassing the sales and use tax election held in the city of Denton on January 18, 1997. The following ordinance was considered: NO. 97-013 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JANUARY 18, 1997 TO DETERMINE WHETHER THE VOTERS WOULD APPROVE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. 303 304 city of Denton City Council Minutes January 21, 1997 Page 2 3. The Council considered an ordinance canvassing the special election held in the city of Denton on January 18, 1997 to fill the vacant City Council District 2 seat. The following ordinance was considered: NO. 97-014 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JANUARY 18, 1997 TO FILL A VACANCY ON PLACE 2 OF THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Beasley seconded to adopt the ordinance with an amendment to the total number of ballots cast to read 2,447 to reflect only those ballots cast in District 2. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 4. Oath of office administered to newly elected Council Member. Jennifer Walters, City Secretary, administered the oath of office to Neil Durrance - District 2. 5. Council considered approval of the minutes of November 5, November 12 and November 19, 1996. Biles motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 6. Presentation of "Planning Advocate Award for 1996" to Mayor Pro Tem Brock by the American Planning Association - Midwest Section, Texas Chapter. Mayor Miller presented the award to Mayor Pro Tem Brock. 7. Presentation of the 1996 "Certificate of Achievement for Planning Excellence". Mayor Miller presented the Certificate of Achievement to Rick Svehla, Deputy City Manger, accepting the award on behalf of the Planning Department. 8. Presentation by Texas Engineering Extension Service to the Electric Utility on achievement of the Municipal Electric Safety Accreditation. Sharon Mays, Director of Electric Utilities, stated that Denton was one of first three municipal utilities in Texas to earn this award. City of Denton City Council Minutes January 21, 1997 Page 3 305 Aside from keeping city employees safer, a 78% reduction in reportable accidents with a large savings to workers compensation was realized. Team work and morale improved with better service to the citizens of Denton. Jessie Watson, Texas Engineering Extension Service, presented the award to the City employees. SA. The Council considered a Resolution of Appreciation for James Dotson. The following resolution was considered: "RESOLUTION OF APPRECIATION FOR JAMES DOTSON" Biles motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Mayor Miller presented the following proclamations: UNT Eagles Day Ms. Mature Denton CITIZEN REPORT 9. Citizen Report from Dessie Goodson regarding SPAN and the City of Denton. Ms. Goodson stated that she had requested certain records from the City. The area she had to work in was too cold for her. She found discrepancies in the records she was given. One in particular was a letter written July 24, 1996 record by Erika Lissberger. What was in her letter was not what was in the tape recording she made of the conversation. The City had received funding for shelters and benches and she wanted to know why none had been built. It was not right that the benches and shelters were not built. The City had twice spent $2,500 on map routes which no one could understand. The citizens spoke on January 18th that they did not need any further sales tax. She was going to proceed in Federal Court with the two cases she had filed against SPAN and Denton public transportation and the Denton Police Department. The next case she would file would be against the Denton Utilities as she had been disconnected with no explanation and then her home was listed as vacant. The City had not received a written request from her to disconnect her utilities. 306 City of Denton City Council Minutes January 21, 1997 Page 4 PUBLIC HEARING 10. The Council held a public hearing and considered an ordinance to rezone .4892 acres from the General Retail (GR) zoning district to the Planned Development (PD) zoning district and approval of the development plan. This tract was located on the south side of McKinney Street, approximately 450 feet west of Woodrow Lane. (A- 96-020) (The Planning and Zoning Commission recommended approval 6- 1). Council Member Durrance stated that he would abstain from this item due to a potential conflict of interest. Rick Svehla, Deputy city Manager, stated that this was a request to change the zoning from general retail to planned development. The lot in question did not have access to a public street and by city regulations, each lot had to have access to a public street. If it did not have access, a planned development must be done. The petitioner was working with the County Commissioners for access to the main driveway into the County Jail complex. The real issue was not whether to build the offices but rather the access. Council Member Beasley stated that it was not clear whether there was a condition that the zoning would only be passed if access was approved by the County. Svehla replied that originally staff had suggested that but that was before a review of the access to the east. There was some question as to whether the access to the east met the City's standards for a private street. It was determined that it did but there was still the requirement to zone a planned development. There were no conditions imposed by the Planning