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Minutes October 06, 1998CITY OF DENTON CITY COUNCIL MINUTES October 6, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, October 6, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: ABSENT: 1. Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Young. Council Member Durrance and Kristoferson The Council considered the following in Closed Meeting: A. 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. Deliberations regarding Real Property -Under TEX. GOV'T. CODE Sec. 551.072 The Council considered and discussed acquiring right-of-way for Scott Street sidewalks between Kerley Street and Morris Street in southeast Denton including the possibility of condemnation. Council Member Durrance arrived during the Closed Session. The Council convened into a Regular Meeting on Tuesday, October 6, Council Chambers of City Hall. PRESENT: 1998 at 7:00 p.m. in the Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Young. AB SENT: Council Member Kristoferson 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of June 9, June 16, July 15, July 21, and July 28, 1998. Durrance motioned, Beasley seconded to approve the minutes. Council Member Burroughs noted a typographical error in the minutes of July 21, page 16, Item 30. The figure should be 300 pounds and not 30 pounds. On roll vote of the minutes as corrected, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes October 6, 1998 Page 2 PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented the following proclamations: National Business Women's Week Domestic Violence Awareness Month Fire Prevention Week Public Power Week Keep Denton Beautiful Adopt-A-Spot Month 4. October Yard-of-the Month Awards Mayor Miller presented the following October Yard-of-the Month awards: Tim, Kathi and Jackyln Randolph Roberta G. Arnold Avonlea Homes and Middour Landscapes Paces Crossing Apartments The Denton Opera House-Downtown Business Award 5. United Way Presentation Deana Ortiez stated that the City had participated in the Pace Setter United Way program this year and won the Pinnicle award. Employees who participated in the campaign for each department were presented awards for their participation. CITIZEN REPORTS 6. The Council received a report from Nell Yeldell regarding the inability to receive tax records. Ms. Yeldell questioned the method of appraisal for her home and the homestead designation on property. She felt it should apply to her property. Mayor Miller asked City Manager' s office to contact Ms Yeldell. Property appraisal and homestead designations were done by Denton County and not by the City. 7. The Council received a report from Dessie Goodson regarding the City of Denton Police Department. Ms. Goodson stated that on September 11th she went to the Court Reporters Office to get a copy of her transcript of her trial. No one was there so she waited for someone to arrive. A Police officer came to the office and told her to leave as she was in criminal trespass. She had to go to jail and her shirt was torn in the jail by an officer. She could not get her medicine for her seizure. She also City of Denton City Council Minutes October 6, 1998 Page 3 accused the officers of pulling on her left arm and hurting her. She demanded an investigation on her arrest. NOISE EXCEPTIONS 8. The Council considered a request for an exception to the noise ordinance for Cooper Creek United Methodist Youth Ministry "Kids for Christ Youth Rally" to be held on Saturday, October 17, 1998 from 3:00 p.m. until 2:00 a.m. Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 9. The Council considered a request for an exception to the noise ordinance for the Denton Main Street Association second annual Pops in the Park Concert to be held Sunday, October 25, 1998, in Civic Center Park from 3 p.m. to 6:30 p.m. Cochran motioned, Beasley seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA Young motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 10. Tax refund to J. C. Penney's #1046-2 for $2,518.81 due to a tax liability reduction on 1996 Supplement from the Denton Central Appraisal District on tax account #900848. 11. Ordinances and interlocal ambulance agreements between the City of Denton and the following cities for ambulance services: A. Ordinance No. B. Ordinance No. C. Ordinance No. D. Ordinance No. E. Ordinance No. F. Ordinance No. G. Ordinance No. H. Ordinance No. 98-303 - City of Argyle 98-304 - City of Corinth 98-305 - City of Hickory Creek 98-306 - City of Krum 98-307 - City of Lake Dallas 98-308 - City of Ponder 98-309 - City of Sanger 98-310 - City of Shady Shores 12. NO. R98-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY ALAN RICHEY, INC. OF A COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED MAY 15, 1998 TO ROBBY RICHEY; AND City of Demon City Council Minutes October 6, 1998 Page 4 PROVIDING FOR AN EFFECTIVE DATE. 13. 14. 15. 16. 