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Minutes August 05, 1997CITY OF DENTON CITY COUNCIL M1NUTES August 5, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, August 5, 1997 at 5:45 p.m. in the Police Department Conference Room of the Denton Municipal Complex. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. Closed Meeting: A. Consultation with Attorney -- Under TEX. GOV'T. CODE Sec. 551.071 Discussed with City's attorneys and considered mediation, settlement, and strategy in the claim of Constance Tetreault against the City of Denton, alleging wrongful death in the drowning of Michelle Jimeno. Consultation with Attorney -- Under TEX. GOV'T. CODE Sec. 551.071 and deliberations regarding real property under TEX. GOV'T. CODE Sec. 551.072 Discussed and considered property purchases and proposed damage claims relating to expansion of the City's landfill located at 5166 Foster Road. Discussed and considered acquiring additional right-of-way on Lakeview Boulevard from U.S. 380 to McKinney Street. Discussed and considered a real estate contract with Bob E. Tripp, Trustee, David E. Tripp, Trustee and Celia Tripp Reid, Trustee, for the purchase of approximately 1.302 acres tract of land known as Parcel No. 39, Part 1 & 2, U. S. Highway 77, Denton, Denton County, Texas for the U. S. Highway widening project. Conference with Employees -- Under TEX. GOV'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, August 5, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. 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 May 6, 13, and 20, 1997. City of Denton City Council Minutes August 5, 1997 Page 2 Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. PRESENTATIONS/AWARDS Mayor Miller recognized Boy Scout Troop 132 attending the meeting. 3. Keep Denton Beautiful Yard of the Month Awards. Mayor Miller presented the following awards: Joyce and Bennie Gabe Snider Glenda Dial Stanley and Shirley Sawyer John & Melony Bradley Classic Corrugated - Commercial Award Courtyard of Ann's Haven Hospice - Downtown Business Award CITIZEN REPORTg 4. The Council received a citizen report from Barry Vermillion regarding additional funding/resources for the Friends of Denton County History, Inc's. project of preserving Pinckneyville. Mr. Vermillion stated that he represented the Denton County History's Inc. project of preserving Pinckneyville. The Association was created to study and preserve those historical items and facts associated with Denton County. The Association wanted to be a fund raising organization to collect and disseminate funds to preserve Denton County's history. Three primary fundraisers were planned to help with their projects. Pinckneyville was the first county seat of Denton County and was one of their major projects for preservation. 5. The Council considered a request for an exception to the noise ordinance for the Inter- Agency Youth Planning Committee Pool Party on August 12, 1997 at the Civic Center Pool from 8:00 p.m. until 12:00 midnight. Janet Simpson, Superintendent of Leisure Services, stated that she was representing the Inter- Agency Youth Planning Committee. This committee was working on programs for on-going activities for the youth in the City. The first event would be next Tuesday with a pool party. Because the time for the party extended beyond 10:00 p.m., they were requesting a noise exception. Beasley motioned, Brock seconded to approve the exception. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. PIIBI]C HEARINGg City of Denton City Council Minutes August 5, 1997 Page 3 6. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit for the purpose of a governmental office, yard and shop for the Denton Independent School District. The 10-acre site was located on the east side of Mayhill Road, south of Mills Road. (Z-97-018) (The Planning and Zoning Commission recommended approval 7-0.) David Hill, Director of Planning and Development, stated that the facility would be the new DISD Service Center. The Planning and Zoning Commission recommended approval. The site was a 10-acre tract located next to Ryan High School. Surrounding properties were zoned agricultural with some light industrial in the area. The proposal was somewhat inconsistent with DDP in the area of allocation of intensity trips and green space. It was significantly inconsistent with other governmental facilities in the area. Those facilities were Ryan High School and the bus barn. The fact that this was a governmental use and incidental to school operations put it in a different category than other specific use permits. The south side of the tract would have a large retention pond as other drainage in the area went a different way. The Mayor opened the public hearing. Russell Bates stated that the facility would be a warehouse and office location for the DISD Service Center. The proposal would be improving Mayhill and the drainage for the facility. Council Member Cochran asked how much traffic would be generated. Bates indicated that there would be more in the morning with individuals picking up service vehicles for the day. Council Member Young expressed a concern for the residents on Carpenter Road. He asked what kind of items would be stored on the site such as gas and oil. If items were stored underground, he did not want them to get into the area resident's wells. Bates indicated that there would be nothing of that type stored at the facility. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-209 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ON 10 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, SOUTH OF MILLS ROAD TO ALLOW FOR GOVERNMENTAL OFFICES, MAINTENANCE SHOP AND A WAREHOUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran 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. 7. The Council held a public hearing inviting citizens to comment on the proposed usage of City of Denton City Council Minutes August 5, 1997 Page 4 1996 Local Law Enforcement Block Grant funding. Mike Jez, Executive Director of Operations, stated that the City had been notified of its eligibility for a grant award in conjunction with the Omnibus Appropriations Act of 1996. The Police Department made application and received approval for this funding, designating its use for equipment, with the intent of purchasing mobile data computers. A public hearing had to be held prior to the expenditure of those funds. Prior to the obligation of any funds, an advisory board that included representatives of groups with a recognized interest in criminal justice and crime had to be established to review the application and make a nonbinding recommendation for the use of the funds. That board had been formed and met in June and recommended using the funds for mobile data computers. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. ~(}N~ENT AGENDA Mayor Miller indicated that Item #11 had been pulled from consideration. Council Member Beasley indicated that #17 needed a designation for a nominee. Mayor Miller indicated that Item # 17 would be considered separately. Council Member Beasley nominated Olive Stephens to the Board. On roll vote for Item #17, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. Durrance 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. 8. NO. 97-210 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 #2067 - Annual Price Agreement for Wood Utility Poles) NO. 97-211 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2065 - Single Family Home Construction) City of Demon City Council Minutes August 5, 1997 Page 5 10. 11 12. 13. 14. 15. 16. NO. 97-212 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2069 - Fort Worth Drive Utility Relocation) Pulled from consideration. NO. 97-213 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 #2062 - 26 Passenger Paratransit Bus) NO. 97-214 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. #76615 - Cullium Pipe System, Inc.) NO. 97-215 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. #75694 - The Provident Group) NO. 97-216 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR FINANCIAL ADVISORY SERVICES AND OTHER FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDING AN EFFECTIVE DATE. NO. R97-031 A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. City of Demon City Council Minutes August 5, 1997 Page 6 17. NO. R97-032 A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. 18. NO. 97-217 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH RUST LICHLITER- JAMESON FOR PROFESSIONAL ENGINEERING SERVICES ON THE RANCHO DEL LAGO LIFT STATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 19. NO. 97-218 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH CARTER & BURGESS, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN THE DENTON WEST LIFT STATION FORCEMAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 20. NO. 97-219 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; REPEALING ORDINANCE 97- 134; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 21. NO. 97-220 AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES SET FORTH HEREIN, TO HOLD MEETINGS OUTSIDE OF CITY HALL; VALIDATING PREVIOUS MEETINGS AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. ITEM~ FOR INDIVIDIIAI~ C,{}N~IDERATII}N 22. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract between the City of Denton and Hickory Creek Development Partners, City of Denton City Council Minutes August 5, 1997 Page 7 LTD., a Texas Limited Partnership; 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 therefor. Howard Martin, Director of Environmental Services, stated that the City was proposing to purchase two lots which were adjoining the raw water pump station on Lake Lewisville. This would benefit the City as it would provide a buffer from the adjacent residential development and help the City avoid complaints about noise, lights, large truck traffic, etc. associated with the pump station facility. Mayor Pro Tem Brock stated that this item had been discussed before and she agreed with the need for acquiring the property. An earlier discussion indicated a smaller purchase price. She asked if the higher cost was a result of development in the area that elevated the price of the property. She questioned if an appraiser had looked at the property. Martin replied that the cost of the land had increased since the budget was prepared because it was now a developed property rather than raw land. Council Member Kristoferson asked if there were any additional purchases of this sort scheduled in the CIP. Martin replied that there were many facilities that could be purchased for a future lift station site but much depended on how the basis was developed. It would be difficult to pinpoint exact locations of a future site. The following ordinance was considered: NO. 97-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HICKORY CREEK DEVELOPMENT PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP; 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Young 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. 23. The Council considered adoption of an ordinance authorizing the City Manager to execute on behalf of the City of Denton a supplemental agreement to Contract No. 182XXM5013; said contract was with the Texas Department of Transportation and was entitled "Agreement for the installation and reimbursement for the operation and maintenance of traffic signals within a municipality"; the supplemental agreement was entitled supplemental agreement "04" and shall City of Denton City Council Minutes August 5, 1997 Page 8 amend Exhibit "1" of the above contract by adding the traffic signal at I.H. 35E and McCormick Street; such supplemental agreement shall further amend Article "4" of the contract, entitled "compensation", by increasing the reimbursement for the City's maintenance costs for this traffic signal at I.H. 35E and McCormick; providing a savings clause and providing a repeal clause. Rick Svehla, Deputy City Manager, stated that this agreement would increase the number of signalized intersections along the interstate maintained by city crews to nine. The following ordinance was considered: NO. 97-222 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OF DENTON, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF DENTON A SUPPLEMENTAL AGREEMENT TO CONTRACT NO. 182XXM5013; SAID CONTRACT IS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND IS ENTITLED "AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY"; THE SUPPLEMENTAL AGREEMENT IS ENTITLED SUPPLEMENTAL AGREEMENT "04" AND SHALL AMEND EXHIBIT "1" OF THE ABOVE CONTRACT BY ADDING THE TRAFFIC SIGNAL AT I.H. 35E AND MCCORMICK STREET; SUCH SUPPLEMENTAL AGREEMENT SHALL FURTHER AMEND ARTICLE "4" OF THE CONTRACT; ENTITLED "COMPENSATION", BY INCREASING THE REIMBURSEMENT FOR THE CITY'S MAINTENANCE COSTS FOR THIS TRAFFIC SIGNAL AT I.H. 35E AND MCCORMICK STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEAL CLAUSE; AND DECLARING 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 carried unanimously. 24. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Bob E. Tripp, Trustee, David E. Tripp, Trustee and Celia Tripp Reid, Trustee, for the purchase of approximately 1.302 acres tract of land known as Parcel No. 39, Part 1 & 2, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway widening project; and authorizing the expenditure of funds therefore. Rick Svehla, Deputy City Manager, stated that this would be the first tract of land purchased for the right-of-way for US 77. The following ordinance was considered: NO. 97-223 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH BOB E. TRIPP, TRUSTEE, DAVID E. TRIPP, TRUSTEE AND CELIA TRIPP REID, TRUSTEE, FOR THE PURCHASE OF APPROXIMATELY 1.302 ACRE TRACT OF LAND KNOWN City of Denton City Council Minutes August 5, 1997 Page 9 AS PARCEL NO. 39, PART 1 & 2, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. 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. 25. The Council considered approval of a resolution to declare the intent to reimburse expenditures for miscellaneous drainage projects with bond proceeds. Rick Svehla, Deputy City Manager, stated that this resolution would reimburse the costs for bond projects from bond issues that would be sold in the future. Two weeks ago the Oversight Committee had recommended spending the excess funds on the Spencer Road Culvert project near Mayhill. The following resolution was considered: NO. R97-033 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. Beasley 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. 26. The Council considered approval of a resolution authorizing the City of Denton, as Trustee and for itself, to solicit sealed bids from the public regarding the sale of real property; consenting to the sale of certain real property to the highest bidder by means of public sealed bids; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code. Jon Fortune, Director of Budget, stated that in August of last year, a suit was filed on this property to collect back taxes. In June, the property was offered for sale but no sufficient bids were received. This resolution would allow the property to be sold for an amount less than the judgement of the Court. The following resolution was considered: NO. R97-034 A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE AND FOR ITSELF, TO SOLICIT SEALED BIDS FROM THE PUBLIC REGARDING THE SALE OF REAL PROPERTY; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER BY MEANS OF PUBLIC SEALED BIDS; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT City of Denton City Council Minutes August 5, 1997 Page 10 WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. 27. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Miller indicated that Council Member Durrance had nominated Russell Elleven for the Historic Landmark Commission. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. City Manager Benavides appointed Popo Gonzalez to the Civil Service Commission. 28. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 29. New Business There were no items of New Business suggested by Council for future agendas. 30. Possible Continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. The Council did not meet in a continuation of the Closed Meeting. 31. Official action on Closed Meeting items hold under Sections 551.071 - 551.085 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business the meeting was adjourned at 8:30 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY City of Demon City Council Minutes August 5, 1997 Page 11 CITY OF DENTON, TEXAS