and Zoning Commission. Mayor Pro Tem Brock asked if the easement would be a private agreement and would it be possible to grant the zoning and then there would not be a street access which met city standards. Svehla stated that the easement to the east met that standard. The driveways into the County also met those standards. In either case, there would be no problem. Mayor Pro Tem Brock asked if there would be the possibility that the County or a private property owner might, at some time, withdraw that easement and the use of that easement. Svehla stated that he had not seen the final wording from the County. The easement to the east would not apply in that case as it was granted to all of the landowners. The Mayor opened the public hearing. City of Denton city Council Minutes January 21, 1997 Page 5 307 Jack Bell stated that he would answer any Council questions. The easement in place could not be removed by the landowners. He had received approval from Commissioners Court for access to the road. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-015 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DEVELOPMENT PLAN FOR A .4892 ACRE TRACT LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, FOUR HUNDRED FIFTY (450) FEET WEST OF WOODROW LANE; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cott seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. llA. The Council held a public hearing on rezoning 136 acres from the Single Family 16 (SF-16) zoning district to the following zoning districts: Office Conditioned (O[c]), Single Family 10 conditioned (SF-10[c]), Single Family 7 Conditioned (SF-7[c]), Planned Development (PD) and approving a detailed plan for the Planned Development. The subject property was located on the east side of the Teasley/Lillian Miller intersection. Mayor Miller stated that Council postponed this item after the last public hearing was closed. It was decided to place this item on the agenda again with a public hearing for citizen comment. The next item on the agenda was the companion ordinance with this item. Council Member Cott indicated that he would be abstaining from this item due to a potential conflict of interest. Rick Svehla, Deputy City Manager, stated that a public hearing was held on January 7th and that public hearing was closed during the meeting. The developer met with the neighborhood on January 15th and since that meeting Dr. Hersman had visited with staff and proposed a change in the request. The changes included changing the planned development from 5,000 square foot lots to 6,000 square foot lots; changing the office from 4.4 acres to .7 acres; changing the other 3.7 acres of office to SF-10 and changing the SF-7 to SF- 308 City of Denton City Council Minutes January 21, 1997 Page 6 10 around the two western cul-de-sacs. Those proposed changes made two changes in the analysis. Part of the Development Plan indicated that neighborhood service concentration could not be more that 3 acres. Originally the 4.4 acres of office was in violation of the Development Plan. The .7 acres was well below that standard and conformed to the Plan. The intensity trips changed from complying with the plan to being slightly lower and still conformed with the Development Plan. Staff had heard that there might be more opposition to this case. Currently a super majority was not required for passage. Four affirmative votes by Council were needed for passage. The Mayor opened the public hearing. Jake Hersman stated that the neighborhood meeting opened with representatives from the various homeowner's groups listing the items most important to the neighborhoods. The first item on the list was to reduce or do away with the office zoning. The second was the SF-10 and SF-16 zoning along Lillian Miller. There was a request for an average lot size of 10,000 square feet and several individuals were against the planned development. He made significant changes in the original proposal due to the dialog at those meetings. He lowered the conditioned office to .7 acres from 4.2 acres. The reason one section was kept office was to allow a cul-de-sac to be built in that area. He also offered to change the planned development from 4,000 to 6,000 square feet. Another item discussed was the minimum square footage allowed for the homes. There was a lot of discussion regarding a road going north to the Hunters Ridge subdivision. With the removal of the conditioned office, the area could be a cul-de-sac so no traffic would be in that area. It was proposed to create a bend in the lake in order for it to be seen from Lillian Miller. That would avoid the stark screening in that area. There would be breaks in the fence with cul-de-sacs close to Lillian Miller. This proposal would also allow for the park system originally proposed. Council Member Young asked how big the lake would be and what changes were made to the lake. Hersman stated that the lake system was similar to the original proposal. The northern extension of the lake would be changed to bend toward Lillian Miller. Council Member Young asked about the masonry edge and walkway around the lake. Hersman stated that for ease of maintenance along the lake, there would be a hard edge along the entire lake system. There would be a sidewalk adjacent to that edge. City of Denton City Coun6~ MihU~e~' January 21, 1997 Page 7 309 Council Member Young asked about the water from Lillian Miller to the feeder