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Minutes July 01, 1997106 CITY OF DENTON CITY COUNCIL MINUTES July 1, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, July 1, 1997 at 5:45 p.m. in the Police Department Conference Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas, at which the following items were considered: PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None 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. CJOV'T CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, July 1, 1997 at 7:00 p.m. in the Jury Selection Room of the Denton Municipal Complex, 601 East Hickory, Denton, Texas. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kfistoferson, 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. CITIZEN REPORTS 2. The Council received a report l~om Ali Al-Khafaji regarding discrimination against Arabian- Americans in the City of Denton. Mr. Al-Khafaji stated that he owned his own business in the City and was being harassed by City employees. He had discussed this problem with the City Manager. He owned investment property on Highway 380 which used to be a wrecking yard bm now was specializing in the rehabilitation of vehicles which he bought in Dallas. Cars were brought in behind a fence and were not out in open view. One City Inspector asked him to move these cars as the property was not zoned for that purpose which he disagreed with. He remodeled one of the buildings there which had been condenmed and complied with City ordinances. He also owned a piece of property on the comer of Teasley Lane and Dallas Drive. Texaco Oil Company had a long term lease on that property and was willing to put improvements on the property. They were willing to put $600,000 worth of improvements but have had a six month delay and hard time with the City. On another piece of property the City broke into a 107 City of Denton City Council Minutes July 1, 1997 Page 2 fence and mowed the grass which it did not need. He had someone mow that property. He had been double charged for utility service on Dallas Drive for the past ten years. He had been offered a two year refund but the double billing had been for more years than that. He also had three acres on Dallas Drive and Teasley Lane on which he wanted to construct a building. The City told him that if he gave the City an easement for the water flow he could have the permits. After he did that, the City told him to improve the easement at a cost of $125,000. He took that to court and the jury agreed with him but the Judge overmled that decision. His attorney had discovered that Sunburst and Woodhill Apartments had paid the City $125,000 each for the creek on the project. That money disappeared from the City. Council Member Young asked for the address of the property which was not zoned properly. A1-Khafaji stated that the address was 3603 E. University beside the Chevron Station. Council Member Young asked about the construction on Dallas Drive and Duncan. A1-Khafaji stated that Texaco had spent half of the original amount on renovations rather than the full amount due to too many objections. Council Member Young requested that the City Manager investigate all allegations especially the double payment of utilities. 3. The Council received a report from Ross Melton regarding trial by jury and actions of the City Attorney. Mr. Melton stated that he had two lawsuits against the City and the City Attorney's office relating to implementation of the city's trash ordinance. In Denton there was no true trial by jury. Lawyers had a license which was freedom without responsibility. With the dismissal of his lawsuit in Sherman, it was indicated that there were no fights in municipal court. The Council did not follow the Constitution and rights. The City Attorney had a secrecy lid over Code Enforcement with regards to who received letters from the City. The citizens did not hear what the legal advice was from the City Attorney. He felt that he was considered a nuisance coming to Council so much. PROCLAMATIONS/AWARDS 4. Keep Denton Beautiful Yard of the Month Awards Mayor Miller presented the following awards: Residential - Sam & Nely Fleming John & Bettee Andrews Lou & Louise Kraft Francine Lancaster Business - Northwood Gardens Downtown - Allstate - Gene and Amy Cherrnay 108 City of Denton City Council Minutes July 1, 1997 Page 3 PUBLIC HEARINGS 5. The Council held a public heating and considered an ordinance approving a revised detailed plan for 70.654 acres in Planned Development 35 (PD-35). The subject property was located between U.S. 377 (Fort Worth Drive) and F.M 1830 (Country Club Road), approximately 1,700 feet south of Hobson Lane. (Planning and Zoning Commission recommended approval 5-0) David Hill, Director of Planning and Development, stated that this was a zoning proposal for a detailed plan for PD-35. The property was located between Highway 377 and F.M 1830. The public notice requirements were sent out with no responses either positive or negative. The Planning and Zoning Commission did have some individuals speak at the public hearing. The property was currently vacant with no platting. Several public improvements would be required including sewer service and an extension of a 12" water line. No traffic study had been done at this point in the proposal as those were normally done when the platting was submitted. PD-35 was previously approved in 1982 as a planned development with a combination of single family, duplexes, multi-family apartments and four- plex units. The total number of units possible was up to 347 dwelling units. There was a variable of the number units based on the number of bedrooms located in the multi-family apartments. The applicant had asked for a change in the planned development with the property configuration remaining the same. The existing and approved planned development had five points where local streets would connect with County Club Road and one on Highway 377. The proposed revision would be a cul-de- sac with two points of ingress/egress into the subdivision and one on Fort Worth Drive. The number of units would change with 301 single family detached units on a minimum of 5,000 square foot lots and fffieen quadraplexes for a total of 60 units. The total number of units would be 361 units which was an increase fi.om 347 units. Intensity was at 78%. While there were trees located on the site, many would be saved. The Planning and Zoning Commission recommended approval of the proposal. Council Member Beasley stated that this was not a zoning case as a planned development had already been approved on the site. Hill stated correct that the applicant was seeking to change the detailed plan for the planned development. Council Member Beasley stated that the applicant could have used the current approved plan. Hill replied correct. Council Member Young asked if the proposal complied with the Denton Development Plan. Hill replied yes. Council Member Young asked if green space would be donated by the developer. Hill replied no. City of Denton City Council Minutes July 1, 1997 Page 4 Council Member Durrance stated that the property was platted in 1981 and the planned development was done at that time. Hill replied no that the planned development was not developed and the property was vacant today. The planned development was processed in 1981 but never built. Council Member Durrance asked if the planned development was ever withdrawn. Hill replied not to his knowledge. Council Member Cochran asked for the number of acres of property which were in multi-family in the original plat versus the proposed plan. Hill stated that the total site was 70 acres. The original plat had approximately 30 acres in multi-family while the proposed plat had approximately 10 acres. Council Member Cochran asked about the average size of the single family lots in the original plat versus the proposed plan. Hill replied approximately a 6,000-7,000 square foot range. Council Member Kristoferson stated that the plat map indicated the minimum size was 5,000 square feet with most of the lots adjacent to 8,000-8,500 square foot lots on Highway 1830. She asked what the traffic flow study determined in regards to the necessity for tum lanes. Hill stated that some traffic counts were done for Highway 1830 which indicated a level of service C which was a minimum to work with with a capacity of 10,000 trips. From the site north, it was estimated that 90% of the traffic would go north to the City which would bring the traffic to 6,739 trips. As it proceeded north of Hobson Lane and combined with that traffic, the number would be 7,884 trips which was within the 10,000 capacity. Traffic counts for Ft. Worth Drive indicated an estimated capacity of 15,000 vehicles per day and to keep a level of service C, there was an existing 10,062 count south of the intersection at Country Club and with the new development there would be approximately 11,819 trips. Travelling north at the intersection of Fort Worth Drive and Country Club Road, the number went to 20,282. When combined with the new development it would be 22,039. Normally traffic impact analysis was not done during the zoning phase but rather was done during the platting. Probable improvements at the time of platting would be a requked left-hand turn lane and right hand deceleration lane turning into the site. A determination would be made for the intersection of Country Club Road and Fort Worth Drive as it was not currently signalized. Council Member Kristoferson stated that it was already a "C" and any future developments might change that to a "D". This was a traffic Count taken during the day in the summer when the school traffic was not taken into account. Hill stated that for lack of any data, one traffic count was done. Traffic counts were usually taken over a period of time at different times of the season in order to take into account any seasonal situations. This was only a rough guide. 109 110 City of Denton City Council Minutes July 1, 1997 Page 5 Council Member Kristoferson stated that the homeowners assodation would maintain the buffer trees on Highway 377. Who would be responsible for the trees until the association was formed and where would the money come fxom. Hill stated that until the property was transferred, the developer would be responsible. The City had a standard homeowners agreement which would cover those concerns. The association would be part of the contract of purchase. Council Member Young felt that it appeared that more trees would be planted than what currently was there. Hill stated that it appeared that there would be one tree for each quad lot. Council Member Young asked if the proposal met the development requirements of Charter and the Denton Development Plan. Hill stated that it was consistent with the Denton Development Plan and within the confines of the Charter. Council Member Durrance asked if the plan had changed since 1981. Hill stated that there were no changes since 1981. The Mayor opened the public heating. Doyle Cameron stated that the original zoning was for 93 apartments, 40 units of fourplex, 66 units of duplex for 209 units which were multi-family all in one grouping. The new configuration tried to disperse the density over the complete site. A majority of the lots were 7,500 square foot lots. The overall project was enhanced t~om the current planned development in place. He was currently building in various cities in the surrounding area. Council Member Young asked for the average price range of the homes. Cameron stated that he did not know at this point in time. The project would start with Phase I which would take 4-5 years to complete if the market did not go down. Council Member Young asked about the number of trees which would have to be removed. Cameron stated that all of the trees on Highway 377 would be kept. Far more trees Would be replaced than removed. Council Member Young asked if any kind of play area would be provided for children. 