17. NO. 98-311 AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC. (FORMERLY AIR DENTON, INC.); AND PROVIDING FOR AN EFFECTIVE DATE. NO. 98-312 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDERS #1, #2 AND #3 TO THE CONTRACT FOR RENOVATION OF DENTON CITY HALL AND MUNICIPAL COMPLEX (CITY HALL EAST) - PROJECT II BETWEEN THE CITY OF DENTON AND DBR CONSTRUCTION CO.; PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2184 - GENERAL CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL CENTER AND CITY HALL - PROJECT II, PO #85176 TO DBR CONSTRUCTION COMPANY IN THE NET AMOUNT OF $36,804.00 DEDUCT.) NO. 98-313 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO AN EMERGENCY PURCHASE ORDER FOR REPAIR TO LAKE PUMP #4 BETWEEN THE CITY OF DENTON AND LAYNE, TEXAS; PROVIDING FOR AN INCREASE IN AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #86363 TO LAYNE, TEXAS CHANGE ORDER #1 IN THE AMOUNT OF $24,336.00) NO. 98-314 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER FOR REPAIR TO SOLID WASTE DUMPSTER CONTAINERS BETWEEN THE CITY OF DENTON AND DUMPSTER DOCTOR; PROVIDING FOR AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PO #86582 TO DUMPSTER DOCTOR IN THE AMOUNT OF $15,512.00) NO. 98-315 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR SANITARY SEWER SERVICE CLEANING AND TELEVISING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2270 - SANITARY SEWER SERVICE CLEANING AND TELEVISING AWARDED TO NEZAT AND ASSOCIATES IN THE NOT TO EXCEED AMOUNT OF $75,000.00 PER YEAR) City of Demon City Council Minutes October 6, 1998 Page 5 18. NO. 98-316 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR SOLID WASTE ANALYTICAL TESTING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2271 - ANNUAL SOLID WASTE ANALYTICAL TESTING AWARDED TO CERTES ENVIRONMENTAL LABORATORIES IN THE ESTIMATED ANNUAL AMOUNT OF $25,000.00) 19. NO. 98-317 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF ANNUAL HARDWARE MAINTENANCE FOR SPECIFIC POLICE AND FIRE RELATED MIS COMPUTER SYSTEMS WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO #87886 - INTEGRATED COMPUTER SYSTEMS INC. (ICS) IN THE AMOUNT OF $30,850.00) 20. NO. 98-318 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO SMARTNET SOFTWARE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, QUALIFIED iNFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #87889 TO NTCS, INC. IN THE AMOUNT OF $24,510.00) 21 NO. 98-319 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO #88137 TO WRIGHT LiNE IN THE AMOUNT OF $12,388.80 AND PO #88138 TO WRIGHT LiNE IN THE AMOUNT OF $6,514.49 - TOTAL AWARD $18,903.29) 22. NO. 98-320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUTER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE. 23. NO. 98-321 City of Denton City Council Minutes October 6, 1998 Page 6 AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM FOR THE PURPOSE OF REAUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA. 24. NO. 98-322 AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM FOR THE PURPOSE OF REAUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA. 25. No. 98-323 AN ORDINANCE FOR OPERATION OF THE CITY OF DENTON RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, REAUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA. VARIANCES 26. The Council considered approval of exaction variances from Section 34-114(5) and (17) concerning perimeter paving and sidewalks, respectively, of the Subdivision and Land Development Regulations for an 18.006-acre property. The property was located on the southeast corner of Hobson Lane and FM 1830 (Country Club Road). The proposal was to subdivide the property into three large residential lots, ranging from 2.8 to 10 acres, and one 2.2-acre lot for office development. (The Planning and Zoning Commission recommended approval.) (Davis Oaks) Mark Donaldson, Assistant Planning Director, stated that this request applied to a recent zoning case and was a request for a variance for sidewalks and perimeter street paving. Current city requirements would require sidewalks along both roads and perimeter paving along Hobson Lane. The Planning and Zoning Commission recommended a partial variance requiring the sidewalks along and adjacent to the office uses with no perimeter paving required. Staff was recommending sidewalks along the office zoning and perimeter pavement in the form of patching and an overlay in an amount not to exceed $23,300 on Hobson Lane. Durrance motioned for denial of the variances. Motion died for lack of a second. Young motioned, Beasley seconded to approve the variances as recommended by the Planning and Zoning Commission. Council Member Cochran stated that he was concerned about the cost left to the taxpayers for future improvements if this were granted. He preferred the staff recommendation. Mayor Pro Tem Beasley stated that she would like to have sidewalks along the office zoning and felt that Hobson Road appeared to be in good shape and the paving was not necessary. City of Denton City Council Minutes October 6, 1998 Page 7 Council Member Durrance felt that it was important to not grant the variances as it later would be costly to install the sidewalks for the foot traffic. On roll vote to grant the variances, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 4-2 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 27. The Council considered a request to amend a portion of the approved concept plan for a planned development zone district (PD-120). A public hearing for this request was opened and closed by City Council on September 1, 1998. (The Planning and Zoning Commission recommended approval 7-0.) (Z-98-027, North Pointe) Mayor Miller stated that this was a postponement of a previous public hearing. There was a motion with an amendment before Council. Mark Donaldson, Assistant Planning Director, stated that at the Council's September 1st meeting, a public hearing was held regarding this request to amend the concept plan for PD-120. The motion was to approve the staff's recommendations that were presented. That represented a significant reduction in intensity on the land to be in compliance with the 1988 Development Plan. The biggest different was 12 units per acres as recommended by staff versus the 18 units per acre as recommended by the Planning and Zoning Commission. The difference represented approximately a 200-unit difference. Council Member Cochran questioned whether the amount of traffic generated by the site would be handled by the improvements indicated regarding the road. Donaldson stated that the concept plan indicated three phases of the overall development of the property. The applicant agreed to keep those improvements in place and many were already completed or would soon be completed by the City or TxDot, particularly on Highway 77. The property was surrounded by arterial roads on all sides. With the improvement of the road as development warranted, it would handle the proposed development. Council Member Cochran wanted to make sure that that would be part of what would be voted on. He asked if that were included in the proposed ordinance. Donaldson stated that the staff recommendation included a specific list of transportation improvements provided. The Planning and Zoning Commission had also adopted that condition. Otis Lee stated that the owners of the property had reviewed the motion and the amendments made at the last Council meeting. The existing planned development had a significantly higher intensity than what was requested. Staff made a recommendation to reduce those recommended floor to area ratios. There was a compromise proposed at the Planning and Zoning Commission that was lower than they requested but higher than the staff recommendation. After discussion, they requested that Council consider approving the compromise floor to area ratios and the number of units. The compromise was a better situation than the existing planned development. There was a significant list City of Denton City Council Minutes October 6, 1998 Page 8 of restrictions on the office development. They would agree to the condition that the offices would be 100% masonry and requested that the other items held until such time as more detailed development plans were done. If Council did not approve the compromise request, they requested that the item be withdrawn from the Council agenda. Mayor Pro Tem Beasley asked about the progress of working with the DISD. Lee stated that based on the requested zoning for the single family area, the number of units was reduced, based on the area of 15 acres and 25 acres for a detention area with the recommendation of 470 units. There would be no definite agreement with the DISD until the zoning case was completed. Mayor Pro Tem Beasley asked about the detention area. Lee stated that they would have a requirement for a certain portion of the detention for the property that would be worked in with the 25-acre pond. They would pay for that portion and dedicate such and the remainder would be done with CIP funds. Mayor Pro Tem Beasley stated that she had talked with the Planning Director regarding office restrictions. He indicated that those should be dealt with in the detailed plan stage. She indicated that she would be voting against the amendment. She did agree with the masonry proposal. Council Member Durrance stated that the school discussions were not done to his satisfaction. On roll vote for the amendment to the office zoning, Beasley "nay", Burroughs "nay", Cochran"aye", Durrance "aye", Young "nay", and Mayor Miller "nay". Motion failed with a 2-4 vote. Young motioned, Burroughs seconded to adopt the ordinance with the Planning and Zoning Commission recommendations that included the 100% masonry construction. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5-1 vote. Council considered Item #29. 29. The Council considered adoption of an ordinance granting a license to Acme Brick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a license fee; providing for the regulation of the construction, reconstruction, maintenance, and use thereof. City Manager Jez stated that this ordinance would approve a license to Acme Brick for a 60' crossing on Hobson Lane for a natural gas pipeline. The following ordinance was considered: (First Reading) AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPEL1NE City of Denton City Council Minutes October 6, 1998 Page 9 WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A LICENSE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Council returned to the regular agenda order. 28. The Council considered adoption of an ordinance amending Ordinance No. 94-183, and Section 2-29 of the Code of Ordinances and amending the Rules and Procedures of the City Council of the City of Denton by establishing the time for regular City Council meetings and providing time limits for Council Members speaking on various agenda items. City Attorney Prouty stated that this ordinance was a result of the follow-up to the Council's planning session. The first change would be a change in the time of the meetings from 7:00 p.m. to 6:00 p.m. for the Council's regular meetings. The second change incorporated the time limits on Council Members speaking on items. Council's first remarks would be limited to 4 minutes that would be used as a guideline and not timed. The second time limit was a 2-minute rebuttal after each member had spoken on the item. This was a mandatory two minute period and was timed. Council Member Young stated that he was against the time limits as they limited debate and those limitations would only serve those in the majority. Citizens speaking to the Council received five minutes which was more time than the Council would have. The problem was not Council debating the issues. He felt the Mayor should control the debate and that Council needed to respect the Mayor. Mayor Miller stated that this issue was discussed at the Council's planning session and Council Member Young was not present for those discussions. Discussion at that meeting indicated that when the Mayor attempted to control discussion, members would get angry. Council decided to have uniform rules for everyone. Council Member Young felt that the formal rules were not necessary and that the Council should agree to informally follow the rules. After discussion, Mayor Miller suggested Council approve the ordinance with just the 6:00 p.m. time change and have a commitment to respect time to address an issue. The Council would honor the Mayor's request to complete discussion. If a volunteer limit on discussion did not work, Council would revisit the issue. The following ordinance was considered: NO. 98-325 AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AND SECTION 2-29 OF THE CODE OF ORDINANCES AND AMENDING THE RULES AND City of Denton City Council Minutes October 6, 1998 Page 10 PROCEDURES OF THE CITY COUNCIL OF THE CITY OF DENTON BY ESTABLISHING THE TIME FOR REGULAR CITY COUNCIL MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance eliminating the section dealing with time restrictions for Council discussion. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 30. The Council considered approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards; and providing an effective date. The following resolution was considered: NO. R98-055 A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young 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. 31. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Ruth G. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara Kellum Reese, and Margaret Mays for the purchase of approximately 1.380 acre tract of land known as Parcel 6A, 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. (The Planning & Zoning Commission recommended approval 7-0.) Rick Svehla,Deputy City Manager, stated that Items #31-37 were for right-of-way property needed for the Highway 77 widening. The amounts of the contracts varied by size, potential zoning and existing zoning. Young motioned, Cochran seconded to adopt the ordinances for Items #31-37. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 31. NO. 98-326 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.380 ACRE TRACT OF LAND KNOWN AS PARCEL 6A, 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. City of Demon City Council Minutes October 6, 1998 Page 11 32. 33. 34. 35. 36. NO. 98-327 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 0.514 ACRE TRACT OF LAND KNOWN AS PARCEL 6A(E), 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. NO. 98-328 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.185 ACRE TRACT OF LAND KNOWN AS PARCEL 6B, 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. NO. 98-329 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K. KING LAND TRUST, RELATING TO THE PURCHASE OF 0.141 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 7); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. No. 98-330 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE PURCHASE OF 0.164 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 8A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. 98-331 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE PURCHASE OF 0.149 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 8B); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 6, 1998 Page 12 37. NO. 98-332 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES TERRY WILLHOITE, RELATING TO THE PURCHASE OF 0.080 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 30); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 38. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services contract between the City of Denton and Kimley-Horn and Associates, Inc. for engineering services concerning the building of 9,680 feet of 20-inch water line along Bernard and James Street from Lindsey to Hobson Road; authorizing the expenditure of funds therefor; and providing an effective date. Jill Jordan, Director of Water/Wastewater, stated that this item would provide for the engineering design of a major waterline that would serve the southern portion of the City. The following ordinance was considered: NO. 98-333 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES CONCERNING THE BUILDING OF 9,680 FEET OF 20-INCH WATER LiNE ALONG BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 39. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to enter into a Professional Services Agreement with Alan Plummer Associates, Inc. for professional services regarding Denton's wastewater treatment and solid waste disposal long term facility/land use planning evaluation and other professional engineering services regarding the Pecan Creek WRP; authorizing the expenditure of funds; and providing for an effective date. Jill Jordan, Director of Water/Wastewater, stated that the wasetewater treatment plant and the landfill shared a site and both had plans for expansion. This ordinance would develop good planning for the site. Also there were new air pollution rules the city needed to comply with by June of next year dealing with hazardous chemicals. This study needed to be done immediately. The following ordinance was considered: NO. 98-334 City of Denton City Council Minutes October 6, 1998 Page 13 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES REGARDING DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND OTHER PROFESSIONAL ENGINEERING SERVICES REGARDING THE PECAN CREEK WRP; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 40. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement for Denton' s hazard reduction/elimination study and assistance with risk management plan preparation for water and wastewater plants with Carollo Engineers, P.C.; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 98-335 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFE S SIONAL SERVICES AGREEMENT FOR DENTON' S HAZARD REDUCTION/ELIMINATION STUDY AND ASSISTANCE WITH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS WITH CAROLLO ENGINEERS, P.C.; 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", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 41. The Council considered approval of a resolution directing the City Manager to notify the Upper Trinity Regional Water District of the City of Denton' s desire to not continue its participation in the Lake Chapman (Cooper Reservoir) Water Supply Project; disapproving the District's proceeding with the project; and providing an effective date. The following resolution was considered: NO. R98-056 A RESOLUTION DIRECTING THE CITY MANAGER TO NOTIFY THE UPPER TRINITY REGIONAL WATER DISTRICT OF THE CITY OF DENTON' S DESIRE TO NOT CONT1NUE ITS PARTICIPATION IN THE LAKE CHAPMAN (COOPER RESERVOIR) WATER SUPPLY PROJECT; DISAPPROVING THE DISTRICT'S City of Denton City Council Minutes October 6, 1998 Page 14 PROCEEDING WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. Young 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. 42. The Council considered appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. Cochran motioned, Young seconded to appoint Mayor Miller and Council Member Burroughs as voting and alternate voting delegates. On roll vote, Beasley "aye", Burroughs "aye", Cochran"aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 43. Nominations and appointments to the City's Boards and Commissions. There were no nominations/appointments made at this meeting. 44. Miscellaneous matters from the City Manager. City Manager Jez indicated that staff would be providing Council with a proposed calendar for the next year's Council meetings. Several options would be provided and asked for Council input on the options. 45. New Business The following items of New Business were suggested by Council Members for future agendas: Mayor Pro Tem Beasley reminded Council of their adopt-a-spot clean-up on October 24th at 9:30 a.m. Council Member Young asked when the work would begin on Bridgett and Gayle Streets. 46. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 47. There was no official action taken 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 9:45 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS City of Demon City Council Minutes October 6, 1998 Page 15 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS