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Minutes April 15, 1997449 The Council convened into a Special Called Meeting on Tuesday, April 15, 1997 at 11:00 a.m. in the Council Chambers of city Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Durrance, and Young. ABSENT: Council Member Cott 1. The Council received and opened bids regarding city of Denton General Obligation Bonds, Series 1997. Kathy DuBose, Executive Director for Finance, stated that the sealed bids were ready to be opened. Representatives from First Southwest and McCall, Parkhurst and Horton were present for the bid opening. David Medanich, First Southwest Company, stated that Standard and Poor had made a statement in a report which indicated that further positive trends by the city could lead to an upgrade. That statement indicated that the bond rating company felt that the City was headed in the right direction. The following was the list of firms making bids and the effective interest rate associated with the bids: Nike Securities - 5.5549 Nations Bank - 5.58 Southwest Securities - 5.556 The Principal 5.604 Rauscher Pierce Refsnes - 5.5697 Coastal Securities - 5.5665 First Tennessee Bank - 5.548 First Southwest Company - 5.557 A. G. Edwards - 5.5931 Deane Witter Reynolds - 5.5948 Medanich stated that all the bids had municipal bond insurance which made them Triple A on the market place. There was a good representation of the market. He would be reviewing the bids for accuracy. It appeared that one more bid came in on the fax machine which was from Dane Bosworth at 5.55%. After a short recess, Medanich stated that he had checked all the bids for accuracy and that the bid would be awarded to First Tennessee. They were pleased with the number and rates of the bids received. 2. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton General Obligation Bonds, Series 1997, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. Mayor Miller asked to review the projects which would be funded by this bond issue. 45O City of Denton City Council Minutes April 15, 1997 Page 2 Kathy DuBose, Executive Director of Finance, stated that there were several projects which were approved in the 1995 bond election with a five year plan. This increment of that bond election was $4.7 million. The projects included drainage projects at Avenue G, Good Samaritan Village, Carroll/Crescent culvert and miscellaneous drainage capital improvements. Projects for parks and recreation included upgrading existing park space, athletic facilities renovation and development. Various street projects were also included. The following ordinance was considered: NO. 97-105 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1997, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDINGAN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. With no further business, meeting adjourned at 11:25 a.m. The Council convened into a Closed Meeting on Tuesday, April 15, 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, Durrance, and Young. ABSENT: Council Member Cott The Council discussed the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed and considered settlement of litigation styled Yapit v. City of Denton. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 c. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday, April 15, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Durrance, and Young. ABSENT: Council Member Cott city of Denton City Council Minutes April 15, 1997 · Page 3 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. And Texas flags. 2. The Council considered approval of the minutes of February 4, February 11, and February 18, 1997. Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Durranoe "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 3. The Council received a presentation of the Tree City U.S.A. Award and the Growth Award from the National Arbor Day Foundation. Larry Schaapveld, Texas Parks Service, presented the two awards to the Council. Mayor Miller presented the following proclamations: National Credit Education Week National Library Week 4. The Council considered an exception to the noise ordinance for the American Cancer Society's Relay for Life from 7:00 p.m., April 18, 1997 until 7:00 a.m., April 19, 1997 at Fouts Field. Veronica Rolen, Administrative Assistant, stated that the Relay for Life Committee of the American Cancer Society had requested this noise exception. This was a similar event to one which was held in 1995 with no problems reported related to the noise exception. Young motioned, Brock seconded to approve the noise exception. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTS 5. The Council heard a citizen report from Michael Berry regarding raw sewage standing in residential street. Mr. Berry was not present at the meeting. 