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Minutes October 11, 1988262 CITY OF DENTON CITY COUNCIL MINUTES October 11, 1988 The Council convened into a Special Call meeting at 5:30 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Boyd, Gorton and McAdams. ABSENT: Council Member Ayer 1. The Council considered adoption of an ordinance annexing 135 acres located south of Mills Road, east of Mayhill Road, and north of McKinney Street adjacent to existing city limits. (A-55) (The Planning and Zoning Commission recommended approval.) The following ordinance was considered: NO. 88- -- AN ORDINANCE ANNEXING A TRACT OF LAND CONTINUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL OF THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 135.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTONv 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. Cecile Carson, Urban Planner, stated that the Planning and Zoning Commission had recommended to approve the annexation with a vote of 6-0. Based on State statutes, the final date of annexation would be January 9, 1989. The last possible date as far as Council meetings was January 4, 1989. Staff had determined that those individuals who may be selling their property to the School District could make agreement with the District to be responsible for the taxes on the property. The original time frame for action on the annexation was final action on November 18, 1988. Council Member Gorton requested a staff report regarding appraised values of property in the area - what recently had sold, what the sale price was and what the appraised value was. Mayor Pro Tem Hopkins asked if the Council needed to the issues at this particular meeting or could they action until a later date. vote on postpone Carson replied that in order to meet State statutes, the Council needed to institute the annexation at this meeting. City of Denton City Council Minutes October 1~, 1988 Page 2 Council Member Alexander asked that even as late as January 4, 1989, certain properties within that area of proposed annexation could be removed from the plan. Debra Drayovitch, City Attorney, replied that the City Charter stated that the correct legal description must be in place when the action would be considered. That might require a re-publication of the legal description. Hopkins motioned, McAdams seconded to approve On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Boyd "aye," and Mayor Stephens carried unanimously. the ordinance. Hopkins "aye," "aye." Motion Alexander motioned, McAdams seconded to instruct the staff to place the annexation item A-55 on the November 15, 1988 agenda for further consideration. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 2. The Council considered approval of a resolution authorizing the closing of Avenue A between the intersection of Hickory Street and Mulberry Street on Thursday, October 13, 1988. The following resolution was considered: NO. R88-064 A RESOLUTION TEMPORARILY CLOSING AVENUE A BETWEEN THE INTERSECTION OF HICKORY STREET AND MULBERRY STREET ON THURSDAY, OCTOBER 13, 1988, AND PROVIDING AN EFFECTIVE DATE. Douglass Woodruff, Pi Kappa Alpha, requested that the street be closed on October 13, 1988 for a Homecoming pep rally for UNT. He stated that the players from the football team would be speaking, the cheerleaders would be there along with the Song Leaders. Council Member Gorton asked where was the Pi Kappa Alpha's actual meeting place. Woodruff replied that they did not have a house as of yet but were meeting at the Student Union, fourth floor. Gorton stated that he only saw names of businesses on the petition, no actual signatures of the owners or operators of the businesses. He ~ated that he could not accept the petition as being valid without the signatures of the owners or the operators of the businesses. He also asked if there was any intent to sell liquor during the function. 263 2 6 4 City of Denton City Council Minutes October 11, 1988 Page 3 Woodruff stated not by Pi Kappa Alpha fraternity but that some of the businesses on Avenue A would be as they usually did. Gorton stated that he did not see, on the petition, the names of the businesses that sold alcoholic beverages. Woodruff replied he thought there were three businesses, The Flying Tomato, the Gravity Room and the State Club on the street. He had not seen the petition as he was not in charge of getting the signatures. Mayor Stephens asked if it was Woodruff's understanding that the signatures did represent those of the owners/managers. Woodruff replied yes. Gorton stated it did not. There was one establishment that sold alcohol that was not on the petition - the Green Derby. He had had contact with the owner who was in opposition to the street closing. Woodruff stated that the fraternity was requesting the street closure to be 30 yards past his establishment so as to not interfere with his business. Mayor Stephens asked if Woodruff knew why the Green Derby was in opposition. Woodruff stated he did not. Council Member Boyd asked Woodruff if he had any knowledge if the signatures were the signatures of the owners. Woodruff replied that his understanding from Kyle Scruggs, the individual in charge of the petition, the signatures were actual signatures from the owners/managers. Council Member McAdams stated that her chief concern was the outdoor music until midnight on a week night. Woodruff stated that there would be no outdoor music or speakers because they did not want to bother any one in the neighborhood. The Gravity Room was having a band play that night and they would have the doors open to the establishment but there would be no outdoor speakers. McAdams asked if the outdoor causing a disturbance, were discontinue the music. music was approved but it was there any legal means to City of Denton City Council Minutes October 11, 1988 Page 4 Mayor Stephens replied that the Council could impose such conditions. Hopkins asked if it would be possible for the fraternity to go back and get the actual signatures of the owner or manager from the businesses and return it back to the City by noon on Thursday. McAdams stated that at least one business was objecting and the fraternity would not be able to get that signature. Mayor Stephens asked what percentage would be accepted of the businesses in the area. Steven Pollard, Pi Kappa Alpha, stated that what was going to go on Thursday night was not very different from what went on every Thursday night. They wanted to harness some of that energy, block off Avenue A and have a Homecoming spirit rally. Mayor Stephens asked if the fraternity was taking the responsibility of cleaning up the street after the rally. Pollard replied yes. McAdams stated that she wanted to include some provision that if the music was excessive at 11:00 p.m., then the doors from wherever the music was coming from needed to be closed. Mayor Stephens felt that that was too late. Pollard stated that they were requesting the street be closed at 7:00 p.m. in order to set up for the speakers to begin at 8:00 p.m. Gorton stated that no matter where the street was closed, there would be a potential traffic conjection problem. People would be parking all along that area, limiting an individual business person's access by the general public. He also had a concern with the comment from Mr. Pollard that if this was no more than what went on every Thursday night, why was there a need to close the street. He asked if the University was not having a pep rally on campus. Pollard replied that they were requesting the street be blocked off so that no one would get hurt during the pep rally. He stated that a member of the fraternity, who was a partial owner of the State Club, had approached the fraternity with the idea of a pep rally to show support for the school. Woodruff stated that on Friday night there would be an annual bonfire at the golf course by the Sheraton. This event was in addition to that one. 265 266 City of Denton City Council Minutes October 11, 1988 Page 5 Gorton stated that there was a member of the fraternity, who was part owner of the State Club. Pollard replied that he was an inactive member, an alumni. Gorton stated that, in essence, the fraternity was asking the City to approve a closure of a street to benefit a sole proprietor of a liquor-selling business so that the participants would be captive and would go in and buy liquor at that establishment. Pollard replied that Mr. Gorton could see it that way but that was not the intent. The State Club was not hurting for business. The fraternity thought this would be a good way to show support for the University and the football team. Margaret Johnson, a resident in the area, stated that Thursday night would be no different from every Thursday night. She had talked to the fraternity representatives before the meeting and felt that the students should be allowed to have a good time. She felt that it could be a nice affair if they have what they plan to have. If it was going to be a big beer bust like Fry Street, then she was opposed to it. She stated that parking, bathrooms and clean-up needed to be addressed. Mayor Stephens asked what could be done about the area. Did the street need to be closed Hickory. the parking in at Welch and Several Council Members replied that there was adequate parking in the area, with faculty lots and other lots a block or two away. Mayor Stephens stated that the Council did not have the knowledge or assurances from Mr. Pollard and Mr. Woodruff that the signatures on the petition were actual permissions. He was concerned that the petition might be just a contact list and not necessarily the approval list. Mayor Pro Tem Hopkins stated that perhaps staff needed to look into the possibility of requiring future petitioners to furnish outdoor bathrooms, and take care of clean-up or put up deposits for clean-up. McAdams motioned, Boyd seconded to approve the resolution with the following changes: (1) the boundaries of the street closure would be from the southern portion of Hickory Street to the northern boundary of the property line of the Green Derby on AvEnue A and (2) the outdoor music would end at 11:00 p.m. City of Denton City Council Minutes October 11, 1988 Page 6 McAdams stated that the street should remain closed for an additional hour after the music has stopped to allow for clean-up of the street without the threat of traffic on the street. Council Member Alexander referred to the phrase "all abutting property owners of the street" and asked if Council was comfortable assuming that the businesses listed had given their consent. If they had, were all of the businesses listed within the limits of the closed portion of the street. Cecile Carson, Urban Planner, stated that there were some vacant properties that were not listed as having been contacted. Pollard replied that the only business he could think of that was not listed on the petition was the State Club and did not know why it had been left off as they were in favor of the street closure. L19yd Harrell, City Manager, stated that since that phrase was in the "whereas" section and did not have an effect on what was to be done, it could be removed if the Council was uncomfortable with it. Council Member Gorton noted that as he looked at the list of those who had apparently given their approval, he only saw two of three businesses that were open at night that had given their approval and one had not. All of the rest of the businesses were not affected. The rest of the signatures could be thrown out as mute and the Council had to apply who was being affected and what hours were being affected. Only one out of three open was being affected by the closing of the street - even though that business was excluded from the actual portion of the street to be closed. He was opposed to the motion. Alexander motioned, Gorton seconded to amend the main motion to strike all references to street closings, leaving the motion as stated with the exception of all references to street closing. On roll vote, McAdams "nay," Alexander "aye," Hopkins "nay," Gorton "aye," Boyd "nay," and Mayor Stephens maye." Motion failed with a 3-3 vote. Boyd motioned, Alexander seconded to amend the main motion to change the boundaries of the street closing to read the southern portion of Hickory Street to the north side of the entrance to the parking lot next to the Goose Inn Bicycle Shop. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 4-2 vote. 267 268 City of Denton City Council Minutes October 11, 1988 Page 7 The Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 4-2 vote. 3. The Council then convened into Executive Session to discuss legal matters, real estate, personnel and board appointments ( held an annual review of the Municipal Judge, the City Attorney, and the City Manager). Council reconvened into open session and took the following action: A.McAdams motioned, Boyd seconded to continue the employment of the Municipal Judge and granted a 3% salary · increase. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. Gorton motioned, Alexander seconded to continue the employment of the City Attorney and granted a 3% salary increase. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. Alexander motioned, Hopkins seconded to continue the employment of the City Manager and granted a 3% salary increase. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. With no further business, the meeting was adjourned at 9:52 p.m. RAY TY OF DENTON ~P~LT~RS, CiTY SECRETARY ~ITY OF DENTON, TEXAS 2998C