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Minutes August 04, 1998 CITY OF DENTON CITY COUNCIL MINUTES August 4, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, August 4, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Kristoferson, and Young. ABSENT: Council Member Durrance 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 in litigation styled Eller Media Company v. Sign Board of Appeals of the City of Denton and the City of Denton, Case No. 98-50138-367 filed in the 367th District Court, Denton County. 2. Considered strategy and discussed status and possible settlement of case in litigation styled Hansen Information Technologies, Inc. v. Azteca Systems, Inc., et aI, Case No. 4:97cv308 filed in the United States District Court, Eastern District of Texas, alleging copyright infringement, tortuous interference, and other intellectual property matters. 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. C. Deliberations regarding Real Property - Under TX GOV'T. CODE Sec. 551.072 1. Considered an ordinance amending Ordinance No. 98-182 relating to the purchase of right-of-way and construction of public improvements in Lakeview Ranch, to substitute revised Exhibits "A" through "E" in lieu of Exhibits "A" through "C" and adding an Exhibit "F" to provide for reimbursement of the costs of condemnation for 1.83 acres ofland located in the M. Forrest Survey, Abstract No. 417 authorized by Ordinance No. 98-082. The Council convened into a Regular Meeting on Tuesday, August 4, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Kristoferson, and Young. ABSENT: Council Member Durrance 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes August 4, 1998 Page 2 PRESENTATIONS/AWARDS 2. Presentations A. Yard of the Month Awards Mayor Miller presented the following August Yard of the Month Awards: Denise and Ralph Harpool Lillie Burger Lisa and Scott Holman David and Barbara Ellis Country Park Apartments - Commercial property The Greenhouse Restaurant - Downtown Business Award B. Keep Texas Beautiful Awards Cecile Carson presented Keep Texas Beautiful Awards as indicated in the agenda materials. C. Tree City USA award by Larry Schaapveld, Texas Forest Service Mr. Schaapveld presented the award to the Mayor and members of the City Council. CITIZEN REPORTS 3. The Council received a report from Roland Wade regarding City building codes vs. the Americans with Disabilities Act. Mr. Wade was not present at the meeting. 4. The Council received a report from Dessie Goodson regarding the City of Denton and the resignation of Mayor Jack Miller. Ms. Goodson stated that at her recent trial she was charged with bogus charges. She felt that this was a way to get her to be committed to the mental institution at Witcha Falls. She felt that the City had violated her rights secured under the Constitution. Another similar case was not charged against the person making similar charges against the City. She asked for the Mayor's resignation as he allowed her to live without utilities. NOISE EXCEPTIONS 5. The Council considered a request for an exception to the noise ordinance for the Adults for Youth in Denton for a pool party on August 7, 1998 from 8:30 p.m. to 12:00 midnight. (Civic Center Pool) Jennifer Goodman, Management Assistant, stated that this request was for an exception for the Adults for Youth program in Denton. The location of the party would be the Civic Center Pool. This City of Denton City Council Minutes August 4, 1998 Page 3 event had been held before with no complaints received last year. Beasley motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA Council Member Young asked for discussion on Items #9, 11, and 13. Council Member Young asked for the time frame for Item #9 would take and when the construction would begin. Jill Jordan, Director of Water /Wastewater, stated that the project would be completed in November. It would be several weeks before the bonds were completed and the project ready to start. Council Member Young asked why no local businesses bid on Item # 11. Tom Shaw, Purchasing Agent, stated that bids were sent to nine qualified companies. He did not know why some of the companies did not respond. Council Member Young asked how long Item #9 would take and when the construction would begin. He asked that letters be sent to area residents regarding the construction. Rick Svehla, Deputy City Manager, stated that it was standard procedure to notify area residents of pending construction projects. This project was for the design phase and not the actual beginning of construction. Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 6. NO. 98-214 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SEMI-ANNUAL INVOICE FOR DENTON'S SHARE OF CURRENT DEBT SERVICE REIMBURSEMENT OF COST FOR DESIGN AND CONSTRUCTION OF JOINT TREATED WATER PIPELINE; AND PROVIDING AN EFFECTIVE DATE. (Check Requisition to Upper Trinity Regional Water District in the amount of $27,994.43) 7. NO. 98-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE AMOUNT OF $297,230.50; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2222 - Ector Street City of Denton City Council Minutes August 4, 1998 Page 4 Waterline awarded to Circle C Construction in the amount of$297,230.50) 8. NO. 98-216 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437.90; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2223 - Mockingbird Drainage Improvements awarded to Earth Builders, Inc. in the amount of$164,437.90) 9. NO. 98-217 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET WATERLINE IN THE AMOUNT OF $826,041.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2233 - Kerley Street Waterline awarded to Bowles Construction in the amount of $826,041.00) 10. NO. 98-218 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2218 - Sale of Land 0.466 Acres Well Site No. 10 awarded to Faith Tabernacle Assembly of God Church in the amount of$1,001.00) 11. NO. 98-219 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR VEHICLE LIABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2232 - Vehicle Liability Insurance awarded to Higginbotham and Associates in the amount of$35,143.00) 12. NO. 98-220 AN ORDINANCE AWARDING A CONTRACT FOR A FIVE-YEAR LEASE PURCHASE OF A COLOR COPIER AND ACCESSORIES 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. #86143 to Danka in the annual amount of$19,884.00) 13. NO. 98-221 City of Denton City Council Minutes August 4, 1998 Page 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 14. The Council held a j oint City Council/Planning and Zoning Commission public hearing to hear comments regarding the draft interim Corridor Ordinance. Dave Hill, Director of Planning and Development, stated that a different type of zoning notification was used for this case. The additional requirements were proposed so as to inform individuals inside the corridors. State law required a joint Planning and Zoning Commission and City Council meeting and allowed for a deviation from normal public notification requirements. Staff contacted every property owner who owned property inside the corridors instead of notifying those property owners within 200 feet outside the corridors. He asked that Council receive a staff presentation, open and close the public hearing, hold a discussion on the issue and close the discussion for an August 11 th approval of the ordinance. Discussion of a corridor ordinance started last summer and in January was formally placed on a list of items Council requested staff prepare for an ordinance. The small area planning staff looked at different kinds of regulations in other cities and discussed with other individuals who had worked with these types of regulations. There were fourteen items of discussion from the most recent discussions with the Chamber on the issue. At this point in time, the proposal was incomplete. Mayor Miller stated that there would be a work session next week for review of the input received at this meeting. Council would consider those items and then direct staff to draft an ordinance for consideration. The Mayor opened the public hearing. The following individuals spoke regarding the proposal: Mike Rummell- 120 Friar Tuck, Denton, 76201- opposition Valerie Meredith - 3428 Teasley Lane, Denton 76205 - opposition Joe Dodd - 1107 Greenlee, Denton, 76201 - opposition Bill Enlow - 1206 Shady Rest, Corinth, 76208 - opposition Tom Farlow - 3310 Santa Monica, Denton, 76205 - opposition Tom Reece - 919 Kilkenny, Denton, 76205 - opposition Frank Martino - 600 N. Loop 288, Denton, 76201 - opposition Jim Strauss - 3813 Cevelle, Denton, 76201 - opposition Joe Bendzick - 1810 Teasley Lane, Denton, 76205 - opposition Mike Whitten - 218 N. Elm, Denton, 76201 - opposition Don Dillard - 5000 Thanksgiving Tower, Dallas, 75252 -opposition Rene Cassar - 2212 Fort Worth Drive, Denton, 76205 - opposition Dana Miller - 419 S. Carroll #2B, Denton, 76201 - opposition City of Denton City Council Minutes August 4, 1998 Page 6 Les Holland - 3760 Holland Lane, Denton, 76208 - opposition Marshall Smith - 604 Pearl Street, Denton, 76201 - opposition Bill Cheek, Jr. - 3020 Fort Worth Drive, Denton, 76205 - opposition Michael Wright - 2129 Fairfax, Denton, 76205 - opposition Jerry Kelsoe - P.O. Drawer R, Denton, 76202 - opposition Edwin Fulton - 729 Greenwood, Denton, 76201 - opposition Tom Jester, Jr. - 201 Pennsylvania, P.O. Box 280, Denton, 76202 - opposition Weldon Burgoon - Rt. 2, Box 634B, Denton, 76208 - opposition Steve Knight - 611 Fort Worth Drive, Denton, 76205 - opposition George Highfill - 3204 Windy Hill, Denton, 76201 - neutral Larry Bailey - 3819 W. University, Denton, 76207 - opposition Johnny Smith - Smith Brothers Roping Supplies - opposition Nance Ustick - 104 East Brown Terrace, Shady Shores, 76208 - favor Ginny Watts - Rt. 15, Box 350A, Denton, 76201 - favor Don White - 2105 Savannah Trail, Denton, 76205 - opposition Jim Kirkpatrick - 2026 Fordham, Denton 76201 - opposition Bob Widmer - 513 W. Oak, Denton, 76201 - neutral Slick Smith - 3D Sign and Sales - neutral Mayor Miller stated that he had Speaker Cards from the following individuals who did not wish to address the Council: Cliff Reding - 211 Woodrow, Denton, 76205 - opposition Curtis Ramsey - 2028 Burning Tree, Denton, 76201 - favor William Johnson - 707 Parkview, Richardson, 75080 - opposition Gerald Simmons - 432 Taylor Rd., Argyle - opposition Larry Zimmerer - 1421 N. Loop 288, Denton, 76201 - opposition Gerald Mitchell- 2575 Egan Road, Denton, 76207 - opposition Tom Gobble - 3901 Grant Parkway, Denton, 76208 - opposition Robert Harris - 5311 I-35N, Denton, 76207 - opposition Mark Foster - Fosters Western Wear, P.O. Box 312, Krum, 76207 - opposition lB.Haisler, Jr. - 1200 Cowling Road, Sanger, 76266 - opposition Shirley Haisler - 1200 Cowling Road, Sanger, 76266 - opposition Sherry and Leonard Body - 3500 Fort Worth Drive, Denton, 76205 - opposition Penny Ashley - 3109 Donna road, Denton, 76207 - opposition Karen Vinney - 1820 W. Oak, Denton, 76201 - favor Nub Neighbors - 2720 James, Denton, 76205 - opposition The Mayor closed the public hearing. Bob Powell, Planning and Zoning Commissioner, stated that this proposal would have zoning beyond the zone. He had voted against it at the Planning and Zoning Commission meeting. He was not sure that it was legal zoning. Council Member Cochran stated that he would like to digest all of the information presented at this meeting and discuss it at the next meeting. City of Denton City Council Minutes August 4, 1998 Page 7 Mayor Miller stated that Council would be addressing this issue at the work session. 15. The Council held a public hearing and considered approval of a resolution adopting a Flood Mitigation Plan for the City of Denton, Texas, in compliance with the National Flood Insurance Reform Act of 1994 as administered by the Federal Emergency Management Agency for the purpose of implementing a plan of action for upgrading or improving floodplain management and qualifying for federal financial assistance; and declaring an effective date. (The Planning & Zoning Commission recommended approval 6-0.) Rick Svehla, Deputy City Manager, stated that the resolution was a means to help acquire grants to purchase right-of-way for floodplain management and qualifying for federal financial assistance. The purpose of the public hearing was to receive public comments regarding the plan. The Mayor opened the public hearing. No one spoke regarding the issue. The Mayor closed the public hearing. The following resolution was considered: NO. R98-035 A RESOLUTION ADOPTING A FLOOD MITIGATION PLAN FOR THE CITY OF DENTON, TEXAS, IN COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1994 AS ADMINISTERED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF IMPLEMENTING A PLAN OF ACTION FOR UPGRADING OR IMPROVING FLOODPLAIN MANAGEMENT AND QUALIFYING FOR FEDERAL FINANCIAL ASSISTANCE; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 16. The Council held a public hearing and considered approval of a change in zoning on an 11.484 acre tract from Agricultural (A) zoning classification and use designation to Commercial, conditioned (C[c]) zoning district and land use designation; and providing an effective date. (Z-98-009, Rancho Vista) (The Planning & Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that this request was to rezone 11.484 acres from agricultural to commercial conditioned. The land use intensity and concentration criteria in the 1988 Plan was consistent with the request. A commercial land use was compatible with surrounding development and surrounding zoning. The Planning and Zoning Commission had recommended approval. A condition of approval was that lighting was not to shine on or disturb surrounding City of Denton City Council Minutes August 4, 1998 Page 8 property. The same conditions were imposed on this property as on a truck repair business on Loop 288. The Mayor opened the public hearing. Don Dillard stated that 60 acres around this property were already in an approved plan. One issue was annexation and one issue was zoning. He was asking for the balance of the 60 acres to be zoned commercial. The eight conditions from the staff were in conjunction with the corridor ordinance and he felt that the proposal should be consistent with the rest of the property. Council Member Burroughs asked with what conditions Dillard was having a problem. Dillard stated that under the commercial guidelines, he already had a concept plan for the property. He felt that the corridor comments were not necessary. He wanted to put the entire property in the city limits as commercially zoned property. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-222 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 11.484 ACRES OF LAND LOCATED NORTH OF HIGHWAY 77, EAST OF ITS INTERSECTION WITH 1-35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance as approved by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Council considered Item # 18. 18. The Council considered adoption of an ordinance annexing a 30.32 acre tract located north of Highway 77, east of its intersection with 1-35; establishing commercial, conditioned, (C[c]) zoning district classification and use designation on the annexed land; and providing an effective date. (A- 76, Rancho Vista) (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director for Planning and Development, stated that this was the second reading for this ordinance. The Mayor opened the public hearing. City of Denton City Council Minutes August 4, 1998 Page 9 No one spoke on the issue. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-224 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 30.320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF INTERSTATE 35; CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL, CONDITIONED (C[c]) ZONING CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 17. The Council held a public hearing and considered approval ofa request to rezone a 14.31 acre tract from Agricultural (A), Office, conditioned (O[c]), and One-Family Dwelling (SF-I0) zoning classification and use designation to Office, conditioned (O[c]) zoning district and land use designation and the revocation of Specific Use Permits Number 194 and 196. The property was located west of Bonnie Brae Street, approximately 750 feet north ofWillowwood Street in southwest Denton. Expansion of Liberty Christian School was proposed. (Z-98-031) (The Planning & Zoning Commission recommended approval 7-0.) Dave Hill, Director of Planning and Zoning, stated that the purpose of the proposal was for an expansion of the Liberty Christian School. Three conditions were imposed on the property from the Planning and Zoning Commission meeting. The Mayor opened the public hearing. No one spoke on the issue. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-223 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) OFFICE, CONDITIONED (O[c]), AND ONE FAMILY DWELLING (SF-I0) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14.31 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 750 FEET City of Denton City Council Minutes August 4, 1998 Page 10 NORTH OF WILLOWWOOD STREET; PROVIDING FOR THE REVOCATION OF SPECIFIC USE PERMITS NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE HUNDRED NINETY-SIX (196); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 19. The Council considered approval ofa resolution of the City of Denton, Texas approving the 1998-1999 budget of the Denton Central Appraisal District; and declaring an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that Council reviewed this budget at its last meeting. The following resolution was considered: NO. R98-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1998-1999 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5-1 vote. 20. The Council considered approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that Council had nominated David Fowler to the Denco 9-1-1 Board. The following resolution was considered: NO. R98-037 A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to vote for Harlan Jefferson. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 4, 1998 Page 11 21. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 1998B, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this refunding was to refund approximately $7.6 million of utility debt. David Medanich, First Southwest Company, stated that this was the second part of this transaction. This refunding was for $4.4 million of1989 bonds and $2.74 million of1992 bonds. These would be replaced with bonds with better interest. The following ordinance was considered: NO. 98-225 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998B, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting U- turns on certain portions of Wood Street on school days; prohibiting parking on certain portions of Wood Street on school days; providing a severability clause; providing for publication thereof; providing for a penalty not to exceed two hundred dollars; and declaring an effective date. (Traffic Safety Commission unanimously recommended approval.) Rick Svehla, Deputy City Manager, stated that staff and the Traffic Safety Commission recommended approval. This would solve problems with u-turns at the Sullivan Keller School. The following ordinance was considered: NO. 98-226 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-TURNS ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROHIBITING PARKING ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion City of Denton City Council Minutes August 4, 1998 Page 12 carried unanimously. 