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Minutes July 21, 1998 CITY OF DENTON CITY COUNCIL MINUTES July 21, 1998 The Council convened into a Special Called Meeting on Tuesday, July 21, 1998 at 11:00 a.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson AB SENT: Council Member Young 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding bonds, Series 199A, and approving and authorizing instruments and procedures relating thereto and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this sale was the second half of the Corps note for Lake Ray Roberts. David Medanich, First Southwest Company, stated that six bids were received. Those bids were: Smith Barney - 5.2223; Dain Rauscher - 5.2266; Interstate Johnson & Lane - 5.253; Morgan Keegan- 5.2303; Prudential Securities- 5.2439; and Stephens, Inc. - 5.2179. He stated that the bid from Stephens, Inc. was the lowest bid and recommended awarding the bid to them. Ted Brizzollara, McCall, Parkhurst and Horton, stated that this ordinance was identical to the other revenue refunding bonds done in the past. The sale would close on August 25th and the funds would be placed in an escrow account until November 1st as the Corps would not allow the bonds to be paid until then. The following ordinance was considered: NO. 98-194 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 199A, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11:25 a.m. At 11:50 p.m. the Council reconvened the meeting. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson AB SENT: Council Member Young Mayor Miller indicated that Mr. Medanich had found an error with the bid from Stephens, Inc. City of Denton City Council Minutes July 21, 1998 Page 2 David Medanaich, First Southwest Company, stated that the bid received from Stephens, Inc. was inaccurate. The bid requirements indicated that the rates should ascend every year from 2009 on. The lowest bid started with the year 2008. That was an error that could be waived but he did not recommend it. He recommended accepting the bid from Smith Barney as the lowest and best bid. Burroughs motioned, Kristoferson seconded to reconsider the above ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. Durrance motioned, Burroughs seconded to adopt the ordinance with Smith Barney as the awarded bidder. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11:55 a.m. After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, July 21, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Closed Meeting: A. Consultation with Attorney-Under TEX. GOV'T. CODE Sec. 551.071 1. Considered strategy and discussed status of case and possible settlement authority for mediation with City Attorney in litigation styled Hansen Information Technologies, Inc. v. Azteca, Inc., Case No. 4:97-CV-308 filed in the U.S. District Court, Eastern District. B Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, July 21, 1998 at 7:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Pledge of Allegiance City of Denton City Council Minutes July 21, 1998 Page 3 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 April 7, April 14, April 17, April 21, April 28, May 5, and May 12, 1998. Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PRESENTATIONS/AWARDS 3. Announce winning Electric Department logo and draw winner of Electric Department Logo Contest. Mayor Miller presented the winning logo for the Electric Department Logo Contest. 4. Presentations A. Yard of the Month Awards Mayor Miller presented the following July Yard of the Month Awards: W.T. & June Godfrey Harold and Marjory McCandless Tom and Rebecca Harpool Brigette Yarbrough Business Awards - North Texas State Fair Grounds Business Award - Apple Orthodonix Downtown Business Award - King Richards Cat B. Proclamations Mayor Miller presented a proclamation for Robert Carl Storrie Day for an Eagle Scout achievement. 5. Resolution of Appreciation A. The Council considered approval of a resolution in appreciation of James Thomason. Mayor Miller presented the resolution of appreciation to James Thomason. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. CITIZEN REPORTS City of Denton City Council Minutes July 21, 1998 Page 4 6. The Council received a report from Ross Melton, Jr. regarding Henry Thomas and over- regulation. Mr. Melton stated that Mr. Thomas needed to move to a better city rather than having to deal with the City of Denton. There were more and more laws being passed that were not good for the citizens. The Council was not governed by any laws or principles. 7. The Council received a report from Ali Al-Khafaji regarding tyranny in Denton. Mr. Khafaji stated that he had been to Council before and asked the Council to leave him alone and not harass him any more. The police went to his house and someone from the City cut his trees, loaded firewood and took it away. No one could do anything about it. That was trespassing. He felt the City had committed a crime against him. What the City did was wrong and then the City billed him for the work that they had done. Council Member Young felt that the Code Enforcement Office was participating in selective enforcement. He felt the $80 administrative fee was too high and should be looked into. Code Enforcement was not people friendly. He suggested creating a board of citizens to review all rules and regulations regarding Code Enforcement. Council Member Cochran stated that he had talked with a citizen regarding a similar complaint. In the New Business section of the agenda he was going to suggest that the Council have a discussion regarding the notification process given to citizens for code enforcement violations. 