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Minutes September 23, 1997CITY OF DENTON CITY COUNCIL MINUTES September 23, 1997 The Council convened into a Work Session on Tuesday, September 23, 1997 at 3:00 p.m. in the Police Training Room of the Denton Municipal Complex. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, and Young. AB SENT: Mayor Miller and Council Member Durrance 3:00 p.m. 1. The Council received a presentation by Linda Cherrington regarding planning for transit-oriented development. Council Member Young stated that he objected to the meeting being held at this time as it excluded the working public. He suggested no more meetings at this time of day. Linda Cherrington, LKC Consulting Services, Inc., presented the outline for the session on planning for transit oriented development. She suggested that the goals for Denton were to maintain good mobility, minimize congestion and investigate principles of urbanism. Transportation and land use issues included suburbanization, development geared toward the automobile, coordination of land use planning, transportation planning, and public policy. The presentation reviewed the demographics, regional growth, and travel time to work as shown in the agenda back-up materials. The Denton situation included TWU student population and UNT student population and the fact that 84% of the students lived off-campus. Challenges for Denton in the area of transportation growth included population growth, driving more, and most people driving to work alone. Land use patterns, changing demographics challenges, and air quality challenges for Denton were discussed. Transit in the region included commuter rail, light rail transit in the region and local city transit. Council Member Durrance arrived at the meeting. In regards to transit in Denton, SPAN provided a fixed route service with four routes operating Monday-Friday 6:00 a.m. -7:00 p.m. and Saturday 9:00 a.m. - 3:00 p.m. An ADA paratransit service with demand response, 24-hour advance request was also provided which was complementary to a fixed route. Mayor Miller arrived at the meeting. Ideas for the future included expanding the local transit service in Denton, providing subregional coordination, providing shuttle service between the universities and downtown, establishing express service to Dallas, Fort Worth, the DFW Airport and major destinations, establishing regional transportation planning, providing rails to trails corridor regional rideshare programs, and working with NCTCOG on planning. Conclusions suggested included planning for transportation, land use, and other infrastructure was interdependent, the City should be aware of the D/FW region when analyzing needs for transit in the community, and the first steps lie in local transit projects, supportive land use policies and regional involvement. Council Member Young suggested some type of shuttle service from Denton to Intel and other corporations at Alliance Airport. Mayor Miller stated that transportation was part of the planning process and it affected zoning. A second consideration was how to develop more areas of transportation. The University of North Texas had a bus system from Fort Worth and Dallas with not much ridership at this point in time. City of Denton City Council Minutes September 23, 1997 Page 2 Some students had a difficult time getting to UNT. Mayor Pro Tem Brock stated, in addition to the emphasis at the universities that they were a metroplex draw for students, there needed to be an emphasis on transit on the university campus. There was a need for safe bike lanes for students to get to and from home and classes. There were few places for individuals to walk to get around in the City. Council Member Cochran stated that the combination of buses and bikes together was perfect. An individual could ride a bike to the bus line and take the bus to work/school. Mayor Miller stated that funding for bike routes was part of the funding for the current transportation program. Council Member Beasley asked about the commuter rail service to Dallas. Rick Svehla, Deputy City Manager, stated that the City had the right-of-way but no tracks at this point in time. Mayor Pro Tem Brock stated that figures showed that Denton was not as much a commuter city as it was thought and that people were coming into Denton to work. She suggested having commuter centers for commuters to pick up buses to take them to the major employment centers. Council Member Young stated that most of Denton's traffic was coming from areas around Denton and people coming to the City to work and to pass through Denton to Dallas for work. Council Member Cochran questioned what was next in the development. Dave Hill, Director for Planning and Development, stated that the City needed to deal with transit in the existing environment and look at future ways to better the mobility in Denton. The City needed to provide a choice for mobility rather than automobiles. Council Member Durrance stated that there was a need to start talking about pedestrian friendly issues when considering future proposals. What kind of public transportation would be available for residents. 2. The Council received a report and gave staff direction regarding amending Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances relating to the prohibition of off-premise signs within the City of Denton and both off-premise signs and portable signs within the extraterritorial jurisdiction of the City of Denton and amending regulations applicable to temporary and nonconforming signs. Dave Hill, Director for Planning and Development, stated that this would be a review of thee draft amendments to signs and advertising devices in the Code of Ordinances. The draft ordinance had to fit into the existing overview of the existing sign ordinance. There were five suggested changes to the Code that would be affected by the draft ordinance. Those five changes included (1) definitions to accurately reflect the same language as State legislation; (2) new off-premises signs and portable signs would be prohibited in City of Denton and in the extraterritorial jurisdiction; (3) a sign control board would be created to consider removal of signs through a process detailed by State law; (4) procedures in the current ordinance which dealt with damaged signs for repair/replacement needed to be clarified; City of Denton City Council Minutes September 23, 1997 Page 3 and (5) requirements for time limits for temporary signs. Staff was prepared for a public hearing on October 7th if desired by Council. It was past the posting date for Council to take action on this item but a public hearing could be held on both October 7th and 21 st and Council consider the ordinance on the 21st. Mayor Pro Tem Brock stated that there were four questions that the Planning and Zoning Commission considered which were the same ones Council was dealing with. Hill stated that staff took the stance that the draft ordinance would contain the level of regulation permitted by State and Federal law and then indicate that that was the limit and the regulations could be relaxed if desired. The regulation on damaged billboards could not be more restrictive than the current regulations. Council Member Cochran asked if the draft ordinance would address the problem of vegetation removal around signs. Hill stated when off-premise signs were originally replaced, there was the possibility that roadside vegetation would block the view. His experience was that without any kind of regulations to guide, sign owners would remove the vegetation to make the signs more visible. He felt that would be taken care of during the landscape revisions. Mayor Miller asked about cities with provisions to purchase signs. Hill stated that staff was working on obtaining that information. Houston did remove signs with a potential compensation cost of large sign and at various locations at $40,000-80,000 to purchase a 627 square foot billboard. Mayor Miller stated that he supported the idea of a moratorium on signs but had trouble with the purchase of signs. There were many unmet needs in the community that were more important than purchasing signs to take down. Mayor Pro Tem Brock felt that this issue would be decided by people through their elected representatives or might be on a bond election. Even if legislation were approved, it would not have any effect until it was included in a budget in the future. Council Member Durrance asked if signs were considered real property, personal property or a combination. City Attorney Prouty stated that it was more of a combination. The calculation of cost was treated as real property. Based on statutes, the City could not amortize without paying for the signs. Council Member Young felt that the City should leave the sign ordinance alone. Signs attracted business and if signs were outlawed, many people were out of business. Business people would not stand for this proposal and he would be against this type of legislation. Government should not interfere with private enterprise and the Council needed to let the people vote on this issue. Those Council Members who were up for re-election next year might have a hard time if they voted for this ordinance. Council Member Beasley suggested that Council not add comments about re-election and not attack City of Denton City Council Minutes September 23, 1997 Page 4 each other personally. Mayor Miller stated that this was not about outlawing signs but rather was about not adding more off- premise signs. Council Member Cochran agreed with not spend money on buying and removing signs. He asked if the sign board would be a mechanism to do other kinds of activities. Hill felt that the sign control board was designed to take care of a narrow type of activity. If there were a voluntary program for reduction of signs, staffwould administer that type of program. City Attorney Prouty stated that the board existed for the determination of the compensation of signs. There were alternatives to paying cash such as abating taxes, allowing ad valorem taxes to a special fund and a provision to issue sign abatement revenue bonds. Mayor Pro Tem Brock stated that the proposal was to prohibit new off-premise signs and, in particular, billboards. This was not anti-business as two cities that had such ordinances were on an economic boom. This issue was important due to the potential growth along the I35 corridor, especially along the area by the Texas Speedway. This was a good time to guarantee that Denton entranceways would be beneficial to Denton. Brock motioned, Kristoferson seconded to proceed with recommendation #1 and #4 but not #5. Mayor Pro Tem Brock disagreed that this would discourage business. Businesses in Denton would be allowed on-premise sign. Mayor Miller stated that the motion was to proceed with the recommendation #1 and #4 but not #5. He did not feel this was anti-business. This dealt with the type of community Denton wanted. 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. After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, September 23, 1997 at 6:00 p.m. in the Police Conference Room of the Denton Municipal Complex. 1. The Council considered the following in Closed Meeting: A. Personnel Matters -- Under TEX. GOV'T. CODE Sec. 551.074 Considered duties, evaluation and salary adjustments for the City Manager, City Attorney and Municipal Judge. B. Deliberations concerning Real Property--Under TEX. GOV'T. CODE Sec. 551.072. Discussed and considered approval of an ordinance authorizing the City Manager to execute a revised real estate contract option to acquire additional real property wherein the City of Denton, Texas obtains rights to acquire a certain 18.969 acre tract of land situated in the David Hough Survey, Abstract City of Denton City Council Minutes September 23, 1997 Page 5 Number 646, for public use. 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. Special Called Meeting of the City of Denton City Council on Tuesday, September 23, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. N(}I~E EX~CEPTI(}N 1. The Council considered a request for an exception to the noise ordinance for a "Pops in the Park" concert on Sunday, October 5, 1997 from 3:00 - 6:00 p.m. in the Civic Center Park. Cochran motioned, Young seconded to approve the exception beginning at 2:00 p.m. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. plllll lC, HEAR1NG~ 2. The Council held a public hearing and considered an ordinance to rezone 17.732 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district and 11.684 acres from the Agricultural (A) zoning district to the Heavy Industrial conditioned (HI[c]) zoning district. These tracts were located on the west side of Interstate 35 West, south of Airport Road and north of Metro Street. (Z-97-014) (The Planning and Zoning Commission recommended approval 5-2.) Dave Hill, Director of Planning and Development, stated that this item would rezone a 17.732 acre site from agriculture to light industrial and heavy industrial with conditions. The heavy industrial zoning would be on 11.684 acres for a concrete batch plant. This was an area which had agricultural zoning surrounding it and to the north and south was light industrial uses. Access to the site would be from the I35W frontage road. This property was not currently platted and a plat would have to be done in order to be developed. At that time, the public improvements necessary for utility drainage easements and others would be addressed. The property was also subject to the 20% rule for approval that would require 6 affirmative votes from Council. Two property owners out of 13 notified were in opposition that represented 40% in opposition. There was one property owner in favor of the proposal that represented the applicant. The Planning and Zoning Commission recommended approval with five conditions imposed on the heavy industrial site. Regulations dealing with the TNRCC rules were also included. The Planning and Zoning Commission discussion dealt with air borne dust and other problems with this type of operation. The conclusion was that there were provisions to water down materials which were imposed by the State. The proposed use was appropriate by the Denton Development Plan as the special purpose center was for an intense use area. The zoning around the property was light industrial usage and there was a non-conforming use of a batch plant not very far away. He been requested to look at traffic counts in that area and the only one they had was at Airport Road, west of the frontage road. The volume registered at 7,000 vehicles with capacity of the roadway not being a problem. Council Member Durrance asked about access into the property. Hill stated that the frontage road was in front of the property and the access road would be built off of City of Denton City Council Minutes September 23, 1997 Page 6 that. Council Member Durrance asked if there was an indication at this point in time of the number of trips for the heavy equipment. Hill stated that there would be no restriction on time of operation or the number of vehicles on the site. Council Member Kristoferson asked if there would be an excessive amount of road damage comparable to the other non-conforming plants and was the State maintaining the road adequately. Hill stated that there were places where the road was not in good condition. He could not answer the question regarding life expectancy. Council Member Kristoferson asked if this proposal were approved, would it be setting a precedent for heavy industrial in the area. Hill stated that it might open the door for other heavy uses with conditions. Council Member Beasley asked if the property would be fenced all around the heavy industrial usage with trees. Hill relied yes but not on the access road. Council Member Young asked about single family homes in the area. Hill stated that there were several light industrial uses in the area. Those uses created questions on how the agricultural property in the area would be affected. The Mayor opened the public hearing. Greg Scott stated that Lattimore Materials was proposing this development. They had many plants in the metroplex area and previously had a plant in Denton on Willow Springs that was unsuitable as it was in a residential zoning area. Lattimore kept a permit in place for TNRCC if needed. They found only one area in Denton for such a plant but did not want to purchase the entire amount of acres. Lattimore would sell off the portion that would not be used. It would be a cost to Lattimore for the amount of trees they would be required to plant but they wanted to be good neighbors. The property was located in an industrial setting so that residential development would not be a problem. Service roads were maintained by the State with the same type of regulations as the highways. Surety bonds were issued on all trucks for damage to roads. Lattimore was trying to be a good neighbor. They were ready to move out of the Willow Springs area and into an area that was proper for this type of business. Council Member Beasley asked what Lattimore would be doing with the Willow Springs location. Scott replied that he had been authorized by the company to dismantle the plant and put the property up for sale. Council Member Young asked about the high tech plant that would be built. City of Denton City Council Minutes September 23, 1997 Page 7 Scott stated that all new plants would have a reclamation system in the plant. This would take left over concrete and put it through a machine into a holding pond. This eliminated all waste and everything was recycled. They would also be purchasing a street sweeper to vacuum up the dust from the plant. Council Member Young asked what guarantees there would be that there would not be problems with dust in area. Scott stated that the company had a weekly monitoring program and a checklist to look at all the equipment. Council Member Cochran asked about the number of deliveries per day Scott stated that that would be customer driven with some days having more than others. This would be a ten truck operation that would average 4 trips per day. Council Member Kristoferson stated that the TNRCC regulations did not allow for visible emissions. She questioned why visible emissions were seen on other plants. Scott stated that some plants were operating under the permitted plants regulations. They operated under an exemption and to do so had to meet the TNRCC guidelines. A plant could operate under a permit and was allowed to have a certain amount of discharge per year into the atmosphere. Lattimore did not have any plants operating under permits. Mayor Miller asked what kinds of neighborhoods their other operations were located in. Scott stated that the Plano plant had been in operation for 25 years. Currently there was light industrial warehouses on three sides. The fourth side was in development. The Lewisville location was in a light industrial neighborhood. The McKinney plant was at the edge of the city and they were going to move the Frisco plant as Highway 121 development was taking out that plant. Most of the plants were built away from development. Leo Gertz stated that Dallas Peterbilt supplied Lattimore with trucks. There were no dirty new concrete plants as they were all regulated by the State. Lattimore installed speed limits on the trucks when purchased. The company would help promote jobs in Denton and was a good customer for Peterbilt. He felt Lattimore would be a good neighbor for Denton. Council Member Beasley asked how the Denton Peterbilt plant would feel about this plant near them. Gertz stated that Lattimore purchased many trucks from them and was a good customer for Peterbilt. J. W Jagoe urged the Council to consider the building. Businesses created something the City did not have before and he urged the Council to vote in favor of the request. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes September 23, 1997 Page 8 NO. 97-279 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT iNDUSTRIAL (LI) AND HEAVY iNDUSTRIAL CONDITIONED (HI[C]) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 29.416 ACRES LOCATED ON THE WEST SIDE OF INTERSTATE 35 WEST, SOUTH OF AIRPORT ROAD AND NORTH OF METRO STREET; PROViDiNG FOR A PENALTY IN THE ~ AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROViDiNG FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. Council Member Beasley asked if all surrounding businesses were notified about the rezoning and no opposition was received. Hill stated that staff had not received anything from them. Mayor Miller stated that there was a considerable amount of land adjacent to the proposal which was unsold and undeveloped and that property owner was not in opposition. Hill replied correct. Council Member Beasley stated that she had been to one of the new plants in operation that was very clean. She was concerned about traffic but if light industrial were in that location, there could be as much traffic depending on the type of operation. The transition would be light industrial to heavy industrial with no residential zoning in the area. She felt the trees and fence would help screen the plant from I35. Hill stated that as recommended from the Planning and Zoning Commission, without restrictions on the light industrial site, an off-premise sign could be installed. Mayor Miller stated that a major concern of his was the impact this would have on further development in the area. He decided that the property was compatible with the industry in the area. He was also concerned about the scenic corridor and the aesthetics of the area but felt that the screening proposed would be adequate. Council Member Cochran stated that he would be in support of the proposal as it was compatible with the area land use. This proposal would be mixed in with other industrial uses. Council Member Kristoferson asked if Lattimore would accept a condition to not have an off-premise sign (a high rise billboard) on the light industrial property. Scott stated that they would not have a problem with that as they intended to develop it for commercial purposes. Mayor Pro Tem Brock stated that this was a very difficult decision as this was a necessary industry which needed to be located somewhere. She was concerned about the proposed location and would City of Denton City Council Minutes September 23, 1997 Page 9 be voting against the proposal due to her concern for entranceways. She questioned what would develop on the light industrial portion that would be next to concrete batch plant. There was quality industrial development on Airport Road and these were areas that should be developed into high quality industrial development. This proposal did not further that cause. The impact on surrounding properties was serious. Much development was coming to Denton and there was a need to determine the type of development that was desired. Council Member Durrance stated that he still had several conflicts in his mind with regards on how this should be approached. It had been asked if this proposal was consistent with good planning for the future and he was not certain that it was. He had reviewed the maps previously discussed in the Denton Development Plan and his notes taken during the discussions of the Plan. This was not a question of economic development nor the type of company to be located there. The concern was if this type of development was appropriate in a scenic corridor. The proposal attempted to compensate for that and in a fashion for both the plant and the City. He would have liked to have heard from local businesses in the area for discussion and their lack of opposition implied that they did not object to this location. He had great reservations about the effects of the development but would be voting in favor of the motion. This situation brought to light the need to complete the revisions of the Denton Development Plan as quickly as possible. On roll vote to adopt the ordinance with the added condition of no off-premise sign on the light industrial portion of the development, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 3. The Council held a public hearing and considered an ordinance to rezone 1.849 acres from the Single Family Conditioned (SF-7[c]) zoning district to the Planned Development zoning district with approval of a detailed plan for an amenity center. The 1.849 acres was located approximately 2,000 feet southeast of the intersection of Lillian Miller and Teasley Lane. (Z-97-021) (The Planning and Zoning Commission recommended approval 7-0.) Dave Hill, Director for Planning and Development, stated that this was a rezoning from SF 7 to Planned Development for an amenities center. Access to the site would be from Lillian Miller Parkway and Teasley Lane. There was no neighborhood meeting as the property was currently undeveloped. This was a larger site with a meeting center and pool with more parking spaces than an amenities center for a similar development. The Mayor opened the public hearing. Bob Shelton stated that there was an existing barn that would be remodeled for a meeting center. Mayor Pro Tem Brock asked if the developer would install bike racks on the site. Shelton replied yes. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes September 23, 1997 Page 10 NO. 97-280 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 1.849 ACRE TRACT LOCATED APPROXIMATELY 2,000 FEET SOUTHEAST OF THE INTERSECTION OF LILLIAN MILLER PARKWAY AND TEASLEY LANE; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran 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. VARIANCES 4. The Council considered approval of an exaction variance to Section 34-114-(5) of the Code of Ordinances concerning perimeter street paving. The 0.499 acre tract was located southwest of the intersection of Sunset Drive and Bolivar Street. (T. N. Skiles Addition) (The Planning and Zoning Commission recommended approval 6-0.) Dave Hill, Director of Planning and Development, stated that this variance was related to a residential replat. The property owner was making improvements on the land. One large lot would be divided into two lots. The city's ordinance required perimeter improvements be made for curb and gutter with curb cut. The perimeter paving would be from the centefline of adjacent street to the required width to curb and gutter. The Engineering Department indicated that Sunset Drive was recently repaved and recommended a saw cut be done to prevent a jagged edge. The recommendation from the Planning and Zoning Commission was to waive all perimeter paving and the curb and gutter requirements. The Planning and Zoning Commission was scheduled to consider the preliminary and final plat at its next meeting depending on the decision of the variance. Young motioned, Cochran seconded to approve the variance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. ~ON~ENT AGENDA Council Member Young asked to pull Item #9 for discussion. He asked if the residents in Township Two were notified about this project. Jill Jordan, Interim Director for Water/Wastewater, stated when that staff had met with the neighborhood it was indicated that staffwould return when they were ready to begin the project. The contractor would have a public meeting with the neighborhood to work out the final details of the entry to the common belt area. City of Denton City Council Minutes September 23, 1997 Page 11 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. 5. NO. 97-281 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 #2091 - Janitorial Services - Recreation Centers) NO. 97-282 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 #2093 - Annual Price Agreement for Compound Water Meters) NO. 97-283 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 #2100 - Portable Trash Pump) NO. 97-284 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 #2073 - Cooper Creek Drainage Basin Manhole Rehabilitation and Repairs) NO. 97-285 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 #2087 - Township II Wastewater Lining Project) 10. NO. 97-286 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 City of Demon City Council Minutes September 23, 1997 Page 12 FOR AN EFFECTIVE DATE. (Bid #2089 - Manhole Rehabilitation Project) 11 NO. 97-287 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.(RFSP #2086 - R. W. Beck & Associates Inc.) 12. NO. 97-288 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND APPLICATION CONTROL ENGINEERING PROVIDING FOR AN INCREASE IN THE SCOPE AND PRICE OF THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE.(PC #77189 Application Control Engineering) 13 NO. 97-289 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. (PC #77833 - Greenville Transformer Co.) 14. NO. 97-290 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND FURSTENBERG CONSTRUCTION CO.; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (PC #73330) 15. NO. 97-291 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1997 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. 16. NO. 97-292 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED REAL ESTATE CONTRACT OPTION TO ACQUIRE ADDITIONAL REAL PROPERTY WHEREIN THE CITY OF DENTON, TEXAS OBTAINS RIGHTS TO ACQUIRE A CERTAIN 18.969 ACRE TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY, ABSTRACT NO. 646, FOR PUBLIC USE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OR ACQUISITION OF REAL PROPERTY IN City of Denton City Council Minutes September 23, 1997 Page 13 ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING THE ESTABLISHMENT OF A S1NKING FUND THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION 17. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C. Bob Nelson, Assistant City Manager for Utilities, stated that this firm was the outside attorney for deregulation. The contract was for additional work for next year on this issue. The following ordinance was considered: NO. 97-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND LLOYD, GOSSEL1NK, FOWLER, BLEVINS & MATHEWS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. 18. The Council considered nominations/appointments to City's Boards and Commissions. Council Member Young nominated Darlene Munger to the Animal Shelter Advisory Board. 19. The Council considered a voting and alternate voting delegate to the National League of Cities' Annual Business Meeting. Council Member Beasley nominated Mayor Miller and Mayor Pro Tem Brock as voting and alternate voting delegate. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 20. There was no continuation of Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. 21. The following action was taken on Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act: Young motioned, Beasley seconded to grant a pay increase for the City Manager, the City Attorney and the Municipal Judge of 4% which was effective on October 1, 1997. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. City of Demon City Council Minutes September 23, 1997 Page 14 With no further business, the meeting was adjourned at 9:15 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS