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Minutes June 2, 1987130 City of Denton City Council Minutes June 2, 1987 The Council convened into the Work £ession at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None The Council received an update on the radio system. Rick Svehla, Deputy City Manager, stated that at the present time 74 radios had been committed to the system. Some of the bigger entities, such as the County and the School District, had not yet committed to the system. The State School had made a verbal commitment for approximately 30-40 radios. Proposed changes would be that in 1987-88 there would be a payment on the interest for the bonds. This needed to be done so that the bonds would sell at a good rate. No conversion would be done in the early years as was once thought and more interest was needed by various entities. There would be no problem with the City not issuing the bonds on the 16th of June if there were not enough radios committed by them. Lloyd Harrell, City Manager, stated that if the County did not go on the system, there were alternative funding packages that could be looked into so that this opportunity did not pass the City by. It was the consensus of the Council to continue as planned. 2. The Council convened into Executive Session to discuss legal matters, real estate, personnel and board appointments, more specifically, board and commission appointments. No official action was taken. The Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council considered approval of the minutes of the special call meeting of May 1, 1987, the regular meeting of May 5, 1987 and May 12, 1987. Council Member Hopkins pointed two two typographical errors that had been made and asked the City Secretary to change such. McAdams motion, Ayer second to approve the minutes with the corrections as stated. Motion carried unanimously. City of Denton City Council Minutes June 2, 1987 Page 2 2. The Council received presentations of beautification awards to Mr. Ellis Thomas, Mr. and Mrs. John Brooks, Dr. Millie Johnson, and the Center for the Visual Arts. Mr. Bob Tickner, Superintendent of Parks, stated the Ellis Thomas and Mr. and Mrs. John Brooks had received the awards in the residential category. Dr. Millie Johnson and the Center for the Visual Arts had received the awards in the commercial category. Mary Lee Kendricks accepted the award for the Center for the Visual Arts. Item 6.A. was moved ahead in the agenda order. 6. Resolutions A. The Council considered approval of a resolution in appreciation of Milton "Shep" Scogin. The following resolution was presented by Mayor Stephens: RESOLUTION OF APPRECIATION A RESOLUTION IN APPRECIATION OF MILTON "SHEP" SCOGIN AND DECLARING AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Mayor Stephens congratulated Mr. Scogin for all the years of work he had done in the reserve service. B. The Council considered approval of a resolution temporarily closing the 100 block of North Elm, West Oak, North Locust and West Hickory (The Square) from 6:00 a.m. until 12 midnight on September 19, 1987 for County Seat Saturday. The following resolution was considered: RESOLUTION NO, R87-036 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 19, 1987; AND DECLARING AN EFFECTIVE DATE. Geneva Berg, Central Business District, stated that the celebration last year was such a success that it wa~ requested again this year. The theme this year would be in the spirit and tradition of the past. 131 132 City of Denton City Council Minutes June 2, 1987 Page 3 Ayer motion, McAdams second to approve the resolution. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "ayes" Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." C. The Council considered approval of a resolution temporarily closing Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge on June 20, 1987 from the hours of 2:00 p.m. until 11:30 p.m. for the purpose of having a neighborhood block party. The following resolution was considered: RESOLUTION NO. R87-037 A RESOLUTION TEMPORARILY LYNHURST STREETS ON JUNE 20, EFFECTIVE DATE. CLOSING PEMBROOKE AND 1987; AND DECLARING AN Zane Lemon stated that the block party was so successful last year that all the area residents wanted to hold it again this year. The Council returned to the regular agenda order. Public Hearings A. The Counc~ :onsidered approval of a petition of Metroplex Engineering C.~poration, representing Country Club Place Joint Venture, requesting the amendment of a planned development and approval of a detailed plan. The property was located at the southeast corner of FM 1830 and Hobson Lane and was approximately 6.505 acres located in the T. Martin Survey, Abstract 900. If approved, the detailed plan would permit the development of zero lot line houses on 5,000 square foot lots. (Z-1844) The Mayor opened the public hearing. Greg Edwards, Metroplex Engineering, stated that this was a revised detail site plan. The previous request had been for duplexes, four-plexes and multi-family type usage. A more unified community development was being presented. Attached single family lots were being suggested in order to make the area appear more unified. The density would be reduced in the area and a pool and tennis court would be added. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes June 2, 1987 Page 4 Denise Spivey, Urban Planner, stated that 5 reply forms had been mailed with 1 r~turned in favor and 0 in opposition. The petition requested a change from attached and detached townhomes/patio homes to attached housing. Both the density and intensity would be reduced and the overall design would be improved. The Planning and Zoning Commission voted 7-0 in favor of the petition. The following ordinance was considered: NO. 87-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256, AS AMENDED, TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN FOR A PORTION OF THE DISTRICT; SAID PLAN CONSISTING OF 6.5 ACRES LOCATED NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF FM 1830 AND HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. " Alexander "aye," Hopkins "aye, vote~ McAdams "aye, ,, "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." B. The Council held a public hearing concerning the proposed annexation of 212.12 acres being a part of the I. Coy Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2; B. Burleson Survey, Abstract No. 65; N. Coker Survey, Abstract No. 249; and the R. Johnson Survey, Abstract No. 666. (A-46) The Mayor oPened the public hearing. Cecile Carson, Urban Planner, stated that this was a petition of the City of Denton. It would be a 500' strip along the I35 corridor. This was a reduction from a previous annexation from 700'. This annexation would allow for control of land use and future land use. The City could also expand to the east and west with this annexation. 32 reply forms were mailed with 0 returned in favor and 5 returned in opposition. Lisa Katz, Denton Joint Venture, spoke in favor stating that the 500' strip was fine with her and her associates. No one spoke in opposition. The Mayor closed the public hearing. 133 Con~ensus of the Council was to continue with the annexation process. City of Denton City Council Minutes June 2, 1987 Page 5 Consent Agenda Alexander motion, Hopkins second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. Bid #9742 - Tires and Service 2. Bid #9747 - Chemicals - Water Treatment 3. Bid #9745 - Texas Instruments Water and Sewer - Part III (City) 4. P.O. #78766 - Utility Equipment Company $12,783.53 - repairs B. Plats and Replats Consider approval of preliminary plat of the Country Club Place Addition, Lots 3 through 36, Block A. (The Planning and Zoning Commission recommends approval.) Consider approval of preliminary and final replat of the Foxhunt Addition, Part of Lots 8 and 27. (The Planning and Zoning Commission recommends approval.) Consider approval of preliminary plat of the Gigliotti Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Final Payments 1. Consider approval of a final payment on Stuart/Pershing Outfall project, Change Order #3 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. City of Denton City Council Minutes June 2, 1987 Page 6 The following ordinance was considered: NO. 87-097 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 87-098 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton " Ayer "aye," Boyd "aye," and Mayor Stephens "aye." ~] carried unanimously. C. The Council considered adoPtion of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 87-099 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams motion to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 135 136 City of Denton City Council Minutes June 2, 1987 Page 7 D. The Council considered adoption of an ordinance amending Ordinance No. 87-043 designating and establishing speed zones for east and west bound traffic on U.S. Highway 380 from its intersection with interstate Highway 35 to western city limits for a distance of 2.592 miles. The following ordinance was considered: NO. 87-100 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35 TO WESTERN CITY LIMITS FOR A DISTANCE OF 2.592 MILES; REPEALING ORDINANCE NO. 83-03; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that this was near the Selwyn School and was a matter of housekeeping. Council Member Boyd asked if this area was eligible for the new 65 mile per hour speed limit. Rick Svehla, Deputy City Manager, replied that the area did not apply for the new speed limit in that it was a state highway and the new speed limit applied only to the interstate highways. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "ayet" and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of ordinance and service plan instituting annexation of 69.1694 acres being part of the S. Venter Survey, Abstract No. 1315; C. Chacon Survey, Abstract No. 298; J. Baker Survey, Abstract No. 47; J. Dickson Survey, Abstract No. 342; and the A. Cannon Survey, Abstract No. 232, and located adjacent and south of FM 2181 and east of Old Alton Road. (A-48) The following ordinance was considered: NO. 87- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CIT~ OF DENTON~ TEXAS; BEING ALL THAT LOTt TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 69.1694 ACRES OF LAND LYING AND BEING City of Denton City Council Minutes June 2, 1987 Page 8 SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE S. VENTER SURVEY, ABSTRACT NO. 1315, C. CHACON SURVEY, ABSTRACT NO. 298, J. BAKER SURVEY, ABSTRACT NO. 47, J. DICKSON SURVEY, ABSTRACT NO. 342, AND THE A. CANNON SURVEY, ABSTRACT NO. 232, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance and service plan annexing approximately 80.82 acres being part of the James Coltart Survey, Abstract No. 288, and located northwest of Loop 288, north of Kings Row, and west of Farris Road. (A-42) The following ordinance was considered: NO. 87-101 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 80.82 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE JAMES COLTART SURVEY, ABSTRACT NO. 288; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Cecile Carson, Urban Planner, stated that this was the final action on a proposed annexation north of Loop 288, adjacent to a development by Teasley Road Associates. The adjacent property was zoned and annexed last year. A proposed single family developed was planned if annexation was completed. Hopkins motion, McAdams second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." 137 138 City of Denton City Council Minutes June 2, 1987 Page 9 G. The Council considered approval of an ordinance establishing cost for street lighting services pursuant to section 25-21 of Chapter 25 of the Code of Ordinances and repealing ordinances in conflict therewith. The following ordinance was considered: NO. 87-102 AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING SERVICES PURSUANT TO SECTION 25-21 OF CHAPTER 25 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that once a year the ordinance was looked at for actual cost for providing the street light fixtures. This was an annual cost adjustment. McAdams motion, Boyd second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered approval of an ordinance approving a contract for the City's participation in the cost of installing an oversized water main; authorizing the Mayor to execute the contract; and approving the expenditure of funds. The following ordinance was considered: NO. 87-103 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFOREt AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was a water line being installed by Texas Instruments to ~ervice their new facility. The Public Utilities Board recommended approval. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye t" Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "ayes" and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes June 2, 1987 Page 10 I. The Council considered approval of an ordinance approving a contract for the City's participation in the cost of installing an oversized sewer main; authorizing the Mayor to execute the contract; and approving the expenditure of funds. The following ordinance was considered: NO. 87-104 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. 139 Bob Nelson, Executive Director of Utilities, stated that this item was also for the new Texas Instruments facility. The Public Utilities Board recommended approval. Debra Drayovitch, City Attorney, stated that several original contracts had been brought to the City by the officials of Texas Instruments. The developer had proposed to delete language on page 2 of the contract but Drayovitch recommended that the Council pass a contract that had not been amended. Greg Edwards, Metroplex Engineering, stated that he thought the problem was with giving title to an easement which Texas Instruments had no part of. Drayovitch suggested postponing a vote on this item until the next meeting. Council Member Alexander suggested approving the original document and if that was not agreeable with the developer, then he could refuse the agreement and an adjustment could be made next week. McAdams motion, Ayer second to adopt the ordinance as originally prepared by the City of Denton. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Resolutions Items A., B., and C. were acted on earlier in the meeting. 140 City of Denton City Council Minutes June 2, 1987 Page 11 D. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a final statement of objectives and projected use of funds with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. The following resolution was considered: RESOLUTION NO. R87-038 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1994, AS AMENDED. Barbara Ross, Community Development Block Grant, stated that the application would approve approximately $578,000 worth of funding for the next fiscal year. The CDBG Committee was recommending that the funds be spent as followed: $300,000 for housing rehabilitation, $30,000 for demolition for substandard structures, $102,000 for the Phoenix Apartments, $960 for a smoke detector program, $25,000 for a small business incubator study and $113,000 for administration of the program. Mayor Pro Tem McAdams asked why federal funds were being spent on another federal program. She wondered if other avenues had been sought for the renovation of the Phoenix Apartments. Mayor Stephens stated that the recommendation had come from the citizens committee and not from the federal government. Ross stated that there had been quite a lot of citizen input at the public hearing and that many individuals had requested funding for the Phoenix Apartments. McAdams was concerned if there were not other funds to renovate the Apartments without having to always use funds that may go to other projects. Joe Gordon, Director of the Housing Authority, replied that there were no other funds available for the Phoenix Apartments. Boyd motion, McAdams second to approve the resolution. voter McAdams "aye," Alexander "aye," Hopkins "aye," "ayev" Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." City of Denton City Council Minutes June 2, 1987 Page 12 Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. COG was hosting its annual meeting on June 12th. Council members needed to decide if they wanted to attend. B. Harrell presented a potential revenue raising issue - expanding the sales tax to cover telecommunications. This needed to be done before June 30. 8. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 9. New Business The following items of new business were suggested by Council Members: A. Council Member Ayer requested staff to provide information to the Council concerning rights, responsibilities, option of the City in regard to utility districts, specifically what can the City Council do to make sure people who purchase property in an area where a utility district had been voted are made aware of that fact. B. Council Member Boyd suggested that as part of the maintenance of vacant lots, the program include the fire ant control. 10. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. More specifically to hold a discussion regarding Board and Commission appointments. The following action was taken: A. The Council appointed Mr. Murray Ricks to the ~Board of Adjustment. With no further business, the meeting was adjourned. JENNIFER WALTERS, CITY SECRETARY CITY OF DBNTONv TEXAS RAY STEi~HENS, MAYORu CITY OF DENTON, TEXAS 141 1759j