Loading...
Minutes October 6, 1987281 CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 6, 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 held a discussion on the amendment to Chapter III of the Subdivision Development Regulations regarding variance procedures. proposed and Land David Ellison, Acting Executive Director of Planning, stated that the staff was looking into amending the variance process as related to development in the ETJ. At present, eight condition must be met in order for a variance to be considered. Staff was attempting to streamline those eight conditions to three or four conditions and removing the "must be met" clause. Ellison stated that variances should be granted for hardship reasons or property inconsistencies, not for financial constraints. The variance section of the revisions would be completed in about two to three weeks. Consensus of the Council was that approval and denial for variances would rest with the Council, not split the decision between the Council and the Planning and Zoning Commission. Item #5 was moved ahead in the agenda order. ~. The Council held a discussion regarding an indoor pool proposal. Council Member Gorton stated that this was a proposal to consider between the City of Denton and the Denton Independent School District. He suggested looking into the option of having revenue bonds pay for the pool. Steve Brinkman, Director of Parks and Recreation, stated that the pool would be a paid facility by' the City and the School District. The indoor pool would add to the quality of life in Denton and suggested a feasibility study might be authorized to look into such a project. Gary Kirchoff, Parks Board, stated that if the school had the facility and the City would be able to use the facility, then he would be in favor of looking at ways to raise the joint fund. Mike Gregory, School Board President, stated that the new high school would be completed in the Fall of 1990. Pre-planning and scheduling was currently in progress and if the pool were to be included' in the plans, decisions would need to be made fairly soon. 282 City of Denton City Council Minutes October 6, 1987 Page 2. Consensus of the Council was to continue with a feasibility study. 3. The Council held a discussion on health and life insurance bid proposal evaluation and recommendations. Tom Klinck, Director of Personnel, stated that this was a self-funded plan. The goal of the plan was to provide adequate health care at reasonable rates and effectively manage the City's money. Klinck then presented the various options to the Council and recommended the proposals of Washington National Insurance Company, Coordinated Benefit Systems and Southwest Preferred Health Network. Consensus of the Council was to proceed with the plans as presented. 2. The Council reviewed fire engine specifications and authorized bids to be advertised. John Cook, Fire Chief, reviewed with the Council the Fire Department's plan for purchase of the new fire equipment and requested the Council to authorize the letting of bids for the equipment. Consensus of the Council was to proceed with the letting of the bids for the fire equipment. 4. The Council held a discussion regarding the placement of signals on Carroll Blvd. Rick Svehla, Deputy City Manager, stated that modifications were being considered at McKinney/Pearl Street. It was recommended signals be placed at both Parkway and Pearl. If only one signal was placed, then Parkway should retain the signal and the signal would be upgraded at that location. Left turn modifications would be made at Pearl with an off-set intersection. There would be no left turn from McKinney/Pearl to south Carroll Blvd. ~ After a short discussion, consensus of~the Council was to keep the intersection at McKinney/Pearl as it currently was and to review the traffic flow once the synchronization of Carroll Blvd. was completed. 6. The Council held a discussion regarding the timing of a bond sale. City of Denton City Council Minutes October 6, 1987 Page 3 John McGranei Executive Director of Finance, stated that this would be the second phase of the five year CIP program. He suggested continuing with the the bond sale as interest rates were predicted to raise after the first of the year. Consensus of the Council was to continue. e The Council did not convene into Executive Session. 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 The Mayor presented the following proclamations: 2. 3. 4. Court Observance Week for Legal Secretaries Bobby Knight Day National Employ The Handicap Week National Public Power Week 1. The Council considered approval of the minutes of the regular meeting of September i, 1987, the special called meeting of September 8, 1987, the regular meeting of September 15, 1987 and the special called meeting of September 22, 1987. Gorton motion, McAdams second to approve the minutes as presented. Motion carried unanimously. Public Hearings A. The Council considered a petition of Cross Timbers Girl Scout Council requesting an amendment of an existing specific use permit on a 5.4 acre tract located at 4000 West University Drive. The property was further described as Lot 6, Block E, of the Ranch Estates Subdivision. The existing specific use permit allowed utilization of the existing structure for use as the office/headquarters and activity/training center (day camping permitted) of the Cross Timbers Girl Scout Council. The proposed amendment would allow overnight camping at this location. S-193 The Mayor opened the public hearing. 283 Betty Webb, Cross Timbers Girl Scout Council, presented the rules and regulations for Girl Scout camping. She felt that 284 City of Denton City Council Minutes October 6, 1987 Page 4 no regulations were needed other than those manageable uses by the State and Federal Girl Scout guidelines. The regulations as stated by the Planning and Zoning Commission were not necessary. Those restrictions included (1) a limit of 20 campers on the site, (2) camping restricted to the northwest corner of the property and (3) camping limited to three consecutive evenings. Paul Carr, President,of the Board of Directors of Cross Timbers Girl Scout Council, asked that the Council delete from the petition the requirements as stated by the Planning and Zoning Commission. Susan Hudson, Second Vice-President of Cross Timbers Girl Scout Council, was in favor of the petition without any restrictions. Many other restrictions, which were much more stringent, were already in place. The restrictions from the Planning and Zoning Commission were not meaningful. If the Scouts wanted to expand, they were.required to return to the Planning and Zoning Commission. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that this was an amendment to an existing specific use permit for an activity training center and office headquarters for the Cross Timbers Girl Scout Council. The proposed amendment would permit overnight camping. The petitioners had stated that the site would be primarily a training center and headquarters and that camping would be a secondary use for the site. The Planning and Zoning Commission felt that safety was a very important factor. A substantial portion of the property was located in the flood plain and in the flood way. Planning and Zoning felt that attaching a condition to the property which stated that camping would be restricted to the northwestern part of the property, out of the flood plain and the flood way, would be helpful for future safety at the location. The Planning and Zoning Commission looked very strongly at neighborhood compatibility. The limitation of 20 campers would limit the potential noise problems. The original petition with no conditions was denied by the Planning and Zoning Commission by the vote of 6-0. A second vote recommended approval with the three conditions mentioned earlier by the vote of 4~2. The Council could approve the petition with conditions with a majority vote. In order to approve the petition with no conditions, a vote of six of seven affirmative ayes was necessary. 285 City of Denton City Council Minutes October 6, 1987 Page S Debra Drayovitch, City Attorney, stated that as the Planning and Zoning Commission did deny the original petition as submitted with no conditions, it would take a three quarters vote of the Council to overrule if a vote was taken on no restrictions. A vote with restrictions would only need a majority vote. Council Member Hopkins stated that the Scouts were a trustworthy organization with high standards. She moved to approve the petition without the additional conditions by Planning and Zoning. Council Member Alexander seconded the motion. Mayor Pro Tem McAdams questioned why the Scouts were opposing the conditions. The conditions stated by the Planning and Zoning Commission were rules which would allow neighbors legitimate recourse for any possible complaints. She was in favor of the Planning and Zoning conditions. Council Member Ayer stated the the Council had a responsibility to consider only the restrictions that would need to be placed regardless of what the group might be. To do otherwise was being selective. He felt that none of the conditions were really restrictive and he was reluctant to override the Planning and Zoning Commission's recommendation. Council Member Gorton stated that he was confident that the Girl Scouts would follow their own guidelines and that the set of restrictions was not necessary. Council Member Boyd was in favor of approving the petition with no restrictions. Mayor Stephens stated that he felt the Council could trust the people who would use the property and felt that no restrictions were necessary on the petition. Council Member Hopkins stated that she might consider amending her motion to allow for a clause limiting the number of campers as long as the number followed the Scout guidelines. Mayor Stephens stated that a motion and a second were already on the floor. Council Member Hopkins withdrew her motion. Alexander withdrew his second. Council Member Mayor Pro Tem McAdams motion, Ayer second to approve the petition with the additional conditions as stated by the Planning and Zoning Commission. 286 City of Denton City Council Minutes October 6, 1987 Page 6 Mayor Pro Tem McAdams stated that she would like to see how the camping worked out with only the 20 campers and if all went well, then perhaps granting permission later for an increase. If the camping was not working out, then the community might not wish to see the camping expanded. Mayor Stephens asked that the Council hear from the petitioners whether the petition with the conditions from Planning and Zoning would fulfill their needs. Betty Webb stated that there was only one response in opposition to the proposal. That person no longer resided in the area. The Girl Scout Council had talked to people in the community and had received numerous letters of support. The Scouts would have to submit another petition if renovations were made and more campers could be accommodated on the property. Mayor Stephens moved to amend the main motion, Hopkins second to index the number of campers to 10 campers per operating restroom facility. Council Member Ayer stated that he- would like to see an appropriate maximum number of campers stated rather than on a basis of the number of restrooms. Mayor Stephens revised his amendment-to state that the number of campers would be limited to 30. Hopkins agreed to second the revised amendment. On roll vote, McAdams "nay," Alexander "nay," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-2 vote. Council then voted on the main motion as amended with the conditions that'would limit to 30 the number of campers who may occupy the site at one time, limit the number of consecutive evenings that campers may occur to three, and restrict camping to the northwest portion of the property. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. The following ordinance wa~ considered as amended: NO. 87-154 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 87-113; PROVIDING FOR THE AMENDMENT OF THE SPECIFIC USE PERMIT FOR 5.4 ACRES O~ LAND LOCATED AT 4000 WEST UNIVERSITY DRIVE TO ALLOW OVERNIGHT CAMPING; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 6, 1987 Page 7 287 On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion car'ried unanimously. Item #5A. was moved ahead in the agenda order. 5. Resolutions A. The Council considered approval of a resolution by the City Council of the City of Denton, Texas, relating to the issuance of bonds by the North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith. The following resolution was considered: R87-057 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Victor Blody, Financial Advisor to the North Texas Higher Education Authority, stated that permission was sought to approve a $98 million bond issue for the Higher Education Authority. He emphasized that this did not obligate the City in any way. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton "aye," Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council then returned to the regular agenda orderl Public Hearings B. The Council considered a petition of Junction 288 Partners requesting the following zoning cha~ges on property located at the northeast corner of Loop 288 and Audra Lane and further described as being in the William Lloyd Survey, Abstract No. 774: 288 City of Denton City Council Minutes October 6, 1987 Page 8 Tract I ~ From the Commercial (C) district to the General Retail (GR) classification on a 3.008 acre tract extending along the eastern frontage of Loop 288 from Audra Lane northward for approximately 700 feet. Tract II - From the Commercial (C) district to the Agricultural (A) classification on a 1.142 acre tract extending along the eastern frontage of Loop 288 from U.S. Highway 380 south for a distance of approximately 1300 feet. Tract III From the Agricultural (A) district to the General Retail (GR) classification on a 1.14 acre tract located approximately 160 feet east of Loop 288 and extending northward for approximately 700 feet from Audra Lane. Z~1862 The Mayor opened the public hearing. Greg Edwards, Metroplex Engineering, stated that the property was along Loop 288 and US 380. The petitioner was requesting an exchange of zoning in the various portions of the property in order to make it more marketable. Tevis Taylor spoke in favor of the petition. She stated that at present, Tract II was not usable. She asked the Council to approve the petition. Les Holland spoke in favor of the petition. Me stated that he was a previous owner of the property. He felt it would be fair to allow the zoning changes so as to make the property more usable. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated there were some violations present in terms of intensity and concentration but the Planning and Zoning Commission felt that the elimination of strip commercial zoning at this location was very desirable in terms of fulfilling the Beautification Committee's plans. Planning and Zoning considered the petition at its August 12, 1987 meeting and recommended approval by a vote of 6~0. City of Denton City Council Minutes October 6, 1987 Page 9 The Council considered the following ordinance: NO. 87-155 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 APPROXIMATELY 3.008 ACRES OF LAND EXTENDING ALONG THE EASTERN FRONTAGE OF LOOP 288 FROM AUDRA LANE, NORTHWARD FOR APPROXIMATELY 700 FEET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM COMMERCIAL "C" DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2~000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdam$ 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. The Council considered the following ordinance: NO. 87-156 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 APPROXIMATELY 1.142 ACRES 'OF LAND EXTENDING ALONG THE EASTERN FRONTAGE OF LOOP 288 FROM U. S. HIGHWAY 380, SOUTH FOR A DISTANCE OF APPROXIMATELY 1,300 FEET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM COMMERCIAL "C" DISTRICT CLASSIFICATION AND USE DESIGNATION TO AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 289 29O City of Denton City Council Minutes October 6, 1987 Page 10 McAdams 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. The following ordinance was considered: NO. 87-157 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 APPROXIMATELY 1.14 ACRES OF LAND LOCATED APPROXIMATELY 160 FEET EAST OF LOOP 288 AND EXTENDING NORTHWARD FOR APPROXIMATELY 700 FEET FROM AUDRA LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams 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. C. The Council considered a petition of Sanders Campbell and Rayburn Tucker requesting Single Family-7 zoning on 15.71 acres situated in the B.M. Rogers Sur'vey, Abstract No. 1101. The property was located at the southeast corner of Hickory Creek Road and Montecito Drive. If approved, the property may be utilized for any purpose allowed in the Single Family-7 zoning district. Z-1867 The Mayor opened the public hearing. Brian Burke, Burke Engineering, stated that all of the adjacent property in the area had already been zoned either SP-7 or SF-10. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes October 6, 1987 Page 11 291 Denise Spivey, Urban Planner, stated that four reply forms were mailed. Zero were returned in favor and zero ~n opposition. The property was in a low intensity area. The zoning would be consistent with the policies for low density and low intensity. The following ordinance was considered: NO. 87-158 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 APPROXIMATELY 15.71 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND MONTECITO DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSI- FICATION AND USE DESIGNATION TO SINGLE-FAMILY "SF-7" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams 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. D. The Council considered a petition of Jim Danielson, representing Windsor Joint Venture, requesting a change in zoning from the single family (SF-7) district to the planned development (PD) classification and approval of a concept plan on a 15.1 acre tract in the B.B.B. ~ C.R.R. Company Survey, Abstract No. 186, located 125 feet west of Stuart Road approximately 700 feet north of Windsor Drive. If approved, the planned development would permit the following land uses: Four-plex - 52 units on 13 lots on 5.4 acres with a density of 14.9 units per acre Duplex - 46 units on 23 lots on 6.1 acres with a density of 7.4 units per acre Single Family Detached Twenty-six (26) 6500 square foot lots on 5.5 acres with a density o£ 4.7 units per acre. Z-1865 292 City of Denton City Council Minutes October 6, 1987 Page 12 The Mayor opened the public hearing. John Books, representing Windsor Joint Venture, spoke in favor of the petition. He stated that he and Mr. Danielson had worked very hard making the recommended changes that staff had presented. He requested that the Council approve the petition. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated acceptable buffering was utilized throughout the development. This was a viable plan which provided good transition from the existing single family area to the north and to the existing multi-family area to the south. Planning and Zoning recommended approval with a 6-0 vote. The~following ordinance was considered: NO. 87-159 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 15.1 ACRES OF LAND LOCATED 125 FEET WEST OF STUART ROAD AND APPROXIMATELY 700 FEET NORTH OF WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "SF-7" 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. 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. Consent Agenda McAdams motion, Ayer second to approve the consent agenda as presented. Motion carried unanimously. City of Denton City Council Minute~ October 6, 1987 Page 13 Consent Agenda A. Bids and Purchase Orders: 3. P.O. #80742 $27,700.00 Bid #9787 - 20" concrete pipe Bid #9773 - High Service Pump #6 - Water Treatment Plant - Hanson Software, Inc. Plats and Replats 4. Ordinances Consider approval of preliminary plat of the Westgate Hills North Addition, Blocks A-D. 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. The following ordinance was considered: NO. 87-160 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, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkihs "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 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. The following ordinance was considered: NO. 87-161 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. 293 City of Denton City Council Minutes October 6, 1987 Page 14 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "ayew" Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of ordinance abandoning a 35 foot utility easement located on the south side of U.S. Highway 77 (Texas Cinema tract). (E'2) The following ordinance was considered: NO. 87-162 AN ORDINANCE ABANDONING AND VACATING CERTAIN UTILITY EASEMENTS AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was an easement along US 77 to relocate transmission lines. A better route for the lines was found long Riney Road and the Planning and Zoning Commission and the Public Utilities Board recommended approval. Hopkins motion, McAdams second to adopt the ordinance. On roil vote, McAdams "ayew" Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered adoption of ordinance and service plan annexing 73.334 acres of land being part of the M. Forrest Survey, Abstract No. 417. (A-43) The following ordinance was considered: NO. 87-163 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 73.334 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Ayer motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "ayes" Hopkins "ayes" Gorton "ayes" Ayer "aye," Boyd "ayes" and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes October 6, 1987 Page 15 E. The Council considered adoption of ordinance and service plan annexing 2.822 acres of land being part of the M. Forrest Survey, Abstract No. 417. (A-44) The following ordinance was considered: NO. 87-164 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 2.822 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING 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. F. The Council considered adoption of an ordinance and service plan annexing 1.834 acres of land being part of .the G. Walker Survey, Abstract