111 City of Denton City Council Minutes July 1, 1997 Page 6 Cameron stated that there would be open space allocated for the end of the project. This was a standard residential subdivision with no special park/recreation areas. A homeowners association would maintain the trees and entrance at~er 66% completion of the project. Council Member Cochran stated that the natural area along Highway 377 would not be a play area as it was on a busy street. Cameron stated that it would be fenced on both sides of the property. Jane Stapler stated that she had spoken at the Planning and Zoning Commission and would object to the proposal until further items were improved in the area. Her number one priority was the traffic problem on Highway 1830. The sewer line was already at capacity twice a day and this proposal would reduce additional capacities. There were trees all around in the area rather than only the few trees as indicated. She did not understand why the smaller lots were on the south side as there were pastures in that area and the larger lots could have been placed there. There would also be no play areas in the development for children. M.C. Birch stated that the sewer line would not be able to handle the proposed development. The exit on Highway 377 followed the railroad track through the development. There was also an overpass which would block the vision of those going out on Highway 377. Mr. Cameron was allowed a five minute rebuttal. He indicated that according to the City, the 15" service line that was there had a capacity of 1.6 million gallons per day and there was every indication that that would be no problem with the sewer line. They would be bringing water 1,800 feet down the line. He had talked with the City regarding tying some oversizing of the sewer line to another area to help. They were working with the City to maintain adequate sewer and water service. The Mayor dosed the public heating. Council Member Young asked if the water line on Highway 377 would be adequate to handle the development. Bob Nelson, Executive Director for Utilities, stated that stafffelt the line was adequate. Council Member Beasley asked if the State would reduce the speed limit on Country Club Road if the proposal was developed. Hill stated that the City could request a review for a signal at that intersection. Mayor Pro Tem Brock stated that if there was a problem with sewer service in the area, it would be solved by ratepayers across the City. Nelson stated that such a project would be in the CIP program in the future. Council Member Young asked about the number of years for full development of the proposal. Cameron stated that if the development was built as planned, only 100 lots would be built every two 112 City of Denton City Council Minutes July 1, 1997 Page 7 years. This would probably be a five year project or better. Council Member Kristoferson stated that she still had questions about the development. She felt that an adequate traffic safety flow study had not been done. There was no park development allowed for in the proposal plus the Council was beginning to discuss a Denton Development Plan. Kristoferson motioned, Durrance seconded to delay consideration until additional clarification on the dkection Denton wanted to go was received. Mayor Miller stated that a date was needed for the delay. Kfistoferson stated that it should be delayed until after the Denton Development Plan was completed and approved sometime in September/October. Council Member Cochran stated that he could see some improvements of the proposed plan over the approved one. There was, however, a vast increase in the number of single family lots with a reduction in the size of the lots. The curb cuts in the new proposal were not on Highway 1830 but all of the smaller lots with a higher density would be on Highway 1830 which could not handle a lot of traffic. The upgrading of the single-family homes and the higher intensity on the eastern end of the property was a concern due to the narrowness of the road. Mayor Pro Tem Brock asked for input fi.om the City Attorney regarding the motion to delay and if there would be a legal Problem to do that. City Attorney Prouty stated that there would be no problem but it would have to be done for similar type subdivisions. The Denton Development Plan would impact this subdivision and others. Council Member Young stated that he would be voting against the motion as this development would enhance the area. While the new development would create some traffic problems, it would bring diversity to the area. This was a good sound development, met the requirements of the current Denton Development Plan and delaying the proposal was sending out a bad signal to developers that the City did not want any new development. Not everyone could live in an expensive home. This was only a delay tactic which sent out a bad message to developers. Mayor Miller stated that he would vote against the motion as he was prepared to make a decision regarding the development. If the Council did not vote on the proposal, the planned development already approved could be developed. He felt he had enough information to make a decision at this point in time. Council Member Durrance stated that he seconded the motion due to the fact that the initial plan had single family-10 lots and now single family-5 lots were proposed. He was also concerned about traffic in the area and a lack of green space. The initial plan was done in 