6. The Council heard a citizen report from Brandy Bracken regarding septic, water, and road problems on Carpenter Road. Ms. Bracken stated that they had had a problem receiving a loan to purchase their home from their landowner. ~hey were not aD.roved for a loan as they did not have city sewer and water. The landlord could not sell the home due to the fact that city water and sewer were not to the property. The City would not help them receive city sewer and water. They were a part of Denton as they were in 451 452 City of Denton City Council Minutes April 15, 1997 Page 4 the city limits. They paid city taxes but did not receive city services. There were 12 homes in the neighborhood with this same situation. They did not have the funds to install city sewer and water by themselves. She requested that the Council come out to their neighborhood and see what problems they were experiencing. The lack of services were effecting their homes and probably the school. She had signatures from the area homeowners requesting water and sewer service. Council Member Young asked if she started having problems after Ryan High School was built. Bracken replied that she was not sure. She was representing what her parents did before. Mayor Miller stated that city taxes were not used for electric services, water/wastewater or solid waste services. City taxes were used for services such as fire, police, streets, etc. This issue had been before Council a number of times. Policies were in effect and Council did explore how to have water and sewer to the area. The value of homes was often related to whether or not that property had city sewer and water. He suggested Ms. Bracken meet with city staff to determine the cost of having the water and sewer extended to that area. Bracken stated that they had discussed that. They did not have the funds for the services. She asked if there were there other funds available to help them. Mayor Miller stated that this was a situation where there were no funds just waiting to be used for these services. Bracken asked what they could do in order to be able to get their loan. Council Member Young stated that the City Manager had indicated that certain people might be able to receive money from CDBG funds. Mayor Miller stated that that was a long term solution and not a short term solution. Chris Bracken stated that this issue was about the HUD program. They had been approved for the loan to purchase the home but the property was not approved for the loan. The only problem was the septic system and not having city water. Mayor Miller suggested looking into block grant funds for city wide services. Council Member Young stated that if this was considered a safety issue, the City could do something. He questioned if this would be considered a safety issue. City of Denton City Council Minutes April 15, 1997 Page 5 Mayor Miller stated that he was not sure. Staff needed to work with these residents to look at all issues. Mr. Bracken stated that nothing had been done with Carpenter Road and that it needed to be paved. 7. Dessie Goodson regarding City matters. Ms. Goodson stated that the City was still harassing her. In February and March she sent an open records request opinion to the Attorney General, the Governor, the city of Denton and to SPAN. One day after sending those, she received an arrest warrant. She was told that this was done through the computer. She had taken steps to stop the harassment by the City. All the city had to do was comply with the open records request. She did not owe the city any money. The City owed her more than she felt she owed. She had sent a letter to the City regarding what the city owed her. The City needed to fix streets and sidewalks instead of harassing her. Only Ms. Beasley spoke to her when the Council Members saw her. She told the Council to arrest her at this meeting if they were going to arrest her. She wanted the city to stop sending police down her street. PUBLIC HEARINGS 8. The Council held a public hearing and considered adoption of an ordinance to rezone 20.017 acres from the Agricultural (A) zoning district to the Single Family 10 (SF-10) and Single Family 7 (SF-7) zoning districts. This tract was located on the north side of Ryan Road, approximately 100 feet east of La Mancha Drive. (Z97-005) (The Planning and Zoning Commission recommended approval 7-0.) Rick Svehla, Deputy City Manager, stated that the proposal was for SF-7 and SF-10 zoning. There had been a meeting with neighbors to discuss the proposal. There were 10 notices mailed with none returned in opposition. The Planning and Zoning Commission recommended approval. Council Member Young asked about lot sizes. Svehla replied that that would be decided when the site was platted. There was no requirement on house sizes. The Mayor opened the public hearing. Kent Key, developer of the property, stated that the SF-10 zoning would be next to the Montecito development. Zoning would be SF-10 down to SF-7 lots. The SF-7 lots were really larger than the SF-7 sizes. This meeting was just to address the zoning of this property. 453 454 City of Denton City Council Minutes April 15, 1997 Page 6 Council Member Beasley stated that the agenda back-up materials indicated that at the neighborhood meeting, the developers had agreed to have 11,000 square foot lots. Key stated all of the lots on the SF-10 were 11,000 square feet. SF-7 zoning would be on the first street but agreed with the neighborhood to lose one lot with larger lots in that area. Council Member Durrance stated that the in responses there was an agreement to drop off two lotso Key replied correct. to drop off one lot. off a second lot. At the first neighborhood meeting they agreed After the second meeting, they agreed to drop Council Member Young asked about installing streets. Key stated that the streets would be done per the city requirements. Mayor Miller asked about the size of the homes. Key stated that they would be approximately 2,200-3,000 square feet. Mayor Miller stated that even though it would be zoned SF-10, the developer had agreed that the homes on the west side would have 11~000 square foot lots. Key replied yes that the deal was to reduce one lot but that was not dependent on the size of the lots. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-106 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 10 (SF-10) AND SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 20.017 ACRE TRACT LOCATED ON THE NORTH SIDE OF RYAN ROAD, APPROXIMATELY ONE HUNDRED (100) FEET EAST OF LA MANCHA DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes April 15, 1997 Page 7 9. The Council held a public hearing and considered adoption of an ordinance rezoning 735.89 acres from Planned Development 126 to the Agricultural (A) zoning district. The subject property was located from 1,500 feet south of US 380 to 3,800 feet south of McKinney Street, approximately 6,000 feet east of Mayhill Road. (The Planning and Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that ten years ago zoning was made in this area which made this property very intensely used with a planned development zoning. That meant smaller lots with a denser population. The applicant in this case wanted to go in an opposite direction. He was requesting agricultural zoning which meant one acre minimum lot sizes. Staff had worked with the developer on the proposal and it felt was a good proposal in terms of downzoning. There would be no commercial uses on the tract. The proposal did not meet the site plan for the single family housing near the proposal due to the large nature of the lots. This would be a low intensity use for the property° The Planning and Zoning Commission recommended approval. 455 Mayor Miller asked if all four tracts were included. Svehla replied correct. He noted that the original proposal was for 732 acres. Since the hearing at the Planning and Zoning Commission with the final survey, the acreage would be 735.89 acres. The Mayor opened the public hearing. Rod Zielke, speaking for the owner, stated that he would answer any questions which the Council might have. Council Member Durrance stated that responses from area owners discussed the possibility of keeping the landscaping consistent with what was already there. Zielke stated that they were still working on those details. Council Member Young stated that there would be a five acre park with this proposal. zielke stated that they planned to dedicate park land but the details were not known at this point in time. Mayor Pro Tem Brock asked about the status of the road in the area. Zielke stated that an arterial would be planned in the area for a north/south access. Kay Wilkinson stated that she had lived in the area for many years and was in favor of the proposal with less density. A planned development would have provided much greater density. The City was obligated to do something with the arterial which would go through 456 City of Denton City Council Minutes April 15, 1997 Page 8 the property. At Highway 380, the developer did not own any connecting land to bring Lakeview Blvd. to Highway 380. The City would have to develop that piece of property. If the City did not work for the connection, there would be problems on Trinity Road due to limited access. Trinity Road would not be able to handle much more traffic. She asked staff and Council to do what was needed to gain access to the Lakeview Blvd. and to Highway 380. Svehla stated that part of the platting process would be to work with the owners of the property which the proposal did not own. The first emphasis would be to work with the other owners to gain access to that property. Kathy Ubanks stated that she lived in the County and had some questions regarding the proposal as it appeared that the first phase would be developed directly behind her. She asked if the City tree ordinance pertained to the extraterritorial jurisdiction as the section where she lived had not been formally zoned from the County to the City. Mayor Miller stated that it did not apply in the ETJ. Ubanks stated that part of the surrounding area was a native habitat. It appeared that most of the housing would be behind her farm. Her opposition was that the development would be done too quickly. She would prefer agriculture rather than planned development but felt that the property had not been looked at yet. This was one piece of a planned development and would be developed in phases. Mayor Miller stated that the property was currently zoned planned development. Ubanks asked if the area in the ETJ was also zoned. Mayor Miller stated no, that only the four tracts of land were being considered. Ubanks stated that this was one tract of planned development. Even though it was a small piece of the property, she wanted to be sure Council understood that the process was going too quickly. The neighbors did not have any input into how the property would be zoned. The last plat she had seen had 19 lots bordering her 40 acre farm which was certified organic. Mayor Miller stated that the density was going from many lots to a smaller number of lots. Council Member Biles stated that right now, with current zoning in place, there could be 17,000 people in the area. With the downzoning that would be reduced to only 1,000 people. City of Denton City Council Minutes April 15, 1997 Page 9 Ubanks stated that she wanted the Council to understand that this was one intact area of planned development and would impact many residents all along the area. 457 The petitioner was aliowed a five minute rebuttal. He had no additional comments at this time but would have more details when the property was platted. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-107 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 126 (PD-126) TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FROM 735.829 ACRES OF LAND LOCATED FROM 1,500 FEET SOUTH OF US 380 TO 3,800 FEET SOUTH OF MCKINNEY STREET, APPROXIMATELY 6,000 FEET EAST OF MAYHILL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. Council Member Durrance suggested that Ubanks and others stay in contact with the developer to work with the habitats in the area. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 10. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 83-110 (PD63) to reduce the required front yard setback from 25 feet to 24.3 feet for Lot 1, Block 2, of the Snider Addition Section 2. The subject property was located on the north side of US 377, west of windsor. (The Planning and zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that there were originally three requests submitted to the Planning and Zoning Commission. Two were not approved and staff had not been notified an appeal of that decision. Council was only reviewing the one which was approved by the Planning and Zoning Commission. The 20% rule did not apply with this proposal. There had been some discussion about where to appeal the other two proposals. The applicant would have to return to the Planning and zoning Commission and to Council as it was a planned development. Mayor Miller asked about the opposition. Was it against the other proposals or this proposal. 458 City of Denton city Council Minutes April 15, 1997 Page 10 Svehla stated that it was a combination of both this request and the other two which were denied. Council Member Beasley stated that the building was already there and was encroaching on the property line. Svehla replied correct. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 83-110 (PD-63) TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 25 FEET TO 24.3 FEET FOR LOT 1, BLOCK 2, OF THE SNIDER ADDITION SECTION 2; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. VARIANCES 11. The Council considered an exaction variance of Section 34-119 requiring water and sewer service for the IXC Subdivision. The subject property was in Division 1 of the ETJ on the north side of Milam Road, approximately 2,299 feet west of 1-35, and consisted of 0.327 acres. (The Planning and Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that he would address all the variances listed. The variances were requested because the building on the lot would not have any people in it. The building would be a communications building with equipment but no people. The applicant did not want to provide water and sewer to the building. The distances were quite long and the cost was very significant. The same request applied for the other variances as the~e would be no people in the building and the cost of the variances would be very great. Mayor Miller stated that Council could consider all three variances in one motion. City of Denton city Council Minutes April 15, 1997 Page 11 Council Member Beasley stated although there would never be a manned building on that site, could the use of the building change. Svehla stated that it could but that particular lot would be owned by the communications company. If someone wanted to build a home on the site, a well or septic tank would be needed. Again because of the distance, there probably would be a similar request for a variance. Brock motioned, Biles seconded to approve the three variances. On roll vote, Beasley "nay", Brock "aye", Durrance "aye"~ Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. 12. The Council considered an exaction variance of Section 34-116 (e) requiring adequate water capacity for fire protection for the IXC Subdivision. The subject property was in Division 1 of the ETJ on the north side of Milam Road, approximately 2,299 feet west of 1-35, and consisted of 0.327 acres. (The Planning and Zoning Commission recommended approval 6-0.) This item was considered with Item ~11. 