No. 1330. (A-45) The following ordinance was considered: NO. 87-165 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 1.834 ACRES OF LAND 'LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. McAdams 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. G. The Council considered adoption of an ordinance amending Article I of Chapter 9 of the Code of Ordinances of the City of Denton, Texas ("Electrical Code") to provide for the adoption of the 1987 National Electrical Code and adoption of amendments to the National Electrical Code; to provide for additions thereto; repealing all ordinances in conflict herewith; providing for a penalty; and providing for an effective date. 295 296 City of Denton City Council Minutes October 6, 1987 Page 16 The following ordinance was considered: NO. 87-166 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("ELECTRICAL CODE") TO PROVIDE FOR ADOPTION OF THE 1987 NATIONAL ELECTRICAL CODE AND ADOPTION OF AMENDMENTS TO THE NATIONAL ELECTRICAL CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN AN AMOUNT OF $2,000.00 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that the Electrical Code Board had reviewed the 1987 Code and had made a few amendments to that Code. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving the 1987 tax assessment rolls for the City of Denton. The following ordinance was considered: NO. 87-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1987 APPRAISAL ROLLS AS APPROVED BY THE APPRAISAL REVIEW BOARD OF THE DENTON COUNTY APPRAISAL DISTRICT AND PROVIDING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdam$ "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 amending Article I of Chapter 10 of the Code of Ordinances of the City of Denton, Texas by amending Section 10.2 thereof; and by adding a new Article V entitled "Fire Lanes-Fire Apparatus-Access Roads"; to provide for amendments to the Uniform Fire Code; to provide for additions thereto; repealing all ordinances in conflict herewith; providing for a penalty in the amount of $1,000 therefor; and providing for an effective date. City of Denton City Council Minutes October 6, 1987 Page 17 The following ordinance was considered: NO. 87-168 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 10.2 THEREOF; AND BY ADDING A NEW ARTICLE V ENTITLED "FIRE LANES-FIRE APPARATUS-ACCESS ROADS"; TO PROVIDE FOR AMENDMENTS TO THE UNIFORM FIRE CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $1,000 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. John Cook, Fire Chief, stated that this ordinance would allow the Fire Marshall to designate fire lanes and issue citations for those persons parking in violation of those lanes. A grace period would be in effect before citations were issued. McAdams motion, Ayer second to adopt the ordinance with the addition of the work "maximum" to the penalty clause. Gorton motion, Alexander second to amend the main motion to raise the penalty to the amount of $2,000. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. The Council voted on the ordinance as amended with the changes of "maximum" penalty in the amount of "$2,000". On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. J. Item J. was pulled from the agenda by staff. K. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Texas Political Subdivisions Workers' Compensation Joint Insurance Fund; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 87-169 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION JOINT INSURANCE FUND; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 297 298 City of Denton City Council Minutes October 6, 1987 Page 18 McAdams motion, Gorton 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. L. The Council considered adoption of an ordinance of the City of Denton establishing rates for the use of the City's sanitary landfill site and residential and commercial sanitation collection services as authorized by Chapter 12 of the Code of Ordinances of the City of Denton; and providing for an effective date. The following ordinance was considered: NO. 87-170 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AND RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this ordinance would affect only the landfill users and the roll-off customers. The roll-off rate would increase by 5% and the landfill rate would increase by 30%. Hopkins motion, McAdams second to adopt the ordinance with "with the capacity of less than 2 cubic yards" added to Section 1.A.1. Council Member Gorton suggested removing the 'name of the make of vehicles from the ordinance. Svehla replied that the names were incorporated in order to facilitate the users of the landfill. Ayer motion, Gorton second to amend the main motion to delete the trade names from the ordinance. On roll vote, McAdams "nay," Alexander "nay," Hopkins "nay," Gorton "aye," Ayer "ay@," Boyd "aye," and Mayor Stephens "nay." Motion failed with a 4-3 vote. The Council then voted on the main motion. On roll vote, McAdams "ayev" Alexander "ayev" Hopkins "aye," Gorton "aye," Ayer "ayev" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City COuncil Minutes October 6, 1987 Page 19 299 5. Resolutions A. Item 5.A. was considered earlier in the agenda. B. The Council considered approval of a resolution naming the North Lakes Park Tennis and Golf Building "Goldfield Sports Center" and declaring an effective date. The following resolution was considered: RESOLUTION NO. R87-058 A RESOLUTION NAMING THE NORTH LAKES PARK TENNIS CENTER "GOLDFIELD SPORTS CENTER" AND DECLARING AN EFFECTIVE DATE. Steve Brinkman, Director of Parks and Recreation, stated that the Park B6ard had reapproved the policy naming the various park areas with the correction from Council. They also looked again at the process of the donation by the Goldfield's for the new tennis center. It was felt that that was justified under the major donations section and again recommended naming the building "The Goldfield Sports Center". -Hopkins motion, Alexander second to approve the resolution. Council Member Ayer stated that he was facilities for living persons except circumstances and therefore he would resolution. opposed to naming in extraordinary vote against the Council Member Gorton asked if the building would be used strictly for tennis or jointly for tennis and golf. Brinkman replied mostly for tennis with offices and restrooms available. Gorton suggested changing the name to "Tennis Center" rather than "Sports Center" After discussion, Hopkins moved to change her motion to revise the name of the center to the "Goldfield Tennis Center". Alexander refused to change his second. Hopkins motion, Boyd second to amend the main motion to change the name of the facility to "Goldfield Tennis Center". On roll vote, McAdams "aye," Alexander "nay," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-2 vote. 300 City of Denton City Council Minutes October 6, 1987 Page 20 The Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. C. The Council considered approval of a resolution of participation in the Denton County Area 911 Emergency District pursuant to the provisions of Article 1452e, VTCS. The following resolution was considered: RESOLUTION NO. R87-059 A RESOLUTION ENDORSING PARTICIPATION BY THE CITY OF DENTON IN THE DENTON COUNTY AREA DISTRICT AS AUTHORIZED BY ARTICLE 1432e, VERNON'S TEXAS CIVIL STATUTES IN DENTON COUNTY; 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. D. The Council considered approval of a resolution adopting standards of service as aspirations and goals to be attained for service at the Emily Fowler Public Library; and providing an effective daie. The following resolution was considered: RESOLUTION NO. R87-060 A RESOLUTION ADOPTING STANDARDS OF SERVICE AS ASPIRATIONS AND GOALS TO BE ATTAINED FOR SERVICE AT THE EMILY FOWLER PUBLIC LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motion, Hopkins 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. The Council considered approval of a resolution setting a date, time and place for public hearings on proposed annexation of approximately 25.126 acres of land being part of the A. Gibson Survey, Abstract No. 498, and located south of E1 Paseo Drive at Forrestridge. City of Denton City Council Minutes October 6, 1987 Page 21 301 The following resolution was considered: RESOLUTION NO. R87-061 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· David Ellison, Acting Executive Director of Planning, stated that public hearings would be scheduled for October 20 and November 3, 1987. A special called meeting would be necessary for November 24, 1987 for institution of annexation. McAdams motion, Hopkins 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. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The Denton Convention and Visitors Bureau had forwarded a letter regarding the Main Street funding. The Bureau suggested the forming of a task force to investigate funding alternatives for this project. It also suggested allowing the various organizations to defer presenting a budget impact statement until the task force had completed its work. Consensus of the Council was to proceed as quickly as possible and return with the item for the following agenda. B. A plan was being formulated to facilitate the opening of the Civic Center for early morning walkers. Volunteers were being considered to open the facility at 7:00 a.m. Consensus of the Council was to proceed with those plans and then present them to Council at a later date. C. The Garland trip regarding the TMPA issue was being rescheduled for October 19, 1987 at 6f00 p.m. Mayor Stephens, Mayor Pro Tem McAdams and Council Members Ayer, Boyd and Alexander stated they would try to attend the meeting. 7. There was no Executive Session held during 'the work session. 3O2 City of Denton City Council Minutes October 6, 1987 Page 22 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Boyd suggested reconsidering the regulations involving the naming of public buildings. 0 Executive Session The Council considered the following items under Executive Session: A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. Hold a discussion of litigation including the County of Denton vs. the City of Denton and Flow Memorial Hospital vs. the City of Denton. Hold a discussion of litigation including the possible litigation against Dunninck Brothers. B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. Consider offer to purchase county's interest in Flow Hospital or possible lease of Flow Hospital. Personnel/Board Appointments -- 'Under Sec. 2(g), Art 6252-17 V.A.T.S. The following action was taken: A. Isabeil Miller was nominated to the Building Code Board to replace a current member who did not reside within the City limits. B. Council Member Boyd was nominated as the voting delegate, Council Member Hopkins and Alexander were nominated as alternate voting delegates to the annual Congress of Cities Conference-National League of Cities. C. Dorwin "Chip" Sargent was nominated for Director of the Denton Central Appraisal District. City of Denton City Council Minutes October 6, 1987 Page 23. 303 With no further business, the meeting was adjourned. JENN~ER ~TERS CITY~CRE~ARY CITY OF DENTON, TEXAS 2775C