1981 with a different type of standards. He was concerned about a plan which had been in effect for many years and now having to chose between one of two plans. Council Member Beasley asked that if Council delayed this proposal, would all other developments have to be delayed. City of Denton City Council Minutes July 1, 1997 Page 8 113 City Attomey Prouty stated no, only if there was a similar subdivision and Council was concemed about the same items. Then Council would have to consider delaying other such proposals. Council Member Beasley asked ifa specific time would have to be set to reconsider this item. City Attomey Prouty stated that the Council would have to set a specific time to reconsider the proposal if the Denton Development Plan was not completed by October. City Attorney Prouty stated that when a delay was made, some type of time limit needed to be set. Council Member Beasley stated that the proposed plan was better than the first plan in some areas. She suggested considering this proposal in October if the Denton Development Plan was not completed by that time. In October it would come back to Council. Mayor Pro Tem Brock stated that this case reminded the Council about the urgent need for green space. There were no standards for such a requirement and she hoped a delay would allow for change in the requirements if necessary. Cameron stated that he could not wait until October for a decision on the proposal. It was a problem to put a subdMsion on hold. Council Member Young stated that many developers offered to give green space to the City but the park policy would not take pocket parks. The policy would not accept any less than 100 acres. That was why developers were not giving green space. Many developers had offered 5-15 acres but the City would not accept anything less than 100-200 acres which most developers could not do. There was a fenced area for children to play in with this proposal. Mayor Miller asked for City Attorney input regarding the impact of delaying this proposal. Would any zoning case using the Deuton Development Plan as a guideline have to be postponed. City Attomey Prouty stated that that could be the result of this as this proposal was consistent with the Denton Development Plan except for one area. If there was another case like this one which met the Denton Development Plan or had some inconsistencies, the Council might want to consider delaying that case also in order to treat similar cases similarly. If there were similar cases and the Denton Development Plan was used as a main guideline, similar or more inconsistent cases, had a precedent for delaying. Mayor Miller stated that the inconsistency of this proposal was insufficient green space. The proposal was inconsistent with a voluntary program established a number of years ago. City Attorney Prouty stated that traffic wag algo oxpregged ag a concern. Mayor Miller asked about implications for future cases. City Attorney Prouty stated that when there would be other cases which were consistent or almost consistent with the Demon Development Plan or cases more inconsistent, the Council might be setting 114 City of Denton City Council Minutes July 1, 1997 Page 9 a precedent to require delaying of other cases. Council Member Cochran understood that as long as the Council was specific about the aspect of the proposal to which it was objecting, only those cases, which were similar, would be affected. He suggested malting the motion more specific. Council Member Beasley asked if the proposal could be tabled for this meeting. City Attorney Prouty stated that the Council could table the proposal until the next meeting in order to receive input on the implications of a lengthy delay. With this case, the basic zoning was already in place. Council Member Beasley asked for a restatement of the motion. Council Member Kfistoferson stated that her primary concems dealt with a traffic flow count which did not reflect an adequate assessment of traffic, inadequate green space, and revisions and a review of the Denton Development Plan. She felt it was within reason to delay consideration until there was a consensus on the direction of development in Denton. Mayor Miller stated that the suggestion was to delay consideration until after the completion and approval of the Denton Development Plan. Council Member Cochran Mike suggested including a date for consideration. Council Member Kristoferson indicated October 1 st. Council Member Cochran asked about the status of the suggestion of Council Member Beasley to table until the next meeting. Mayor Miller stated that there was a motion already on the floor. Council Member Kfistoferson stated that she would be willing to withdraw her motion but her overall feeling was that consideration should be delayed until a development plan was in place, which the Council agreed with. She would consider delaying consideration to allow the staff to complete necessary research to the questions raised. Mayor Miller stated that the substitute motion was to postpone consideration until July 15th in order to receive information from staff Council Member Durrance agreed with the sUbstitute motion for his second. On roll vote to postpone until July 15th for additional information, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young ,nay", Brock "aye" and Mayor Miller "nay". Motion carried with a 5-2 vote. 115 City of Denton City Council Minutes July 1, 1997 Page 10 VARIANCES 6. The Council considered approval of an exaction variance to Section 34-114(17) concerning sidewalks. The 1.977 acre tract was located on the south side of University, west of Cindy Lane. (Starting Over Addition) (The Planning and Zoning Commission recommended denial, 6-0, at its meeting on June 25, 1997.) David Hill, Director for Planning and Development, stated that the property was located along an area which was relatively undeveloped. The purpose of an exaction variance was to show a situation in which the burden of the standard would be excessive. In this case, staff did not find that the cost comparison was significantly higher than a normal single family lot. There was also the possibility that other unplatted properties in the area would have sidewalks when platted and connection along that frontage. Council Member Young asked about other locations in the area with sidewalks. Hill stated that the school did not have a sidewalk but a residence west of the school had a sidewalk. Council Member Young asked how far that was from Starting Over. Hill stated that it was at least two properties removed. Bill Coleman stated that the existing sidewalks on either side of this property were 600-700 feet away and approximately 1,000 on the other side. Starting Over was requesting an exaction variance not so much that they objected to the sidewalk but it was an exaction considering what they were doing. The current sidewalks were associated with platting for new construction. This was not a new construction. They were having to plat in order to receive a certificate of occupancy. Sarah Gibbons stated that the sidewalk was the only thing preventing them fi'om occupying the house. They wanted to do the sidewalk but right now they had limited funds. They wanted to occupy the home to generate funds to build a sidewalk at a later date. There was only one sidewalk near the property but it was quite a distance from this property. Council Member Kristoferson asked when Starting Over would be willing to do the sidewalk. Gibbons stated that it would be six months to a year before they could do the sidewalk. Council Member Young stated that there was a large front yard on the property which was fenced. Gibbons stated that there was also a large backyard to play in. She stated that they needed to occupy the home in order to receive grant funds. If they had to do the sidewalk before occupying the home, they would not have money for clients. It would cost more than $1,700 for the sidewalk. Council Member Kristoferson asked what guarantees the City would have that the sidewalk would be built in a year. 116 City of Denton City Council Minutes July 1, 1997 Page 11 Hill stated that at times a temporary certificate of occupancy had been used. That however, put staff in a hard position to enforce and act on the inability to install the sidewalk and deny the certificate of occupancy in the future. City Attorney Prouty stated that it would be difficult to take away a permit once issued. Council Member Beasley stated the City was currently building sidewalks with City funds in locations where sidewalks previously were not required. She felt that sidewalks in this area would eventually connect. She questioned if there was a way to delay the requkement of a sidewalk and grant the certificate of occupancy. Hill stated that once a temporary or permanent certificate of occupancy was allowed, the City would be relying on good faith to install the sidewalk. Hill stated that the consultant indicated that perhaps a performance bond could be done. Council Member Cochran stated that the situation here was that this was a busy highway with no developments in the area or stores nearby for walking. Cochran motioned, Young seconded to approve the variance with no stipulation to install a sidewalk at a later date. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "nay", Brock "aye" and Mayor Miller "nay". Motion carded with a 4-3 vote. CONSENT AGENDA Brock motioned to approve the Consent Agenda and assodated ordinances. Council Member Durrance requested that Item #14 be pulled for separate consideration. Brock motioned, Durrance seconded to approve the Consent Agenda excluding Item #14. On roll vote, Beasley "aye", Kfistoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carded unanimously. Council Member Durrance asked about letters received regarding the rate review. Richard Foster, Public Information Officer, stated that the resolution only confirmed the formal action taken at the May 20th meeting approving the rates over which the Council had regulatory authority. The rates which the FCC would consider were a different.matter from these rates. Durrance motioned, Beasley seconded to approve Consent Agenda Item #14. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye" and Mayor Miller "aye". Motion carded with a 6-1 vote. 7. NO. 97-180 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES City of Denton City Council Minutes July 1, 1997 Page 12 OR SERVICES; PROVDING FOR THE EXPENDITURE THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Public Officials & Employees Liability Insurance) OF FUNDS (Bid # 2050 - NO. 97-181 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 # 2058 - Distribution Transformers) NO. 97'182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1997 PAYMENTS BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (P.O. # 75699 - TNRCC) 10. NO. 97-183 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND DEPARTMENT OF INFORMATION RESOURCES; PROVIDING FOR A DECREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE (P.O. #75355 Department of InformafionResources) 11. NO. 97-184 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND NTCS, INC. (DENTON); PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVDING AN EFFECTIVE DATE. (P.O. #75354 - NTCS, Inc.) 12. NO. 97-185 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAIl,ABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. #75700 - Hydrolab Corp.) 117 118 City of Denton City Council Minutes July 1, 1997 Page 13 13. 14. NO. 97-186 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. #75951 - Bobby Gray) NO. R97-027 A RESOLUTION ESTABLISHING THE MAX]MUM RATES THAT MARCUS CABLE ASSOCIATES, L.L.P. MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 97-187 AN ORDINANCE APPROVING A CERTIFICATION AGREEMENT.BETWEEN THE CITY OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 16. NO. 97-188 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE DAY NURSERY SCHOOL INC., TO PROVIDE FUNDING TO FRED MOORE DAY NURSERY SCHOOL INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 97-189 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY SCHOOL INC., TO PROVIDE FUNDING TO DENTON CITY-COUNTY DAY SCHOOL INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 119 City of Denton City Council Minutes July 1, 1997 Page 14 18. NO. 97-190 AN ORDINANCE APPROVING A CERTIFICATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 19. The Council considered adoption of an ordinance authorizing the City Manager to enter into a professional services contract with Teague, Nall ~d Perkins, Inc. for the design of the stream PEC-4 storm drainage improvements and the Ruddell Street bridge and channel improvements, authorizing the expenditure of funds therefore. Jill Jordan, Acting Director of Water/Wastewater Engineering, stated that this contract provided for the engineering design for plans for channel and culvert improvements. Council was briefed on this project in May and the schedule was in accordance with the schedule presented at that time. Approval of this contract would mean that the plans would be ready in approximately three months. Council Member Beasley stated that the City was going to engineer the project now so that it was ready when the bond 'money was available, and construction would be ready to begin. Jordan replied correct. The following ordinance was considered: NO. 97-191 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES -CONTRACT WITH TEAGUE, NALL AND PERKINS, INC. FOR THE DESIGN OF THE STREAiM PEC4 STORM DRAINAGE IMPROVEMENTS AND THE RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson 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 carded unanimously. 20. The Council considered adoption of an ordinance of the City of Denton, Texas providing for the establishment of the schedule of rates in connection with the sale of the City of Denton raw water to the Upper Trinity Regional Water District. 120 City of Denton City Council Minutes July 1, 1997 Page 15 Bob Nelson, Executive Director for Utilities, stated in 1992 the City entered into a contract to sell surplus water to the Upper Trinity Regional Water District. This was non-finn water to the District and if necessary, there was the option to not provide the water. Council Member Kristoferson asked if the water being purchased could be resold at a higher rate. Ndson replied yes that the District would be reselling the water to Argyle, Flower Mound, etc. City Attorney Prouty stated that this was a wholesale water contract as opposed to a retail contract which meant that the District would be selling it to other customers. Mayor Miller stated that the District would also be treating the water before it was sold which would add to the cost. The following ordinance was considered: NO. 97-192 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE ESTABLISHMENT OF THE SCHEDULE OF RATES IN CONNECTION WITH THE SALE BY THE CITY OF DENTON OF RAW WATER' TO THE UPPER TRINITY REGIONAL WATER DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor l¥Caller "aye". Motion carded unanimously. 21. The Council considered adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1 (c) (2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system. (Pro Youth Rodeo Association) Veronica Rolen, Administrative Assistant, stated that this request was from the Pro Youth Rodeo Association. This was their annual event for which they had requested an exception for the past three years. The Association was requesting a three year exception. The following ordinance was considered: NO. 97-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. City of Denton City Council Minutes July 1, 1997 Page 16 121 Beasley motioned, Young 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 nominations/appointments to the City's Boards and Commissions. The Council made nominations to the Board/Commissions as indicated in the agenda materials. 23. Miscellaneous matters from the City Manager. City Manager Benavides updated Council on the upcoming TML Conference in Waco. 24. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Kristoferson asked staff to explore the possibility of a moratorium on zoning issues for a period of time and the legality associated with that moratorium. B. Council Member Cochran asked staff to research the possibility of streamlining the process for appointments to the Historic Landmark Commission. C. Council Member Cochran requested that Council reconsider the allowance for non-city residents to be members of the Airport Advisory Board. D. Council Member Cochran asked for a Work Session item to consider a sample petition and referendum for reference for citizens. E. Mayor Pro Tern Brock asked that a staff report regarding the reasoning of the removal of the ducks from the Radisson property be sent to the Denia Area Neighborhood Association. F. Council Member Young stated that there were no Blacks on the Sales Tax Advisory Committee. He had a recommendation to appoint Melonie Simmons for that board. G. Council Member Young noted potholes on Angelina Bend and on Rio Grande. 25. The Council did not meet in a continuation of Closed Meeting. 26. There was no official action taken on Closed Meeting items discussed under Section 551.071- 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:50 p.m. 122 City of Denton City Council Minutes July 1, 1997 Page 17 g~R w~ CvITY SECRETARY CITY OF DENTON, TEXAS ACC0039F ~{:1~.4.., _ l~ a cm, roF r~mou, ~XAs