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Minutes October 20, 19873O6 CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 20, 1987 The Council convened into the Work Session 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 1. The Council received a presentation of a report from the Beautification Task Force. Jeanne Morrison presented a brief overview of the Committee's work. She stated that the Committee recommended adopting a master plan for entrances to the City and to establish the Beautification Committee as a permanent City committee. Jim Render presented the Committee recommendations regarding entranceways to the City, Bill Claiborne presented recommendations relating to sign ordinances and zoning regulations, Mike Cochran presented code enforcement recommendations, John Cooper presented the landscape and tree preservation recommendations and Theresa Waller related the Committee's recommendations regarding publicity and projects. 2. The Council held a discussion -regarding a possible taxi franchise in the City of Denton. Lloyd Harrell, City Manager, stated that at a previous Council meeting, Denton Taxi Service had requested an exclusive franchise for taxi service in the City. Cou'ncil had requested that the item be placed on a work session to discuss that possibility. Harrell made reference to a legal interpretation of current regulations regarding franchises from Joe Morris, Assistant City Attorney. Consensus of the Council was not to pursue the matter at that time. A letter of explanation as well as a copy of Mr. Morris' opinion would be sent to Denton Taxi. The Council considered the alignment of Woodrow Lane. Rick Svehla, Deputy City Manager presented a proposed street alignment which included proposed medians and median cuts. Consensus of the Council was to continue with a discussion of the alignment at a future meeting. ~ 301 City of Denton City Council Minutes October 20, 1987 Page 2 4. The Council received a report on unattended pools and consider directing staff to draft an appropriate ordinance. This item was not considered at the work session. S. The Council held a discussion regarding a resolution designating the date for a runoff election day when such an election was necessary. This item was not considered at the work session· 6. The Council did not convene into the Executive Session· The Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tom McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: NONE. Jack Miller, Chairman of the '91 Committee, presented overview of the progress of the projects. The Council received an update from the '91 Committee. aB Council thanked Mr. Miller and the other members of the Committee for all the work they had contributed to the Committee. 2. The Council considered approval of a temporarily closing Eagle Nest Court for 'a block October 25, 1987 during the hours of 4:00 ~ 8:00 p.m. The following resolution was considered: RESOLUTION NO. R87~063 resolution party on A RESOLUTION TEMPORARILY CLOSING EAGLE NEST COURT ON OCTOBER 2S, 1987; AND DECLARING AN EFFECTIVE DATE. Gorton motion, McAdams 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. 3. The Council received a report from Mr. George Edward Terry regarding a newspaper poll done on Flow Hospital. 308 City of Denton City Council Minutes October 20, 1987 Page 3 Mr. Terry stated that he had placed an ad in the' Denton Record-Chronicle on September 27-29, 1987 asking for citizen input regarding the Flow Hospital situation. Options for the poll were sole City ownership, sole County ownership, non-profit ownership, and close the Hospital. Mr. Terry received 709 responses. The breakdown of those responses were: 20 responses for sole City ownership (2.8% of the total responses); 232 responses for sole County ownership (32.7% of the total responses); 429 responses for a non-profit ownership (60.5% of the total responses); 17 responses for closing the Hospital (2.39% of the total responses). There were 11 write-in responses, 7 of those were for joint City-County ownership and 4 were for selling the Hospital to a for-profit organization. He stated that 97.5% of the responses indicated that people wanted Flow to remain open. Of those people who lived inside the City limits, the responses were in favor of a non-profit corporation. Of those people who lived outside the City limits, the responses were in favor of sole County ownership, The Mayor thanked Mr. Terry for his presentation. Public Hearings A. The Council held a public hearing on a proposed annexation of approximately 23.126 acres of land being part of the A. GibSon Survey, Abstract No. 498, and located south of E1 Paseo Drive at Forrestridge. (A-53) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carsons, Urban Planner, stated that this was a request of the City of Denton. She stated that the property was currently under construction for SF residences. Due to an error in an interpretation of where the property w~s located, the plat was approved and the DroDerty zoned prior to annexation. November 3, 1987 would be the next public hearing and final annexation would be on January 5, 1988. Consensus of the Council was to proceed with the annexation. City of Denton City Council Minutes October 20, 1987 Page 4 B. ~ The Council considered a petition of Burke Engineering, representing Don Curtis of Collin County. Land Company, requesting approval of a change in zoning from the agricultural (A) classification to the planned development (PD) district and approval of a concept plan for light industrial land use on an 18.1 acre tract located on the north side of East McKinney Street (FM 426) approximately 600 feet west of Mayhill Road. The property was further described as a tract in the M.E.P. and the P.R.R. Company Survey, Abstract No. 927. Z-1856. The Mayor opened the public hearing. Brian Burke, Burke Engineering spoke in favor. He stated that the petition was for 18.1 acres which already abutted three light industrial tracts. A good buffer would be incorporated in the development. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that there were 12 reply forms mailed to residents. One was returned in favor and zero in opposition. The petition was for zoning from (A) to (PD) for (LI) land use. The site was surrounded by (LI) uses. The Planning and Zoning Commission had recommended approval by a 4-1 vote. The following ordinance was considered: NO. 87-171 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO i8.1 ACRES OF LAND LOCATED ON THE NORTH SIDE OF EAST MCKINNEY STREET APPROXIMATELY 600 FEET WEST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PRovIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayet" Cordon ~aye,I~ Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 309 310 City of Denton City Council Minutes October 20, 1987 Page S C. The Council considered a petition of Burke Engineering, representing Teasley Road Associates Three, requesting approval of a detailed plan for a 13.630 acre tract located at the northwest corner of Kings Row and Farris Road. This property was a portion of a previously approved planned development at this location. If the request were approved, the following land uses would be permitted: 40 Single Family Detached Lots with a minimum lot size of 7,000 square feet on 12.063 acres with a density of 3.0 units per acre Park on 1.567 acres Z-1866 The Mayor opened the public hearing. Brian Burke, Burke Engineering, stated that the changes were in the street and lot layout for the property. The development was consistent with the intent as originally approved in the concept plan. Each lot would meet the SF-7 minimum lot requirements. The drainage, utilities and engineering aspects of the lots would work better with the proposed changes. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that four reply forms were mailed with one returned in favor and zero returned in opposition. This was a request for a detail plan for a portion of a previously approved planned development. The reason for the request was for improvement in street 'alignment and lot layout. The following ordinance was considered: NO. 87-172 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 86-198. AS SAID PLAN APPLIES TO 13.6 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF KINGS ROW AND FARRIS ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 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." City of Denton City Council Minutes October 20, 1987 Page6 311 5. Consent Agenda McAdams motion, Hopkins second to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #9784 - Bolivar Street 10" Water Line 2. P.O. #81014 - Pedus Services, Inc. 3. P.O. #81019 - Hewlett-Packard, Co. B. Plats and Replats 1. Consider approval of preliminary plat of the Curtis Industrial Addition, Lot 1, Block A. 2. Consider approval of preliminary plat of the Greenfield Woods Addition, Section IV., Phase A. 6. Ordinances A. The Council considered adoption of accepting competitive bids and providing for contracts for public works or improvements. The following ordinance was considered: an ordinance the award of NO. 87-173 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. vote, McAdams "ayes" Alexander "ayes" Hopkins "ayes" "ayev" Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." B. 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. 312 City of Denton City Council Minutes October Z0, 1987 Page 7 The following ordinance was considered: NO. 87-174 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. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams ay , Alexander "aye," Hopkins "aye, Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the expenditure of funds by the City of Denton for the annual service fee for membership in the American Public Power Association and approving the expenditure of funds therefor; and providing for an effective date. The following ordinance was considered: NO. 87~175 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that the item was for payment of annual fees to the American Public Power Association and he recommended approval. McAdams motion, Alexander 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. D. The Council considered ,adoption of an ordinance providing for the number of persons authorized to be employed in each classified position in the Police Department for the City of Denton, Texas; repealing all ordinances and resolutions in conflict herewith; and declaring an effective date. The following ordinance was considered: City of Denton City Council Minutes October 20, 1987 Page 8 NO. 87-176 AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED TO BE EMPLOYED IN EACH CLASSIFIED POSITION IN THE POLICE DEPARTMENT FOR THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. Gorton motion, Alexander 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. E. The Council considered adoption of an ordinance accepting the proposal of Washington National Insurance Company for excess insurance for the City's health insurance plan and for life insurance for City employees; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 87-177 AN ORDINANCE ACCEPTING