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Minutes May 20, 1997CITY OF DENTON CITY COUNCIL MINUTES May 20f 1997 17 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, May 20, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None The Council considered the following in Closed Meeting: A. Consultation with Attorney -- Under TEX. GOV'T CODE Sec. 551.071 Discussed and considered Sangster and Tetreault claims growing out of the drowning incident which occurred at Bell and Robertson Streets in November, 1996. Conference with Employees -- Under TEX. GOV'T CODE Sec. 551.075. The Council could receive information from employees or question employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a regular meeting on Tuesday, May 20, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, 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 March 18, 1997. Young motioned, Durrance seconded with a correction to add the vote for R97-010. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. Mayor Miller presented a proclamation for National Senior Health and Fitness Day. 3. The Council considered a Resolution of Appreciation for David Biles. The following resolution was considered: RESOLUTION OF APPRECIATION FOR DAVID BILES. Cochran motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 18 City of Denton City Council Minutes May 20, 1997 Page 2 4. The Council considered a Resolution of Appreciation for Jerry Cott. The following resolution was considered: RESOLUTION OF APPRECIATION FOR JERRY COTT. Young motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTS 5. Dessie Goodson regarding city government issues. Ms. Goodson stated that she had taken pictures of her street showing problems which she had told the City about four years ago. The City needed to take care of the problem correctly rather than just patching the street. There were no curb ramps at those intersections near her street. The sidewalks were not cleaned properly and she could not walk down the street properly. She had given the City a year to respond to how one person could use more water than three people in one month and the City had not done it. She would not go another year without water and electricity. She paid each month to have her phone number not published. She did not appreciate the City giving out her phone number as that was going against the Privacy Act. The City was not to give her phone number out again. 6. Joe Dodd regarding "my death, your taxes, and our access t.v." Mr. Dodd stated that his "death" was greatly exaggerated. He would continue to come to the City until a public access channel was available to the public. The people of Denton owned the band width that the cable was delivered on and was rented to the cable company. There were two components of the access channel-individuals using the channel and organizations using the channel. Local origination should not be confused with the public access channel. The programming of ball games were not a part of the public access programs. Council Member Young had asserted that other cable companies set aside minority space for their programming but was not correct. Patrons should receive something more than what they were currently receiving for their sponsorship. 7. Ross Melton regarding "prosecutorial immunity" of the City Attorneys. Mr. Melton stated that he was having problems with Code Enforcement in the area of trash and debris. He had sued the City Attorney and Assistant City Attorney in Federal Court but his suit was dismissed. He wa~ told that city attorneys were immune from suit. There had been no hearing and no jury trial with the suit against the City still pending. The opinion which the Court wrote was "secret" in that it was going to be unpublished. Immunity isolated a trial by jury and was created by judges. His judgement was that the attorney's office gave advice which was secret and he was denied access to that advice. The City Attorney violated the Open Records Act and he could not investigate the Code City of Denton City Council Minutes May 20, 1997 Page 3 19 Enforcement Department. The City Attorney's office was a black hole regarding legal matters. The issue was not settled as far as he was concerned. 8. David Zoltner regarding Open Meetings and public trust. Dr. Zoltner stated that he wanted to withdraw his comments at this point in time. He would be watching to see if the Council continued to post corrected Closed Meetings in the future. NOISE EXCEPTION 9. The Council considered a request for an exception to the noise ordinance for the 1997 Juneteenth activities June 13-14, 1997 and June 19-20, 1997 at the Fred Moore Park until 12:00 midnight. Veronica Rolen, Administrative Assistant, stated that this request was from the Juneteenth Celebration Committee. The celebration was held annually at the Fred Moore Park. The exception was requested for musical activities in the park during the festivities. Young motioned, Brock seconded to approve the request. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. PUBLIC 10. The Council held a public hearing and considered adoption of an ordinance rezoning 0.464 acres from the Multi-Family 1 (MF-1) zoning district to a General Retail Conditioned (GR[c]) zoning district. The subject property was located on the north side of University Drive (US 380), approximately 500 feet east of Locust Street. (The Planning and Zoning Commission recommended approval 5-0.) Rick Svehla, Deputy City Manager, stated that this was a request for general retail conditioned zoning. This type of zoning was selected due to the fact that the property to the west was zoned the same. In 1994 the Council adopted conditions similar to that zoning as to this case. The General Retail zoning was a less intense use which more closely met the existing plan. The Planning and Zoning Commission recommended approval. Council Member Kristoferson stated that the back-up materials indicated that the request was 975% over the intensity allocation. Svehla stated that the analysis was originally done based on the request for commercial ~oning. Further in th~ back-up materials it indicated that the intensity, based on the limited uses, was 186 trips which was a major reduction in intensity. Council Member Kristoferson stated that the proposal would still be significantly inconsistent in three areas. 20 City of Denton City Council Minutes May 20, 1997 Page 4 Svehla replied that it would be inconsistent on intensity and the strict site plan in which no general type of zoning met that requirement. Council Member Kristoferson stated that that was not what the applicant wanted for the long term. Svehla replied correct but if Council passed the Planning and Zoning recommendations, only the uses listed would be allowed. Council Member Beasley asked if a restaurant/tea room would be allowed. Svehla replied that it was not allowed under the conditions indicated. Council Member Durrance asked what was the proposed use. Svehla replied that the current use was an apartment. The applicant wanted to use the house for a telephone business office. The house to the west of the proposal housed a business and the applicant wanted to expand the use to the next house. Council Member Durrance stated that this would be the same business as what was next door and the applicant would be required to keep the same conditional structures on the property. Svehla replied correct. Council Member Cochran asked that if the individuals who were opposed to the proposal but not within 200 feet were figured into the calculation, what would be the percentage of opposition. Svehla replied that staff had not made that calculation. Council Member Cochran stated that the reason those individuals were not being considered for the 20% calculation was because they were not on the list as of January 1st. 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. Council Member Cochran stated that he was concerned about the sensitivity of the neighborhood and the idea of University Drive and Denton Center going into residential neighborhoods. He was concerned about deviations from the Denton Development Plan and particularly the extending of strip commercial development in the area. Mayor Pro Tem Brock stated that this was a case where people were opposed to what was being proposed but what was in place was multi- City of Denton City Council Minutes May 20, 1997 Page 5 21 family zoning. This was a fragile area and behind the proposal was a very lovely street. It was difficult to know what would be a suitable use for the area. The present business was not damaging the residential nature of the area around there. She would not like to see what was there replaced with another apartment house. Council Member Durrance stated that he was concerned that this was a border line case in both instances. There were inconsistencies with the Denton Development Plan but the restrictions agreed to and the expansion of the business was small. There were additional safeguards that any changes would require approval of the Council. Council Member Beasley stated that she had reservations about the case. DFW Direct had renovated an old home which looked nice. The current home was not in the same shape and hoped that the applicant would do the same thing. She was concerned about commercial zoning on University but conditions placed on the zoning would probably take care of some of those concerns. This proposal might be an improvement over what was currently there. The following ordinance was considered: NO. 97-140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLASSI~!CATION AND USE DESIGNATION TO A GENERAL RETAIL CONDIT~QNED (GR[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.464 ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE (US 380), APPROXIMATELY 500 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. Mayor Pro Tem Brock asked about the possibility of reducing the number of permitted uses. If the applicant was only expanding his business, he might not want some of those uses. She asked if it were possible for Council to reduce the number of permitted uses. Herb Prouty, City Attorney, stated that Council could change the zoning as long as it went to more restrictive zoning. Svehla stated that the conditions placed on this request were similar to the ones placed on the adjacent lot. The difference in the ordinances was that the uses in the 1994 ordinance were uses not permitted. Mayor Pro Tem Brock stated that she had concerns about some of the listed uses such as a private community center or swimming pool. Brock motioned, Beasley seconded an amendment to the motion to remove all permitted uses except for telephone business office. City of Denton City Council Minutes May 20, 1997 Page 6 Council Member Kristoferson stated that the math indicated that the intensity was out of compliance with a moderate intensity area. Svehla replied that the proposed 1997 plan indicated this area as a moderate intensity area. It would be very close in the calculations. Mayor Miller stated that he would be voting against the amendment. If this were restricted to telephone business office and the company went out of business, the building would remain unoccupied. Only allowing one kind of business would limit the use of that building. He felt that there were some other uses which might be compatible with the neighborhood. Council Member Cochran stated that one of the uses allowed would be a residence. Some Council Members had indicated that a reason to vote in favor of the request was that there was general retail already next door to the location. He felt that that was a reason to not vote for the request as it might give way to commercial all along that area. He was concerned about increased traffic on University which already was bad. Mayor Miller asked if the property could be used as a residence if the zoning were restricted to one use as stated in the amendment. Svehla stated that if the property was currently being used as a single family residence, it would be non-conforming and could be used as such. Mayor Miller stated that if the zoning were changed to general retail with only a permitted used of telephone business office, the non- conforming use would be lost. Svehla replied correct that the property could then only be used for a telephone business office. Mayor Miller stated that he was not in favor of being so restrictive as to not allow for any kind of reasonable use. Mayor Pro Tem Brock stated that there could be a request at a later date for other uses. Svehla replied correct. Mayor Miller stated that he went past that location several times a day and did not see many cars on the property. The number of trips were very small and would be less than the multifamily zoning which was currently in place. On roll vote on the amendment to restrict the use to only telephone business office, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "nay", Brock "aye" and Mayor Miller "nay". Motion failed 3-4. Brock motioned, Beasley seconded to amend the motion to remove group home, private community center, and private swimming pool from the list of permitted uses. On roll vote, Beasley "aye", Kristoferson "aye", City of Denton City Council Minutes May 20, 1997 Page 7 23 Cochran "aye", Durrance "aye", Young "nay"' Brock "aye" and Mayor Miller "aye". Motion carried 6-1. On roll vote on the main motion as amended, Beasley "aye", Kristoferson "nay", Cochran "nay", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried 5-2. 11. The Council held a public hearing and considered adoption of an ordinance rezoning 0.211 acres from the office (O) zoning district to the Multi-Family 1 (MF-1) zoning district. The subject property was located on the southwest corner of First and Elm Streets. (The Planning and zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that this would change the zoning from office to multifamily. There were only a few areas in the proposal which were inconsistent with the Development Plan. Most of those had to do with the half mile separation and site design. Because the actual intensity was being reduced and the majority of the analysis was consistent with the plan, staff and the Planning and Zoning Commission were recommending approval. Mayor Pro Tem Brock asked if there would be a restriction on the number of allowed units. Svehla replied yes because of the size of the lot. When multifamily was built, there were parking requirements which generally restricted the number of units. The Mayor op~ned the public hearing. Darrell Reid stated that there were only four units for the property. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE OFFICE (O) ZONING DISTRICT CLASSIFICATIONAND USE DESIGNATION TO THE MULTI-FAMILY 1 (MF-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.211 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF FIRST AND ELM STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes May 20, 1997 Page 8 12. The Council held a public hearing inviting citizens to comment on the City of Denton's 1997 Action Plan for housing and community development. David Hill, Director of Planning and Development, stated that the Community Development Block Grant Action Plan for 1997 was set up for a public hearing. Pending the outcome of the public hearing, Council would be considering approval of the Plan at their next meeting. Council Member Young asked why Triple "A" Choices was not on list for recommended funding. City Manager Benavides stated that the organization had submitted an application but was not recommended for funding. Council Member Young asked to reconsider this organization. Mayor Miller stated that Council was just receiving input from citizens at this meeting. It would be up to Council during the budget process to make changes. The Mayor opened the public hearing. Irma Jones stated that she was speaking on behalf of Triple "A" Choices which did not receive funding. She was the coordinator of the UNT Challenge Program which was a campus-wide substance abuse education prevention and counseling program at the University of North Texas. This program was primarily funded through student fees and supplemented by the Department of Counseling and Testing. They had no operating budget of their own thus the necessity for seeking additional funding for the program. This program addressed four out of ten of the City's most urgent needs of juvenile delinquency, drug abuse, crime and teenage pregnancy. Triple "A" Choices was a year round after school proactive substance abuse prevention program utilizing the University of North Texas student athletes in partnership with members of the student body who had been trained for twelve or more hours as peer educators. The primary purpose of the program was to encourage UNT students and students to exhibit Triple "A" attitudes regarding their academics and athletic pursuits and to empower UNT students and other students to make Triple "A" Choices regarding the use of alcohol and other drugs. The program was asking for $15,000 to start in October. CounCil Member Young asked about a similar program started in Austin. Jones stated that the program at Austin was started in 1991 with 731 students the first year which had now grown to 1685 students. The program had received national awards. Council Member Kristoferson stated that this program would not be operational until October. Jones replied correct. Council Member Kristoferson asked about their funding. city of Denton City Council Minutes May 20, 1997 Page 9 25 Jones stated that they were requesting $15,000 to fund a part-time coordinator. They had received that funding through student fees. Now they were needing funds to provide the operational side of the program such as art supplies, books, videos, etc. Council Member Kristoferson asked how these children were chosen. Jones replied that the children were chosen voluntarily. They only had to submit an essay or an art project to demonstrate the spirit of Triple "A" Eagles making Triple "A" Choices. Mark Bennett stated that he was a Denton County Friends of the Family volunteer and a former client. He thanked the Council for the recommendation to continue the present funding levels. He knew how important this type of service was for the citizens of Denton. Friends of the Family was a source of comfort and support for many in Denton. He wanted to have his taxes used wisely and this agency would use the funds very wisely. Dorothy Damico stated that she had always been proud that the City put money into human services. She felt it was important that the City did not give charitable donations to non-profit agencies through the human services grants. The City made contracts with non-profit agencies so that they would provide services which were appropriate to city government that the non-profit agencies could do more cost effectively than the City. Over the years the agencies were able to do good things for a number of people by providing help for the homeless, hungry, the elderly, etc. Speaking on behalf of the Denton County Friends of the Family, she thanked the Council for its support of the agency. They would put the money to good use. Pat Kelly stated tha~ she was speaking for the Special Olympics Program. The program was a wonderful program for the students it served. The Council had supported the program in the past and she thanked them for that. Cheryl Sutterfield thanked the Council for past support for Denton County Friends of the Family and for their recommendation to restore funding to the current level. Sara Carey stated that staff should have provided Council with a more recent funding status of her organization. Council Member Beasley asked about that information. City Manager Benavides stated that the information would be given to Council before any action would be take on this funding. The Mayor closed the public hearing. 13. The Council held a public hearing and considered and took action regarding Marcus Cable rates for basic cable service, remote controls and converters, and the hourly service charge. 26 City of Denton City Council Minutes May 20, 1997 Page 10 Richard Foster, Public Information Officer, stated that in accordance with FCC guidelines, Marcus Cable had requested an increase in their rates. That increase would go into effect June 1st. The City was certified to regulate the rates the cable company charged for the basic level of service, for remote controls and converters and for the hourly service charge. The rate for basic cable service was proposed to be increased from $9.77 to $9.88 per month, the remote control from $.12 per month to $.16 per month, non-addressable converters from $1.01 to $.95 and addressable converters from $2.43 to $2.57 and the hourly service charge from $40.60 to $19.03 per hour. The cable ordinance required a public hearing with proper notice. The Mayor opened the public hearing. Karen Yurchuck stated that Marcus had made improvements during the past year in the cable service. They were trying to change their image and provide quality service. Recent changes included the addition of four new channels, increased options for premium services, added screens to existing channels, some channels available in Spanish, an on-time guaranteed appointment time for service calls and installation. New phone lines were going to be installed and they were evaluating staffing at peak times. A training program had been started for their customer service representatives which required them to be