8. The Council received a report from Dessie Goodson regarding the City and the City ordinances. Ms. Goodson was not present at the meeting. 9. The Council received a report from Carol Ann Ganzer regarding the North Texas State Fair. Ms. Ganzer was not present at the meeting. CONSENT AGENDA Durrance motioned, Cochran seconded to approve the Consent Agenda and adopt the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 10. NO. 98-195 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ADDITION TO EXISTING PRE-ENGINEERED BUILDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2235 - Metering and Substation Building Expansion awarded to Davis and Hawkins in the amount of $47,801.00) City of Denton City Council Minutes July 21, 1998 Page 5 11. NO. 98-196 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL/PURCHASE OF UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2196 – Rental/Purchase of Uniforms awarded to – Item A-C to Unifirst at $63,650.00 per year estimate and Item D to Image Uniform estimated to be $12,272.50 for outright purchase) 12. NO. 98-197 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE DENTON MUNICIPAL COMPLEX EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2209 – Furniture – Denton Municipal Complex awarded to Intelligent Interiors in the amount of $68,005.80) 13. NO. 98-198 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED COURIER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2224 – Armored Courier Service awarded to Armored Transport Texas, Inc. in the amount of $336.00 per month or $18,816.00 per year) 14. NO. 98-199 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1998 PAYMENT BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PO #81818R98 to Texas Natural Resource Conservation Commission (TNRCC) in the amount of $50,000) 15. NO. 98-200 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 BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #86380 to Brandon & Clark, Inc. for one 800 HP Electric Motor in the amount of $29,600.00) 16. NO. 98-201 City of Denton City Council Minutes July 21, 1998 Page 6 AN ORDINANCE AWARDING A CONTRACT FOR A 5-YEAR LEASE PURCHASE OF A 70-PAGE PER MINUTE COLOR PRINTER/COPIER AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #86142 to Danka in the first annual payment amount of $50,308.20) 17. NO. R98-034 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. 18. NO. 98-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A LOGO TO BE USED AS THE OFFICIAL LOGO OF THE ELECTRIC UTILITY OF THE CITY OF DENTON, TEXAS; PROHIBITING THE USE OF SUCH LOGO BY ANY PERSON, FIRM, CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY MANAGER; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. 98-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FORMALLY AMENDING RESOLUTION NUMBER R92-040 TO RENAME THE DENTON MUNICIPAL COMPLEX TO CITY HALL EAST; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 20. The Council held a public hearing and considered rezoning 2.294 acres from a Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of I-35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning Commission recommended approval 5-0 to the City Council on May 27, 1998. Due to a tie vote (3-3) by City Council on June 16, 1998 this item was postponed for reconsideration until this meeting.) (Z-98-025) (This item would be deliberated only if all of the Council Members were present.) Dave Hill, Director of Planning and Development, stated that the current zoning for the property was commercial with a request for multi-family one zoning. This proposal needed to be considered in the context of a larger zoning case surrounding the proposal. Another zoning case would be considered at this meeting that was also for multifamily zoning. The super majority vote was not in effect for this City of Denton City Council Minutes July 21, 1998 Page 7 proposal and no neighborhood meeting had been held. There was a range of multifamily apartment complexes surrounding the property. Council Member Burroughs asked what was the intended use for Jason Street. Hill stated that at the last meeting there was a discussion whether it would go through to the I35 service road. There would be no direct access and would not be a public road. Council Member Burroughs asked if a study had been done to determine the impact on city services relative to the value of the proposal. Hill stated that next week staff would be presenting a study on the impact of multi-family dwelling units. Mayor Pro Tem Beasley asked why it was felt that a commercial development would cause more traffic than multifamily development. Hill replied that it was due to the nature of the business that would have more site visitation with commercial zoning with buyers, deliveries, etc. Council Member Kristoferson asked if a poll was done of existing businesses to have more accurate data of intensity trips in the area. Hill stated that a 24 hour traffic count was done on Monday, July 20th for Londonderry Street. The Mayor opened the public hearing. Pat Conners stated that under the current zoning regulations, up to 40 units per acre could have been proposed on the site. The proposal had a mix of units of 1,2, and 3 bedrooms that lowered the