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Minutes May 06, 1997CITY OF DENTON CITY COUNCIL MINUTES May 6, 1997 The Council convened into a Regular Meeting on Tuesday, May 6, 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 to the U.S. and Texas flags. 2. The Council considered approval of the minutes of February 25, 1997 and March 4, 1997. Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. The Mayor presented the following proclamations: Drinking Water Week Emergency Medical Services Week and Trauma Awareness Month Texas Girl's Choir Day Elk's National Youth Week National Safe Boating Week Community Food Bank Inc. Month Arson Awareness Month Stroke Awareness Day Mayor Miller presented the following Yard of the Month Awards: Armando and Victoria Pena Sidney and Dorothy Hamilton James and Mildred Purser Salty and Joann Rishel McDonald's - University Drive Ken's Produce 3. Presentation of graduation certificates to 19 utility line technicians by the United States Department of Labor. Jason Turner, Safety Coordinator, stated that this program was started three years ago to focus on safety, technical expertise and to provide the best customer service possible to the citizens of Denton. An outside source was requested to validate the quality of their efforts which was done through the United States Department of Labor. The program included classroom training and on-site training. 4. Presentation of "Certificate of Achievement for Excellence in Financial Reporting" award by the Government Finance officers Association of the United States and Canada (GFOA). 479 48O City of Denton City Council Minutes May 6, 1997 Page 2 Mayor Miller presented excellence in financial Director for Finance. the Certificate of Achievement for reporting to Kathy DuBose, Executive Jane Jenkins presented Mayor Miller with a book outlining Denton Main Street's contributions and awards. 5. The Council received a report from Cindy Vance regarding the results of the city of Denton Blood Drive. Ms. Vance stated that the first city of Denton employee blood drive was a huge success. She presented a certificate on behalf of the American Red Cross for the 170 pints of blood donated. CITIZEN REPORTS 6. The Council received a citizen report from Dessie Goods°n regarding the City's sign and pet ordinances. Ms. Goodson was not present at the meeting. NOISE EXCEPTIONS 7. The Council considered a noise exception for Melodica Festival from 6:00 p.m. until 2:00 a.m. Thursday, May 8, 1997, through Sunday, May 11, 1997, at the ARGO, 1217 W. Oak. Veronica Rolen, Administrative Assistant, stated that this was a request for the second annual festival. The four-day festival would feature artists from around the area. Council Member Beasley asked about the number of neighbors in the area. Rolen stated that this was in the Fry Street area which was surrounded mostly with commercial but with a few residences in the area. Young motioned, Brock seconded to approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 8. The Council considered a noise exception for Lee Lewis Construction, Inc. to pour concrete on ten occasions between mid- May 1997 and October 1997 at 1900 Jason Drive starting at 5:00 a.m. Veronica Rolen, Administrative Assistant, stated that this request was to pour concrete at the site of the new middle school. Slabs would be poured at 5:00 a.m. on ten occasions. A 48-hour notice would be given to the City Manager's office before the beginning of an early morning pour. Council Member Young asked if the residents had been contacted. city of Denton city council Minutes May 6, 1997 Page 3 Mr. Greg, Lee Lewis Construction, stated that most of the residents had left for work before he was able to contact them. Council Member Young asked if anyone had indicated a concern. Rolen stated that there had been no calls or concerns regarding the proposal. Mayor Pro Tem Brock stated that this would be the pouring and not mixing of the concrete at this time. Rolen stated that the concrete would be already mixed and the only equipment on site would be a pump truck and a dump truck with no excessive lighting. Any extra lighting would be directed towards the work site and away from the residences. Young motioned, Brock seconded to approve the request. Council Member Cott asked what kind of quality control was available to make sure the firm would do what they said they would be doing. city Manager Benavides stated that the pours would be on ten separate occasions. If the contractor was not doing what he said he would do, staff would report back to Council. Mayor Pro Tem Brock suggested that staff notify the manager of the apartments or homes closest to the site so that they would know what was going on. Mayor Miller stated that the Council could revisit the request if conditions became unacceptable. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 9. The Council considered a noise exception for Terry Shepard until 12:00 midnight on Friday, May 16, 1997 at the North Texas State Fairgrounds for a graduation dinner and dance. Veronica Rolen, Administrative Assistant, stated that this request was for a graduation party at the Fairgrounds. Mayor Pro Tem Brock asked if this was going to be an outdoor party. Rolen stated no that it would be inside the Fair Hall. Beasley motioned, Brock seconded %0 approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 481 482 city of Denton city council Minutes May 6, 1997 Page 4 PUBLIC -- il held a public hearing and considered adoption of _~._ 10. The counc .... =~-~nce 83-110 (PD-63) to reduce the an ordinance ..... ~v nv m 25 feet to 16 feet for Lots 4B required front yaru ~=u~=~ ~_o . through 7B, Block 2, of the snider Addition section 1, and the rear yard setback from 15 feet to 10 feet for Lots 6A through 7B, Block 2 of the snider Addition Section. The subject property was located on the north side of U.S. 77, west of Windsor. (The Planning and Zoning commission recommended denial 6-0.) Rick Svehla, Deputy city Manager, stated that this was one of three variances for this site. council approve~ a variance for a ~mall building encroachment at the last meeting. These two variance requests were being appealed because the Planning and Zoning Commission had denied the requests. This particular request was for a reduction in the front yard from 25' to 16' and in the rear to the specific floor plan which was being yard from 15' to 10'tdh~earea residents had Concerns regarding the proposed. Some of request. The Planning and Zoning Commission felt that there was ample room on the lots and the petitioner kneW what the lots were when purchased. The Mayor opened the public hearing. No one spoke in favor. susan volgamore stated that although she was not within 200 feet of d a concern as the developer also owned the the proposal,_.she ~a .......... t~,. She was concerned abo~.a vacant lot a~]acen~ ~ ner~[~ ~tion. She felt that this precedent which would De se= in ~= ~ookie cutter appearance. proposal would give the neighborhood a Changing the front setback to 16 feet would allow a car to block . ' uld not be safe for young children on ~he the sidewalk w~lch ~o._~: ..... ~] d for a minimum of 18 foot wide to provide for off- =r e highway. ~tback'would allow the homes ~o De mu~xu ~ future. She This section of Highway 77 would be redone in the near · it to make the deed restriction clear to the desired the C y ...... 4~=,,~a d construction began. She developer before permits w=~= ...... an abide by the existing felt it was best for the developer to conditions set in the property deeds. Randy smith stated that he was representing his aunt who lived near the proposal. Her position was against the requested variance for the front setbacks. With that proposal, one lot would stick out from all the other homes in the area. His aunt felt that moving the homes closer to the street would reduce property values in the area. The builder should change the design of the homes instead of trying to design all the homes the same and not request these variances. He requested that council do the right thing and not allow the variance. The Mayor closed the public hearing. 483 city of Denton city council Minutes May 6, 1997 Page 5 Beasley motioned, Biles seconded to deny the request. council Member Beasley stated that she had looked at the property and felt it was a small area and not conducive to building close to the street. She felt that the developer should build a different type of home to accommodate the lots. "aye", Durrance On roll vote, Beasley. "aY~i', ~r~Cn~ ~Y~e~'r' cott Miller "aye". Motion "aye", Young. "aye" ,. B~e~ue's%Y~en~ed' z carried unanimously 11. The council held a public hearing and considered adoption of an ordinance approving a detailed plan of 8.99 acres in Planned Development 104 (PD-104). The subject property was located on the south side of Hobson Lane, approximately 500 feet east of country Club Road. (The Planning and zoning commission recommended approval 7-0.) · Manager, stated that this was a request Rick svehla, Deputy City ........ ~ which was approved several for a change in the Planned years ago. This request met all of the normal criteria for a low intensity area. The number of lotS was less than what was previously approved. The Planning and zoning Commission recommended approval. Mayor Miller asked if this would be a gated communitY'that and it . ated community, with a gated Svehla stated that there had been discussions about ~ ared that it would b~_a~3~ ~ the development w~u~d ~ ~e .- ~^ ~n ernal ~° -~ ~.~ ~ ion DU~ COmm Y' ...... there was ore . ' ..... wn their private, grl~na~_ of th~ proposal nad. wl~nu£~. nei hbors to the ~t . _~14~o a'simgle majority vote o~ opposition which would on£y ~qu council. The Mayor opened the public hearing. Greg Edwards stated that the developers were trying to improve on half acres of adjacent property .... :-~-~ site plan. Two an? a ~ ~,~nsitv allowed on that had been ad~e~ uu .... .~ L~ ~n ,~nits but the additional acreage woui~ ~= ~- - proposing to add one additional residential site. The other lot would be a homeowners lot to facilitate the transfer of the roads and amenities to the homeowners association- There was no decrease of the amenities on the property but rather increased such items as the fencing requirements. council Member cott stated that zoning went with the land and not with the homeowners association. Edwards stated that two lots were created in this parcel which would be transferred to the homeowners association- The zoning was not to be transferred but rather those two lots. 484 City of Denton city Council Minutes May 6, 1997 Page 6 Council Member Beasley stated that there were comments indicating that the proposal was in a flood plain. Edwards stated that the flood plain area was to the west of the property. Those issues would be addressed during the platting process. At this point in time, no lots were in the flood plain. Council Member Biles stated that the difference in the two planned developments was that direct access was eliminated from Hobson Lane. Edwards stated that was correct. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-121 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256, AS AMENDED, TO PROVIDE FOR APPROVAL OF A DETAILED PLAN FOR 8.99 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF HOBSON LANE, APPROXIMATELY 600 FEET WEST OF COUNTRY CLUB ROAD (F.M. 1830); PROVIDING A~ SAVINGS CLAUSE; PROVIDING FQR A PENALTY IN THEMAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young 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. Vi%RIANCES 12. The Council considered an exaction variance of Section 34- 114(17) concerning perimeter sidewalks for a detailed plan of 8.99 acres in Planned Development 104 (PD-104). The subject property was located on the south side of Hobson Lane, approximately 500 feet east of Country Club Road. (The Planning and Zoning Commission recommended approval 6-1.) Rick Svehla, Deputy City Manager, stated that this was the same planned development which was considered during the public hearings. Normally sidewalks would be required ~n both ~ide~ of the street. Considering that the internal access would be on a private street, there would be no need for sidewalks on the public street. Sidewalks along the flood plain side would allow for access to future parks and greenbelts. City of Denton City Council Minutes May 6, 1997 Page 7 Young motioned, Beasley seconded to approve the variance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 13. The Council considered an exaction variance of Section 34- 114(5) concerning perimeter paving. The subject property consisted of 13.401 acres, was in the Light Industrial (LI) zoning district, and was located on the west side of Mayhill Road, approximately 1,000 feet south of McKinney Street. (The Planning and zoning Commission recommended approval 7-0.) Rick Svehla, Deputy City Manager, stated that this request dealt with perimeter street paving. There were two lots associated with this proposal. One lot would be dedicated to the City as it was fully located in the flood plain. The other lot would be developed. The Subdivision Rules and Regulations required perimeter street paving along Mayhill. Currently Mayhill Road did not have curb and gutter. It was felt that this might not be useful in this area as the rest of the property in the area did not have this type of paving. Mayor Miller stated that part of the condition of the variance was that the developer would pay $12,400 for the paving of Mayhill Road. Svehla replied correct. Council Member Beasley asked about the lot which would be given to the City. Svehla stated that the proposal started with 13 acres of land. The lower lot was totally in the flood plain. Because the subdivision regulations only allowed lots which could be developed to be platted, the developer could not plat the lower lot unless the developer could guarantee that it would never be developed. A way to do that was to deed the property to the City. Council Member Durrance stated that Mayhill was a very heavily travelled street. Svehla replied correct. Council Member Durrance stated that the City would have to do work there anyway due to traffic problems in the area. Svehla replied correct. Council Member Young asked if there was a time f~am~ fo~ doing something with the bridge and creek in the area. Svehla replied that those were currently not in the CIP. The projects had been looked at but currently there was no money in the CIP for the bridge. 485 city of Denton city council Minutes May 6, 1997 Page 8 Durrance motioned, Biles seconded to approve the variance request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 14. The council considered an exaction variance of section 34- 114(17) concerning sidewalks for Rancho Del Lago. The subject property was in the Agricultural (A) zoning district, consisted of cres and was located between U.S. 380 and McKinney 735.892 ~ .... Limatelv 6,000 feet east of Mayhll~ Road. (The ~v~ ~ ' of a partial Street, aPP ..... ~.~, recommended approvax Planning and zoning ~UZLUL~o~ variance 7-0.) Mayor Miller indicated that Items 14-16 would be considered at the same time. Rick Svehla, Deputy city Manager, stated that the whole area was recently downzoned from a planned development with high intensity and density to agriculture zoning with minimum of one-acre lots. This would be a long narrow estate kind of development- Most of the lots were 2-5 acres in size. The first variance dealt with sidewalks. The applicant was requesting a variance to all sidewalks. Staff was in agreement with that request except for one situation. A major secondary arterial was planned in this area which would result in more traffic in the area. Because of that, staff felt it was important to have sidewalks on at least one side The second variance was for drainage- of the d~lo~-lar~e drainage structure? ~orm.%~lY_ Channels ~u ....... ~ .......... t to help wl~n ~ru~vn concrete bottom or some type Because the proposal was the last subdivision before the main water courses moved into the lake, all of the drainage would have been collected upstream. The petitioner would like to leave the channels natural. The third variance was for lot length. Currently the requirement was for a 1,200 maximum lot length between side streets. These lots had lot frontage in excess of 200 feet. At 200 feet of frontage there would only be six residents on each side of the street. Normally in 1200 feet there would be 24- 30 lots. council Member Durrance stated that there would be sidewalks on one side of the street. Svehla replied correct. council Member Durrance stated that the City would acquire the maintenance costs for drainage areas which were not improved. Svehla stated that once those were dedicated to the city, the city would maintain them. council Member Durrance asked what would be the fiscal impact for that area. 487 city of Denton city council Minutes May 6, 1997 Page 9 ~i~.. svehla replied that it would be minimal. The drainage water would not be a factor. council Member Durrance asked if the Fire Department was in agreement with the placement of the fire hydrants. Svehla replied correct. council Member Durrance stated that the developer understood that some of the lots might have a fire hydrant in the middle of the lot. Svehla replied correct that that was done now to meet the requirements of the 600 foot spacing. Brock motioned, Biles seconded to approve a partial variance as reco~m~ended by the Planning and Zoning commission for Item #14 and approve the variances for Items #15 and #16. On roll vote, Beasley ,,aye", Brock ,'aye", Cochran "aye", Durrance "nay", Young ,,aye", Brock "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. 15. The council considered an exaction variance of section 34- 124(e) concerning drainage design standards. The subject property was in the Agricultural (A) zoning district, consisted of 735.892 acres,· and was located between U.S. 380 and McKinney street, approximately 6,000 feet east of Mayhill Road. (The Planning and zoning Commission recommended approval 7-0.) This item was considered with Item #14. 16. The council considered an exaction variance of section 34-114 (8)(c) concerning the maximum block length. The subject property · 't was in the Agricultural (A) zoning dlstrlc , consisted of 735.892 acres, and was located between U.S. 380 and McKinney street, approximately 6,000 feet east of Mayhill Road. (The Planning and zoning Commission recommended approval 7-0.) This item was considered with Item #14. CONSENT ~GENDA council Member Young asked to discuss Items #19, #21, and #22. council Member Young asked if Item #19 was an additional street sweeper. Danise Harpool, senior Buyer, stated that it would be an addition to the motor pool. council Member Young asked about Item #21 which was the activity stage at Fred Moore Park. If approved, how long would it be before construction started. 488 city of Denton city council Minutes May 6, 1997 Page 10 Harpool stated that normally a contract would be signed and returned within 15 days with construction starting after that. Council Member Young asked if Item #22 was new playground equipment for Fred Moore Park. Harpool replied correct. Mayor Pro Tem Brock asked if any other park would be receiving equipment. Harpool indicated that the equipment was for the Fred Moore and McKenna Park sites. City Manager Benavides pulled Item #24 from consideration. Biles motioned, Young seconded to approve the Consent Agenda and accompanying ordinances e~cept for Item #24. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 17. NO. 97-122 AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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. (Bid #2025 - Preventive Auto Maintenance) 18. 19. 20. NO. 97-123 AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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. (Bid #2030 - 2500 KVA Transformers) No. 97-124 AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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. (Bid #2038 - Self-Propelled Road Sweeper) NO. 97-125 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 #2008 - Automated Recreation Management System) city of Denton city council Minutes May 6, 1997 Page 11 489 NO. 97-126 21. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN EFFECTIVE DATE. (Bid #2043 - Fred Moore Park Activity Stage) NO. 97-127 22. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR iMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2046 - Fred Moore Park/McKenna Park site Improvements) NO. 97-128 23. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY pURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH pURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #74512 - AMS Pump) 24. Pulled from conslderatlo NO. 97-129 25. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN iNTERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE pURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. IT~ FOR INDIVIDUAL CONSIDERATION 26. The council considered adoption of an ordinance annexing a 286.57 acre tract located north of Brush creek Road and east of U.S. Highway 377; and establishing temporary agriculture "A" zoning district classification- (A-75) Rick Svehla, Deputy city Manager, stated that this was the final reading of this annexation. The site was located on the southwestern end of the city. The following ordinance was considered: NO. 97-130 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 286.57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF US HIGHWAY 377; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL 490 City of Denton City Council Minutes May 6, 1997 Page 12 DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Biles 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 an amendment to the commercial operator airport lease agreement between the City of Denton and Bruce Brown which was assigned per Resolution No. R97-015 to Dwayne E. Hatcher and David W. Austin to allow for refinancing of the improvements within such lease. Linda Ratliff, Director of Economic Development, stated that this ordinance amended the lease between the City and Bruce Brown. On April 1, Hatcher and Austin assumed the existing Brown lease. The existing lease provided that any person or institution which loaned money to the lessee for the construction of improvements could operate or manage the improvements should the lessee default. In this situation, the improvements had already been made so the Hatcher/Austin bank required an amendment to the lease to indicate that any person or institution that loaned money for construction, purchase and/or refinancing of the improvements, could operate or manage the improvements should the lessee default. The following ordinance was considered: NO. 97-131 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE BROWN WHICH WAS ASSIGNED PER RESOLUTION NO. R97-015 TO DWAYNE E. HATCHER AND DAVID W. AUSTIN TO ALLOW FOR REFINANCING OF THE IMPROVEMENTS WITHIN SUCH LEASE; 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. 28. The Council considered adoption of an ordinance authorizing the City Manager to execute an airport lease agreement between the City of Denton and Ezell Aviation, Inc. for approximately 8.2 acres of property located a% the Den%on Municipal Airport, which preempts the lease assigned per Resolution No. 97-020 to Ezell Aviation, Inc. from Fox-51 Limited. Linda Ratliff, Director of Economic Development, stated that this was a new lease with Ezell Aviation. On April 15th, Ezell assumed City of Denton city Council Minutes May 6, 1997 Page 13 the Fox-51 lease and this ordinance outlined the additional property included in the lease and the improvements. The following ordinance was considered: NO. 97-132 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND EZELL AVIATION INCORPORATED FOR APPROXIMATELY 8.2 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT, WHICH PREEMPTS THE LEASE ASSIGNED PER RESOLUTION NO. 97-020 TO EZELL AVIATION, INC. FROM FOX-51 LIMITED; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Durrance 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. 29. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract for child abuse prevention services with Children's Trust Fund and with the Denton Family Resource Center, Inc. as a subcontractor, to provide a family resource center and to make application to the Children's Trust Fund of Texas to obtain a grant for a family resource center; ratifying the actions of the City Manager, City Attorney, and other officials of the City in regard to this grant application. Rick Svehla, Deputy City Manager, stated that this was the culmination of one of the Vision projects. This ordinance would authorize a contract with the Children's Trust Fund in which the City would be acting as a fiscal agent to receive the funds and subcontract with a family resource center to provide the services. The following ordinance was considered: NO. 97-133 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CHILD ABUSE PREVENTION SERVICES WITH THE CHILDREN'S TRUST FUND AND WITH THE DENTON FAMILY RESOURCE CENTER, INC., AS A SUBCONTRACTOR, TO PROVIDE A FAMILY RESOURCE CENTER AND TO MAKE APPLICATION TO THE CHILDREN'S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY RESOURCE CENTER; RATIFYING THE ACTIONS OF THE CITY MANAGER, CITY ATTORNEY, AND OTHER OFFICIALS OF THE CITY IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley 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. 491 492 city of Denton city council Minutes May 6, 1997 Page 14 30. The council considered adoption of an ordinance authorizing the city Manager to execute an agreement with the Texas Department of Transportation for improvements to Eagle Drive at Bell Avenue, Eagle Drive at carroll Blvd. and Eagle Drive between Avenue A and IOOF under the congestion Mitigation and Air Quality improvements Program. Rick Svehla, Deputy city Manager, stated that this ordinance and the next two ordinances were part of the congestion mitigation program. The first was a continuous left turn lane from IOOF to Avenue A on Eagle Drive. The following ordinance was considered: NO. 97-134 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE AT CARROLL BOULEVARD, AND EAGLE DRIVE BETWEEN AVENUE A AND IOOF UNDER THE CONGESTION MiTIGATION AND AIR QUALITY iMPROVEMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. ,~n roll , cott "aye", Durrance aye , Young vote, Beasley "aye", Brock "aye" Miller "aye". Motion carried "aye", Biles "aye" and Mayor unanimously. 31. The council c°nsidered adoption of an ordinance authorizing the City Manager to execute four agreements between the city of Denton and the Texas Department of Transportation for the study and improvement of four intersections within the city limits of Denton. Rick svehla, Deputy city Manager, stated that this was the same kind of program as Item #30. Item ~30 would have 80% State money and 20% city money. This agreement was for turn lanes at four different locations. council Member Beasley stated that the city's match would be from bond funds and were to help mitigate pollution in traffic. The following ordinance was considered: NO. 97-135 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT O¥ TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 6, 1997 Page 15 Beasley 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. 32. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for improvements to Carroll Blvd. from F.M. 428 to U.S. 377 under the Urban Street Program. Rick Svehla, Deputy city Manager, stated that this was an urban street program with a 70-30% match. The program would repair defects in pavement particularly on Carroll Blvd. The following ordinance was considered: NO. 97-136 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO CARROLL BOULEVARD FROM F.M. 428 TO U.S. 377 UNDER THE URBAN STREET PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with unanimously. 33. The Council considered approval of a resolution authorizing the sale of property described as Lot 3, Block 1, Woodcreek Addition, Denton, Denton County, Texas, as more fully described herein; authorizing the Mayor to execute a deed without warranty to the purchaser. Gilbert Bragg stated that his firm had filed suit on this property on behalf of the city and other taxing jurisdictions. No bid was received at the public auction. It was bid in trust to the City of Denton which held it in trust for the city, the County of Denton and the Argyle School District. The property needed to be resold and there was an interested individual offering an amount in excess of judgement. The following resolution was considered: NO. R97-021 A RESOLUTION AUTHORIZING THE SALE OF PROPERTY DESCRIBED AS LOT 3, BLOCK 1, WOODCREEK ADDITION, DENTON, DENTON COUNTY TEXAS, AS MORE FULLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY TO THE PURCHASER; AND PROVIDING AN EFFECTIVE DATE. 493 494 City of Denton city Council Minutes May 6, 1997 Page 16 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. 34. Nominations/appointments to City Boards/Commissions. There were no nominations/appointments at this time. 35. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on May 3, 1997. Jennifer Walters, City Secretary, read the results of the election. The following ordinance was considered: NO. 97-137 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON MAY 3, 1997; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Cott 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. 36. Oath of Office administered to newly elected Council Members. Jennifer Walters, city Secretary, administered the Oath of Office to Carl Young, District One; Neil Durrance, District Two, Mike Cochran, District Three; and Sandy Kristoferson, District Four. 37. Election of a Mayor Pro Tempore. Beasley motioned, Durrance seconded to nominate Euline Brock as Mayor Pro Tempore. Council Member Young nominated himself. council Member Durrance motioned to cease nominations. On roll vote for Euline Brock for Mayor Pro Tempore, Beasley "aye", Brock "aye", Kristoferson "aye", Durrance "aye", Young "nay", Cochran "aye", and Mayor Miller "aye". Nomination carried with a 6-1 vote. On roll vote for Carl Young as Mayor Pro Tempore, Beasley "nay", Brock "nay", Kristoferson "nay", Durrance "nay", Young "aye", Cochran "nay", and Mayor Miller "nay". Nomination failed with a 1- 6 vote. 495 City of Denton City council Minutes May 6, 1997 Page 17 38. following: The Council convened into a Closed Meeting to discuss the ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed and considered settlement in the Sangster case. 3e Discussed and considered settlement of litigation styled Yapit v. City of Denton. Discussed and considered settlement demand in claim of Tetreault. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 39. The Council considered adoption of an ordinance approving and authorizing the city Manager to execute a compromise settlement agreement in the matter of Yapit v. City of Denton; authorizing the expenditure of budgeted funds in an amount not to exceed $10,229.11. The following ordinance was considered: NO. 97-138 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVINGAND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF YAPIT V. CITY OF DENTON. TEXAS; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED $10,229.11; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Kristoferson "aye", Durrance "aye", Young "aye", Cochran "aye" and Mayor Miller "aye". Motion carried unanimously. 40. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items at this time. 41. There was no Official Action on Closed Meeting Items discussed earlier in the meeting. 42. New Business The following items of New Business were suggested by Council Members for future agendas: 496 City of Denton city Council Minutes May 6, 1997 Page 18 A. Mayor Pro Tem Brock asked for a possible agenda item regarding a specific use permit which would allow residential use in general retail. Rich Svehla, Deputy city Manager, stated that there was a question of whether that could be allowed. Currently there was no way to allow a specific use permit for a single family residence in a general retail zone. Mayor Pro Tem Brock stated that she would like the Council to consider that as a general issue. B. Mayor Pro Tem Brock stated that there was a vacancy on the Planning and Zoning Commission and would like that placed on the Council agenda for consideration. C. Mayor Pr Tem Brock stated that she would like to consider an ordinance rerouting the truck traffic onto Loop 288. D. Council Member Young suggested that the City Manager look at land between Bell Avenue and Austin street as a possible site for a new central fire station. With no further business, the meeting was adjourned at 11:00 p.m. ~4CITY OF DENTON, TEXAS ACC00383