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Minutes December 08, 1987378 CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 8, 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 Ayer, Alexander, Boyd, Gorton and Hopkins ABSENT: None The Mayor recognized John Matthews, Leadership Denton, and the members of the Leadership Denton class. John Matthews, Leadership Denton, introduced the members of the class to the Council and presented a brief overview of the program. 1. The Council received a report regarding the status of the Economic Development Program. Bill Holt, Economic Director-Denton Chamber of Commerce, reported that the program was working on a target market study of the Dallas-Ft. Worth metroplex, a study of the strengths and weaknesses of Denton, an industry retention program and a small business assistance program. He stated that the program was trying to solicit new businesses to Denton, keep the businesses Denton already had, and assist small businesses in Denton. Betty McKean, Executive Director of Economic Development and Municipal Services, presented the economic development goals for the City. 2. The Council received a presentation of the North Texas Commission annual contract request. Mayor Stephens stated that this was a regular budget item which had been approved in the budget. The contract was up for renewal and staff was asking Council's views on the renewal of the contract. Consensus of the Council was to proceed with the renewal of the contract. 3. The Council received a final report from the Main Street Funding Task Force. Council Member Gorton relayed the organizations concerns regarding going back into their budgets so late in the year for funding for the Main Street Project. His opinion was that it was too late for state funding for this year and that perhaps it would be better to organize the program for next year. He stated that he endorsed the recommendations of the Task Force. City of Denton City Council Minutes December 8, 1987 Page 2 379 Council Member Alexander stated that the Main Street Project was an important part of the Economic Development Program. He would like to start making plans for the project this year so that they could be implemented next year. Yvonne Jenkins of the Task Force stated that the Main Street Project was viable but not under the time frame that was given for this year. She felt that continued communication was needed for next year. 4. The Council held a discussion regarding possible joint elections with the Denton Independent School District. Jennifer Walters, City Secretary, informed the Council that Gilbert Bernstein of the D.I.S.D. had inquired about the possibility of contracting with the City to hold joint School Board/City Council elections. She presented several suggestions in connection with such a contract. Consensus of the Council was to proceed with the drafting of a contract to be presented to the Council at a later date. 5. The Council received an update regarding the construction of a neighborhood park at the intersection of Teasley and Longridge. Steve Brink~an, Director of Parks and Recreation, stated that the property was a future site for an elementary school. There were no plans to use the site by the D.I.S.D. for approximately five years. A minimum development of the site was proposed for a park similar to Briercliff Park on State School Road. Bob Tickner, Superintendent of Parks, described the property conditions and the informal play areas proposed for the site. The equipment would be portable in nature for future movement when the school was built. 6. The Council convened into the Executive Session to discuss legal matters (D.I.S.D. vs. Walters Ray Hawk et. ex. and D.I.S.D. vs. Gary O. Fellars), real estate, and personnel and board appointments. No official action was taken. The Council then convened into the Regular Session 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 380 City of Denton City Council Minutes December 8, 1987 Page 5 Public Hearing A. The Council considered a petition of W. D. Byrne, representing the Y.M.C.A. of Metropolitan Dallas, requesting extension of an existing specific use permit and amendment of the approved site plan for an 8.S9 acre tract located at the northwest corner of Windsor Drive and Riney Road. The property was further described as a tract in the N.H. Meisenheimer Survey, Abstract 810, and was the location of the Y.M.C.A. office and athletic facilities. The Mayor opened the public hearing· Bill Byrne, Director of property management for the Y.M.C.A., recommended approval of the petition. He stated that there were four recommendations from the Planning and Zoning Commission that he would like to comment on. He stated that the Planning and Zoning Commission had recommended that the parking lot containing $0 additional spaces be completed within a year from the effective date of the ordinance. He was requesting that the effective date be within a year of the Certificate of Occupancy. The Planning and Zoning Commission had also recommended that the screening by the parking be completed within a year from the effective date of the ordinance. He was requesting that the screening have the same time limit. The other conditions from the Planning and Zoning Commission were agreeable. Mayor Pro Tem McAdams asked what was the anticipated completion date. Bryne replied by the end of April. approximately 180 days. Const.ruction time was Sandy Morander, Executive Director of the Y.M.C.A., requested approval of the petition. No one spoke in opposition· The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the original Specific Use permit, was approved in 1984 with a condition that if the project was not completed within 3 years, the permit would expire and a new permit would have to be submitted· Concerns of the Planning and Zoning Commission included (1) Parking ~ 56 spaces were now available. Neighborhood comments indicated Chat parking was a major problem, particularly on Saturday and Sunday with sports events. Planning and Zoning concern lead to the condition that additional parking be completed within one 381 City of Denton City Council Minutes December 8, 1987 Page 4 year of the effective date of the ordinance. Any changes would have to be presented to Planning and Zoning and the City Council. (2) Screening - Planning and Zoning had recommended a permanent 6' living screen located along the northern boundary of the additional parking lot for visual screening purposes from the adjacent houses on the north. A possible compromise might be that the screen would be installed before the parking lot was to be used but that a three year period might be allowed for the screen to reach its maximum height. (3) Signs - no detachable signs would be permitted. (4) Landscaping - 20% of the area must be landscaped within 2 years from the effective date of the ordinance. Planning and Zoning had recommended approval of the petition on December 2, 1987 with a 5-0 vote with conditions. Lloyd Harrell, City Manager, stated that staff was concerned that the building would be built and ready for use before the parking would have to be in place if the adjustment was made to the condition of parking completion within one year of the effective date of the ordinance. The following ordinance was considered: NO. 87-222 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A YMCA FACILITY, AS SAID PERMIT APPLIES TO 8.5 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE AND RINEY ROAD; REPEALING THE SPECIFIC USE PERMIT GRANTED BY ORDINANCE NO. 84-95: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motion, McAdams second to adopt the ordinance. Gorton motion, Boyd second to amend Section 3, Subsection 2 of the ordinance to read "which will mature over a three (3) year period to a minimum height of six feet". On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 382 City of Denton City Council Minutes December 8, 1987 Page 5 Mayor Stephens recognized John Matthews of the Leadership Denton group in the audience. John Matthews, Leadership Denton, presented a brief overview of the program and introduced members of the group. Item 3.D. was moved ahead in the agenda order. 3. Ordinances D. The Council considered adoption of an ordinance directing the issuance of notice of sale of $3,600,000 General Obligation Bonds. The following ordinance was considered: 87-225 ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS Council Member Hopkins left the meeting with a potential conflict of interest. John McGrane, Executive Director of Finance, stated that this was a charter requirement that prior to any bond sale the City had to give notice of that intent to sell. This was the second year of the five year CIP plan. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Hopkins returned to the meeting. The Council returned to the regular agenda order. Consent Agenda Mayor Stephens stated that Item 2.A.1. would be pulled for special consideration. Lloyd Harrell, City Manager, stated that the proposed fire engine acquisition program would modernize the current fleet. Some of the engines were very dated and many pieces of equipment were at times out of service for maintenance due to the age of the equipment. John Cook, Fire Chief, stated that this was a combined efforts of various City departments. It would significantly improve the safety of the firefighters and the citizens. The new equipment would also increase the City's fire flow and improve the depth of the Fire Department. City of Denton City Council Minutes December 8, 1987 Page 6 Stephens motion, McAdams second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 1. #9799 - 1500 GPM Pumper Firetruck 3. 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. The following ordinance was considered: NO. 87-223 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. 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. B. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 587.3035 acres of land being part of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey, Abstr.act No. 754; and M. McBride Survey, Abstract No. 804. A-51 The following ordinance was considered: NO. 87- 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 587.3035 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221, J. LAMAR SURVEY, ABSTRACT NO. 754, AND M. MCBRIDE SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that the annexation was at this point still at the 1000' width. Prior to final adoption, it would be dropped back to the 100' width. 383 384 City of Denton City Council Minutes December 8, 1987 Page 7 Alexander 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 adoption of 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, as said map applies to 23.7 acres of land, as is more particularly described herein, to provide for the creation of an historic district in accordance with the provisions of Article 28A of Appendix B-Zoning of the Code of Ordinances; said district to be known as the Oak-Hickory Historic District; providing for a penalty in the maximum amount of $2,000.00 for violations 'thereof; and providing for an effective date. following ordinance was considered: NO. 87-224 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, AS SAID MAP APPLIES TO 23.7 ACRES OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF AN HISTORIC DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 28A OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE KNOWN AS THE OAK-HICKORY HISTORIC DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE Council Member Boyd left with meeting with a potential conflict of interest. Denise Spivey, Urban Planner, presented a brief overview of the historical district. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," " Ayer "aye," Gorton "aye, and Mayor Stephens "aye." Motion carried unanimously. Council Member Boyd returned to the meeting. D. Item D. was considered earlier in the meeting. 385 City of Denton City Council Minutes December 8, 1987 Page 8 E. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract with Employee Resources for administration of the Flexible Benefits Program. The following ordinance was considered: NO. 87-226 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EMPLOYEE RESOURCES ADMINISTRATION CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Tom Klinck, Director of Personnel, stated that this would be an enhancement of benefits for employees of the City which was considered with the adoption of the budget. Certain employee benefit expenses would be allowed to be paid on a pre-tax basis as opposed to an after-tax basis. This was a voluntary option for the employees. A savings would be realized by both the City and the employees. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute a Compromise and Settlement Agreement in that certain litigation styled Denton County vs. the City of Denton, et al. The following ordinance was considered: NO. 87-227 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT IN THAT CERTAIN LITIGATION STYLED DENTON COUNTY VS. CITY OF DENTON, BOARD OF DIRECTORS OF FLOW MEMORIAL HgSPITAL, H. E. FLOW TRUST AND JIM MATTOX, ATTORNEY GENERAL OF TEXAS; AND DECLARING AN EFFECTIVE DATE. Council Member Gorton left the meeting with a potential conflict of interest. 386 City of Denton City Council Minutes December 8, 1987 Page 9 Debra Drayovitch, City Attorney, stated that the ordinance would ratify the Council's voice vote of the previous Tuesday in which the Mayor was authorized to execute the compromise settlement agreement in the lawsuit in which the County and the Hospital sued the City. The compromise settlement agreement was approved by Judge Sam Houston Friday, December 4, 1987. The agreement set forth the terms of settlement of the lawsuit and included a settlement as to everything except for indigent care which would continue to be litigated. Exhibits to the compromise and settlement agreement included the asset transfer agreement which was the vehicle by which the City, the County, and the Flow Trust transfers its interest to the 501 (c)(3) non-profit corporation to run the Hospital. The closing was scheduled for January 8, 1988. Boyd motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "ayes" Hopkins "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing entry into an agreement with the County of Denton, The Flow Memorial Hospital Board of Directors, the H. E. Flow Trust, the Attorney General of Texas, and Flow Regional Medical Center, Inc. for the transfer of assets of Flow Memorial Hospital; and declaring an effective date. The following ordinance was considered: NO. 87-228 AN ORDINANCE AUTHORIZING ENTRY INTO AN AGREEMENT WITH THE COUNTY OF DENTON, THE FLOW MEMORIAL HOSPITAL BOARD OF DIRECTORS, THE H. E. FLOW TRUST, THE ATTORNEY GENERAL OF TEXAS, AND FLOW REGIONAL MEDICAL CENTER, INC. FOR THE TRANSFER OF ASSETS OF FLOW MEMORIAL HOSPITAL; AND DECLARING AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that this was the asset transfer agreement which had been approved by the Attorney General's Office. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Flow Regional Medical Center, Inc. for the provision of health care services to the residents of the City; and providing an effective date. 387 City of Denton City Council Minutes December 8, 1987 Page 10 The following ordinance was considered: NO. 87-229 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON REGIONAL MEDICAL CENTER, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Gorton returned to the meeting. I. The Council considered adoption of an ordinance accepting a bid for a hydroelectric turbine purchase for Lewisville Lake from Dominion Bridge-Sulzer. The following ordinance was considered: NO. 87-230 AN ORDINANCE ACCEPTING THE BID FOR THE CONSTRUCTION OF A TURBINE WITH AUXILIARY EQUIPMENT FOR THE LAKE LEWISVILLE HYDROELECTRIC PROJECT; AWARDING A CONTRACT TO DOMINION BRIDGE-SULZER, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was an ordinance for bid acceptance for a hydroelectric turbine contract for Lewisville Lake. There were two bids for the project and based on an evaluation, the Sulzer unit was determined to be better. Savings to the water/wastewater department would be approximately $200,000 per year. Council Member Hopkins stated that she would vote for the ordinance but with reservations. Her reservations were that the project had not been legally cleared through TMPA which held the position that the power sales agreement prohibited such a procedure. She would only vote for it because she had been assured by the City Manager and the Executive Director of Utilities that in the event the power sales agreement was not amended by the time the plant went into operation, there existed better than 50/50 or 80/90 percent chance that the City could sell the plant and recover the money spent on the project. 388 City of Denton City Council Minutes December 8, 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. 4. Resolutions A. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit an amendment to the Final Statement of Objectives and Projected Use of Funds submitted June 1, 1987 to the Department of Housing and Urban Development with appropriate verifications, as authorized and required by the Housing and Community Development Act of 1974, as amended; and declaring an effective date. The following resolution was considered: RESOLUTION NO. R87-078 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 11, 1987 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND DECLARING AN EFFECTIVE DATE. Connie Wells, Chairman of the Community Development Block Grant Committee, stated that this was a request to change an allocation of $25,000. Originally the money was to be used for a feasibility study for a small business incubator. It was being requested that the money be used to implement a small business development center. 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. B. Item B. was pulled from the agenda. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, had no items for consideration. 6. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. City of Denton City Council Minutes December 8, 1987 Page 12 389 7. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton requested that the legal documents necessary to create a Main Street Project Task Force be prepared to carry on the project. 8. The Council did not reconvene into the Executive Session. With no further business, the meeting was adjourned at 8:15 p.m. TNi~R WALTERS Y S~CRETARY Y OF DENTON, TEXAS 2817C