13. The Council considered an exaction variance of Section 34-116 (c) requiring fire hydrants for the IXC Subdivision. The subject property was in Division 1 of the ETJ on the north side of Milam Road, approximately 2,299 feet west of 1-35, and consisted of 0.327 acres. (The Planning and Zoning Commission recommended approval 6- 0.) This item was considered with Item #11. CONSENT ~ENDA Biles motioned, Brock seconded to approve the Consent Agenda and the underlying ordinances. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 14. 15. 16. NO. 97-109 Tax refund to First State Bank for $602.47. Tax refund to Andrew Corporation for $2,326.28. 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 ~2026 - Oils and Lubricants) 459 460 City of Denton City Council Minutes April 15, 1997 Page 12 17. NO. 97-110 18. 19. 20. 21. 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 ~2028 - Irrigation supplies/South Lakes Park) NO. 97-111 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2009 - Laurelwood 8" waterline) NO. 97-112 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Lease Agreement #2045 - IBM) NO. 97-113 AN ORDINANCE OF THE CITY OF DENTON AMENDING ORDINANCE NO. 97- 052 BY CHANGING THE RATE, TYPE OF SERVICE AND PAYMENT PROVISIONS ON RATE SCHEDULE CWM IN CONNECTION WITH THE SALE OF COMPOST AND WOOD MULCH BY THE WATER RECLAMATION DIVISION OF THE WASTEWATER DEPARTMENT OF THE CITY OF DENTON TO THE GENERAL PUBLIC; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 97-114 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTERS 13 AND 14 OF THE CODE OF ORDINANCES TO REPLACE REFERENCES TO THE DIVISION OF ENVIRONMENTAL HEALTH SERVICES WITH THE DIVISION OF CONSUMER HEALTH; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 22. NO. 97-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR A SOLID WASTE PROJECT PERTAINING TO THE CONSTRUCTION OF A LANDFILL RECYCLING DROP-OFF FACILITY, BETWEEN THE CITY AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE TEXAS NATURAL R~OURC~ CONSERVATION COMMISSION THROUGH A SUBCONTRACT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY MANAGER TO EXPEND MATCHING FUNDS RELATED THERETO; AND PROVIDING FOR ANEFFECTIVE DATE. City of Denton City Council Minutes April 15, 1997 Page 13 FOR INDIVIDUAL CONSIDERATION 23. The Council considered adoption of an ordinance approving the creation of the Spring Hill Estates Water System within the City's ETJ in accordance with Section 34-119 of the Denton City Code and the terms and conditions of the attached agreement; authorizing the Mayor to execute an agreement between spring Hill Estates Water Company, Tryon Development Corporation and the City. Bob Nelson, Executive Director for Utilities, stated that Spring Hill Estates was developing an 82 lot subdivision at the intersection of Highway 380 and FM 156. That was within the city's ETJ and the City's rules and regulations allowed for the development of a water system of this type. In the agreement, the City had a CCN to serve in the area. The agreement would allow them to have dual certification and if the City's system was ever in that area, the City could serve the area. The developer had agreed to those terms and conditions. The following ordinance was considered: NO. 97-116 AN ORDINANCE APPROVING THE CREATION OF THE SPRING HILL ESTATES WATER SYSTEM WITHIN THE CITY'S ETJ IN ACCORDANCE WITH SECTION 34-119 OF THE DENTON CITY CODE AND THE TERMS AND CONDITIONS OF THE ATTACHED AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN SPRING HILL ESTATES WATER COMPANY, TRYON DEVELOPMENT CORPORATION AND THE CITY; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll voter Beasley "aye", Brock "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the State of Texas, acting through the Texas Department of Transportation for contribution of funds for the reconstruction of U. S. Highway 377 between Interstate Highway 35E and Collins Street. Rick Svehla, Deputy City Manager, stated that there was a companion project which were the overpasses at I35 and Fort Worth Drive. Those would be done as a separate project at no cost to the city. This was a prerequisite to get the project bid this summer. Council Member Young asked if the project would widen Fort Worth Drive from Collins Street to 1-35. ~ Svehla replied correct. Council Member Young asked about landscaping. 461 462 City of Denton City Council Minutes April 15, 1997 Page 14 Svehla stated that it would have medians similar to Teasley Lane. Most of the median would be hardscaped due to the fixed right-of- way. Council Member Young stated that there were initial concerns by the business owners along that area. Svehla stated that there were public hearings and visits to the area and staff had discussed many of those concerns with the business owners. The following ordinance was considered: NO. 97-117 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS FOR THE RECONSTRUCTION OF U.S. HIGHWAY 377 BETWEEN INTERSTATE HIGHWAY 35E AND COLLINS STREET; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. Council Member Durrance stated that this was a much needed project due to the traffic in the area especially during rush hours. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye"~ and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance authorizing the Mayor to execute the first amendment to an agreement between the City of Denton and SPAN, Inc., relating to public transportation in the City. Veronica Rolen, Administrative Assistant, stated that in July 1995 the City entered into an agreement with SPAN to provide transportation services for both fixed route and demand response in Denton. This amendment would change the billing procedures, the hours of operation and the number of routes. The major revision to this contract was the change in billing procedure. Currently SPAN submitted individual invoices for each expenditure each month. The proposal would establish a ~ixed hourly rate. The rate was developed based on the Texas Department of Transportation's full allocated cost formula. This hourly rate would have control costs and reduce the time for turn around payments. The rate had been reviewed by the City Attorney' s office, the Internal Auditor and the SPAN Board. Council Member Young asked for an update on the shelters for stops. Rolen stated that the routes had been revised in October and staff was currently reviewing ridership numbers to make sure the routes city of Denton city Council Minutes April 15, 1997 Page 15 would be permanent. In several months the shelters would be installed in those locations where the routes would not change. Also, benches and shelters would be used which could be moved. The following ordinance was considered: NO. 97-118 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN, INC., RELATING TO PUBLIC TRANSPORTATION IN THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 26. The Council considered adoption of an ordinance authorizing the Mayor to execute an electric distribution system maintenance and operation agreement by and between the city of Denton and the City of Sanger, wherein the city of Denton Municipal Electric Utility will perform services relating to the maintenance and operation of the electric distribution system of the City of Sanger. Bob Nelson, Executive Director for Utilities, stated that the City of Sanger had its own electric system but with only six people to operate it. A month ago three of those employees left for other jobs. Sanger asked if Denton could help through the interlocal emergency agreement which had been in effect for a period of time. It was felt that this agreement was only for emergencies and that Sanger was now requesting a monthly agreement which would last no longer than one year. Denton would provide services to the system for $8,000. Construction projects would be limited to $25,000 and if over that, time and materials would be included in a separate arrangement. There was a 30 day clause to cancel the contract if needed. No extra personnel or equipment would be needed for this agreement. Council Member Biles stated that the contract indicated that construction costs were limited to $25,000 total but the second sentence stated that any project requiring over $25,000 for construction costs would have a separate contract. He felt that the wording was unclear whether it was $25,000 cumulative over the life of the contract. Nelson stated that any project over $25,000 would be a separate Council Member Biles stated that the city, on a monthly basis, would provide services and would be reimbursed for materials and supplies plus 10%. He asked about the use of vehicles, fuel, etc. 463 464 City of Denton City Council Minutes April 15, 1997 Page 16 Nelson stated that there was a cost value for each vehicle and crew and a tally would be maintained to make sure that the costs were within the cost elements. Council Member Biles stated that he was uncomfortable with the $25,000 limitation. He felt that the contract should be written so that it would be a $25,000 cumulative charge. The City might be setting itself up to exposure to higher costs than that amount of a contract. The following ordinance was considered: NO. 97-119 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN THE CITY OF DENTON MUNICIPAL ELECTRIC UTILITY WILL PERFORM SERVICES RELATING TO THE MAINTENANCE AND OPERATION OF THE ELECTRIC DISTRIBUTION SYSTEM OF THE CITY OF SANGER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREUNDER; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance with a change to Section I to indicate "construction costs hereunder were limited to $25,000 during the term of this contract. All other construction costs exceeding $25,000 would be handled under separate contract". On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered a resolution appointing a member to the Board of Directors of the Denton Health Facilities Development Corporation. Kathy DuBose, Executive Director for Finance, stated that this resolution would change a member of the Board from Lloyd Harrell to Ted Benavides. The following resolution was considered: NO. R97-016 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. Beasley motioned~ Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. City of Denton city Council Minutes April 15, 1997 Page 17 28. The Council considered a resolution appointing a member to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. 