lake. Hersman stated that there would be a discharge under Lillian Miller which would feed the lake system. It was proposed to drill wells to keep the lake at a constant level. The water source in the northern extension would provide a constant level of water. Council Member Young asked if the City Engineers agreed with the proposal for a pipe system to help control flooding in the area. Hersman replied correct that they had met with Jerry Clark and David Salmon regarding this system. They would also have to submit a FEMA study regarding the proposed lake system. Council Member Young asked about the n,,mher of acres in the park with trees and how would it be maintained. Hersman stated that it would be a 16 acre park maintained by a homeowners association until the City was ready to take it into their system. Funding would be escrowed or delivered to the City for park maintenance. Council Member Young asked about the roads and sidewalks. Hersman stated that the road was a 41' collector street with sidewalks on both sides of the road with landscaping. The road was approximately 3500' long which would hopefully provide traffic relief for future development. Alan Wasserman stated that he represented the Hunters Ridge Homeowners Association. He realized that there was give and take in the proposal and was in support of a new project. There were two conditions from the last zoning proposal he did not want to be forgotten as they were very crucial. They would not be in support of the proposal if those conditions were removed. One condition was that there would be no windows on the second floor of the commercial property. The second condition was that all conditions which were proposed at the last zoning request should remain with this zoning request. In addition, there was the condition Dr. Hersman suggested of not having a collector street on Lillian Miller, allowing the SF-10 facing their subdivision and allowing the planned development to equal Ellison Park. Brennan Gourdie stated that he represented the Homeowners Association for Indian Ridge, Southridge and Beazer Developments. They had two concerns regarding the new proposal. One was the commercial expansion in a residential area and second was the density of homes on the property. The result of this proposal would be a negative impact on traffic, noise and schools. A group of the homeowners met with Dr. Hersman last week and listed their 310 city of Denton City Council Minutes January 21, 1997 Page 8 concerns regarding the proposal. A vast majority of them requested a mixture of SF-16, SF-10 and SF-7 with no commercial buildings and a lower density on the property. Dr. Hersman presented an updated proposal which did little to address their concerns about the property. Twenty five of the homeowners developed a unanimous set of conditions which if added to the proposal would gain their support. The first was to widen the collector street to match Teasley in size and capacity. In order to minimize the impact on schools and traffic, the number of homes should be reduced to under 400. Their starting point for this development would be SF-16 and not less. The group was opposed to the planned development with 5,000 square foot lots. A minimum lot size needed to be 7,000 square feet with a minimum home size of 1600 square feet. They were opposed to any commercial office buildings on Lillian Miller. There should be only one entrance or exit to the development to minimize traffic and congestion. The park was not an issue. If it were a real park why was there no parking for others to have access to it. The park was proposed with nothing concrete. Dr. Hersman indicated to them that he felt he had made enough concessions but the neighbors felt he had not made enough. They had the signatures of 125 nearby residents who agreed with these points in addition to the original 25 who worked on the proposal. They asked Council to deny the proposal or to have the developer meet the conditions asked for. Tim Peters stated that he had a concern from a global perspective. He agreed with the points previously mentioned. The development as proposed was not designed to fit in with the current nature of the subdivisions in this area. Part of planning was to provide consistency for growth. The proposed road was 41' wide while Teasley Lane was 71' wide as a four lane undivided road. Wind River was proposed to extend through the next development with a connection to 1-35. That much traffic could not be carried on a two lane road. The proposed park system was required to handle drainage. It was not a sacrifice to give that park area. There were no assurances that there would be a homeowners association. The land to the south was rezoned for approximately 500 homes. If this zoning for 455 homes was approved, there would be close to 2700 people living in that combined 300 acres. Of that, about a third would be children. Sam Houston School was already overcrowded and this proposal would only add to that overcrowding. This development would not improve the quality of life for the residents in this area. Roland Vela stated that he moved to Denton and this area with the intention of living in a neighborhood which would not be overcrowded. He had put his entire financial ability in his home and was very happy there. He felt threatened by a high density neighborhood. There was already a high degree of traffic in the area and now Lowes and Walmart added