THE PROPOSAL OF WASHINGTON NATIONAL INSURANCE COMPANY FOR EXCESS INSURANCE FOR THE CITY'S HEALTH INSURANCE PLAN AND FOR LIFE INSURANCE FOR CITY EMPLOYEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that items E,F and G were all related to the health package that Tom Klinck, Director of Personnel, had reviewed with the Council at the last work session. Tom Klinck, Director of Personnel, stated that these three ordinances were to implement the new health insurance program which included benefit enhancements. The goal was to provide City employees and family members wit. h adequate quality health care at reasonable cost. And to also ensure that the City of Denton had essential cost controls in place to manage those benefits provided. This contract was with Washington National in two sections - one for the excess insurance that would cover any shock claims above $60,000 and one to provide life insurance one t~mes the annual salary of employees. Alexander 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. 313 314 City of Denton City Council Minutes October 20, 1987 Page 9 F. The Council considered adoption of an ordinance accepting the proposal of Coordinated Benefit Systems to provide third party administration for the City's health insurance program; and authorizing the expenditure of funds therefor. The following ordinance was considered: NO. 87-178 AN ORDINANCE ACCEPTING THE PROPOSAL OF COORDINATED BENEFIT SYSTEMS, INC. TO PROVIDE THIRD PARTY ADMINISTRATIVE SERVICES FOR THE,CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS 'THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Tom Klinck, Director of Personnel, stated that this ordinance was for the City's third party administrator/coordinator benefit system to provide claims processing and administration. It would also provide analysis and management reporting to be able to target and correct excessive costs in health claims. Hopkins motion, McAdams second to adopt the ordinance. On roll voter McAdams "aye," Alexander "aye," Hopkins "ayev" Gorton "aye," Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the Mayor to execute agreements with Southwest Preferred Health Network for a preferred provider plan and for health services for its employees; authorizing the expenditure of funds therefor; and providing for an effective date. The following ordinance was considered: NO. 87-i79 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH SOUTHWEST PREFERRED HEALTH NETWORK FOR A PREFERRED PROVIDER PLAN AND FOR HEALTH SERVICES FOR ITS EMPLOYEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 20, 1987 Page 10 Tom Klinck, Director of Personnel, stated that this ordinance would put in place the preferred provider organization with Southwest Health Preferred Network which would provide financial incentives for employees to use cost effective doctors and hospitals. Gorton motion, Hopkins 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 adoption of an ordinance prohibiting the parking of vehicles on the north side of Gary Street from its intersection with Elm Street to its intersection with Locust Street when signs are posted; on the south side of Third Street from its intersection With Elm Street to its intersection with Locust Street when signs are posted; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. The following ordinance was considered: NO. 87-180 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF GARY STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET WHEN SIGNS ARE POSTED; ON THE SOUTH SIDE OF THIRD STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET WHEN SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that items H, I and J were all related. The new DISD Administration Building was completed. ~hen the bl~ck was occupied by the Stonewall Jackson School, Gary Strelet was one~way west bound and Third Street was one-way east bound to facilitate the movement of school buses in the area !and to allow unloading on the school side. Since the school !was no longer there, there was no longer that need and there was now a need for better access to the building in both directions. Since the streets would now be two-way, parking would not be permitted on Gary and Third. The Administration Building had ample parking and residents in the area and patrons of the local businesses would be permitted to park in the lot. 315 316 City of Denton City Council Minutes October 20, 1987 Page 11 McAdams motiOn, Alexander 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. I. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for two-way traffic east and west bound on Gary Street between Elm Street and Locust Street; and providing for an effective date. The following ordinance was considered: NO. 87-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TWO-WAY TRAFFIC EAST AND WEST BOUND ON GARY STREET BETWEEN ELM STREET AND LOCUST STREET; AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that information for this item was the same as for Item H. Alexander motion, McAdams 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. J. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for two-way traffic east and west bound on Third Street between Elm Street and Locust Street; and providing for an effective date. The following ordinance was considered: NO. 87-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TWO-WAY TRAFFIC EAST AND WEST BOUND ON THIRD STREET BETWEEN ELM STREET AND LOCUST STREET; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams 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. K. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Gayla Drive from its intersection with Mayhill Road to its intersection with Bridges Street; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. City of Denton City Council Minutes October 20, 1987 Page 12 317 The following ordinance was considered: NO. 87-185 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF GAYLA DRIVE FROM ITS INTERSECTION WITH MAYHILL ROAD TO ITS INTERSECTION WITH BRIDGES STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this originally a request from the neighborhood. Traffic movement was difficult when vehicles were parked on the road. Alexander motion, Hopkins second to adopt the ordinance. On vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Metro Street from its intersection with Interstate Highway 35W Service Road; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. The following ordinance was considered: NO. 87-184 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF METRO STREET FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35W SERVICE ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that there was a high volume of truck traffic in this area. Movement of larger vehicles was difficult when vehicles were parked on the street. Ail of the propf.rty owners in the area were in favor of the removal of the parking. McAdams motion, Alexande~ 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. 318 City of Denton City Council Minutes October 20, Page 13 M. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Brazos Electric Power Cooperative for the purchase of electrical facilities and easements; and providing for an effective date. The following ordinance was considered: NO. 87-185 AN ORDINANCE'APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this would be for the purchase of abandoned power line that Brazos Electric Power Cooperative had owned and which they no longer used. Purchase price would be $13,390 which would include right-of-ways and the existing transmission line. Hopkins motion, McAdams second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "ayev" and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." N. The Council considered adoption of an ordinance authorizing an agreement between the City of Denton and Texas Utilities Electric Company; and providing for an effective date. The following ordinance was considered: NO. 87-186 AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was a street rental agreement with the Texas Utilities Electric Company to use City streets to provide power to its customers. The rental agreement would be a 3% fee inclusive of permit fees which would carry payment back to September of 1985 through October of 1986. Ayer motion, Alexander 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. City of Denton City Council Minutes October 20, 1987 Page 14 319 O. The Council considered adoption of ordinance and service plan annexing a 9.2154 acre tract of land being part of the J. Early Survey, ADstract No. 1279, and part of the Moreau Forrest Survey, Abstract No. 417, and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A-47) The following ordinance was considered: NO. 87-187 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 9.2154 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins s~cond 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. P. The Council considered adoption of ordinance and service plan annexing a 24.3957 acre tract of land being part of the J. Ayers Survey, Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 65, and being located west of 1-35 and north of intersection of Rector Road. (A-50) The following ordinance was considered: NO. 87-188 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 24.3957 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. AYERS SURVEY, ABSTRACT NO. 2 AND PART OF THE B. BURLESON SURVEY, ABSTRACT NO. 65, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. 320 City of Denton City Council Minutes October 20, 1987 Page 1S McAdams motion, Alexander second to adopt the ordinance. On roi1 vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Q. The COuncil considered adoption of ordinance amending Chapter 22 of the Code of Ordinances to provide for a partial tax exemption for designated historic sites for a period of ten years;, providing for the recapture of taxes in specified cases; and providing for an effective date. The following ordinance was considered: NO. 87-189 AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR A PARTIAL TAX EXEMPTION FOR DESIGNATED HISTORIC SITES FOR A PERIOD OF TEN YEARS; PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED CASES; AND PROVIDING FOR AN EFFECTIVE DATE. Council Members Boyd and Hopkins requested permission to leave the meeting with a potential conflict of interest. Denise Spivey, Urban Planner, stated that the ordinance was for an abatement of real property ad valorem taxes which would apply to individually designated historic landmarks within the City of Denton. Approximately 30 properties would be affected. The ordinance would exempt 7S% of the assessed value of the designated structure or site for a maximum Of 10 successive years. There was a provision for recapture of taxes if the historical designation were removed from any of the sites or the structures either by the request of the owners or by a willful or negligent act by the owners within a 25 year period of the exemption. The taxes plus a 7% annual interest would be recaptured if such an action occurred. The effective date of the ordinance would be January 1, 1988. Mayor Pro Tem McAdams stated that she would like to see the percentage amount reduced to 50% and delay the effective date until January 1, 1989. Her reason for delaying the effective date was that for two years the Council had talked about being able to increase the tax exemption for elderly people and had not been able to do anything in that area. This was not a situation of direct need and if money could not be found for the elderly on a fixed income, then some restraint might be appropriate in this area. City of Denton City Councill Minutes October 20, 1987 ' '1 Page 16 Gorton motion, Alexanderi second to adopt the ordinance as presented. I Ayer motion, McAdams to ~mend the main motion to change the percentage from 75% to 510% and delay the effective date to ' " Alexander "aye, Sanuary I, I989. On roII Ivote, McAdams "aye, " Gorton "aye," Ayer "aye,'i' and Mayor Stephens "aye." Motion carried unanimousiy. Mayor Stephens asked if a provision had been made in the ordinance for an accounting procedure to make certain the amount abated was spent on the affected structure. Spivey stated that there was no provision in the ordinance for such a procedure. Mike Cochran, Historic Lindmark Commission, stated that the procedUre was not i'ncludedl in the ordinance because regulations for a historically designated structure were much more stringent than others. It was assumed that there woUld be a greater cost in owning suc!h a structure and that the amount of tax reduction to be used iwould be minimal as compared to the costs already experienced by the owner. Spivey stated that the accounting procedure would be very cumbersome for such a procedure. The Council voted on thei motion as amended, on roll vote, McAdams "aye," Alexander 'iaye," Gorton "naY," Ayer "aye," and Mayor Stephens "aye." Motion carried with a 4-1 vote. Council Members Boyd and HOpkins returned to the meeting. R. The Council considered adoption of an ordinance establishing fees for ambulance service and related services; and declaring an effectiveidate. The following ordinance wa~ considered: NO. 87-190 AN ORDINANCE ESTABLISHING FEES FOR AMBULANCE SERVICE AND RELATED SERVICES; AND DECLARING AN EFFECTIVE DATE. Ayer motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexlander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd i"aye," and Mayor Stephens "aye." Motion carried unanimously.! 321 322 City of Denton City Council Minutes October 20, 1987 Page 17 S. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Black & Veatch Consulting Engineers for a feasibility study of a solid waste incineration and steam generation facility. The following ordinance was considered: NO. 87-191 AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK & VEATCH CONSULTING ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that the life of the landfill was originally predicated at 25 years but because of the large volume of waste material that was being delivered to it, the life was now less than i0 years. One method of reducing the volume of waste material was the possibility of mass burning the solid waste in a facility and using the energy from that system to sell in the form of steam or using the steam in the City's electric generator. The ordinance was for a proposed contract with Black & Veatch for a feasibility study. McAdams motion, Alexander second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. Item A was pulled from the agenda. B. The Council considered approval of resolution setting a date, time and place for public hearings on proposed annexation of approximately 587.3035 acres of land being part of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey, Abstract No. 754; and M. McBride Survey, Abstract No. 804. (a-51) The following resolution was considered: NO. R87-064 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. City of Denton City Council Minutes October 20, 1987 i Page 18 323 Cecile Carsons, Urban Planner, stated that Items B and C were related. Both of the annexations were initiated by the City of Denton in order to control water quality in the area of the Elm Fork of the Trinity River. Staff recommended public hearing dates of November 3 and November 17, 1987 and institute annexation on December '8, 1987. A-S1 was approximately 3.5 miles in length which Would be at the ETJ limits. A-52 would continue for approximately 1.5 miles to the Ray Roberts Dam. Legal opinion from Joe Morris was that both of the items could be scheduled for the same action time by the Council so long as the ordinance for A~51 was adopted prior to the ordinance for A-52. Nineteen property owners would be affected by A-S1 and thirteen property owners would be affected by A-S2. Council Member Hopkins' asked if the annexations were at the back of the property and not taking in homes. Carsons replied that the City was taking a 1000' strip which was the minimum that was allowed by the State. Some areas might be greater than 1000' due to the necessity of using the nearest survey boundary to write the legal description. An option available to the owners of the property was to request voluntary annexation which would reduce the 1000' width to an indeterminate amount. At least the river would wanted to be annexed. Council Member Hopkins felt that the City should inform the property owners that less property could be annexed if they requested voluntary annexation. Carsons replied that an additional notice could be sent to property owners regardimg voluntary annexation. McAdams motion, Alexander 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. C. The Council considered approval of resolution setting a date, time and place for public hearings on proposed annexation of approximately 229.5212 acres of land being part of the W. Tanzy Survey, Abstract No. 1253; S.A. ~ M.G.R.R. Survey, Abstract No. 1228; and part of the W. Cox Survey, Abstract No. 291. 324 City of Denton City Council Minutes October 20, 1987 Page 19 The following resolution was considered: NO. R87~065 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE. MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. cecile Carson, Urban Planner, stated that the comments for this annexation were the same as for the previous annexation. Council Member Hopkins stated that she wanted instructions to staff to include that notices be sent to the affected property owners with .a cover letter listing the options for voluntary annexation and specific times to respond. McAdams motion, Ayer second to approve the resolution. vote, McAdams "aye,', Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." D. The Council considered approval' of a resolution temporarily closing Hickory Street between Elm Street and Locust Street on November 21, 1987; and declaring an effective date. The following resolution was considered: RESOLUTION NO. R87-066 A RESOLUTION TEMPORARILY CLOSING HICKORY STREET BETWEEN ELM STREET AND LOCUST STREET ON NOVEMBER 21, 1987; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams 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. E. Item E. was delayed.in the meeting. 8. The Council considered a decision to allow the City Manager to negotiate for the sale of a 1,365 square foot tract of city owned property at the northeast corner of West Oak and Bolivar streets. City of Denton City CounCil Minutes October 20, 1987 Page 20 325 Denise Spivey, Urban Planner, stated that this was a request for the Council to approve the sale of a piece of City owned property. The City originally owned a larger tract of land many years ago and this tract was a remnant of the original tract. A request had been received from an adjacent owner for the property as well as an adjacent tract which was also currently for sale. The Development Review Committee had recommended that the sale of the property be approved with the provision that the property in turn be dedicated to the City for right-of-way purposes· Staff understood that the prospective owner wished to acquire the property in order to have access provisions through the property rather than the City granting an access easement· McAdams motion, Gorton second to approve the request. Motion carried unanimously. Mi§cellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following item: A. There would be a joint meeting on Friday, October 25, 1987 at 11:50 a.m. at Wyatt's Cafeteria with the Hospital Board, the County Commissioners and the City Council to receive a report on a management financial plan for Flow. 10. There was no Executive Session during the work session· 11. New Business There were no items of new business suggested by the Council Members. The Council then considered those items not discussed during the Work Session. 4. The Council received a report on unattended pools and consider directing staff to draft an appropriate ordinance. Council Member Gorton left the meeting. Rick Svehla, Deputy City Manager, stated that there had been a request from a citizen to consider a possible ordinance that would require vacant properties or properties for sale that had a pool to continue to maintain the pool while the property was vacant. A similar ordinance from the City of Farmers Branch was discussed. Council Member Gorton returned to the meeting. Consensus of the Council was to look at present ordinances to insure that they meet the standards for cleanliness and safety. 326 City of Denton City Council Minutes October 20, 1987 Page 21 5. The Council held a discussion regarding a resolution designating the date for a runoff election day when such an election is necessary. Jennifer Walters, City Secretary, stated that with the new election date of the first Saturday in May, the State Legislature had given cities the option of either the next to last Saturday in May or the last Saturday in May for a run-off election if one was necessary. Consensus of the Council was to direct a resolution to be drafted with the date of the next to last Saturday in May for a run-off election date if necessary. 6. The Council convened into Executive Session to discuss legal matters, real estate, and personnel and board appointments. More specifically to hold a discussion regarding acquisition of right-of-way on Woodrow Lane; hold a discussion regarding litigation including Maverick vs. the City of Denton and the County of Denton and FLow Hospital vs. the City of Denton; consider offer to purchase County's interest in Flow Hospital; hold a discussion regarding Council appointments to the Flow Hospital Board and hold annual reviews of the Municipal Judge, the City Attorney and the City Manager.. The Council reconvened into open session to take the following action: The Council considered approval of a resolution authorizing the condemnation of property for drainage and street improvements and declaring an effective date. The following resolution was considered: RESOLUTION NO. R87-067 A RESOLUTION AUTHORIZING THE CONDEMNATION OF PROPERTY FOR DRAINAGE AND STREET IMPROVEMENTS AND DECLARING AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes October 20, 1987 Page 22 With no further business, the meeting was adjourned. 327 CITY~u~CRETAi%Y CITY OF DENTON, TEXAS 2782C