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Minutes June 07, 1988CITY OF DENTON CITY COUNCIL MINUTES June 7, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: ABSENT: 1. Mayor Stephens; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. Mayor Pro Tem Hopkins. The Council held a discussion of an ordinance amending Articles 4.01 through and including Article 4.06 of Chapter IV of Article III of Appendix A (Denton Development Code) of the Code of Ordinances to provide for new and amended regulations and requirements for streets, driveways, parking lots, and sidewalks; and repealing Articles 4.17 and 4.18 of Appendix A. (The Planning and Zoning Commission recommended approval.) City Manager Harrell stated that there were two items left ~o consider concerning this proposed ordinance. Those items were curb cuts and pavers in parking lots. Cecile Carson, Urban Planner, presented options for wording for the two items which staff and Council discussed. The formal ordinance would be presented at the next regular Council meeting for formal adoption. 2. The Council held a discussion regarding a proposed landscaping/tree preservation ordinance. City Manager Harrell stated that the Chamber of Commerce had returned with proposed language which would allow for slightly different language for distribution centers. Planning and Zoning would consider the item at its meeting of June 8, 1988 and a public hearing was scheduled for the June 21, 1988 Council meeting. Frank Robbins, Executive Director of Planning, proposed that the tree preservation portion of the ordinance be effective immediately and the landscape portion of the ordinance be effective 90 days after passage. 3. The Council did not meet in Executive Session after the Work Session. The Council then convened into a joint Work Session at 6:00 p.m. with the Planning and Zoning Commission and the Public Utilities Board in the Council Chambers. CITY COUNCIL PRESENT: Mayor Stephens; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. City of Denton City Council Minutes June 7, 1988 Page 2 CITY COUNCIL ABSENT: Mayor Pro Tem Hopkins. PLANNING & ZONING PRESENT: Chairman Claiborne; Commissioners Brock, Glasscock, Holt, and Kamman. PLANNING & ZONING ABSENT: Commissioners Cole and Kiker. PUBLIC UTILITIES BOARD PRESENT: Chairman Laney; Members LaForte, and Thompson. Chew, Frady. PUBLIC UTILITIES BOARD ABSENT: None 1. The Council held a discussion regarding recommended Five Year Capital Improvement Plan. the Bill Claiborne, Chairman - Planning and Zoning Commission, stated that he would be presenting the non-utility items of the proposed Capital Improvement Plan. He stated that they had received input from various groups in the City. Claiborne presented the proposed projects for the non-utility section. (See Exhibits A-E). Jerry Clark, City Engineer, stated that the item in the back-up materials for drainage was to be for Avenue F, not Avenue E. Roland Laney, Chairman - Public Utilities Board, presented the utility portion of the proposed Capital Improvement Program. He presented the major projects in the Program. ( See Exhibits F - G) City Manager Harrell stated that the Program would be placed on the next Council meeting for approval. The Council then convened into the regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Pro Tem Hopkins. The Mayor presented the following proclamations: A. Parky Pup - City of Denton Parks and Recreation Department B. Big Brothers and Sisters Day 97 9¸8 City of Denton City Council Minutes June 7, 1988 Page 3 1. The Council considered approval of the minutes of the regular meeting of.May 3, 1988, the special called meeting of May 10, 1988, the regular meeting of May 17, 1988, and the work session of May 24, 1988. Gorton motion, McAdams second to approve the minutes as presented. Motion carried unanimously. Public Hearings A. The Council considered a petition of Burger Street, Inc. requesting approval of a detailed plan and planned development (PD) district for 0.294 acres. Tract A consisted of 0.071 acres and was zoned commercial (C); Tract B consisted of 0.223 acres and was zoned planned development (PD-6). The property was located approximately 130 feet northwest of the intersection of Loop 288 and 1-35E service road and was shown in the John W. McGowan Survey, Abstract No. 797. If the detailed plan and planned development district were approved, the property could be used for a restaurant. Z-1855. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor of the petition. Dan Patterson, Operations Director - Colter's Bar-B-Q, spoke in opposition. He stated that the access road was very narrow off of I35E and it was very difficult to make a right-hand turn into that area. The businesses in that area included Wendy's, Grandy's, Colter's, Payless Shoes, and Long John Silvers. The area had an access off of the main entrance and a small access area heading toward the mall. He stated that the restaurant would have a very limited, narrow entrance off a major highway with at least 75% of its business being drive-through customers. This would create a very serious traffic problem. Ron Reinke, Owner/Manager - Wendy's, stated that he was concerned relative to the access to the property during peak hours and what it would mean to the already existing traffic congestion. He stated that there already existed extreme congestion during peak periods. A business that would be at least 75% drive-through would only add more to that congestion. Council Member Boyd asked Reinke if it was his understanding that retail establishments would be placed on those pads when his business was established. City of Denton City Council Minutes June 7, 1988 Page 4 Reinke replied that he had been told that there was a five year delay on both pads and that they would pave the areas if they could not get them developed. Boyd asked if it would make a difference if the business was something other than a restaurant. Reinke stated that he was not trying to limit competition and the restaurant was not the issue. The sole dependence on vehicles was his concern and aggravation of the already critical traffic problem. Even a sit-down restaurant would not cause as great a problem. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the property was a portion of PD-6 as well as commercial zoning. A ma~or concern was the access to the property and the circulation in and out of the property. The Engineering Department had reviewed the proposal and felt that the traffic flow shown was the best design possible under the conditions. The Planning and Zoning Commission did recommend approval of the request with a 5-2 vote. One Commissioner was concerned about the congestion of uses in the area. Council discussed the traffic patterns in the area. Concern was expressed for congestion of traffic and the adding of more traffic congestion to the area. Carson stated that the internal circulation of traffic was a responsibility of the Mall. Council Member Gorton stated that in the minutes from the Planning and Zoning Commission that the seating capacity of the restaurant was 36-45 individuals with outside seating available. With the proposed layout of the parking lot along with the drive in and out, there was no safe way to get in the building. Individuals would have to cross the traffic pattern to get into the building. The following ordinance was considered: AN ORDINANCE APPROVING A DETAILED PLAN AND PLANNED DEVELOPMENT (PD) DISTRICT FOR 0.294 ACRES LOCATED APPROXIMATELY 130 FEET NORTHWEST OF THE INTERSECTION OF LOOP 288 AND 1-35E SERVICE ROAD. McAdams motion, Alexander second for denial. On roll vote, McAdams "aye," Alexande~ "aye," Gorton "aye," Aye~ "aye," Boyd "aye," and Mayor Stephens "aye." Motion for denial carried unanimously. i'00 City of Denton City Council Minutes June 7, 1988 Page 5 Item #5.F. was moved ahead in the agenda order. 5. Resolutions F. The Council considered approval of a resolution temporarily closing the I35E service road from Avenue E to Bonnie Brae excluding the exit ramp prior to Bonnie Brae on July 4, 1988 for the Kiwanis fireworks display. The following resolution was considered: RESOLUTION NO. R88-039 A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1988; AND PROVIDING AN EFFECTIVE DATE. Boyd motion, Ayer second to approve the resolution., On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. Public Hearings B. The Council considered a petition of City of Denton requesting establishment of the Agricultural (A) zoning district on 51.3085 acres along the Elm Fork of the Trinity River. The property was located in the J. Clayton Survey, Abstract 221; J. Lamar Survey, Abstract 754: and M. McBride Survey, Abstract 804. If approved, the property may be utilized for any purpose allowed in the Agricultural (A) zoning district. Z-88-001. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was tract of land 100' in width which was annexed by the City of Denton on March 1, 1988. Staff was recommending (A) zoning since it followed the Trinity River and was an undevelopable tract of land. City of Denton City Council Minutes June 7, 1988 Page 6 The following ordinance was considered: NO. 88-092 101 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 51.3 ACRES OF LAND LOCATED ALONG THE ELM FORK OF THE TRINITY RIVER AND BEING PART' OF THE J. CLAYTON SURVEY, ABSTRACT 221, THE J. LAMAR SURVEY, ABSTRACT 754, AND THE M. MCBRIDE SURVEY, ABSTRACT 804, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR AN 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. Alexander 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. C. The Council considered a petition of Duninick Brothers, Inc. requesting a Specific Use Permit for a temporary batch plant and construction site in an Agricultural (A) district. The property was approximately 15.234 acres located at the northwest corner of Rector Road and 1-35 North service road and was described as part of the B. Burleson Survey, Abstract No. 65, and the J. Ayers Survey, Abstract No. 2. Z-88-007. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Dick Kelsey, attorney for Duninick Brothers, Inc., reviewed the history of the property. He stated that Duninick Brothers had leased the property while it still was outside the City limits and there was no zoning on the property at that time. The property had been leased for a temporary period of three and a half years. At the end of the lease, the property would be restored to an agriculture condition except for a storage building which would remain. Some time after that, the City became concerned and asked that the property be platted. It was determined after discussion with City staff and others, that because it was a temporary lease, it was probably not subjected to the platting requirements, since it required that the owner plat the property and not the tenant plat the 102 City of Denton City Council Minutes June 7, 1988 Page 7 property. The owner was not willing to plat the property so no formal platting had been done. An informal plat, at the City's request, had been filed showing the dimensions, design, etc. Shortly after the platting matter was being discussed, the City decided that for control purposes, the property would be annexed. At that time Duninick Brothers was already using the property and had been using the property as a construction site long before the annexation. The property was annexed and as a result, was scheduled for zoning as (A) Agricultural. Duninick Brothers did not oppose that type of zoning. A specific use permit was being requested for a concrete batch plant operation for use in the I35 project. That was the only reason that the property was being used. Duninick Brothers had no intent to purchase the property. Conditions for the permit included restoring the land to agricultural, no vehicular access on the southern portion of the property from Rector Road - the only access to the property was from the access road which belonged to the State, screening and weed control was provided as asked for. Council Member Ayer asked if the subsequent annexation and zoning procedure had any effect on the original provisions of the lease contract. Kelsey replied probably not. Duninick Brothers was obligated, under the terms of the lease, to follow the laws and ordinances of the City of Denton. Council Member Alexander stated that some of the original discussion involved both an asphalt and concrete plant. That was no longer the case. Kelsey replied that the asphalt plant had been reviewed by the Texas Air Quality Board which asked Duninick Brothers to withdraw the permit application which they did. Mayor Stephens asked if Duninick Brothers owned the concrete trucks at the house north of the mexican restaurant. Kelsey replied no. Willis Duninick, President of Duninick Brothers, Inc. spoke in favor of the petition. He stated that the duration of the project as established by the State of Texas was 42 months. The concrete batch plant was going to be there for a great deal of the time but would not be operating for a great deal of that time. Operationally, the plant would be in operation for approximately 24 weeks. The actual operation time of the plant was shorter than the job itself. City of Denton City Council Minutes June 7, 1988 Page 8 Elsbeth Crawford spoke in opposition. She stated that there were three major factors that had not been addressed. On the north part of the property, not belonging to the property was a watershed going into Clear Creek. A holding tank had been dug there and the tank was leaking into Clear Creek. If it rained, the pollutants would go into Clear Creek. Rector Road and the overpass was a part of the school bus route with the gate to the property being opposite the ramp. The bus had to come down Rector Road, make the curve, and turn again in front of their road. When it rained, the trucks carried mud out to the road and practically covered the median lines on Rector Road. The mud hid the lane dividers and made the road very slippery. Trucks did not obey the stop sign at that location. The dust from the plant was so bad that a handicapped individual living next to the plant was not able to leave his home. Sanger had offered a free alternate site but the site was not accepted. Dwight Crawford recalled a recommendation from the Planning and Zoning Commission after Duninick Brothers had leased the property and was using the property for equipment storage, that the property owners request the City of Denton for annexation so the City would have control over the property. The property was annexed. Now the City was giving permission for Duninick Brothers to place a concrete plant on the property. When the property was annexed there was no concrete plant, no asphalt plant, only a construction site. He opposed the proposal. Mr. Kelsey was allowed a five minute rebuttal. Kelsey stated that the State authorities encouraged them to get as close to the pro~ect as possible. The Sanger property was not suitable for their needs. They had followed every regulatory thing that the law required them to do. With regards to the retention pond, the purpose was to retain organic run-off. There were no pollutants in the water and no one had ever mentioned the problem before. No complaints had been received from the School District and the drivers not observing the stop sign were not employees of Duninick Brothers. Finally, no complaints had been received from the handicapped neighbor. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reviewed the history of the property. When the property was first brought to staff's attention, it was in the ETJ of the City of Denton. In June 1987, a preliminary platt was submitted to the Planning Department and in July the Planning and Zoning Commission denied a request for a variance to perimeter st£eet improvements to Rector Road and approved the preliminary and final plat of the Rector subdivision. Based on conversations 103 104 City of Denton City Council Minutes June 7, 1988 Page 9 with the.Planning and Zoning Commission. the City Council and City staff, it was determined that the platting action would not proceed if the property was annexed and zoned appropriately. At that time a building was being erected during the processing of the platt which the City asked not to proceed with but it was constructed. A maintenance yard was added to the site after that. In October of 1987 when the property was annexed, it had a maintenance yard and a storage building on the site. The Texas Air Control Board considered and denied an asphalt batch plant request. The concrete plant request was approved. Planning and Zoning had placed certain conditions on the specific use permit which included removal of the plant by June 1, 1991 or at the time the project was completed and a solid screening device be installed on the property. Mayor Stephens asked what controls would have been available if the city had not annexed the property. Carson replied that there would not be any governmental controls available. Stephens stated that there would not have been any provisions for not using Rector Road. no provisions for erecting - screening, no provisions for restoration of land, and no particular time limit for removal of the plant other than the one noted in the lease agreement. Carson stated that the Mayor was correct. Mayor Stephens asked that if the specific use permit were approved, what type of traffic controls could be imposed. Carson stated that staff had discussed the possibility of requiring pavement inside which might include speed bumps but there was a concern of trying to return the property to an agricultural condition. City Manager Harrell stated in regard to the addition of conditions to try and regulate traffic leaving the site. a stop sign might be appropriate but had some hesitation with a condition for an obligation of speed bumps due the liability exposure fo[ the City. Council Member McAdams stated that she wanted to make sure the same conditions were imposed on developers in the City limits as were imposed on developers in the ETJ. City of Denton City Council Minutes June 7. 1988 Page 10 A discussion ensued between the Council Members and Mr. Kelsey and Mr. Duninick regarding the technicalities for speed bumps, where to place a stop sign relative to the speed bump, and the use of speed bumps. The following ordinance was considered: NO. 88-093 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TEMPORARY BATCH PLANT AND CONSTRUCTION SITE, AS SAID PERMIT APPLIES TO 15.2 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF RECTOR ROAD AND THE SERVICE ROAD OF 1-35, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, McAdams second to approve the ordinance with the conditions suggested by the Planning and Zoning Commission. Gorton motion, Boyd second to amend Section 2, Number 5 to read "that a stop sign and speed bumps shall be installed within three feet of the property line to control the speed of egress traffic" On roll vote, McAdams "nay," Alexander "nay," Gorton "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion failed on a 3-3 tie. Council then voted on the main motion. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "nay." Motion carried with a 4-2 vote. D. The Council considered a petition of BM-J Properties requesting a variance of Article 4.04 of the City of Denton Subdivision and Land Development Regulations on a 1.997 acre tract located between West Hickory Street and Stella Street at Avenue F. This property was further described as a tract in the Eugene Puchalski Survey, Abstract 996. Article 4.04 required that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. A sidewalk was required along the south side of Hickory Street. V-43. (The Planning and Zoning Commission recommended denial.) The Mayor opened the public hearing. No one spoke in favor. NO one spoke in opposition. The Mayor closed the public hearing. 105 106 City of Denton City Council Minutes June 7, 1988 Page 11 Cecile Carson, Urban Planner, stated that this was a request for a variance of the Subdivison Regulations concerning a sidewalk located along Hickory Street. The property was a proposed replat of the existing configuration into one lot. Planning and Zoning reviewed the variance procedure and recommended denial with a 5-0 vote. Two of the three variance conditions were violated which included the condition that the variance would not violate the Master Plan and the variance was unique to the situation. McAdams motion, Ayer second to deny the request. Onroll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Item #5.E. was moved ahead in the agenda order. 5. Resolutions E. The Council considered approval of a resolution temporarily closing Park Lane on June 11, 1988 for a block party. The following resolution was considered: RESOLUTION NO. R88-038 A RESOLUTION TEMPORARILY CLOSING PARK LANE, FROM ITS INTERSECTION WITH SIMMONS STREET TO ITS INTERSECTION WITH HILL STREET, ON JUNE 11, 1988; AND PROVIDING AN EFFECTIVE DATE. Boyd motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Item %6.B. was moved ahead in the agenda order. Tabled Items B. The Council considered removal from the table a resolution authorizing the City to submit to the Department of HOUSing and Urban Development a Final Statement of Objectives and Projected Use of Funds. McAdams motion, Gorton second to remove the item from the table. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes June 7, 1988 Page 12 The following resolution was considered: R88-040 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACTS OF 1974, AS AMENDED: AND PROVIDING FOR AN EFFECTIVE DATE. Barbara Ross, Community Development Coordinator, Stated that the resolution would approve submittal to HUD the final statement of objectives and projected use of funds approved by the Community Development Block Grant Committee. Those uses included the following funding allocations: $369,804 - housing rehabilitation, $15,000 - demolition and lot clearance, $8,000 - irrigation system for the Martin Luther King, Jr. Center, $10,400 - Martin Luther King, Jr. Center landscaping, $26,550 - English as a Second Language Classes, $21,212 - Educational Assistance Program, $3,000 - Phoenix Apartment Sidewalks, $100,000 - Administration. Council Member Gorton expressed his concern regarding the ESL and Educational Assistance Programs. He hoped that the two groups understood that the funding was not guaranteed over a broad period of years. Ayer motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. Consent Agenda A. Bids and Purchase Orders: 1. Bid #9865 - Two Man Aerial Device B. Tax Refund Considered approval of a tax refund for Elwood Reber - $599.58 107 108 City of Denton City Council Minutes June 7, 1988 Page 13 Plats and Replats 1.. Considered approval the Arby's Addition, Planning and Zoning approval.) of preliminary plat of Lot 1, Block A. (The Commission recommended Considered approval of preliminary and final replat of Lots 10 and 11 to Lot llR, Block H, of the Forrestridge Addition, Section III. (The Planning and Zoning 'Commission recommended approval.) McAdams motion, Gorton second to approve the Consent Agenda as presented. Motion carried unanimously. 4. 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. 88-094 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, 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. B. The Council considered adoption of an ordinance amending Article I of Chapter 17 of the Code of Ordinances of the City of Denton, Texas ("Plumbing Code") by amending Section 17-2 (a)(16) of Chapter 17; repealing all ordinances in conflict herewith and providing for a penalty not to exceed $2,000.00. (The Plumbing and Mechanical Board recommended approval). The following ordinance was considered: City of Denton City Council Minutes June 7, 1988 Page 14 NO. 88-095 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("PLUMBING CODE") BY AMENDING SECTION 17-2 (a)(16) OF CHAPTER 17; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander 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. C. The Council considered adoption of an ordinance amending Article III (Peddlers, Solicitors and Itinerant Venders) of Chapter 20 of the Code of Ordinances providing for the regulation of home solicitations and itinerant merchants. The following ordinance was considered: NO. 88-096 AN ORDINANCE AMENDING ARTICLE III (PEDDLERS, SOLICITORS AND ITINERANT VENDORS) OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR THE REGULATION OF HOME SOLICITATIONS AND ITINERANT MERCHANTS; PROVIDING DEFINITIONS OF THE TERMS USED IN THE REGULATIONS; PROVIDING THAT PERMITS ARE REQUIRED FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR ITINERANT MERCHANTS WHO WISH TO OFFER GOODS OR SERVICES FOR SALE; PROVIDING FOR APPEAL PROCEDURES; PROVIDING EXEMPTIONS; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Gorton motion, Boyd 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. D. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement of July 16, 1985 between the City and Freese and Nichols relating to professional engineering services for the upgrade of the City's water treatment plant. (The Public Utilities Board recommended approval). 109 The following o£dinance was consi4ered: 11 0 City of Denton City Council Minutes June 7, 1988 Page 15 NO. 88-097 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT OF JULY 16, 1985 BETWEEN THE CITY AND FREESE AND NICHOLS RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE UPGRADE OF THE CITY'S WATER TREATMENT PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTI~ DATE. Bob Nelson, Executive Director for Utilities, stated that this was a contract for resident engineering services. The old contract expired May 1, 1988. The services would be needed until July 1, 1988. Council Member Ayer asked if this was for services above and beyond that which was specified in the original contract. Nelson replied that is was a change in the time frame from that which was originally contracted for with Freese and Nichols. McAdams motion, Boyd 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. E. The Council considered adoption of an ordinance amending schedules TR, TP, and TG of the schedule of rates for electrical service, as adopted by Ordinance No. 87-027, to provide for a change in peak periods for energy charges. (The Public Utilities Board recommended approval) The following ordinance was considered: NO. 88-098 AN ORDINANCE OF THE CITY OF DENTON AMENDING SCHEDULES TR, TP, AND TG OF THE SCHEDULE OF RATES FOR ELECTRICAL SERVICE, AS ADOPTED BY ORDINANCE NO. 87-027, TO PROVIDE FOR A CHANGE IN PEAK PERIODS FOR ENERGY CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander 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. F. The Council considered adoption of an ordinance authorizing the execution of a contract between the City of Denton and the United States Army Corps of Engineers for design and construction of non-cost sharable recreation facilities at Ray Roberts Lake. (The Public Utilities Board recommended approval) City of Denton City Council Minutes June 7, 1988 Page 16 NO. 88-099 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR DESIGN AND CONSTRUCTION OF NON-COST SHARABLE RECREATION FACILITIES AT RAY ROBERTS LAKE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that the City was required to place recreation facilities a.t Lake Ray Roberts. On most of the recreation, the federal government was sharing 50% of the costs with the cities of Denton and Dallas picking up the other 50%. The City was then required to provide the full maintenance and operate the parks. The State Wildlife Department had agreed to manage the parks. The Department required a foreman's residence and an equipment facility in both locations plus roadwork, utilities, etc to those facilities. The federal government would not share in those costs but the State had agreed to pay those costs but require the money first, then reimburse the'City. Ayer 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. G. The Council considered adoption of an ordinance approving a contract providing for the purchase of real property by the City of Denton, Texas as described herein, from Mr. and Mrs. Coulter for the acquisition of property at the Lake Ray Roberts Dam. (The Planning and Zoning Commission and the Public Utilities Board recommended approval). The following ordinance was considered: NO. 88-100 AN ORDINANCE APPROVING A CONTRACT PRovIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN FROM ALFRED G. COULTER AND GRACE LENA COULTER FOR THE ACQUISITION OF PROPERTY FOR THE CITY'S WATER PLANT; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that this was the next tract of property that was needed for the water plant at Lake Ray Roberts. Alexander motion, Boyd 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. 111 11,2 city of Denton City Council Minutes June 7, 1988 Page 17 H. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract providing for the purchase of real property by the City of Denton, Texas located adjacent to the Wastewater Treatment Plant. (The Planning and Zoning Commission and the Public Utilities Board recommended approval). The following ordinance was considered: NO. 88-101 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN FROM D. J. ANDERSON FOR THE ACQUISITION OF PROPERTY FOR THE CITY'S WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that this property was just north of the wastewater treatment plant. The land was needed for land injection at the site. Ayer motion, McAdams 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. I. The Council considered adoption of an ordinance providing for one-way traffic northbound on the east frontage road of Interstate Highway 35E, from its intersection with Mayhill Road to the southern City limits, a distance of approximately 5,570 feet; and one-way traffic southbound on the west frontage road of Interstate 35E from its intersection with State School Road to the southern City limits for a distance of 5,540 feet. The following ordinance was considered: NO. 88-102 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC NORTHBOUND ON THE EAST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35-E, FROM ITS INTERSECTION WITH MAYHILL ROAD TO THE SOUTHERN CITY LIMITS, A DISTANCE OF APPROXIMATELY 5,750 FEET; ONE-WAY TRAFFIC SOUTHBOUND ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35-E FROM ITS INTERSECTION WITH STATE SCHOOL ROAD TO THE SOUTHERN CITY LIMITS FOR A DISTANCE OF 5,450 FEET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes June 7, 1988 Page 18 Rick Svehla, Deputy City Manager, stated that the Citizen's Traffic Safety Support Commission had considered this issue at two different times. In 1986, the Highway Department indicated that work would be done in the area where the Boeing Plant was now. At that time the City passed a resolution which would keep the service roads two lane until construction began. In February, the Commission again reviewed the proposal and recommended approval. Alexander motion, Ayer 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. 5. Resolutions A. The Council considered approval of a resolution endorsing the outline of legislative strategy for the Clean Air Act as adopted by the North Central Texas Council of Governments. The following resolution was considered: RESOLUTION NO. R88-O34 A RESOLUTION ENDORSING THE OUTLINE OF LEGISLATIVE STRATEGY FOR THE CLEAN AIR ACT AS ADOPTED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Ayer second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye." Boyd "aye." and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to submit an application to the Department of Housing and Urban Development for a grant for a rental rehabilitation project. The following resolution was considered: RESOLUTION NO. R88-035 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A GRANT; AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 113 114 City of Denton City Council Minutes June 7, 1988 Page 19 C. appointing Force. The Council considered approval of a resolution members to the Low/Moderate Income Housing Task The following resolution was considered: RESOLUTION NO. R88-036 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A LOW/MODERATE INCOME HOUSING TASK FORCE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING SOLUTIONS TO THE PROBLEM OF OBTAINING AFFORDABLE AND ADEQUATE HOUSING BY INDIVIDUALS AND FAMILIES WITH LOW TO MODERATE INCOME; AND DECLARING AN EFFECTIVE DATE. Boyd motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of a resolution appointing members to the Blue Ribbon Task Force for Solid Waste. The following resolution was considered: RESOLUTION NO. R88-037 A RESOLUTION CREATING THE BLUE RIBBON CITIZENS COMMITTEE FOR SOLID WASTE TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATIVE TO THE PROVISION OF SOLID WASTE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. Item E. was considered earlier in the agenda. 6. Tabled Items A. An ordinance of the City Council of the City of Denton, Texas amending Article 10 ("Specific Use Permits") of Appendix B-Zoning by repealing the time limit for which construction must begin. No motion was received to remove this item from the table. B. Item B. was considered earlier in the agenda. City of Denton City Council Minutes June 7, 1988 Page 20 Miscellaneous matters from th% City Manager Lloyd Harrell, City Manager, briefed the Council on the following item: A. GTE filed an update rate schedule with the Public Utility Commission asking for an increase in telephone rates. Originally GTE had filed the case in 1984 with no action taken on the case. GTE tried to withdraw the case and file a new case. Because of objections, GTE did not withdraw the original case but updated it with a new rate increase. Anticipated action was in December/early January of next year. Representatives from TML would continue to monitor the situation. 8. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 9. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton questioned businesses such as snow cone stands, etc. receiving utility hook-ups in relation to the itinerant merchant permits. B. Council Member Boyd suggested reviewing the 1987 reallocation of 1987 CDBG funds. C. Council Member McAdams requested the following: 1. More information recommendation from the Human Resources reduction of two transportation sections. concerning the Committee for the 2. The Master Plan for the area around the airport, relative to roads, did not necessarily match what was being proposed in the Denton Development Guide. The proposed alignment for a road near the airport went through a flood plain area and crossed a creek several times. 10. The Council reconvened into the Executive Session to discuss: A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. Held a discussion regarding the City of Denton vs. Maverick, Hawley vs. the City of Denton, Rankin vs. the City of Denton, and Anderson vs. the City of Denton. 115 116 City of Denton City Council Minutes June 7, 1988 Page 21 B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments -- Under Sec. 2(g), Art 6252-17 V.A.T.S. No official action was taken. With no further business, the meeting was adjourned at 11:21 p.m. Tyi~ WALTERS SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS 2936C