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Minutes July 19, 2001168 CITY OF DENTON CITY COUNCIL MINUTES July 19, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRES ENT: Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens 1. The Council held a discussion regarding a draft of the Denton Development Plan. Mitchell Turner, Land Use Planning Committee, presented background information regarding the Plan. He stated that the plan had been presented at five neighborhood meetings and to various groups and organizations in the City. Turner then reviewed the major new policy areas of the Plan which included intensity, housing, transportation, economic development, parks and recreation, urban design, balanced growth, compact growth and implementation. He indicated that team captains from the Committee were present to answer any questions the Council Members might have. Council Member Alexander questioned that Dallas Drive was not mentioned as an official City entranceway. He asked for clarification of that. Harry Persuad, Urban Planner, stated that Dallas Drive would be included as a major entranceway. A question and answer period followed dealing with Council's questions of the Plan. 2. The Council held a discussion of procedures for preparing Appendix A of the Denton Development Plan. Harry Persuad, Urban Planner, stated that new zoning maps would need to be developed with the Denton Development Plan which would incorporate the City into low - moderate - high intensity areas. He presented three options to the Council regarding the preparation of Appendix A. Option A would appoint a task force which would prepare the intensity maps. The Planning and Zoning Commission and the City Council would review the maps. Zoning cases would be presented to the Planning and Zoning Commission and then to the City Council separate from the zoning maps. Under this option, a zoning case would take approximately 15 weeks. Option B was similar to Option A except that the zoning case would appear along with the zoning map on the same Council agenda. Under this option, a zoning case would take approximately 9 weeks. Option C was to delay adoption of the Plan until Appendix A was completed, approximately 6 months. Persuad presented the pros and cons of each option to the Council and requested direction as to which Option the Council wanted to implement. City of Denton City Council Minutes July 19, 1988 Page 2 Consensus of the Council was to place discussion and possible action regarding the Task Force on the next agenda and to hold another work session dealing with which Option to initiate. 3. The Council convened into Executive Session to discuss the following: A. Legal Matters - - Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Held a discussion of Maverick vs. City. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. Personnel/Board Appointments - - Under Sec. 2(g), Art. 6252-17 VoA.T.S. Considered appointments to the Community Development Block Grant Committee, Historic Landmark Committee, Human Resources Committee, Plumbing and Mechanical Code Board, Electrical Code Board and Park and Recreation Board. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRES ENT: Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens Consent Agenda McAdams motion, Gorton second to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchases 1. Bid #9869 - Chemicals - Water Treatment 2. Bid ~9871 - Type I Ambulance 3. Bid ~9874 - Wire & Cable 4. Bid #9878 - Playground Equipment 169 5. Bid ~9881 - Aerial Signal Cable 170 City of Denton City Council Minutes July 19, 1988 Page 3 6. Bid #9882 - Air Switches/Vertical 7. Bid #9848 - Disposal of PCB Transformers 8. Bid ~9873 - Phoenix Apartments - Phase III 9. Bid #9875 - Loop 288 Waterline Casings 10. Bid #9876 - Mulberry & Carroll Blvd. Traffic Signal Conduit 2. 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. 88-117 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 Pro Tem Hopkins "aye." Motion carried unanimously. B. The Council considered adoption of accepting competitive bids and providing for contracts for public works or improvements. an ordinance the award of The following ordinance was considered: NO. 88-118 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Ayer second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. City of Denton City Council Minutes July 19, 1988 Page 4 C. The Council considered adoption of an ordinance authorizing the conveyance of a tract of land consisting of approximately 2,907 square feet to Theron Gerald Snider, Jr.; accepting the conveyance of a tract of land consisting of approximately 2,905 square feet from Theron Gerald Snider, Jr. (D-46) (The Planning and Zoning Commission recommended approval.) The following ordinance was considered: NO. 88-119 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A TRACT OF LAND CONSISTING OF APPROXIMATELY 2907 SQUARE FEET TO THERON GERALD SNIDER, JR.; ACCEPTING THE CONVEYANCE OF A TRACT OF LAND CONSISTING OF APPROXIMATELY 2905 SQUARE FEET FROM THERON GERALD SNIDER, JR.; AND PROVIDING AN EFFECTIVE DATE. Ayer motion, McAdams second t'o adopt the ordinance. On roll vote, McAdams "aye,' Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance amending the parking regulations of Article 15 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for regulations for compact parking spaces; repealing Appendix Illustrations No. 13 and 13A of Appendix B-Zoning; providing for a maximum penalty of 42,000 for violations thereof; and providing for an effective date. (The Planning and Zoning Commission recommended approval.) The following ordinance was considered: NO. 88-120 AN ORDINANCE AMENDING THE PARKING REGULATIONS OF ARTICLE 15 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR REGULATIONS FOR COMPACT PARKING SPACES; REPEALING APPENDIX ILLUSTRATIONS NO. 13 AND 13A OF APPENDIX B-ZONING; PROVIDING FOR A MAXIMUM PENALTY OF 42,000 FOR VIOLATIONS THEREOF; 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 "ay~," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. 171 172 City of Denton City Council Minutes July 19, 1988 Page 5 E. The Council considered adoption of an ordinance amending the Code of Ordinances of the City of Denton, Texas by adding Chapter 3 1/2 to include Sections 1 through 15 of Article I of Chapter 3 1/2 "Alarm Systems" establishing regulations for the use and operation of alarm systems within the City; providing definitions; requiring a permit for users of alarm systems; providing for issuance of permits; providing for service charges for false alarms; providing for denial and suspension of permits; and regulating alarm reporting and operation. Lloyd Harrell, City Manager, stated that the ordinance was designed to encourage reduction of the number of false alarms in the City of Denton. A penalty was available after a specific number of false alarms during a 12 month period. Staff was pulling the item from consideration in order to incorporate several legal considerations that were raised since the time the item was placed on the agenda. Those considerations included amending the wording for residential roperty which had dual alarms for fire and police. Only one 20.00 fee would be assessed to those properties with dual alarms and not two separate fees, one for fire and one for police. Another consideration was the renewal of the license by mail rather than having to renew the license in-person. Council Member Gorton asked about 911 false alarms being addressed in the ordinance. Debra Drayovitch, City Attorney, stated that a reference was made in the ordinance regarding the use of emergency numbers for false alarms but that issued really needed to be considered in a separate ordinance. Council Member McAdams was concerned that the program was really a voluntary program and if a resident chose not to register his alarm system, the City would have no way of tracking the non-registered system. Harrell replied that the only way to know of a non-registered system would be when there was a call to that residence. The resident could then be cited for failure to register the system. Mayor Pro Tem Hopkins stated that she was concerned about those who chose not to register their system. Although the program was a voluntary program, it should not be made difficult for those registering their systems. F. 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 Dr. Elizabeth R. Vaughan for the acquisition of property for the City's water plant project. (The Planning and Zoning Commission and the Public Utilities Board recommended approval.) City of Denton City Council Minutes July 19, 1988 Page 6 The following ordinance was considered: NO. 88-121 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN FROM DR. ELIZABETH R. VAUGHAN 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 final tract of land for the water treatment plant at Lake Ray Roberts. The land would be used for a booster station and ground storage tanks. Boyd motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Brazos Electric Power Cooperative for the purchase of electrical facilities and easements; and repealing Ordinance No. 87-185. (The Public Utilities Board recommended approval). The following ordinance was considered: NO. 88-122 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS; REPEALING ORDINANCE NO. 87-185; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that the item had been acted on in October of 1987. At that time, the agenda item price did not match the contract price. The actual amount was more than what was approved at the previous meeting. A special warranty deed was listed in the previous contract which Brazos Electric Power Cooperative would not provide. Instead they provided a partial release deed which assured the City that there were no liens against 7.51 miles of transmission line. Ayer motion, McAdams second to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye," Gorton 'aye,' Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. 173 174 City of Denton City Council Minutes July 19, 1988 Page 7 H. The Council considered adoption of an ordinance accepting the conveyance of certain real property to the City located at the northwest corner of the intersection of Lillian Miller Parkway and FM 2181. The following ordinance was considered: NO. 88-123 AN ORDINANCE ACCEPTING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LILLIAN MILLER PARKWAY AND F.M. 2181 (ALSO CALLED TEASLEY LANE); AUTHORIZING THE RELEASE OF CERTAIN LIENS IN EXCHANGE FOR SAID CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this was a tract of land that the City had been negotiating for for a long period of time. It was at the corner of Teasley Lane and Lillian Miller Parkway and was a possible site for a new fire station. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance amending Chapter 14 (Offenses and Miscellaneous Provisions) of the Code of Ordinances by the addition of a new Article III hereto regulating the conduct of picketing in residential areas. The following ordinance was considered: NO. 88-124 AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE CODE OF ORDINANCES BY THE ADDITION OF A NEW ARTICLE III HERETO REGULATING THE CONDUCT OF PICKETING IN RESIDENTIAL AREAS; PRESCRIBING A PENALTY IN THE MAXIMUM AMOUNT OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that this ordinance was drafted at the request of several Council Members and was drafted and patterned after a recent ordinance arising from a city in Wisconsin that was considered and approved by the United States Supreme Court on June 27, 1988. Much of the wording was verbatim from that ordinance and additional qualifications were added in accordance with the Court's interpretation of that particular local statute. City of Denton City Council Minutes July 19, 1988 Page 8 Mayor Pro Tem Hopkins stated that she had been approached by an individual requesting the opportunity to speak to the item. With Council consensus, she would allow the individual to speak. Mark Crutcher, representing the North Texas Right to Life organization, stated that the organization favored the ordinance but asked for a clarification regarding the enforcement of the ordinance. Would it be enforced as the Supreme Court recommended in that the picketing would not be restricted to a residential neighborhood, only a specific residence. City Attorney Drayovitch stated that picketing would be prohibited in or about or in front of one specific residence. If a group wished to comply with other applicable City ordinances governing traffic and parades, they could obtain the necessary permits. McAdams motion, Alexander second to ~adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance of the City of Denton, Texas, approving a settlement and compromise agreement for pending litigation between the City of Denton and Dwight Anderson as next friend for Dana L. Anderson, an incapacitated person and Shanda Michelle Anderson, a minor; and providing for an effective date. The following ordinance was considered: NO. 88-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON, AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR; 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 Pro Tem Hopkins "aye." Motion carried unanimously. 3. Resolutions A. The Council considered approval of a resolution setting a date, time and place for public hearings on the proposed annexation of 20.8309 acres located at FM 2181 and Old Alton Road. (A-56) 175 176 City of Denton City Council Minutes July 19, 1988 Page 9 The following resolution was considered: RESOLUTION NO. R88-043 A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Cecile Carson, Urban Planner, stated that the public hearing dates would be August 2 and 16, 1988 and final annexation would be set for October 18, 1988. A plat had been received for a mobile home park although no further action had been taken by the owners on the plat. There would be limited City costs involved in the annexation and staff felt it would be in the best interest of the City to proceed with the annexation. Alexander motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. B. The Council considered approval of a resolution eliminating the energy cost adjustment (Rate Schedule ECA) for the months of August and September of 1988. The following resolution was considered: RESOLUTION NO. R88-044 A RESOLUTION ELIMINATING THE ENERGY COST ADJUSTMENT (RATE SCHEDULE ECA) FOR THE MONTHS OF AUGUST AND SEPTEMBER OF 1988; AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director for Utilities, stated that the resolution would eliminate the fuel cost adjustment for the months of August and September. Gas prices were down from when the rates were proposed. Adequate revenues were in place to purchase fuel for those two months and staff was proposing passing the savings on to the utility customers. The fuel cost adjustment would be reinstated on October 1, 1988. Council Member Ayer asked if any special message would be noted on the customers utility bill. Nelson replied that it could be included if Council so desired. City of Denton City Council Minutes July 19, 1988 Page 10 Boyd motion, Gorton second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. C. The Council considered approval of a resolution of the City Council of the City of Denton designating certain City officials as being responsible for, acting for, and on behalf of the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Conservation Fund Act of 1965; and certifying that the City of Denton was eligible to receive assistance under such program. (The Park and Recreation Board recommended approval). The following resolution was considered: RESOLUTION NO. R88-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Steve Brinkman, Director of Parks and Recreation, stated that this resolution would allow the Parks Department to apply for funding from the State to assist the City in developing Evers Park. Gorton motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. D. The Council considered approval of a resolution authorizing the Mayor to execute a security agreement on behalf of MBank relating to the lease between the City and First Financial Resources, Inc. (The Airport Advisory Board recommended approval). The following resolution was considered: 177 178 City of Denton City Council Minutes July 19, 1988 Page 11 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECURITY AGREEMENT ON BEHALF OF MBANK RELATING TO THE LEASE BETWEEN THE CITY AND FIRST FINANCIAL RESOURCES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that she had been in contact with Tom Jester, attorney for MBank and First Financial Resources, regarding the necessity for the City to approve such a resolution. Mr. Jester had been informed that Council would be considering the item and was given the opportunity to speak before the Council if he so desired or respond by letter stating the reasons why the agreement was necessary. Mr. Jester was not in attendance at the meeting and had not submitted any further written information regarding the issue. Boyd motion, Gorton second to deny approval of the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,' Boyd "aye,' and Mayor Pro Tem Hopkins "aye." Motion to deny carried unanimously. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following item: A. Deputy City Manager Svehla stated that efforts were under way to establish a 2499 not-for-profit corporation. He stated that staff would like to place on the next agenda approval of the corporation allowing the Mayor to sign those documents. The Council would also be asked to name three board members to the non-profit corporation. 5. The following official action was taken on Executive Session items discussed during the Work Session: Boyd motion, Gorton second to appoint the members to the following Boards/Commissions: Rosemary Rodriguez - Community Development Block Grant Committee Richard Hayes - Historic Landmark Commission Jim Bezdek - Muman Resources Commission Jeff Peploe - Plumbing and Mechanical Code Board On roll vote, McAdams 'aye,' Alexander 'aye,' Gorton "aye," Ayer "aye," Boyd "aye,' and Mayor Pro Tem Hopkins "aye.' Motion carried unanimously. City of Denton City Council Minutes July 19, 1988 Page 12 6. New Business There were no items of New Business suggested by Council Members for future agendas. 7. The Council did not convene into the Executive Session following the Regular Session. With no further business, the meeting was adjourned at 8:10 p.m. JA~E HOPKINS, ~AYOR PRO TEM CITY OF DENTON, TEXAS TyyIFE~ WALTERS S ~CRETARY OF DENTON~ TEXAS 179 2955C