to that traffic. The City could not keep adding houses and cars and people to a small area of City of Denton City Council Minutes January 21, 1997 '"~"~'--,~ ~ .... Page 9 311 land without trashing out the area. Their neighborhood and the place where they lived were being threatened with development. Development did not only mean add more and more, it also meant add quality. This might be a good plan for Dr. Hersman but it was not good for the residents in the area. The neighbors had developed five points which were a compromise for the residents. There was a need for a balancing of quality of life with the profit of an individual. He urged the Council to turn down the proposal as presented and to consider their five points for the proposal. Vera Gershner stated that the proposal added up to smaller lots, more homes and more money for the developer. The issues they had concerned the neighborhood such as home values, traffic congestion, increased traffic and duplication of the neighborhood. One particular point was a great deal of concern for the children going to Sam Houston School. Sam Houston was overcrowded at this point in time. To add this amount of houses to the area would be too much for the school. She had two recommendations for the Council. One was to not pass the proposal as presented and the second was to have an ongoing dialog between the Council and the members of the School Board. Curtis Ramsey stated he would speak on the quality of life issue. This kind of high intensity impact deteriorated the immediate neighborhoods and added to demands for city services. The quality of life varied with each individual and varied over time. He felt that one of the finest developments in Denton was one here in this area. This proposal would significantly change the quality of life for all in Denton. He urged the Council to change the zoning to SF-16. Council Member Durrance asked if Mr. Ramsey concurred with the other comments regarding the impact on the schools. Ramsey stated that he was here as an individual and not as a member of the school district. Council Member Young stated that each child in that area was not bussed to any other school. Curtis replied no but that the proposed addition alone would represent enough children for an entire new school. Marvin Jeffries felt this development would be built and the only situation was the conditions of the proposal. His main concern was the crowding of the streets. Teasley Lane in front of Sam Houston School was 71' wide. A 41' collector road would not extend that road. He felt part of the Council's responsibility was to have an adequate width in a street to prevent congestion in traffic. He suggested having the developer build a wider street in the area or have the right-of-way for the area so that it could be widened in 312 city of Denton City Council Minutes January 21, 1997 Page 10 the future. He also felt curbing should be on one side and the street lights on that side and take out the other curb later when it was widened. John Kokalis stated that he was not against a project or a subdivision or a development. He was against the way it was being done. Denton would be getting development in the future and the question was whether or not the Council could handle it. He asked what kind of development would be helped in Denton and what kind of community did the Council want. In every place he had lived which had a planned development, smaller lots were mixed in with larger lots with a lot of green space. This proposal was to hide the small lots in an area. The Council's job was to make sure there was a great community for people already here and for people to come. It was time for the School Board and city to work together on projects. If a project was coordinated ahead of time, it would be a better idea for Denton. Bill Claiborne stated that he was not in strong opposition but had some questions on the proposal. He wanted to make sure that the ingress/egress for the proposed SF-10 lots would be from inside the subdivision. He felt this street should be dedicated as a secondary arterial with projected plans to connect to 1-35E. Rick Svehla, Deputy City Manager, stated that he had not seen a final plat at this point in time. He understood that access from the cul-de-sacs would be internal to the subdivision. Hersman replied correct. Peter Richardson stated that he was in support of the petition that Brennan Gourdie presented. The issue was density, not parks. All the speaker cards from the last meeting reflected density, traffic and schools. He did not like the portables at Sam Houston School. He did not like not being able to travel on Lillian Miller even on the weekends. He was concerned about the expansion in the area. He was in favor of development if the infrastructure could keep up with the development. He asked Council to consider the density issue and the impact on the traffic and the overcrowded school. Elizabeth Gourdie stated that this proposal would change the natural flow of the water in the area and many homes would be built on previous channels of water. Dessie Goodson stated that the trolley routes were revised due to the high traffic on Lillian Miller and Teasley Lane as the trollies could not get in and out. She questioned why the Council would want to put something back which was already taken away. Mayor Miller stated that he had speaker cards from the following individuals who did not which to speak but who were in opposition City of Denton city Council Minutes January 21, 1997 Page ll 313 to the proposal: Sandy Kristoferson, Ray James, Richard Bragg, Marian Hutsell, Joe Samek, Walter Wells, William Benjamin, Mary Benjamin, Shirley James, Charles Tailant, Karen Connor, Janell Trachta, Larry and Tami Hall, Patricia Cukor-Avila, Sal Avila, Wanda Samer, Claire O'Hearn, David Pearce, Michael $krnak, Leslee McMorrough, Mary Woodruff, Mark and Gina Replogle, Pam $toraci, Ron Wang, Terry Garland, Betty Garland, Frank Connor, Linda and Ray Stephens, and Douglas Ebersole. The petitioner was allowed a five minute rebuttal. Hersman stated that he would propose one further change which would be a less dense change. The planned development would be changed to 7,000 square foot lots. The planned development lots would be eliminated and become SF-7. One item would need to be added to the list of conditions for the office zoning for no windows on the second story facing east. The square footage condition with the planned development would not apply as the lots would be 7,000 square feet which had a 1,600 square foot minimum conditioned on the plat. Denton averaged approximately 300 new home per year. This was a 6-8 year project and would be brought on very slowly. Denton needed 2400 lots over the same life span and he was providing 440 lots. He was meeting a need of Denton. The screening walls would be a choice of the neighborhood with privacy issues. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-016 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FOR 136 ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]), SINGLE FAMILY 7 CONDITIONED (SF-7[C]), AND SINGLE FAMILY 10 CONDITIONED (SF-10[c]); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Young seconded to adopt the second ordinance which incorporated the earlier changes with additional changes as indicated by Dr. Hersman. The planned development would change to 7,000 square foot lots with 1,600 square foot minimum homes and no windows on the second floor of the commercial property facing east. On roll vote, Beasley "aye", Brock "aye", Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. 314 city of Denton City Council Minutes January 21, 1997 Page 12 liB. The Council considered of an ordinance rezoning 136 acres from the Single Family 16 (SF-16) zoning district to the following zoning districts: office Conditioned (O[c]), Single Family 10 conditioned (SF-10[c]), Single Family 7 Conditioned (SF-7[c]), Planned Development (PD) and approving a detailed plan for the Planned Development which was postponed at the meeting of January 7, 1997. The subject property was located on the east side of the Teasley/Lillian Miller intersection. This item was considered with Item llA. VARIANCES 12. The Council considered approval of the following exaction variances for Redgate Pecan Estates: Section 34-116(e) requiring adequate water capacity for fire protection purposes and Section 34-116(c) requiring fire hydrants. The subject property was located partially within the city limits and mostly within the Extraterritorial Jurisdiction of the City of Denton. The tract consisted of 57.53 acres between US 377 and Country Club Road at Thornridge. (The Planning and Zoning Commission recommended approval 7-0.) Rick Svehla, Deputy City Manager, stated that there were two variances associated with this proposal. One was for fire protection capacity out of the water line and the second for fire hydrants. The proposed development would be served bya water line from Argyle. The Planning and Zoning Commission recommended approval for both variances. A condition of the variances was that there would be no buildings within the city limits of Denton. Young motioned, Beasley seconded to approve the variances with the condition. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA Beasley motioned, Biles seconded to approve the Consent Agenda and associated ordinances as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 13. Tax refund to Fleet Mortgage Group for $730.55. CONSENT AGENDA ORDINANCES 14. NO. 97-017 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR City of Denton City Council Minutes January 21, 1997 ~'~ '~ Page 13 315 SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #1987) 15. NO. 97-018 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (RFSP #1970) 16. NO. 97-019 17. 18. 19. 20. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONAL ENERGY & TRADE, L.L.C. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid ~1971) NO. 97-020 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION EXPENSES FOR LAKE LEWISVILLE BY THE CITY TO THE DEPARTMENT OF ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. NO. 97-021 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 97-022 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE JOINT USE CONTRACT RELATING TO THE USE OF UTILITY POLES BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED; AND PROVIDING AN EFFECTIVE DATE. NO. 97-023 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL, RELATING TO THE LEASE OF THE CAMPUS THEATRE BY THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDINGANEFFECTIVE DATE. 316 City of Denton City Council Minutes January 21, 1997 Page 14 21. NO. 97-024 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION FOR PROPERTY LOCATED ON STATE SCHOOL ROAD AND KNOWN AS BRIARCLIFF PARK; AND PROVIDING FOR AN EFFECTIVE DATE. 22. NO. 97-025 AN ORDINANCE APPROVING THE DENTON PARKS AND RECREATION STRATEGIC PLAN WHICH PROVIDED FOR SPECIFIC INITIATIVES TO GUIDE THE PARKS AND RECREATION DEPARTMENT THROUGH THE YEAR 2000; AND PROVIDING AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered an ordinance approving settlement of the claim of Jonathan T. Hodges. The following ordinance was considered: NO. 97-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF JONATHAN T. HODGES IN ANAMOUNT NOT EXCEEDING $30,000; AUTHORIZING THE CITY MANAGER TO ACT.ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE OF ALL CLAIMS APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously with Council Member Durrance abstaining as he was not familiar with the material. 24. The Council considered a resolution adopting a policy setting guidelines regarding the naming of parks and facilities. (The Parks and Recreation Board recommended approval.) Ed Hodney, Director of Parks and Recreation, stated that staff was seeking approval of a new policy for naming parks and facilities and parts of parks and facilities. This new policy replaced an existing policy which had been used for some time but never formally adopted. In February of 1996 the Council approved the naming of a room in the Martin Luther King, Jr. Recreation Center. At the time Council noted that the current policy did not address the naming of a part of a facility or the part of a park. It only addressed entire parks or entire buildings. Council asked staff to City of Denton City Council Minutes January 21, 1997 ~¥~ ...... i- '' Page 15 317 review the policy to incorporate that possibility. During an examination of the policy other problems were found such as how to rename a facility and the possibility to sign or mark a piece of a facility that was given. The Park Board would receive requests, make a recommendation through committee action and staff would bring that forward to Council for consideration. Mayor Pro Tem Brock stated that the new policy stated that "upon approval, the recommended name would be forwarded to the City Council for 'their consideration". She assumed that that meant consideration and final decision. Nodney replied correct and that was the way that the policy had been working. Mayor Pro Tem Brock suggested including the words "and final decision" in that section. Council Member Biles stated that one item set a criteria for dollar values as well as a percentage as it comprised a part of the whole. The policy did not seen to allow for the process of citizens purchasing parts of facilities or parks such as a project similar to the brick pavers in the Downtown area. Ne suggested adding that to the policy. Hodney stated that there was an intention was to allow for that kind of project and to encourage as much participation as possible. Council Member Cott suggested a long period of time for a name change perhaps as much as six months before that change was made. Nodney stated that the Council could change the policy to whatever they desired. In looking at various policies around the metroplex, the period of time was no longer than 60 days and the proposal compromised with 45 days. Mayor Miller stated that there was a provision to involve the community which would take care of that. The following resolution was considered: NO. R97-003 A RESOLUTION ADOPTING A POLICY THE NAMING OF PARKS AND PARK EFFECTIVE DATE. SETTING GUIDELINES REGARDING FACILITIES; AND PROVIDING AN Biles motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 318 City of Denton city Council Minutes January 21, 1997 Page 16 25. The Council considered an appointment of two City Council members to a Management Study Selection Panel. Bob Nelson, Executive Director for Utilities, stated that on January 14th the City received five proposals by qualified management firms to do the management study. The Public Utilities Board had selected one member of their board to be on a selection committee. The city Manager, Executive Director for Finance and he would be on that committee. Staff was asking for two Council Members to be on the committee. Mayor Pro Tem Brock stated that Council Members Beasley and Biles had indicated a willingness to serve on the committee. Cott motioned, Brock seconded to appoint Council Members Beasley and Biles to the selection committee. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 26. Nominations/appointments to Boards and Commissions. Mayor Pro Tem Brock had nominated Hank Dickenson to the Cable Television Advisory Board at a previous meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 27. Miscellaneous matters from the City Manager. The city Manager did not have any items for the Council. 28. There was no official action taken on Executive Session items. 29. New Business The following items on New Business were suggested by Council Members for future agendas: A. Council Member Biles asked for a special call meeting accepting the resignations of the Board of Directors of the EDC. B. Council Member Biles asked for an ordinance dissolving the EDC and an ordinance assigning the EDC's contract for marketing with the Chamber to be assumed by the City. C. Council Member Young asked that staff work with Dr. Kazura regarding flooding on his property. 30. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:45 p.m. City of Denton City Council Minutes January 21, 1997 Page 17 319 JE~rFER~WALTERS C~Y SECRETARY CITY OF DENTON, TEXAS ~XAS ACC0035F