465 Kathy DuBose, Executive Director for Finance, stated that this resolution would change a member of the Board from Lloyd Harrell to Ted Benavideso The following resolution was considered: NO. R97-017 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 29. The Council considered approval of a resolution authorizing the submission of an application to the Criminal Justice Division of the office of the Governor, State of Texas, requesting continued funding for one Juvenile/Domestic Violence Investigator and associated training and supplies for a Family Services Unit. Gary Matheson, Assistant Chief of Police, stated that this resolution would authorize second year grant funds for a juvenile/domestic violence investigator. Total funding from the State was $45,730 with local funding at $11,464. The following resolution was considered: NO. R97-018 RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 30. The Council considered approval of a resolution of the City of Denton expressing City Council's opposition to House Bill 3321 which r~qulr~d dona%ion of publi~ ~ight-of-way to private investor owned telecommunication companies. City Attorney Prouty stated that it was felt that this was a bad bill for a number of reasons. It would freeze the City's right-of- 466 City of Denton city Council Minutes April 15, 1997 Page 18 way franchise fee to a 1996 rate with no consideration for any increases in the market value of the City's right-of-way. It would mandate the City to use a Public Utility Commission form contract which was mandated through the PUC rather than through local governments to negotiate with companies for the use of streets and right-of ways. The following resolution was considered: NO. R97-019 A RESOLUTION OF THE CITY OF DENTON EXPRESSING THE CITY COUNCIL'S OPPOSITION TO HOUSE BILL 3321 WHICH REQUIRES DONATION OF PUBLIC RIGHT-OF-WAY TO PRIVATE INVESTOR-OWNED TELECOMMUNICATIONS COMPANIES; AND PROVIDING AN EFFECTIVE ATE. Biles motioned, Beasley seconded to approve the resolution. Council Member Durrance stated that this kind of legislation would cripple cities planning for the future. He urged citizens to contact legislators to express their opposition to this bill. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye"~ Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 31. The Council considered adoption of an ordinance authorizing City Manager to execute an airport lease agreement between the City of Denton and Fox 51 Limited which amends the existing fixed based operator and commercial airport leases between the parties and incorporates the terms of such leases into one new lease. Linda Ratliff, Director of Economic Development, stated that this lease would simplify two leases presently with Fox- 51 with common termination dates and fuel fees. The following ordinance was considered: NO. 97-120 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FOX-51 LIMITED WHICH Ai~END$ THE EXISTING FIXED BASE OPEi{ATOR Ai~D COMMERCIAL AIRPORT LEASES BETWEEN THE PARTIES AND INCORPORATES THE TERMS OF SUCH LEASES INTO ONE NEW LEASE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll VOte, Bea~ley "aye", B~o~k "aye", Duo,ante "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 32. The Council considered approval of a resolution approving the assignment by Fox-51, Limited of the fixed based operator and City of Denton city Council,,.Minutes April 15, 1997 Page 19 commercial operator leases of Airport property codified into one lease on April 15, 1997 to Ezell Aviation, Inc., said property consisting of approximately 235,218 square feet of land. Linda Ratliff, Director of Economic Development, stated that this resolution would assign the Fox-51 lease to Ezell Aviation and would have expansion of service. The following resolution was considered: NO. R97-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY FOX-51, LIMITED OF THE FIXED BASED OPERATOR AND COMMERCIAL OPERATOR LEASES OF AIRPORT PROPERTY CODIFIED INTQ ONE LEASE ON APRIL 15, 1997 TO EZELL AVIATION, INC., SAID PROPERTY CONSISTING OF APPROXIMATELY 235,218 SQUARE FEET OF LAND; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 33. Miscellaneous matters from the City Manager. Ted Benavides, city Manager, reminded Council of the Keep Denton Beautiful Reception for volunteers on Thursday, April 17th. 34. There was no official action on Closed Meeting Items. 35. New Business There were no items of New Business suggested by Council Members for future agendas. 36. The Council did not have a continuation of the Closed Meeting. With no further business, the meeting was adjourned 9:00 p.m. CITY OF DENTON, TEXAS JE~NIFERI WALTERS CItY SECRETARY CITY OF DENTON, TEXAS 467 ACC0037D