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Minutes March 18, 1997395 CITY OF DENTON CITY COUNCIL MINUTES March 18, 1997 The Council convened into a Closed Meeting on Tuesday, March 18, 1997 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, Durrance, and Young. ABSENT: None 1. The following items were considered in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, March 18, 1997 at 7:00 p.m. in the Council Chambers. 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. Mayor Miller presented a proclamation for National Community Development Week. CITIZEN REPORTS 2. Glenn Goode regarding a water line from the Upper Trinity Regional Water District to his property and possible deannexation. Mr. Goode was not present at the meeting. 3. Mickey George regarding clarification of city Council Members responsibilities and obligations to citizens. Mr. George stated that he would like a clarification of the responsibility of the city of Denton. He had checked with the city Charter for responsibility to the citizens but it did not address the issue. He assumed that the responsibilities of the Council were to the citizens. He represented individuals who had signed a petition dealing with the late hours closing. They opposed a decision made by council regarding that late closing. As citizens, they organized a campaign to have a petition signed. After they had almost 700 signatures, he found out that there was a problem with the petition and that it would not be a legal petition when submitted. He had requested a meeting with the City Attorney in 396 City of Denton City Council Minutes March 18, 1997 Page 2 order to discuss any problems which they had with the petition. He found out that the City Attorney was the Council's attorney and not the citizens attorney. He needed guidance for the petition to present it to the Council and one that would be within the guidelines of the Charter. 4. Joe Naderi regarding a possible suspension of his taxi cab license. Monica Belew stated that she was representing the Denton City Taxi Service. A decision had been made by the Police Department to give them a ten day suspension of cab service. The Denton City Taxi Service had been serving the City of Denton since 1990 but over the past month the previous management of the company had had some problems with paper work not being in order and an accident by a temporary driver. The company was opposed to the decision and asked the Council to vote against the suspension of the service. The Company was now in compliance with all City codes. Denton City Taxi was now under new management and accepted full responsibility for past problems. They would pay any fines for infractions. The public depended very much on their services. The company wanted to work closely with the City of Denton and with the police department to provide safe dependable service. She asked for a swift decision as the beginning of the suspension started on the next day. Denton City Taxi Service would like to avoid any interruption of service. Mayor Miller stated that the Council could not act on a citizen report but rather it was to receive information. The issue could be referred to staff but Council could not act on it at this meeting. Belew stated that this was the first chance the Company had to address the Council regarding the issue. City Attorney Prouty stated that the taxi cab ordinance indicated an appeal process but nothing in writing had been received that the company wanted to appeal the suspension. The Texas Open Meetings Act required any Council action to be posted 72 hours in advance of the meeting. There was no action item on this issue posted for this agenda. At the end of the meeting there was an item whereby Council Members could request items for future agendas. There was no legal way to take action on this request at this meeting. Belew asked if a temporary injunction could be placed on the suspension in order to make an appeal. City Attorney Prouty stated that the Council could not take action at this meeting. Mike Jez, Executive Director of Operations, stated that a due process hearing was held in his office. The permit holder and two city of Denton City Council Minutes March 18, 1997 Page 3 397 representatives appeared at that hearing at which time no circumstances were offered for the violations presented. A letter was delivered to the permittee explaining the suspension, notifying them that they had an appeal right before the Council and giving them a copy of the ordinance. The suspension was delayed to give them time to apply for a hearing before the Council. This company had a history of violations since 1992 with a previous suspension. His decision would stand short of an appeal before the Council. Council Member Young stated that he had looked at this petition and many of the people on the petition were in his district. He would ask the City Manager to place this item on the next agenda. 5. Chris Coil regarding questions concerning construction of a road off of Woodrow Lane to the isotope development site. Mr. Coil stated that the last time he spoke before the Council, he spoke at a special meeting the Council was having to deal with the decision of using the public's tax money to build a road for a private corporation. He argued at that time against that practice as it was bad public policy and was not proper use of the public's tax dollars. He asked for an environmental impact study which was not done. He asked Council how they got to the meeting this evening. They had to drive on public roads which were in very poor condition. The Council had decided to spend tax dollars on a private road rather than on public roads. He had spoken to many individuals and they were angry about spending money for corporate welfare. He also questioned the 50% tax break given on utilities to new corporations in the City. He did some checking into the corporation which would be coming to the City. He asked who owned the property on which the business would be built. He asked for the Board of Directors of the company and could not receive an answer. He thought he could incorporate himself and receive a tax break with a private road to his property plus a 50% break on his utilities. 6. Eric Posa regarding questions concerning construction of a road off of Woodrow Lane to the isotope development site. Mr. Posa stated that the previous speaker brought up concerns about a private road which would provide access to a facility by International Isotopes, Inc. There were numerous environmental problems with this proposal. He had concerns about the fact that a radioisotope facility would be built within the City of Denton. No environmental impact study had been completed. The Food and Drug Administration had no records for this company. He was concerned about the site where the facility and road would be built. There was evidence to suggest that the site and road was the site of the old Denton City dump in the 1920's. He had visited the site several hours ago and found a clearly visible layer of old trash two to three feet under the ground. During the time the dump 398 City of Denton City Council Minutes March 18, 1997 Page 4 was in operation there were less regulations on what could be buried. There was a large amount of old rusted metal which was seeping into the creek. This raised an environmental concern if someone were going to build in this area. It was questionable what might be found there. There were two sink holes in the area. One was found around a manhole and another 8 feet deep and 30 feet wide. He asked the Council to do an environmental impact study for the facility and the road so that the citizens of Denton could be made aware of the effects the construction would have in this area. 7. Jerry Drake regarding questions concerning construction of a road off of Woodrow Lane to the isotope development site. Mr. Drake stated that he had three concerns regarding the construction of the road. He was concerned about the deliberate attempt to misrepresent the true facts in this case. His first concern dealt with the roadway. On December 19th of last year, the construction of a roadway was proposed by Tom Fouts before the Economic Development Corporation. At that meeting, the plan indicated that the road would provide a connection between Loop 288 and Woodrow Lane. On January 13th and February 10th the Denton Record-Chronicle, providing specifics on the deal, reported that the road would connect Woodrow Lane and Loop 288 and would be 3,232 feet long. The City ordinance approved by the City Council on February llth provided for the construction of a 3,232 foot road but that road would not connect Woodrow Lane and Loop 288 as the distance between those two highways was 6,600 feet. This road was not a link between Woodrow Lane and Loop 288 but a parkway for the sole use of International Isotopes and the other members of the North Texas Research Center. A second concern dealt with the City's misrepresentation on the planning involved with the construction of this road. It had been stated that this was a road that the City planned to build. Linda Ratliff informed Council that the road project was not in the CIP plan but was on the long range thoroughfare plan. This was not true. This was a free road to increase the value of this property at taxpayers expense. This was not a project which the City was planning to do. §. Chu~k Norton regarding ques%ions concerning construction of a road off of Woodrow Lane to the isotope development site. Mr. Norton stated that he had studied two recent elections in the City. One was an exercise of political power at the TI site. That election created County Development District Number 1. To hold this ~ion th~ City arranged to have a City Attorney live there for 30 days to establish residency and then he was the election judge. The purpose of this election was to facilitate the move of Dell Computer to Denton. The Council had a strange philosophy of government and response representation. It appeared that a corporate interest had much more clout than the citizens. The City of Denton City Council Minutes March 18, 1997 Page 5 399 second election was the one in January in which the citizens rejected the proposed sales tax increase. He felt that the mandate of the people was that they did not want to be taxed to fund the Economic Development Corporation and did not want the continued existence of the Corporation. Council did not understand that message from the citizens. This proposal was an example of corporate welfare. The Council was more interested in pleasing a corporate interest than in heeding the will of the citizens. He encouraged the Council to be as open as possible about what was going on. Council Member Beasley stated that this topic was fully discussed at an open meeting as were the benefits of the road. The road did not go all the way through to Loop 288 but it was on the thoroughfare plan and eventually would go through to Loop 288. It was not a private road. It would be a road within the City of Denton. If the property was developed and if the City built the road, the company would dedicate the right-of-way for the road. The memorandum of understanding was with a realty company which was proposing that this company would build a plant in Denton. If the company did not build, there would be no road. The City had to have assurances that the company would build in the city. A building permit would have to be issued before the City started any road work. There were three conditions which the company had to meet in three years. They had to have built two buildings, one worth four million dollars and the other worth $750,000. They had to have personal property value of $7.5 million and an employment with a payroll of $4 million. If these conditions were not met, a lien would be placed on the property or escrow money would be set aside for the recovery of the cost of the road. If the company met those three conditions in three years, the City would have recovered the cost of the road through taxes. There would not be any new taxes going to economic development. This was being done with money which was already received in the City. This was a win- win situation for the City. People associated with the company worked with UNT as did their research company. This was not a fly by night company coming into the City. The benefits to the City were high quality jobs. The people against the sales tax election were not in opposition to economic development. Mayor Pro Tem Brock wanted to remind the people that the Council was not the enemy. They were citizens and neighbors of the City. They volunteered many hours for the City and were not the enemies but rather provided service to the community. One job they had as elected officials was how to pay the bills. They were aware of the conditions of the streets. Where did the money for these improvements come from. That money partly came from ad valorem taxes. When property values went up, the amount of taxes collected went up. The Council was looking for quality development that would provide good jobs for the citizens and that would tie in with programs which already existed at the universities. A reference 4OO City of Denton City Council Minutes March 18, 1997 Page 6 had been made regarding a 50% reduction in utilities. Actually it cost less to provide a kilowatt hour of electricity to a large user than to small user. If larger users could be encouraged to come to Denton, the rates for residential customers would be lower. It was true that the Thoroughfare Plan showed the connection with Morris Street. She was one of the first Council Members to point out some problems with that as Morris Street stubbed into a railroad track. It would not tie in anywhere. She urged staff before this case came up to move the alignment to Shady Oaks which made a smoother movement and made more sense. That would also preserve a valuable residential portion of the community. The Council was not in the pay of anyone and was not in league with anyone against the citizens. Council Member Young stated that the people indicated that they were in favor of economic development without raising taxes. Within the framework of the economic development department, there was money for these types of projects and in the long run, the road would benefit the entire area. The Environmental Protection Agency declared the area safe. The people indicated no new taxes for economic development. This was a way to do that without increasing taxes. In the long run, the road would pay for itself. This was not a private road but a City road owned by the citizens. This was a win-win situation for the City. In the long run this company and others in the area would pay for the road. This was not corporate welfare but a tax like the half cent sales tax was corporate welfare. This was economic development at its best. Council Member Cott stated that the City was not operating in a vacuum when operating for economic development. Council Member Durrance stated that he had taken time to speak to people who had run the effective campaign against the sales tax. This issue had also been discussed at public meetings. In discussions it was made clear that the Council was in favor of economic development and that economic development should not be in the hands of a private body or authority. Rather it should be the responsibility of the elected officials. This was not a free ride for anyone and would not continue to be. The licensing of this facility wa~ controlled by federal au%hori%ies. The nego%iatlons were on-going and were published in an open agenda available for the public. The discussions were held in open meetings and done in a public basis. This was one of the first agreements that he had seen which would require that the company make obligations with regard to having a road out there. The power requirements of this ~ompany would help and aid in reducing kilowatt hours across the board. By promoting these types of projects the City was providing areas for further development in the city. He encouraged the people who spoke to the Council to stay in touch with the Council and become more versed with items on Council. This continued to be a win-win situation for the City and was an on-going process. City of Denton City Council Minutes March 18, 1997 Page 7 401 Mayor Miller stated that a question of safety had been raised. This type of operation was very safe. It would be regulated under the strict control of the federal government. His son worked at least ten years dealing with low level isotopes in California. This might not be only one plant but many. This company would have very strict rules in terms of safety in the community. It was unfair to leave an impression that this company would be an unsafe facility. CONSENT AGENDA Council Member Cott stated that he would like to discuss Items #16, 17,and 19. Council Member Cott stated that an order was being given to an architectural firm with no parameters in regards to the Civic Center Complex. He recommended that the order be tied in with the general fund at the time it was going to be built. It needed to be time phased during the project. Mayor Miller stated that this was not for the civic Center. It was for the entire area master plan for the complex. Mayor Pro Tem Brock stated that this would be an architectural drawing for the Council to consider for the future. The plan would be looked at each year during the budget cycle and if the money was available, parts of the plan would be implemented. It would be an orderly development of the area. Council Member Cott stated that this would not increase taxes during those years just for that. Mayor Pro Tem Brock did not anticipate rasing taxes for the plan but she could not speak for future councils. Mayor Miller asked if Council Member Cott wanted to pull the item for separate consideration. Council Member Cott replied correct. In regards to Item #17, he asked if the green belt project was running out of money. Bob Nelson, Executive Director for Utilities, stated that this item was the annual maintenance on Lake Ray Roberts. Part of the Lake Ray Roberts contract with the Corps of Engineers indicated a percentage of responsibility of operation maintenance on the dam. The City had a similar contract dealing with Lake Lewisville. Council Member Cott stated that in regard to Item ~19, he first thought that the City was going to start a mutual aid agreement with both Alliance Airport and the race track. He now understood the terms of this agreement° 4O2 City of Denton City Council Minutes March 18, 1997 Page 8 Biles motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances except for Item #16. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Beasley motioned, Brock seconded to approve Item #16. Cott motioned, Young seconded that he would like to amend that motion that this Council send to the Council which would first break ground, a feeling that this Council would like to not raise taxes just for this project° Council Member Beasley that she did not feel that this Council could bind a future Council and each Council should make its own decision. If the letter was not binding, what effect would it have. She wanted to point out that this was a master plan for the whole Civic Center Park. It was a plan on how to develop that land that would be the most beneficial to the City as park land and to make sure it was more usable for all citizens. This did not include any money to be spent for improvements but rather was for a plan for the use of the area. Council Member Biles stated that this ordinance was not to construct anything but was to hire a firm to give a blueprint on how to plan the area for the future. Mayor Pro Tem Brock stated that the firm for the contract was based on O'Neil Ford. It was appropriate that this firm make the initial sketches and build on the plan for the Civic Center. Council Member Durrance stated that one of the unique factors of Denton was the use of the city's parks and in the heart of the City was this complex. The Council should do what it could to encourage, protect and preserve that personality aspect of the City. He did not feel the Council should isolate any one factor which would affect the budget process for a future Council. Any one particular budget item would not be more important than another. Council Member Young stated that he agreed with the motion because $100,000 for a bridge was excessive and was throwing away money. The money for the consultant was too much. He was in favor of sending a message to future Councils to not raise taxes. Mayor Miller ~tated that he assumed he meant fo~ d~ainage issues or any other kinds of items needed for the City. Council Member Young stated that it should be done without raising taxes. Spending could be cut by having a freeze on new hires and give the employees a three percent raise. 403 City of Denton city Council Minutes March 18, 1997 Page 9 Council Member Beasley called the question. On roll vote on the amendment, Beasley "nay", Brock "nay", Cott "aye", Durrance "nay", Young "aye", Biles "nay" and Mayor Miller "nay". Motion failed with a 2-5 vote. On roll vote on the original motion to approve the item, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 9. NO 97-071 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2001 - Tractor, Loader, Backhoe -Item 1 and iA) 10. NO. 97-072 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2002 - Cable Splicing Trailer) 11. NO. 97-073 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2006 - Pagers and Paging Service) 12. NO. 97-074 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2007 - Truck Bed and Bodies) 13. NO. 97-075 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2018 - Annual Price Agreement for Water Meters) 404 City of Denton City Council Minutes March 18, 1997 Page 10 14. NO. 97-076 15. 16. 18. 19. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2020 - Refuse Truck) NO. 97-077 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2021 - Evers Park Restroom Concession Building) NO. 97-078 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FORD, POWELL, AND CARSON, INC. FOR THE CIVIC CENTER COMPLEX MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Proposal #2022 - Civic Center Complex Master Plan) NO. 97-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION EXPENSES OF LAKE RAY ROBERTS BY THE CITY TO THE DEPARTMENT OF ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. (Check Requisition - Department of Army Corps of Engineers) NO. 97-080 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF LAKE DALLAS RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. NO. 97-081 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON BEHALF OF THE CITY OF DENTON WITH THE CITY OF FORT WORTH RELATING TO SERVICES EACH CITY M3~Y PROVIDE THE OTHER DURING TEXAS MOTOR ~FEEDWAY EVENTS~ AND PROVIDING AN EFFECTIVE DATE. 405 City of Denton City Council Minutes March 18, 1997 Page 11 20. NOo 97-082 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL SERVICES BETWEEN THE CITY OF DENTON AND FANNING AND ASSOCIATES TO ASSIST THE CITY IN ESTABLISHING REASONABLE VALUES FOR THE ACQUISITION OF RIGHT-OF-WAY FOR U.S. HIGHWAY 77 WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 21. 97-083 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTONAND D.L. SARGENT, JR. DBA SARGENT APPRAISAL COMPANY FOR APPRAISAL REVIEW SERVICES RELATING TO RIGHT-OF-WAY ACQUISITIONS ALONG U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE° ITEMS FOR INDIVIDUAL CONSIDERATION 22. The Council considered adoption of an ordinance relinquishing an area located east of the Elm Fork of the Trinity River and south of FM 455 from the extraterritorial jurisdiction of the city of Denton; and establishing an easterly extraterritorial jurisdiction boundary line. Rick Svehla, Deputy City Manager, stated that Council had discussed this item at several work sessions. Staff had visited with all of cities which were affected and they were in agreement with the lines. The City was using the most easterly of either Corps property or conservation easements acquired by the Corps to facilitate the green belt development. Council Member Durrance stated that these lines had not changed from the last discussion. Svehla replied that the line had been moved slightly easterly in some areas where the conservation easement was further east than the actual boundary of the Corps land. They had visited with the cities involved and they were in agreement. The following ordinance was considered: NO. 97-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN AREA LOCATED EAST OF THE ELM FORK OF THE TRINITY RIVER AND SOUTH OF FM 455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON; ESTABLISHING AN EASTERLY EXTRATERRITORIAL 406 City of Denton City Council Minutes March 18, 1997 Page 12 JURISDICTION BOUNDARY LINE AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered an ordinance partially vacating a certain drainage easement recorded in the Plat Records of Denton County, Texas at Cabinet L, Page 58, as it pertains to Lot 4, Block A of the Northwood Estates Limited Subdivision. (The Planning and Zoning Commission recommended approval 5-0.) Rick Svehla, Deputy City Manager, stated that this home was built across the City easement. Staff determined that it was possible to relinquish this small piece of the easement to facilitate the sale of the property for the owner. The following ordinance was considered: NO. 97-085 AN ORDINANCE PARTIALLY VACATING CERTAIN DRAINAGE EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET 1, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES LIMITED SUBDIVISION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Richard A. Baria and Jo An Baria, for the purchase of approximately 1.562 acre tract of land known as 1301 Myrtle, Denton, Denton County, Texas for future expansion of the City of Denton's Electric Locust Substation. (The Planning and Zoning Commission recommended approval 4-0.) Bob Nelson, Executive Director for Utilities, stated that one of the City's substations was located south of this property. There had been substantial growth in this area and another transformer would need to be added in the next few years. This property would allow an extension of the substation in the area. The following ordinance was considered: · . [ City of Denton City Council Minutes March 18, 1997 Page 13 407 NO. 97-086 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RICHARD A. BARIAAND JO AN BARIA, FOR THE PURCHASE OF APPROXIMATELY 1,562 ACRE TRACT OF LAND KNOWN AS 1301 MYRTLE, DENTON, DENTON, COUNTY, TEXAS FOR FUTURE EXPANSION OF THE CITY OF DENTON ELECTRIC LOCUST SUBSTATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Council Member Biles stated that he was very aware of the building on the property for its historic value and the need for its preservation. Biles motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance amending Section 4-31 of the Code of ordinances for the purpose of revising the duration of an alarm permit. Mike Jez, Executive Director of Operations, stated that the current alarm ordinance required the permits to be renewed annually. This proposed ordinance would modify that so that once a permit was issued, it would be good for an indefinite period of time until revoked or no longer needed. This would save approximately $900 per year in costs associated with annual issuance of the permits. The information would be updated annually but would not require a new permit. The following ordinance was considered: NO. 97-087 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 4- 31 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS FOR THE PURPOSE OF REVISING THE DURATION OF AN ALARM PERMIT; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 26. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement (for daily services) with Resource Management International ("RMI") providing for consulting services related to electric restructuring. (Public Utilities Board recommended approval.) 408 City of Denton City Council Minutes March 18, 1997 Page 14 Sharon Mays, Director of Electric Utilities, stated that this ordinance would provide the City the option to use this firm for issues that might come up requiring a quick and immediate response. The following ordinance was considered: NO. 97-088 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (FOR DAILY SERVICES) WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI") PROVIDING FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered adoption of an ordinance authorizing the City Manager to execute a second amendment to the professional services agreement with Resource Management International ("RMI") relating to the provision of assistance to the City in developing and communicating the City's position on electric restructuring issues to the Texas Legislature and to the Public Utilities Commission of Texas. (The Public Utilities Board recommends approval.) Sharon Mays, Director of Electric Utilities, stated that this was a specific issue which related to the PUC and deregulation. Transmission cost issues were not completely settled and were now in the lawsuit phase ready to open new dockets. This ordinance would authorize the use of RMI for support. The following ordinance was considered: NO. 97-088 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI") RELATING TO THE PROVISION OF ASSISTANCE TO THE CITY IN DEVELOPING AND COMMUNICATING THE CITY'S POSITION ON ELECTRIC RESTRUCTURING ISSUES TO THE TEXAS LEGISLATURE AND TO THE PUBLIC UTILITIES COMMISSION OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton city Council Minutes March 18, 1997 Page 15 Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", C~tt "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 28. The Council considered approval of a resolution authorizing the City Manager to negotiate with the Cit~ of Dallas to resolve the lease agreements with Texas Parks and Wildlife Department for the operation of Lake Ray Roberts and the Greenbelt. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director of Utilities, stated that Denton was participating with Dallas on Lake Ray Roberts. Part of that responsibility was the recreation program and one element of the recreation program was the greenbelt. Originally it was intended that the greenbelt would be funded with the revenues from the parks. The State of Texas Parks Department operated those parks and wanted additional funds to operate the greenbelt. This resolution would allow the City to work with the City of Dallas to begin negotiating with the State to secure that funding. Before any action would take place, the proposal would be considered by the Council. The following resolution was considered: NO. R97-010 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE CITY OF DALLAS TO RESOLVE THE LEASE AGREEMENTS WITH TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE OPERATION OF LAKE RAY ROBERTS AND THE GREENBELT; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. Council member Beasley indicated that the greenbelt was not in the current contract. Nelson replied correct that the greenbelt was not totally completed at the time an agreement for recreational facilities had to be done. The estimated cost to run the park was $250-300,000 with Denton's share being $65-70,000 of that. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 29. The council considered approval of a resolution approving the amended fiscal year 1997 financial plan of the DENCO Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended. Mike Pedigo, Denco Area 9-1-1, stated that this was first time the organization had come for an amendment to the budget. Their legislation required that any amendment or revision to the approved 410 City of Denton City Council Minutes March 18, 1997 Page 16 budget had to follow the same procedure as the original budget. Due to circumstances which were unforeseen in the budget projections, it was necessary to amend the budget. One cause was that revenue projections had a programming error by about $300,000 and the expenditures for the new office were larger than planned. Council Member Young asked what was the projected budget this year. Pedigo replied that the amended anticipated revenues were $1.895 million including revenues from debt. The following resolution was considered: NO. R97-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE AMENDED FISCAL YEAR. 1997 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley 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. 30. A resolution authorizing the City Manager to execute a memorandum of understanding by and between the cities of Denton, Garland, and Greenville, Texas for the creation of a sub-control area for operational control and economic dispatch relating to the efficient delivery of power and energy to the three participant cities. (The Public Utilities Board recommended approval.) Sharon Mays, Director of Electric Utilities, stated that as a result of deregulation, the five entities which formed the Texas Municipal Power Pool, found it appropriate to separate into two groups. The cities of Denton, Garland and Greenville formed a subcontrol area operated by the city of Garland. Resources were operated jointly which was a better use of resources. This memorandum of understanding was the first step in formalizing the operation. It had already been approved by Greenville and Garland. The following resolution was considered: NO. R97-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITIES OF DENTON, GARLANDAND GREENVILLE, TEXAS FOR THE CREATION OF A SUB-CONTROL AREA FOR OPERATIONAL CONTROL AND ECONOMIC DISPATCH RELATING TO THE City of Denton city Council Minutes March 18, 1997 Page 17 EFFICIENT DELIVERY OF POWER AND ENERGY TO THE THREE PARTICIPATING CITIES; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 31. The Council considered a resolution supporting the Partners In Mobility Policy Position on Federal Legislative Issues for the 105th Congress. Rick Svehla, Deputy city Manager, stated that the Partners in Mobility had a trip scheduled to the Highway Commission on the 27th of this month to deliver these strategic programs. The RTC, along with the other Partners in Mobility, was trying to impress on federal and state legislators the importance of freeing highway trust funds and using federal level money at the state level. The following resolution was considered: NO. R97-013 A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON FEDERAL LEGISLATIVE ISSUES FOR THE 105TH CONGRESS; AND PROVIDING AN EFFECTIVE DATE. Young 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. 32. The Council considered approval of a resolution supporting the Partners In Mobility Policy Position on State Legislative Issues for the 75th Texas Legislative Session. The following resolution was considered: NO. R97-014 A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON STATE LEGISLATIVE ISSUES FOR THE 75TH SESSION OF THE TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Beasley 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. 33. Miscellaneous matters from the City Manager. 412 City of Denton City Council Minutes March 18, 1997 Page 18 Ted Benavides thanked the Council for the resources to deal with the deregulation issue on the State and Federal level. 34. There was no Closed Meeting at this Council meeting. 35. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested staff look possibility of including Fry Street in the Central District. into the Business B. Council Member Young asked that the Denton City Taxi appeal be placed on the next agenda. 36. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 8:50 p.m. CI~ OF DENTON, TEXAS CI~%~ SECRETARY CITY OF DENTON, TEXAS ACC00376