certified by an outside organization. Council Member Cochran asked about the level of service most represented by customers. Yurchuck replied it was the broadcast basic level of service. Mayor Pro TemBrock asked about the percentage of Denton households that had cable. Yurchuck replied approximately 70% of the homes which had cable in the area received the service. Joe Dodd stated that no one loved the cable company. The amount of the rate increase was "junk" change and the Council would probably grant that increase. There was an error in logic in their basic lineup of programs. TBS and WGN were in the broadcast channels but the basic weather channel was not in basic. The cable company was required by the franchise to produce 400 hours of local origination. If they were producing all 400 hours, the City should give them the rate increase. If they were only producing 300 hours, the City should reduce the price $.10. If the cable company was only producing 200 hours, the rate should be reduced $.25 and if they were only producing 150 hours, the price should be reduced by $.50. He felt the cable company was not producing the 400 hours of local programming which the agreement required. The Mayor closed the public hearing. Council Member Beasley stated that there was confusion regarding the cable rates and the showcase rates and how much it was going up. It was City of Denton City Council Minutes May 20, 1997 Page 11 27 her understanding that the showcase rates were not regulated by the City - that it was regulated by the FCC. Foster replied that that was correct. The rates for cable showcase were regulated by the FCC. It used to be that subscribers who were unhappy with the rates charged for that service would have to appeal directly to the FCC to have rate looked at. That had changed within the last year. Now if the City received more than one complaint following the rates going into effect, the City filed on behalf of those subscribers with the FCC. Council Member Young stated that last week he received calls and letters from citizens who opposed this rate increase. One letter stated that the rates were increased 6% last year and this year they would be raised for local access. He would be opposed to any raises but would agree with a review of the rates. The people in his district felt that they were not receiving services for their money. Foster stated that there were several options the Council could consider. Those included reviewing the rates, approving the rates or taking no action in which case the rates would go into effect. Mayor Miller stated that a review of the rates would cost approximately $3,500-4000. Under the rules, if the cable company's calculations were correct, the rates would still remain in effect. Foster replied correct. City Attorney Prouty stated that doing nothing was really not an option as the cable ordinance indicated that the Council had to make a written decision after the public hearing. The Council had in the past passed a resolution reading the rates. His recommendation was to consider a resolution which incorporated what the Council wanted to do. Mayor Pro Tem Brock stated that joining the consortium of cities result some charges were reduced. almost $1,000 was spent last year which surveyed the rates and as a Foster replied correct. The $1,000 represented approximately 12% of the cost to the consortium. Mayor Pro Tem Brock asked if the Council could vote to take no official action. City Attorney Prouty stated yes but in effect that was an approval of the rate increase. The cable ordinance required the Council to make a written decision on the request for denial, approval or change in the rate increase. Council Member Cochran stated that the cable company was asking for an $.11 increase in the basic cable, a $.04 increase in remote control and a large decrease-in the hourly service rate. That was not a large increase. ~i~y of Denton City Council Minutes May 20, 1997 Page 12 Cochran motioned, Brock seconded to approve the rates. Council Member Young stated that he wanted to warn the citizens as the costs were going up. Council was wiling to give a raise for anything and this was just a start for the increases. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "nay", Brock "aye" and Mayor Miller "aye". Motion carried with a 5-2 vote. CONSENT AGENDA Young motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 14. NO. 97-142 15. 16. 17. 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 #2040 - Heavy Equipment Mechanic) NO. 97-143 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 #2041 - PVC Conduit & Accessories) NO. 97-144 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 #2042 - Traffic Signs & Supplies) NO. 97-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 97-099 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; PROVIDING A REPEALER; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes May 20, 1997 Page 13 18. NO. 97-146 29 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 19. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract between the City of Denton and Three- K Construction, Incorporated; authorizing the City Manager to execute any and all documents necessary to consummate the purchase of real property in accordance with said contract; and authorizing the expenditure of funds. Rick Svehla, Deputy City Manager, stated that this was a recommendation from the Planning and Zoning Commission to acquire two lots using funds from the Affordable Housing Program. This wouldhelp the City meet the match needed for the HOME funds. After the lots were acquired, the Affordable Housing Corporation would build homes on the lots and put them up for sale. The following ordinance was considered: NO. 97-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THREE-K CONSTRUCTION, INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. 30 City of Denton City Council Minutes May 20, 1997 Page 14 Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 20. The Council considered adoption of an ordinance authorizing the city Manager to execute a commercial lease agreement between the City of Denton and Hanger 10 Flying Museum for approximately 32,400 square feet of property located at the Denton Municipal Airport, with options on the lease of additional property comprising an additional 64,800 square feet. Linda Ratliff, Director of Economic Development, stated that currently the museum was operating out of a hanger at the Airport. They wished to expand their operation and asked that the City provide them with a lease. They were asking for some forgiveness up-front on the lease of $.10 off of the lease price and would add that on to the last 17 years by increasing the lease amount by $.03. As a result, the City would r~ceive the same amount in total but allowed the non-profit organization to build their hanger. The following ordinance was considered: NO. 97-148 AN ORDINkNCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HANGAR 10 FLYING MUSEUM FOR APPROXIMATELY 32,400 SQUARE FEET OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL 64,800 SQUARE FEET; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. Council Member Durrance felt that this would be a great addition to the City and to the Airport. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 21. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement for professional services between the City of Denton and Deloitte and Touche, L.L.P. for independent audits. Susan Croff, Internal Auditor, stated that this was a recommendation from the Audit Committee for this agreement. The agreement spanned a three year period plus an option for two additional years. The Audit Committee based the recommendation on information given to them by four raters on four criteria. The following ordinance was considered: City of Denton City Council Minutes May 20, 1997 Page 15 NO. 97-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE LLP FOR INDEPENDENT AUDITS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered approval of a resolution approving a right- of-way use agreement between the City of Denton and Joseph E. Cripps. Denisha Williams, Main Street Manager, stated that the owner of the building at 207 N. Elm wanted to use the second and third floors of his building. In order to do that, a fire escape was necessary as an inside staircase was not feasible. This fire escape would be on City right-of- way. Granting this agreement would enable the owner of the property to its fullest and would not harm the city right-of-way. The following resolution was considered: NO. R97-022 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON AND JOSEPH E. CRIPPS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Young seconded to approve the resolution. On roll vofe, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Natural Resource Conservation Commission (T.N.R.C.C.) granting a license to the Texas Natural Resource Conservation Commission for an air pollution monitoring station. Linda Ratliff, Director of Economic Development, stated that currently the TNRCC had an ozone monitoring station at the north end of the Airport. The TNRCC requested to move the station to the south end where no buildings would effect the monitoring. The following resolution was considered: NO. R97-023 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BE-TWEEN THE CITY OF DENTON AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (T.N.R.C.C.) GRANTING A LICENSE TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION 31 32 City of Denton City Council Minutes May 20, 1997 Page 16 (T.N.R.C.C.) FOR AN AIR POLLUTION MONITORING STATION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered an appointment to the Board of Directors of the Upper Trinity Regional Water District. City Manager Benavides stated that Bob Nelson, Executive Director for Utilities, was currently the City's representative to this Board. Staff was recommending to continue with this appointment. Brock motioned, Cochran seconded to reappoint Bob Nelson to this Board. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Beasley nominated Geri Aschenbrenner to the Keep Denton Beautiful Board. Mayor Pro Tem Brock nominated Jim Engelbrecht to the Planning and Zoning Commission. 26. Miscellaneous matters from the City Manager. City Manager Benavides stated that at the Council's next meeting they would be receiving a briefing on appointments to the Boards and Commissions. 27. There was no official action on Closed Meeting Items discussed earlier. 28. There were no items of New Business suggested by Council Members for future agendas. 29. The Council did not meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:45 p.m. Ti ~FE~WALTERS SECRETARY OF DENTON, TEXAS ACC0038A