density to 30 units per acre. The proposal also met the parking and park requirements. A crash gate for emergency vehicles had been added at the rear of the property. Mayor Pro Tem Beasley asked if the developer had thought about extending Jason Drive through the property. Conners stated that they preferred not to extend Jason through the property. They would allow a crash gate for emergency vehicles. The front access would have a security gate for a gated community. Council Member Young felt it would be better to open Jason for public access. Conners stated that this was private property. The adjacent property had two other access roads to Londonderry. A through street would not help the traffic flow due to the other available accesses. Council Member Cochran asked if the density of 30 units per acre was based on the entire project or just this section. City of Denton City Council Minutes July 21, 1998 Page 8 Conners replied that it was for the complete project at full acreage. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO MULTI- FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.294 ACRES OF LAND BOUNDED BY I-35 EAST TO THE NORTH, TEASLEY LANE TO THE EAST, LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. Mayor Pro Tem Beasley stated that she had voted for approval of the proposal at the first hearing. She had looked at the land uses around property. This would not develop into single family homes. Commercial zoning was viable for the property and there would be no harm by leaving it commercial. However, there was a petition to change the zoning to multi-family with a portion already zoned that. She felt this was an area where many students lived and catered to the University. She would be voting in favor of the proposal but with the condition of 25 units per acre. Beasley motioned, Kristoferson seconded to amend the motion to keep the proposal to 25 units per acre. Council Member Kristoferson stated that the developer stated that he was building this development for individuals who commuted back and forth to Dallas for their jobs. She was interested in building a community that had the jobs for Dentonites who lived and worked in Denton. She wanted to keep the property as commercial zoning for the citizens of Denton. There was no legal obligation to downzone the property to multi-family. Council Member Burroughs stated that he had four criteria for zoning cases - the impact on services, the impact on traffic, whether the zoning was being changed for the best use in the area and whether it met with city planning for the area. The largest concern with traffic was Jason Drive. He felt that if Jason were opened, it would be a problem with too much traffic in the development. He was in favor of maintaining a gate on Jason and not allowing use for the residents in the development. The impact on services indicated that this was not a large development with half of it was already zoned for multifamily. Young professional types seemed to occupy these types of developments. It was not for low income housing and not many children were in these types of developments. He felt that the proposal would have little negative impact on the ISD and should be positive for the City. He City of Denton City Council Minutes July 21, 1998 Page 9 indicated that he would be voting in favor of the project. Council Member Young stated that he would be voting against the amendment as the Denton Development Plan indicated that 40 units could be built on the site and the proposal was for 30 units. Mayor Miller stated that he would be voting against the amendment. Many of the 25 unit developments did not have the landscaping which this did at 30 units. The proposal would benefit the City without a negative impact on the DISD. It was within the limits of the Denton Development Plan. This would not add any more problems for police and fire with 30 units as opposed to 25 units. Council Member Cochran stated that he would be voting for the amendment. Density was an important issue with this proposal. If the amendment passed, he would vote for the motion as a whole. On roll vote of the amendment to reduce the density from 30 to 25 units, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. On roll vote of the main motion to approve the request, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote.. 21. The Council held a public hearing and considered rezoning 2.21 acres from a Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of I-35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning Commission recommended approval 4- 1.) (Z-98-030) Dave Hill, Director of Planning and Development, stated that this was a companion zoning with the above request. Two responses for notification were received. One was neutral and one was in favor. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO MULTI- FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.21 ACRES OF LAND BOUNDED BY I-35 EAST TO THE NORTH, TEASLEY City of Denton City Council Minutes July 21, 1998 Page 10 LANE TO THE EAST, LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. Council Member Durrance stated that this area was one of intense concern for him. He did not feel this was the best use for the property. This would be a gated community that was something he was not in favor of. This would divide the City and was not in line with the openness of the City. This proposal was on a corridor for the City and he did not want this type of development on such a corridor. He was concerned about exiting on a service road directly past an exit on the highway. He did not want another “Cement City” in Denton. There should be blended growth that did not allow commercial property to be downzoned. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-3 vote. 22. The Council considered adopting an ordinance annexing a 15.088 acre tract located east of Swisher Road near its intersection with Edwards Road in Denton’s extraterritorial jurisdiction northeast of I-35E; establishing temporary Agricultural (A) zoning district classification and use designation; and providing an effective date. (First reading, A-77) (Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that the action requested was to institute annexation proceedings with this first reading. The proposal had to be approved at the first reading by a four-fifths vote. The intent of the applicant was to allow the annexation with temporary agricultural zoning and would specify the use of the property when the development was amended for Planned Development 132. The Council had already conducted two public hearings on the proposed annexation. According to the annexation schedule, the second reading would be September 1st at which time the zoning would be approved. A public hearing was not required at this meeting even though it had been listed as such. The following ordinance was considered: NO. (First Reading) AN ORDINANCE ANNEXING A 15.088 ACRE TRACT LOCATED EAST OF SWISHER ROAD NEAR ITS INTERSECTION WITH EDWARDS ROAD IN DENTON’S EXTRATERRITORIAL JURISDICTION NORTHEAST OF I-35E; ESTABLISHING TEMPORARY AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to approve the annexation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes July 21, 1998 Page 11 ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council received Certification of an Initiative Petition from the City Secretary and gave staff direction. Jennifer Walters, City Secretary, stated that an initiative petition was received on May 8, 1998. Initially the petition did not fully comply with the Charter and Chapter 277 of the Texas Election Code. An amended petition was submitted on June 12th and that amended petition did meet those requirements. She stated that she certified the petition as stated in the Charter. Final action on this st petition had to be done within 60 days from this date or September 21. Provisions had to be made for a reading of the ordinance and for a public hearing on the item. City Attorney Prouty stated that several years ago the Council passed an extended hours ordinance that allowed the consumption of alcoholic beverages at certain businesses until 2:00 a.m. The petition would reduce those hours until 12:00 midnight on all nights except for Saturday when they would close at 1:00 am. The Ben E. Keith Company submitted arguments that the Council, under the Alcoholic Beverage Code, did not have the right to repeal the ordinance as the Code only gave the Council the authority to enact the ordinance. Staff was still examining that argument and had submitted it informally to the Attorney General’s office for comment. An informal comment from the Attorney General’s office would determine whether this was a valid argument. If it was not valid, Council had to take action within 60 days. One action would be to adopt the ordinance as per the petition. If that were not done, an election would have to be held on the next uniform election date in November. Mayor Miller stated that depending on the outcome of the Attorney General’s examination, Council would have to have a public hearing and take action from that public hearing. Council Member Durrance felt that the petition was asking Council to do something against statutory law. City Attorney Prouty stated that the State allowed cities to pass an extended hours ordinance. Normally when a city could pass an ordinance, it could repeal it. The argument was that there was an exception to that. There was no authority to repeal the extended hours, at least not through a petition. Mayor Miller stated that assuming the petition was acceptable under Texas law, Council had until September 21st to hold a public hearing and take action. Council indicated that it would like a formal opinion from the Attorney General’s office. Council Member Cochran felt that Council needed to listen to the citizens and was not in favor of changing the ordinance without asking the citizen’s opinion. th 24. The Council considered approval of a resolution urging the 76 Texas Legislature to increase appropriations for roadway maintenance and improvements; and providing an effective date. City of Denton City Council Minutes July 21, 1998 Page 12 Rick Svehla, Deputy City Manager, stated that the resolution would request more funds for maintenance and highway improvements. The following resolution was considered: NO. R98-035 TH A RESOLUTION URGING THE 76 TEXAS LEGISLATURE TO INCREASE APPROPRIATIONS FOR ROADWAY MAINTENANCE AND IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 25. The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to execute a professional services contract with ADS Environmental Services, Inc. for engineering services for the water/wastewater engineering 1998 smoke testing program; authorizing the expenditure of funds therefore; and providing an effective date. Jill Jordan, Director of Water/Wastewater, stated that the testing would be done in the Pecan Creek Basin and would complete the process starter earlier. The following ordinance was considered: NO. 98-206 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE WATER/WASTEWATER ENGINEERING 1998 SMOKE TESTING PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 26. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Saint Andrew Church of God in Christ, relating to the purchase of 0.187 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. Rick Svehla, Deputy City Manager, stated that the purchase of this property would assist in the construction of PEC-4 Tributary of Pecan Creek. This was a negotiated appropriate purchase. City of Denton City Council Minutes July 21, 1998 Page 13 The following ordinance was considered: NO. 98-207 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND SAINT ANDREW CHURCH OF GOD IN CHRIST, RELATING TO THE PURCHASE OF 0.187 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. On roll vote, Beasley “aye”, Burroughs Young motioned, Beasley seconded to adopt the ordinance. “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered adoption of an ordinance vacating easement interests, if any, in 0.081 acres in the S. C. Hiram Survey, Abstract 616, Denton County, Texas; and providing an effective date. (Saint Andrew Church of God in Christ, 608 Lakey Street) Rick Svehla, Deputy City Manager, stated that when the channel work and improvements were completed, this land would be outside the channel and would not be used for the easement. It was recommended to vacate the easement. The following ordinance was considered: NO. 98-208 AN ORDINANCE VACATING EASEMENT INTERESTS, IF ANY, IN 0.081 ACRES IN THE S. C. HIRAM SURVEY, ABSTRACT 616, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Craig D. Johnson and wife, Terri Johnson, for the purchase of approximately 0.181 acres tract of land known as Parcel No. 17, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway Widening Project; authorizing the expenditure of funds therefore; and providing an effective date. Rick Svehla, Deputy City Manager, stated that this tract would assist in the widening of U.S. Highway 77. This was one of the many agreements the City would have to execute for this project. The following ordinance was considered: NO. 98-209 City of Denton City Council Minutes July 21, 1998 Page 14 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH CRAIG D. JOHNSON AND WIFE, TERRI JOHNSON, FOR THE PURCHASE OF APPROXIMATELY 0.181 ACRES TRACT OF LAND KNOWN AS PARCEL NO. 17, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered increasing the per capita fees charged to the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Shady Shores and Sanger by the City of Denton for emergency medical services (EMS). Ross Chadwick, Fire Chief, stated that the next two items dealt with EMS services. Last year the City responded to 8200 emergency medical calls. EMS fees had not been reviewed for a number of years and it was felt that this should be done prior to the approval of the next budget. The small cities agreements were reviewed each year to adjust costs if necessary. The per capita charge was at $5.75. Small cities impacted 60.1% of one ambulance. The actual per capita cost was $13.45 and $5.75 was being charged. He had talked with the small cities about the increase and all were in agreement. Options for the charges included full cost that would be $13.45; phase the increase in over 3 years with the first year being $6.50, the second year being $8.00 and the third year being $10.00. The third option was to charge a fee somewhere between $5.75 and $13.45. Option 4 was to continue to charge the current rate of $5.75. Now was the time to change the amount as the contracts were st effective October 1. Staff was recommending Option 2 that was the three year phased in costs approach. Council Member Cochran asked if the City had an extra ambulance for services beyond the City or would there be the same number even if the City were not providing services outside the City. Chadwick replied that the City had three front line ambulances and the other stations had reserve ambulances. Based on the workload, the three ambulances handled a substantial amount of calls. All the ambulances were needed whether service was provided to the small cities or not. Beasley motioned, Durrance seconded to approve Option 2 for the fees charges for emergency medical services. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City of Denton as provided for in Sec. 27-102 of Article IV of Chapter 27 “Vehicles for Hire” of the Code of Ordinances of the City of Denton. Ross Chadwick, Fire Chief, stated that this ordinance was last changed in 1993. Various drugs and disposable good had various fees. The current cost for an ambulance call was $290. Many of the calls received did not transport the patient to a hospital. The transportation rate last year was 60.1% which cost $483.00 per transport for each ambulance. Staff was proposing a separate charge for City of Denton City Council Minutes July 21, 1998 Page 15 services, mileage and supplies. The ordinance charged new fees for non-residents of $300, it updated the charges for disposable goods and medications and included a non-transport fee of $50.00. Operational charges were not charged for in the past. Additional charges would be included for CPR services , weight over 300 pounds, defibrillation, 12 lead EKG