23. The Council considered adoption of an ordinance of the City of Denton, Texas allowing the closure of portions of Avenue C on Mondays through Fridays from 7:30 a.m. until 3:00 p.m. when pedestrian or vehicular safety require closure; prohibiting the operation of a non-emergency vehicle on closed portions of Avenue C during the times the street is closed; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (Traffic Safety Commission unanimously recommends approval.) Rick Svehla, Deputy City Manager, stated that the University of North Texas was seeking closure of the street in conjunction with traffic movement and pedestrian movement in area due to the opening of the new Environmental Sciences Building. Council Member Beasley felt that a problem with the proposal was that it was trying to anticipate traffic problems. She suggested waiting to see what happened after the building opened. She questioned if enough people had been notified about the process. Fred Pole, VP- Academic Affairs with the University of North Texas, stated that a larger problem would be to not anticipate a problem and then trying to take action later. The new building had a large number of classrooms which would generate a large amount of students crossing Avenue C. This was a request for a limited closing of the street in scope and time. If this were not done, the same situation could arise as a number of years ago and ending with the need for medians further down on Avenue C. Council Member Kristoferson asked if there could be a time period for review if the proposal were approved. Eric Jackson, University of North Texas Chief of Police, stated that the plan was for maximum flexibility. The closure could be changed to fit the patterns of pedestrian traffic. He felt this was the only viable option for a solution of the problem. Students did not heed traffic signals nor pedestrian crosswalks. Council Member Cochran stated that the problem was intermittent and not all the time. This proposal might push traffic east and west instead of flowing north and south which would be creating problems in other areas of the city where currently there were no problems. He was not sure Council had all the information on this issue. The following ordinance was considered: NO. 98-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING THE CLOSURE OF PORTIONS OF AVENUE C ON MONDAYS THROUGH FRIDAYS FROM 7:30 AM. UNTIL 3:00 P.M. WHEN PEDESTRIAN OR VEHICULAR SAFETY REQUIRE CLOSURE; PROHIBITING THE OPERATION OF A NON-EMERGENCY VEHICLE ON CLOSED PORTIONS OF AVENUE C DURING THE TIMES THE STREET IS CLOSED; City of Denton City Council Minutes August 4, 1998 Page 13 PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Young seconded to deny the request. Council Member Young asked if a meeting had been held with citizens in the area for input. Svehla replied that the land owners from Scripture to 135 had been notified. Notification had also been sent to apartments, etc. in the area. Mayor Pro Tern Beasley was not sure the neighbors in the area had been properly notified and was not sure about the magnitude of the problem. Pole stated that announcements had been made and this had not been done in the dark. He felt this was a serious question and asked what if this were not done and a worse problem was created than having to drive around a block. He would agree to a trial period during the fall semester. On roll vote for denial, Beasley "nay", Burroughs "nay", Cochran "aye", Kristoferson "nay", Young "aye", and Mayor Miller "nay". Motion failed with a 2-4 vote. Beasley motioned, Kristoferson seconded to adopt the ordinance with the stipulation that it would be reviewed after the fall semester. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 4-2 vote. 24. The Council considered adoption of an ordinance partially vacating certain public utility and drainage easements recorded in the Real Property Records of Denton County, Texas, at Volume 1686, Pages 0852 and 0858; and providing for an effective date. (Southridge Estates, Phase III) Rick Svehla, Deputy City Manager, stated that as this area was developed and platted, a new easement for utility/drainage access was done. This would abandon the old easement that was no longer needed. The following ordinance was considered: NO. 98-228 AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AT VOLUME 1686, PAGES 0852 AND 0858; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 4, 1998 Page 14 Item #30 was considered. 30. The Council received a report, held a discussion, and gave staff direction regarding the Initiative Petition "Standard Hours Area". Herb Prouty, City Attorney, stated that staff had checked on a brief submitted from Ben E. Keith regarding the City right to change the standard and late hours ordinance. In discussions with the Attorney General's office and the General Counsel of the Texas Municipal League, his opinion had not changed that the Council could take action in accordance with the petition. This was informal information from the Attorney General's office. His recommendation was to hold a public hearing and read the ordinance in accordance with the City Charter. The Council could then make a decision as to approve the proposal or hold an election. The public hearing could be held on August 18th and shortly thereafter Council would have to make a decision to enact the proposal or hold an election. Consensus of the Council was to hold a public hearing on August 18th and consider action on September 1 st. Council returned to Item #25. 25. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a second amendment to the professional services agreement for consulting services relating to Denton Municipal Electric with R. 1. Covington Consulting for professional services pertaining to electric restructuring and assistance and support of city staff respecting Public Utility Commission of Texas Project No. 18703; authorizing the expenditure of funds therefor; and providing an effective date. (The Public Utilities Board recommended approval 3-0.) Sharon Mays, Director of Electric Utilities, stated that this was a response to the PUC proceeding Project No. 18703 that dealt with transmission rates and electric restructuring. The following ordinance was considered: NO. 98-229 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON MUNICIP AL ELECTRIC WITH R. 1. COVINGTON CONSUL TING FOR PROFESSIONAL SERVICES PERTAINING TO ELECTRIC RESTRUCTURING AND ASSISTANCE AND SUPPORT OF CITY STAFF RESPECTING PUBLIC UTILITY COMMISSION OF TEXAS PROJECT NO. 18703; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes August 4, 1998 Page 15 26. The Council considered adoption of an ordinance authorizing the City Manager to execute an amendment to the professional services agreement with Reed Consulting Group for consulting services related to electric restructuring by adding a task order and authorizing payment of additional compensation; and providing for an effective date. (The Public Utilities Board recommended approval 3 -0.) Sharon Mays, Director of Electric Utilities, stated that this was the firm that helped the City with its electric restructuring. The retainer would be to assist with options that the four cities were examining in regards to the TMP A debt. The following ordinance was considered: NO. 98-230 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING BY ADDING A TASK ORDER AND AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered adoption of an ordinance authorizing the City Manager to execute a water main prorata reimbursement agreement between the City of Denton and Dieter Schwarz by NR & RJ Properties L.P., his attorney in fact, to reimburse owner for the costs of building water main through prorata charges paid to the city; and providing an effective date. (Lakeview Ranch) Jill Jordan, Director ofW ater/W astewater, stated that the Lakeview subdivison currently did not have water anywhere close to it. In order to serve water it would have to be brought from the Clayton Estates Mobile Home Park. The following ordinance was considered: NO. 98-231 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARZ BYNR& RJPROPERTIES L.P., HIS ATTORNEY IN FACT, TO REIMBURSE OWNER FOR THE COSTS OF BUILDING WATER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs City of Denton City Council Minutes August 4, 1998 Page 16 "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 28. The Council considered adoption of an ordinance authorizing the Mayor to execute a water main cost participation agreement between the City of Denton and Dieter Schwarz by NR & RJ Properties L.P., his attorney in fact, for the City's participation in the over sizing of a water main and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (Lakeview Ranch) The following ordinance was considered: NO. 98-232 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST P ARTICIP ATION AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARZ BY NR & RJ PROPERTIES L.P., HIS ATTORNEY IN FACT, FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 29. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City of Denton and the Upper Trinity Regional Water District and the City of Lewisville concerning the pass-through of water from Cooper (Chapman) Lake in accordance with the terms and conditions of said agreement; providing consideration for the pass-through of said water and for the interim and long term sale of Denton's share of the Cooper Lake water under certain circumstances; and providing for the coordination of daily usage, water accounting and an operating protocol and other procedures set forth in the body of said agreement; and providing for an effective date. The following ordinance was considered: NO. 98-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT AND THE CITY OF LEWISVILLE CONCERNING THE P ASS- THROUGH OF WATER FROM COOPER (CHAPMAN) LAKE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT; PROVIDING CONSIDERATION FOR THE P ASS- THROUGH OF SAID WATER AND FOR THE INTERIM AND LONG TERM SALE OF DENTON'S SHARE OF THE COOPER LAKE WATER UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR THE COORDINATION OF DAILY USAGE, WATER City of Denton City Council Minutes August 4, 1998 Page 17 ACCOUNTING AND AN OPERATING PROTOCOL AND OTHER PROCEDURES SET FORTH IN THE BODY OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 31. The Council considered adoption of an ordinance authorizing the City Manager to make an application with and then to execute a public transportation agreement and subsequent amendments with the Texas Department of Transportation for funding public transportation; and providing an effective date. Rick Svehla, Deputy City Manager, stated that this ordinance would allow the City Manager to sign the application for a public transportation agreement and the authorization to sign subsequent amendments as needed. The following ordinance was considered: NO. 98-234 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 32. The Council considered adoption of an ordinance authorizing the City Manager to file an application with and to execute a grant and subsequent amendments with the US. Department of Transportation Federal Transit Administration for Project No. TX-90-X446, a grant for funding public transportation as authorized by 49 US.C. §5307; and providing an effective date. The following ordinance was considered: NO. 98-235 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE US. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X446, A GRANT FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZED BY 49 US.C. §5307; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 4, 1998 Page 18 Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 3 3. The Council considered approval of a resolution appointing Michael J ez as City Manager for the City of Denton; authorizing the Mayor to execute an agreement for his terms of employment; and declaring an effective date. The following resolution was considered: NO. R98-038 A RESOLUTION APPOINTING MICHAEL JEZ AS CITY MANAGER FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 34. The Council considered nominations and appointments to the City's Boards and Commissions. Mayor Miller asked for a motion to suspend the rules to nominate and vote on those nominations at the same meeting. Burroughs motioned, Beasley seconded to suspend the rules. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Nominations were made and voted on as noted in the handout presented in the agenda back-up materials. 35. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for the Council. 36. New Business The following items of New Business were suggested by Council Members for future agendas: A Mayor Pro Tern Beasley asked if Council wished to continue with its Adopt-A-Spot. B. Mayor Pro Tern Beasley asked for a suggested calendar for a May Charter election. C. Council Member Young requested an update on the Dentex Air Conditioning situation with Code Enforcement City of Denton City Council Minutes August 4, 1998 Page 19 37. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. The following official action was taken on Closed Meeting items held under Section 551-071- 551.085 of the Texas Open Meetings Act. A Burroughs motioned, Young seconded to amend Ordinance 98-182 to provide for reimbursement to the City of Denton for costs of condemnation ofLakview Boulevard right-of-way. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 1 :00 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS