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Minutes November 1, 1988CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 1, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Gorton and McAdams. ABSENT: Council Member Boyd The Mayor recognized the attendance of the Leadership Denton group at the meeting. 1. The Council received an update on the COG Economic Study for the Denton Municipal Airport and the C.O. Debt Retirement for the Denton Municipal Airport. Rick Svehla, Deputy City Manager, reviewed the COG study regarding counts at the airport and the time table involved with the counts. He presented an update on the C.O. Issues and Bonds stating that the southeast corner was almost completed, the roof had been repaired on the terminal, a tractor/mower had been purchased, and a drainage project had been completed. Council Member Ayer stated that he felt that the numbers from COG were not really helpful. The numbers needed to be divided out from recreational planes versus commercial planes. Council Member Boyd joined the meeting. 2. The Council held a discussion regarding the proposed revisions to Article 17, Signs, of Appendix B, of the Code of Ordinances. Lloyd Harrell, City Manager, stated that this was a recommendation from the Beautification Committee to take a comprehensive look at the sign ordinance and made a recommendation. The Planning and Zoning Commission had been discussion the ordinance for the last several months. Cecile Carson, Urban Planner, presented a perspective of what was current, what was proposed and examples of such. She stated that the main objective was to address the portable sign issue and gave examples of problems with portable signs. The Committee was recommending a total ban of new portable signs with no additional signs allowed. Carson stated that staff was recommending that the moratorium ordinance be extended until the second meeting in January. Council held a discussion regarding signs in residential areas, abandoned signs, banners/flags and political signs. 3. The Council received a report from the Council's legislative lobbying committee. City of Denton City Council Minutes November 1, 1988 Page 2 Council Member Gorton reviewed the thrust of the Committee and the selection process for the candidates. He gave his personal recommendation for the hiring of a particular candidate. Mayor Stephens asked if the Council would like to interview the top two candidates. Consensus of the Council was to interview the top two candidates at the next Council meeting. 4. The Council convened into Executive Session to discuss legal matters (discussed County v. City and retention of counsel and in re: Flow Hospital), real estate (considered acquiring an easement for the Burning Tree Drainage Project), and personnel and board appointments (considered nominations for the Appraisal Review Board of the Denton Central Appraisal District and continued the evaluations of the City Manager, City Attorney and Municipal Judge.) 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 Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None The Mayor presented the following proclamations: A. Certificate of Appreciation to Clifford Delaporte from the Denton Fire Department B. National Pornographic Awareness Week Item 4.A. was moved ahead in the agenda order. Resolutions A. The Council consider approval of a resolution temporarily closing a portion of Hickory Street and Elm Street on November 16, 1988. Derv Hudgens, local Chairman of the Denton County Unit of the American Cancer Society,.requested that the street be closed for the Great American Smokeout. Remax Realty would be raising a hot air balloon for .the event and it would be necessary to clo~e the street in the area during the rai~ing and lowering of the balloon. 311 312 City of Denton November 1, 198 Page 3 The following A RES( AND EL EFFECT McAdams motione Mayor Pro Tem 5 on the Square little parking during the Dus other areas an( the event. On roll vote, Gorton "nay," "aye." Motion ity Council Minutes r solution was considered: RESOLUTION NO. R88-065 LUTION TEMPORARILY CLOSING A PORTION OF HICKORY M STREETS ON NOVEMBER 16, 1988; AND DECLARING AN IVE DATE. d, Alexander seconded to approve the resolution. opkins did not like the idea of closing a street that affected so many businesses. There was in the area as it was and the closing would be time of the day. She felt that there were other days that might be more appropriate for "aye," Hopkins "nay," and Mayor Stephens {cAdams "aye," Alexander Ayer "aye," Boyd "aye," ~arried with a 5-2 vote. PuDlic Hearings A. T~e Council held a discussion adoption of an and approving Management Cot and Colorado B, and was the approved, the and considered ordinance amending a planned development (PD-28) detailed plan. Petitioner was Henry S. Miller oration. The property was located between 1-35 )ulevard on the southeasterly side of Loop 288 ~urrent location of Denton Town Center. If amendment would permit the redesign of the parking lot aid establish a parking space ratio for the center. Z-88-1 15. (Planning and Zoning Commission recommended approval with c.)nditions). The Mayor opene Mark Smith, He favor. He stat retail· As restaurants, of current code, spaces and the lea~e a por~ior last minute to met with staff use parking re, overlap usage w, No one spoke in the public hearing. ry S. Miller Management Corporation, spoke in ed that the parking ratios were geared for 100% the project was leased, there were some fice space, medical and retail. According the the project was about to run out of parking Management Corporation would not be allowed to ~ of ~h~ building. Rather than wait until the address the proolem, the Management Corporation to work out a solution to the problem. A mixed tuirement for the Center that would allow for )uld work for the area. opposition. City of Denton City Council Minutes November 1, 1988 Page 4 The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the planned development had been approved in 1982. The original structure was for retail use only. The property was in a high intensity area and a number of commercial/office/ retail land uses were encouraged in the area. During the issuance of certificates of occupancy and beer and wine permits in the area, staff realized that there was a problem in the parking allocation for the Center based on the current standards. The priorities were to improve the traffic flow in the area and to provide adequate parking. Islands would be redesigned or repositioned to improve traffic flow and provide adequate parking. Council Member Boyd asked if there would be additional parking spaces. Carson replied that there would be 20 additional parking spaces. Boyd asked what was required under the current standards. Carson stated that based on the percentage of land use proposed which was predominately retail with some office, restaurant and medical/office, 483 parking spaces would be required. Additional spaces would require a reduction of the landscape area and the differences in hours of operation of the various businesses would allow the mixed use parking spaces. The following ordinance was considered: No. 88-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 4.96 ACRES OF LAND LOCATED ON THE SOUTH AND EAST SIDE OF LOOP 288, BETWEEN COLORADO BOULEVARD AND INTERSTATE HIGHWAY 35, AS MORE PARTICULARLY DESCRIBED HEREIN, AND BEING A PORTION OF THAT PLANNED DEVELOPMENT DISTRICT (PD-28) AS ESTABLISHED BY ORDINANCE NO. 82-13; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded 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. 313 City of Denton November 1, 198 Page 5 2. Conser McAdams motior Agenda as press A. City Council Minutes 8 t Agenda ed, Hopkins seconded to approve the Consent nted. Motion carried unanimously. ids and Purchase Orders: Bid 99901 - Tree trimming for miscellaneous electric lines Bid 99899 - Loop 288 Sanitary Sewer Crossing - Stuart Road (The Public Utilities Board recommends approval) R. Q. ~107012 - Motorola Communications - $107.335.30 - MoDile radios R.Q. 9108108 - Bound To Stay Bound Books, Inc. - $11,200.19 - Bind books for Outreach Project. P.O. ~8057 - Booth and Newson - 914,393.28 - legal services - Lewisville Hydroelectric. B. .x Refunds Consider approval of a tax refund for John Neuberger/Waterfield Mortgage Co. Consider approval of a tax refund for Jefferson Federal Savings & Loan/First Gibraltar Mortgage Corp. Consider approval of a tax refund for Jefferson Federal Savings & Loan/First Gibraltar Mortgage Corp. Ordin. ces A. The Council considered adoption of an ordinance for the award of AN OR£INANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFgRE; AND PROVIDING FOR AN EFFECTIVE DATE. accepting competitive Dids and providing contracts for public works or improvements. The following ordinance was considered: No. 88-179 City of Denton City Council Minutes November 1, 1988 Page 6 McAdams motioned, Gorton seconded 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 providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: No. 88-180 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded 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 Section 24-99 (a) of Chapter 24 of the Code of Ordinances to provide for a maximum speed limit for public alleys; and providing for a penalty of not less than $1.00 and not more than $200.00 for violations thereof. (The Citizens Traffic Safety Support Commission recommended approval) The following ordinance was considered: No. 88-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-99 (a) OF CHAPTER 24 OF THE CODE OF ORDINANCES TO PROVIDE FOR A MAXIMUM SPEED LIMIT FOR PUBLIC ALLEYS; PROVIDING FOR A PENALTY OF NOT LESS THAN $1.00 AND NOT MORE THAN $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded 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. 315 316 City of Denton 2ity Council Minutes November 1, 198 Page 7 D. T .e Council considered adoption of an ordinance amending Chapter 5 1/2 (Cable Television) of the Code of Ordinances of ';he City. (The Cable Television Advisory Board recommended approval) The following ordinance was considered: No. 88-182 AN ORI~INANCE OF THE CITY COUNCIL AMENDING CHAPTER 5 1/2 ((IABLE TELEVISION) OF THE CODE OF ORDINANCES OF THE CiiTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY NOT TO EXCEED ~200.00 DOLLARS; AND DE2LARING AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, Mc~dams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance granting a flanchise to Sammons Communications, Inc._ to construct, reconstruct, operate and maintain a cable television system in the City of Denton and setting forth conditions accompanying t e grant of the franchise. (The Cable Television Advisory Board ~ecommended approval) (First reading) The following ~dinance was considered: AN OR)INANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS~ INC., TO CONSTRUCT, RECONSTRUCT, OPERAT~ AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY ~F DENTON~ TEXAS AND SETTING FORTH .CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE, PROVIDING FOR WO A ZO OR ZO S OF ORDINANCE,-- ' PROVIDING FOR A SAVINGS CLAUSE,~' PROVIDING FOR TH AND RE Alexander moti¢ On roll vo~e, Gorton "ayes" "aye." Motion E EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES SOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. .ned, McAdams seconded to adopt the ordinance. McAdams "aye," Alexander #aye," Hopkins "aye," Ayer "aye," Boyd 'aye," and Mayor Stephens carried unanimously. City of Denton City Council Minutes NovemDer 1, 1988 Page 8 4. Resolutions A. Item was considered earlier in the meeting. B. The Council considered approval of a resolution setting forth principles of agreement regarding utilization of Lake Lewisville for receiving, storage and transportation of raw water from Cooper Reservoir. The following resolution was considered: Resolution No. R88-066 A- RESOLUTION SETTING FORTH PRINCIPLES OF AGREEMENT REGARDING UTILIZATION OF LAKE LEWISVILLE FOR RECEIVING, STORAGE AND TRANSPORTATION OF RAW WATER FROM COOPER RESERVIOUR AND DECLARING AN EFFECTIVE DATE. Ayer motioned, McAdams seconded 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. C. The. Council considered approval of a resolution approving the necessity of condemnation of a drainage easement. This item was held until later in the meeting. 5. The Council considered the appointment of three representatives to the 2499 Board. Council Member Alexander stated that he had Cott, Bill Utter, Sr. and they were willing Board. contacted Jerry to serve on the Council Member Gorton stated that he had contacted Ann Houston and she was willing to serve on the Board and had no conflict of interest as far as any real estate holding. Alexander motioned, Gorton seconded to appoint Jerry Cott, Bill Utter, Sr. and Ann Houston to representatives to the 2499 Board. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye,~ and Mayor Stephens "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. A. Harrell stated that today was the 20th year anniversary for Joella Orr, Library Director, with the City of Denton. 317 318 City of Denton November 1, 19 Page 9 15th of Novembe There Session items appointments. 8. No n( Members for fur 9. The C( discuss legal of counsel and acquiring an and personnel for the Apprai~ City Council Minutes ~ere would be a regular Council meeting on the r with a work session on the 22nd of November. was no official action taken on Executive f legal matters, real estate, personnel or board items of business were suggested by Council ~re agendas. .uncil reconvened into the Executive Session to ~atters (discussed County v. City and retention in re: Flow Hospital), real estate (considered lsement for the Burning Tree Drainage Project), and board appointments (considered nominations al Review Board of the Denton Central Appraisal District and continued the evaluations of the City Manager, City Attorney amd Municipal Judge.) The Council reconvened into open session and took the following action: The following A RES PROPER OF T PARTIC DRAINA EFFECT Boyd motioned, On roll vote, Gorton 'aye,' "aye." Motion With no furthe] p.m. r.=solution was considered: Resolution No. R88-067 3LUTION AUTHORIZING THE CONDEMNATION OF REAL fY LOCATED WITHIN LOTS 1, 2, 3, AND 4, BLOCK P, {E NORTHWOOD ADDITION, NO. 7A, AS MORE JLARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN ]E AND UTILITY IMPROVEMENTS; AND DECLARING AN [VE DATE. Alexander seconded to approve the resolution. McAdams "aye," Alexander "aye," Hopkins "aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens :arried unanimously. business, the meeting was adjourned at 10:11 Y SECRETARY ! CITY OF DENTON, TEXAS 3004C