cardiac monitoring, a patient carried down stairs, monitoring blood sugar and special events coverage at $68 per hour with a four hour minimum. The following ordinance was considered: NO. 98-210 AN ORDINANCE ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY OF DENTON AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 “VEHICLES FOR HIRE” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON. Kristoferson motioned, Beasley seconded to adopt the ordinance. Council Member Burroughs stated that he had a problem with charging a fee for services not provided as insurance would not pay for that. Chadwick indicated that insurance companies would pay for the non-transport fee. Council Member Cochran felt that an extra charge for people over 300 pounds was insulting and discriminatory. Cochran motioned, Young seconded to amend the motion to remove the fee for people over 300 pounds. Young motioned to remove the $50 non-transport fee from the ordinance. Council Member Burroughs suggested the motion indicate that the $50 would not be assessed in cases where the individual was transported by other means. Council Member Young agreed to that change and Council Member Burroughs seconded Young’s amendment. Mayor Pro Tem Beasley did not see the disparity in charging for a non-transport fee. City Manager Benavides stated that ambulance service was an optional service a city could provide. Council debated the question of the transport fee and the overweight fee. Council Member Durrance called the question. City of Denton City Council Minutes July 21, 1998 Page 16 On roll vote to not assess the $50 charge when an individual was transported by other means, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Motion carried with a 4-3 vote. On roll vote to remove the fee for persons over 300 pounds, Beasley “nay”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. On roll vote of the amended main motion, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 31. The Council considered adoption of an ordinance calling a public hearing on the adoption of a capital improvements plan and water and wastewater impact fees in accordance with Chapter 395 of the Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. Jill Jordan, Director of Water/Wastewater, stated that the advisory committee had made a recommendation to enact an impact fee. The law required a public hearing for public comment. The following ordinance was considered: NO. 98-211 AN ORDINANCE CALLING A PUBLIC HEARING ON THE ADOPTION OF A CAPITAL IMPROVEMENTS PLAN AND WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 32. The Council considered adoption of an ordinance of the City of Denton, Texas dissolving the Information Services Advisory Board and repealing Ordinances 79-81, 82-09, 84-06, 96-255 and any other ordinance of the City of Denton, Texas, to the extent of any conflict and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that the City had completed a long-range study for a technical plan for computer services. The services of this Board were no longer required. The Board would be present at the August 18th meeting to be recognized for its service. City of Denton City Council Minutes July 21, 1998 Page 17 The following ordinance was considered: NO. 98-212 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE INFORMATION SERVICES ADVISORY BOARD AND REPEALING ORDINANCES 79-81, 82-09, 84-06, 96-255 AND ANY OTHER ORDINANCE OF THE CITY OF DENTON, TEXAS, TO THE EXTENT OF ANY CONFLICT AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 33. The Council considered nominations and appointments to the City’s Boards and Commissions. Nominations and appointments were made as noted in the handout presented in the agenda back-up materials. 34. The Council considered appointments to City Council committees. Appointments were made to the City Council committees as noted in the handout presented in the agenda back-up materials. 35. The Council considered and accepted the resignation of Ted Benavides, City Manager, to be effective September 9, 1998. Beasley motioned, Young seconded to accept the resignation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 36. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 37. New Business The following items of New Business were suggested for future agendas. A. Council Member Young requested a report on code enforcement. B. Council Member Durrance requested information for a possible ordinance on proper building ratios of multi-family and single-family and corresponding lot size according to current and projected growth pursuant to the approved population projections in the Denton Development Plan. C. Council Member Durrance requested information for a possible ordinance adopting City of Denton City Council Minutes July 21, 1998 Page 18 traffic impact fees. D. Council Member Durrance requested information for a possible ordinance regarding a 1% fee for designation of public arts and donations to be considered in lieu thereof. E. Council Member Durrance requested information regarding HB 2784 dealing with airline services improvement project, funding available for small and medium communities outside of airports. 38. The Council did not meet in a continuation of Closed Meeting under Sections 551-071– 551.085 of the Texas Open Meetings Act. 39. 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 11:05 p.m. ______________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS