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Minutes November 18, 1997CITY OF DENTON CITY COUNCIL MINUTES November 18, 1997 The Council participated in a dedication and presentation of Captain Bob's Fire Safety Trailer on Tuesday, November 18, 1997 at 5:00 p.m. at Central Fire Station, 217 W. McKinney. After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, November 18, 1997 at 5:45 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. The Council considered the following in Closed Meeting: Conference with EmployeesWnder 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, November 18, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. 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 August 12, August 19, and August 26, 1997. Beasley motioned, Brock 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. AWARDS/PRESENTATIONS 3. Proclamation -Denton Family Week Mayor Miller presented a proclamation for Denton Family Week. CITIZEN~q REPORT~q 4. The Council received a citizen report from David Zoltner regarding "open government and the weekly jeopardy game." City of Denton City Council Minutes November 18, 1997 Page 2 Dr. Zoltner stated that at a recent meeting he attended regarding the Open Meeting/Open Records Act, the most important topic was the use of the Open Records Act. The Council briefings were discussing topics that were not allowed. He felt that the briefings were the City's version of the "home jeopardy game". The questions asked at the Briefings were really expressions of the Council's beliefs. There was a need for an occasional briefing but not week after week. It appeared that it was really a secrecy technique. He stated that if a briefing was an agenda item discussed during a meeting, it must be posted. This was not a trivial matter and needed to be addressed. The issue dealt with what the city should do and what it should not do. What the city should include and not exclude from public information. 5. The Council received a citizen report from Dessie Goodson regarding deception within the City of Denton. Ms. Goodson stated that she had met with the Attorney's Office regarding a pre-conference meeting. Her stipulation did not agree with any stipulations that the City had sent her regarding her cases. Another deception was a memo from Jerry E. Drake. The SPAN vehicles indicated that they were owned and operated by the City of Denton. She asked where the benches and shelters were that the Federal government supplied money. The City had the money for the shelters and benches and they should be put into place. The City had not been back to take care of her tree as promised. The street by her home and the drainage in the area had not been fixed as previously promised. She wanted her tree fixed, her drainage fixed and her street fixed. She also wanted her sidewalk fixed. plllll,lC HEAR1NG 6. The Council held a public hearing and considered adoption of an ordinance providing for approval of a detailed plan for a 5.491 acre tract located on the south side of Interstate 35 East, north of the town of Corinth City Limits, providing for a penalty in the maximum amount of $2,000 for violations thereof, and providing for an effective date. (Z-97-019) (The Planning and Zoning Commission recommended approval, 6-1.) Dave Hill, Director for Planning and Zoning, stated that the property was located on the south side of 1-35 at the Corinth City limits. The action requested was the approval of a detailed plan for property located in PD-12. There was an already approved concept plan that allowed for commercial uses. Staff analysis looked at consistency of the detailed plan with the 1988 Denton Development Plan. Intensity area calculations indicated that with development of the property the area would be 155% allocated. The concept plan uses approved for PD-12 were approved with the property in a moderate intensity area. Major entranceway policies were in effect with this property. Requirements for developments in entranceways were to encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entranceways. An analysis of the proposal indicated that the landscape requirements were satisfied through the provided landscape plan which indicated that 17 of the 135 existing trees and the planting of 25 new live oak trees would be consistent with the policy of the Denton Development Plan. This property was part of a larger planned development. In 1969 10 acres of PD-12 were annexed and zoned agricultural. In 1972 the annexation took place of 135 acres and changed the agricultural zoning to PD-12 for townhomes, multifamily and commercial uses. In 1986 another ordinance was approved that amended the allowed uses for commercial property located in the existing PD and allowed for all commercial uses on 43.4 acres. Some of the more objectionable City of Denton City Council Minutes November 18, 1997 Page 3 uses for commercial uses were eliminated. Two landscaped conditions were imposed on the property. The first was that 5% of the total lot area would be maintained as landscaped open space. The second was that every effort would be made to protect the tree masses shown on the concept plan. The Planning and Zoning Commission recommended approval with an added condition that 10 additional trees be planted with a minimum 4" caliper. One property within 200 feet was notified of the proposal and no responses were received. If approved at this meeting, the proposal would go through the Development Review Committee for plat approval and the Planning and Zoning Commission for zoning approval. The applicant had a tree inventory conducted on the property and found that 135 trees ranging in size from 6 inches to 24 inches existed. The applicant proposed preserving 17 of those trees and removing 118. A difficulty sited by the applicant in saving trees was the grading necessary on the site. These trees were fragile to work around and were difficult to transplant. The Planning and Zoning Commission indicated that they could support the removal of the trees but wanted an additional 10 trees planted. An additional area of discussion was drainage. This site drained towards the northwest. There was a letter in the engineering files that the adjacent property owner agreed to allow the drainage from this site to flow into his drainage area. The last item for discussion was that lighting at the rear of the property would be directed away from the residential lots. There were no other conditions associated with the lighting of the area. Council Member Cochran asked about the amount of drop in elevation on the property from the highest to the lowest point Hill stated that there was a 26-foot drop from southeast to northwest. Council Member Cochran asked if the Development Plan had language addressing the upsetting of the topography of the land. Hill stated that there was erosion in the area and that made the requirement dealing with grading of the land. There had been no specific discussions on that. Council Member Beasley expressed concern about the amount of paving and amount of drainage. She asked if the detailed plan would have to be done first before knowing if there was a drainage problem. Hill stated that there would be an informed contract between the parties. If there were a property owner with a drainage basin that could handle the flow that the property owner accepted and if an adverse problem occurred, it would be a matter between two private parties. Council Member Beasley asked about possible problems further down the drainage system. Hill stated that if the adjacent property owner accepted the additional runoff, the problem would be with the property owner who accepted the runoff and who would have to deal with that problem. The Mayor opened the public hearing. Jerry Roberts stated that he was a civil engineer representing the applicant. He felt the key question was if they met the provisions of the PD requirements in trying to save as many trees as possible. There was 26 feet of fall from the southeast corner to the northwest corner of the property. That would require cutting the southeast corner of the property and filling in the northwest corner of the City of Denton City Council Minutes November 18, 1997 Page 4 property. He felt the tree count was not correct. Their count differed as they counted multiple trunks as a single tree. With their count, 42 trees would be saved out of 135 trees on site. A protected tree was one which was la" in diameter and larger. Of the 135 trees, 24 were smaller than la" and were not protected. The distance from the building envelope was approximately 130 feet and could not be closer which meant that the building could not be moved to an area with fewer trees. He did not see any reasonable way to preserve the trees and develop the property for their use or for any commercial development. Council Member Cochran asked about efforts to mitigate the runoff to capture the drainage. Roberts stated that the drainage ran southeast to northwest. At the northwest corner of the adjacent property was an existing pond. That pond was damned by a structure that served as a device to assist with the runoff. Council Member Beasley asked about the lighting of the property at night. Roberts stated that the developer agreed to direct the lighting away from the existing homes. Also he had agreed to try and locate the building floor as low as possible so that the building would not be looking down on the adjacent lots. There would be a six-foot masonry or concrete fence constructed the length of the property. Council Member Beasley asked about the type of building proposed for the property. Dominic Sebastiani stated that the building was designed specifically for that site. Council Member Cochran asked about the number of light fixtures proposed for the property. Sebastiani stated that there would be special fixtures to shield the lights from the neighboring homes. He estimated that there would be approximately 15-20 light poles. Council Member Cochran asked about the nighttime lighting. Sebastiani stated that there would be security lights on but not all of the lights. William Wilkerson stated that the trees on the property would not live with the grading of the land. Post oak trees were antisocial and would not continue to live with the construction work in the area. Trees could grow rapidly if taken care of properly. It would be a mistake to try and save a tree that could not be saved. Mayor Miller asked about Wilkerson's experience with trees. Wilkerson stated that he had two tree farms in southern Denton County. He also had an 8-acre tract on which he planted many trees that were very large now. Martin Davis submitted a speaker card that indicated that he supported the proposal with conditions. Any natural buffer between the proposal and the existing homes should be retained. If none existed, a City of Denton City Council Minutes November 18, 1997 Page 5 buffer of trees or a wall should be constructed to preserve the visual attractiveness of the residential neighborhood. The buffer should be done in cooperation with the residential developer to maintain property values. Alan Hollomon stated that he was a consultant and had worked with people in the car business. He had worked with individuals from the beginning of a project through the interior/exterior of the project. A citizen had asked him to present a project he had done in San Antonio. That site had many large trees on it. He did a survey of that property and had saved many of the trees. In his opinion, a dealership needed the whole site to be as attractive as possible. Some of those trees would be assets to the project. He felt that there might be a chance to save more of the larger trees on the site. Many of the trees were sick and damaged. There were a few trees that were great and really needed to be saved. Council Member Young asked ifHollomon knew the number of trees that were bad. Hollomon stated that he did not have a number but several were misshapen or with disease. The trees that were worth saving were small trees and near the power lines. Doug Ebersole stated that he appreciated the fact that there would be no outdoor public address system. He had a question of lighting and how that would affect the lighting of the neighborhood and the night sky. Another problem he expressed was about the lighting being directed towards the highway. He felt that would be a hazard and unsightly as it would shine towards the cars on the highway. Roberts indicated that the lighting would not shine towards the highway. It would shine towards the cars. Council Member Young asked if the developer would have a specialist to install the new trees. Roberts stated that they had a landscape architect to put in the landscaping. Council Member Young asked about the kinds of trees, the size and care of those trees. Brian Bristoe stated that the trees would be a species of oak trees. The 4" caliper trees would be maintained according to landscape standards. Success of tree planting had to do with materials, where the trees were planted, the soil type and how well they were watered and maintained. Council Member Beasley asked ifBristoe had been to the site and looked at the trees. Bristoe replied that he had not been to the site but had been given plans of the site. Council Member Beasley asked if it were not better to look at the actual trees to determine which ones to save. Bristoe stated that he had worked with the engineers regarding the nature of development on the site with the grades and had an understanding of the limitations of tree preservation on the site. City of Denton City Council Minutes November 18, 1997 Page 6 Council Member Cochran asked again ifBristoe had visited the site. Bristoe replied no but that that was done on many jobs. Council Member Cochran asked if the documents Bristoe worked from could distinguish the misshapen tree from the perfect tree. Bristoe replied that he worked from drawings noting the location of trees. The surveying department went out into the field. When requested he had gone into a field and determined the type and size of trees and had also been asked, in some cases, to note the condition of trees. Council Member Cochran asked about the types of trees being suggested to replace the ones destroyed. Bristoe stated that there would be no post oaks as they were not as available as other types of oaks. Council Member Cochran asked if there had been a consideration for faster growing trees Bristoe stated that when faster growing trees were considered, there was a need to look out for the public interest and consider the strength of the tree. Most fast growing trees had softwood that was not good with a liability issue on a car lot. There was a possibility when preserving trees the drip line of the trees would be disturbed which could weaken the integrity of the tree and the structure of the tree. In his opinion a large ground space needed to be provided under the trees which would cause minimal damage to the trees. Doug Coggeshall stated that everyone wanted clean water and trees. The Planning and Zoning Commission had approved the development of the property. He suggested Council refer the proposal back to the Planning and Zoning Commission for reconsideration. He felt keeping the trees were important but it was also important to generate tax dollars for the City. He suggested a joint plan for sound abatement on the property. Kris Westerson stated that she was not against the proposal but was for responsible environmental building. Denton was a tree city and trees provided erosion control, provided an attractive place to shop, provided a sound and lighting barrier, and added value to a property. She asked that the developer be an innovator and think out of the box. This might not be the site for such a development. Peter Hulstrand stated that an article in the Denton Record-Chronicle commented on another car dealership that had just razed the area of trees. He was concerned about the lack of trees that would be in the area. He did not feel every effort had been made to maintain the tree mass. The developer's landscape artist not been to the site and probably an arborist was need on the site. There was an opportunity to maximize the trees for the beauty of the site rather than just build a parking lot. The drip line of a tree was defined by the type of tree plus size of the tree. Molly Hyde stated that the City's Vision brochure talked about the future of Denton. The saving of 17 of over 135 trees was not the best that could be done. She felt the developer would not propose a better plan unless forced to do so. She asked Council to be proactive for a better Denton. City of Denton City Council Minutes November 18, 1997 Page 7 Betty Brown stated that the developer and the residents needed to work together for the benefit of all. She was not opposed to development but if the building were customized to the property, she questioned why the developer was not able to better answer questions. Norma Barker commended the Council for the tree ordinance Charles Fletcher did not wish to address Council but submitted a speaker card that indicated that he opposed the indiscriminate cutting of trees on this property. Nancy Ustick stated that she was one of the many concerned citizens regarding this proposal. She felt that the dealership could be the model business needed in Denton County. A designer might be able to work around the trees in the area. She felt there were ways to avoid damaging the trees during construction and that some redesigning of the layout of the property could be done to save more of the trees. Vicki McCombs stated that she would like to speak to the issue of lighting. The City of Denton did not have a lighting ordinance and she felt that there was a critical need for one. There were several areas that should be protected from overlighting. She was interested in protecting the night skies and felt that that should be considered in Denton. She felt that the developer might be using more illumination than what was actually needed. She asked for an ordinance dealing with lighting standards. Duncan Weathers stated that he would be speaking on the lighting issue of the proposed development. He suggested the following be used in the development: fully cutoff luminaries for no light projected in the horizontal direction or above, no more than 300 lux illuminance at ground level during business hours, approximately 5 lux illuminance at ground level after business hours and low pressure sodium vapor lighting for after-hours security lighting. Doug Barber asked the Council if they thought they could make a difference. If so, they needed to vote against this proposal. The Council needed to vote the will of the people. He was not against progress or development but not at any cost. He asked the Council to protect the stand of trees in the area. Cutting down 135 trees and planting 10 did not equal out. It was not necessarily required to replant the trees in this area but they could be planted in parks and other areas. He felt 300 trees should be planted for the 135 taken down. Teresa Passons stated that Shady Shores was trying to save trees in their area. She did not ever think that the trees in the area would be cut down until the Bill Utter dealership clear cut the area for its new dealership. She asked the Council to not approve the proposal, as too many trees would be lost. Mayor Miller indicated that the following individuals presented speaker cards in opposition to the proposal but who did not wish to speak: Suzanne Fritts Charles Hawkins Linda Hawkins Kathy Helm City of Denton City Council Minutes November 18, 1997 Page 8 Vicki Carusi John Hoeffler Susan Torrie Bill Adams Bill Krueger Tori Brown Margaret Preston The petitioner was allowed a five minute rebuttal. Roberts indicated that the San Antonio site which was being compared to this site was not the same type of property. That site was flat with live oaks on it which were more resistant to construction and a different type of soil. The Denton site had been zoned commercial for over ten years and was on an interstate highway. This was commercial property that was highly visible. The saving of these trees was a matter of a "gray" area. There was also the matter that the planned development ordinance had a building envelope, which had to be followed. That was in the same area as the tree masses and also had to deal with the flood plain. Sebastiani stated that the envelope where the building could be erected was where the trees were the heaviest. There was a need for parking spaces and to conduct business. He was not in the business of destruction as he was spending hundreds of dollars a year for preservation. The Mayor closed the public hearing. Mayor Pro Tem Brock stated that when thinking about the development of I-35 in conjunction with car dealerships, people needed to think about Highway 183 in Irving as an example of what not to do. If done carefully, this would be an appropriate use. Denton had a large historic last stand of native oaks and consideration of these native oaks was needed. Her home had many large trees around it and was an example of how to build around the trees. With the constraints of the site, there might have too much for the site. She felt that customers were attracted to an attractive location. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, NORTH OF THE TOWN OF COR1NTH CITY LIMITS; PROVIDING FOR A PENALTY IN THE ~ AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to postpone the issue and to refer it to the planning staff to work on the issues and return when they were mutually resolved. She felt that the drip lines of the trees and the trees themselves could be studied more closely. She was concerned about the largest trees that would not be saved and felt that there must be some way to save some of the larger trees. The lighting issue should also be written into the ordinance. Council Member Cochran stated that this property was commercial property and that the property was City of Denton City Council Minutes November 18, 1997 Page 9 not inappropriate for a car dealership. The property was not zoned straight commercial but rather planned development. He was not convinced that every reasonable effort had been made to protect the trees. There had been much discussion about creating a vision for Denton and one point in that vision was entranceways which were important to the beautification of the City. The developer had been challenged by some of the citizens to be an innovator. There were some problems with this site and those problems were causing the secondary effect of losing trees. Other issues such as lighting and sound were also important. His decision for postponement was to not stop the development but rather to work out a solution for everyone. Council Member Young stated that he would be voting against the motion. A new business wanted to come to Denton to an area zoned commercial for ten years. He did not agree to send the proposal back to the Planning and Zoning Commission that had already agreed to the proposal. The proposal met the development plan and even the tree ordinance. The developer was going to plant other trees, put up a fence and he felt that they had already gone out of their way to meet the city's requirements. This sent a bad message that the city was anti-business. The proposal met every criteria required. The developer wanted to landscape the area and make it look better. The trees did not pay taxes. There was a need to be fair to the citizens and to the business community. This was not fair to the business community. The city did not want more business in Denton. This proposal would upgrade the area. Council Member Beasley stated that there were specific items to address. She was not against business and great businesses were coming to Denton. The landscape plan for the proposal was done by someone who had never been to the site. She suggested specifically having landscape people go to the site to see if there was a way to save more of the trees and specifically the older trees. She suggested terracing the property to save some of the trees. She also wanted to see what would be done with the lighting fixtures and was pleased that no outdoor public address system would be used. She hoped there could be some kind of creative way to make an innovative business in Denton. She felt more investigation needed to be done in ways to save more of the trees. This was an appropriate use of the property but there needed to more investigation into saving more of the trees. Mayor Pro Tem Brock stated that another aspect of the proposal was the upgrading of an entrance to the city which was a major part of the vision project. Economic development consultants suggested that the city create quality entranceways. The Council was working towards a better community with tree preservation, billboard bans, etc. She wanted to work with new businesses on the interstate to create a complimentary business which would coordinate with the vision. Council Member Durrance stated that this proposal showed a sense of urgency with the project under way such as the overlay districts and scenic corridors. The city needed to be fair to business and to do so there was a need to be fair with these areas. He would be voting for the postponement. He felt that a cooperative effort between the city and the petitioner was needed and to use specific ideas and requests to develop a cooperative effort with the proposal. Mayor Miller stated that the motion was for postponement in order to try and find ways to save as many trees as possible, to specifically define the lighting, and to not use an outdoor public address system. He was concerned about the underlying ordinance in the planned development. Staff had done what it could in terms of the underlying ordinance. Nothing was indicated in the staff assessment about the lighting or the PA system. There were two conditions pertaining to the landscaping ordinance in place for the planned development. One was that every effort be made to protect the tree City of Denton City Council Minutes November 18, 1997 Page la masses. He felt not every effort was made to save the trees. He suggested a brief period of time to work on that good faith effort. Council Member Durrance called the question. 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. ~(}N~ENT AGENDA Council Member Young asked that Items #7, #8, and #10 be pulled for separate consideration. Council Member Young stated that Zimmerer Kubota and Equipment was not the low bidder for Item #la. Tom Shaw, Purchasing Agent, stated that in the evaluation of the bids, the lower price failed to meet the horsepower as requested. The low bid engine was a smaller engine that would result in a significant loss of power. That bid failed to meet the specifications. On Item #7 Council Member Young asked why Village Ford received the bid for the police cars and not the local bidder, Bill Utter Ford. He stated that it bothered him not to use a local dealer. Mayor Miller stated that this was a legal issue with restrictions on the bidding process from the State. Mike Buck, Assistant City Attorney, stated that the Attorney General had looked at the issue several times to allow local bidders some preference. When everyone met specifications, the city had to go with the low bid. The statute was a State statute and had criminal penalties associated with it if not followed. Council Member Young asked for an explanation of Item #8. Shaw replied that the low bid meeting specifications was being awarded for each vehicle. There were thirteen types of vehicles being awarded with eleven different bidders being awarded the bids. Council Member Young stated that dealerships in the City were not being awarded the bid and he did not like that. Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. 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. 7. NO. 97-330 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 #2114 -Police Sedans) City of Denton City Council Minutes November 18, 1997 Page 11 10. 11 12. 13 NO. 97-331 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 #2115 - Fleet Vehicles) NO. 97-332 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 #2116 - 12-yard Dump Truck and Heavy Duty Truck Cab/Chassis) NO. 97-333 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 #2119 - Rubber Track Excavator) NO. 97-334 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 #2121 -Loader Backhoe Tractor) NO. 97-335 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) TO AUTHORIZE PARTICIPATION IN THE PURCHASE OF LIBRARY BOOKS AND RELATED VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. NO. 97-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTiLITiES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO #81020 - City of Garland, PO #81021 - City of Bryan, PO #81022 - City of College Station, PO #81023 - City Public Service, PO #81024 - City of Greenville, PO #81025 - Central Power and Light Company, PO City of Denton City Council Minutes November 18, 1997 Page 12 #81026 -Houston Lighting and Power, PO #81027 -Public Utility Board, PO #81028 - Texas Utilities Electric Company) 14. NO. 97-337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 97-338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOUSING AUTHORITY RELATING TO RENOVATIONS TO THE TWU C.A.R.E.S. HEALTH CLINIC FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 16. NO. R97-074 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR AN AUTOMATED FLOOD WARNING SYSTEM WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 97-339 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A 15' SANITARY SEWER EASEMENT CONVEYING TO THE CITY OF CORINTH THE RIGHT TO USE .0444 ACRE OF THE ABANDONED RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RAIL/TRAILS PROJECT FOR THE CONSTRUCTION OF A SANITARY SEWER WITHIN THE CITY OF CORINTH. ITEM~ FOR 1ND1VIDIIAI, CONSIDERATION 18. The Council considered nominations/appointments to City's Boards and Commissions. Council Member Cochran nominated Bob Montgomery to the Historic Landmark Commission. 19. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 20. New Business City of Denton City Council Minutes November 18, 1997 Page 13 The following items of New Business were suggested by Council for future agendas: A. Council Member Young requested an in-house audit of all organizations that had contracts with the City for hotel occupancy tax funds. Council Member Cochran indicated that he had requested an in-house audit of the Denton County Historical Museum, as it had not met an Open Records request. This was the only agency that did not meet the request for open records. 21. The Council did not meeting in a possible continuation of Closed Meeting under Sections 551- 071-551.085 of the Texas Open Meetings Act. 22. There was no official action on Closed Meeting items held under Section 551-071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 11:45 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS