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Minutes November 15, 1988CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 15, 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, Boyd, Gorton and McAdams. ABSENT: None Item 2. was moved ahead in the agenda order. 2. The Council Legislative lobbyists. discussed and considered potential Council Member Gorton reviewed the selection process that the committee had for the top two candidates. He stated that those candidates were on hand for an interview. The Council interviewed Charlie Evans and presented career and personal background fielded a number of questions from the strategies for dealing with the Legislature. Tom Forbes. Each information and Council regarding 1. The Council did not meet in Executive Session during the Work Session. 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: Hunger Week National Family Week The Mayor recognized students participating the in Youth in Government Day. 1. The Council considered approval of the minutes of the regular meeting of October 4, 1988, the special call meeting of October 11, 1988 and the regular meeting of October 18, 1988. Mayor Pro Tem Hopkins noted a misspelling of a name in the minutes and asked for a correction. 321 Hopkins motioned, McAdams seconded to approve the minutes with the correction noted. Motion carried unanimously. 322 City of Denton City Council Minutes November 15, 1988 Page 2 2. The Council received a presentation by Ms. Dora Garcia regarding the need for more Spanish speaking employees in the Fire and Police Departments. Ms. Garcia presented the Council with a petition requesting that the City of Denton employ Spanish-speaking employees at the emergency departments. She had talked with Chief Cook, Fire Chief, who stated that the Fire Department did have Spanish-speaking employees but that they were not always available at the emergency phone. She had also spoke with Chief Jez, Chief of Police, who stated that there were at least 4 police officers and 2 dispatchers who spoke Spanish but that they were not always available for translation. Garcia relayed an incident where an individual was injured and in need of an ambulance and was not able to communicate with the dispatcher. She stated that she was concerned for those people who could not speak English and might need emergency help. Chief Jez stated that both he and Chief Cook had had several conversations with Ms. Garcia followed by meetings with the City Manager and Deputy City Manager. They had also met with Frank Davila and came up with a number of ideas on how to address the problem. Some of those ideas included increased training, organizing volunteer support throughout the community. Chief Cook stated that Ms. Garcia's concern was well founded and that the scope of the problem was larger than just obtaining information over the phone because in a medical emergency more information was involved. Consent Agenda McAdams motioned, Alexander seconded to approve the Consent Agenda as presented. Motion carried unanimously. R. Q. #107044 - Motorola Communications - communications equipment R. Q. #107041 - Motorola Communications - communications equipment R. Q. #107042 - Motorola Communications - communications equipment R. Q. #107043 Motorola Communications - communications equipment S. Lone Star Gas -gas line relocation City of Denton City Council Minutes November 15, 1988 Page 3 4. Ordinances A. The Council considered adoption of an ordinance providing for the expenditure of funds for 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. 88-183 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR 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, Hopkins 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 authorizing the Director of Public Works to execute a cash deposit gas piping contract with Lone Star Gas Company. The following ordinance was considered: NO. 88-184 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CASH DEPOSIT GAS PIPING CONTRACT WITH LONE STAR GAS COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins 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 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.) 323 324 City of Denton City Council Minutes November 15, 1988 Page 4 The following ordinance was considered: AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 135.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, 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. Hopkins motioned, Alexander seconded to postpone final action to a date certain of January 3, 1989. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. D. The Council considered adoption of an ordinance amending the fees applicable to certain requests for zoning amendments; and providing for an effective date. (The Planning and Zoning Commission recommended approval.) The following ordinanCe was considered: NO. 88-185 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES APPLICABLE TO CERTAIN REQUESTS FOR ZONING AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Elizabeth Evans, Planning Administrator, stated that this ordinance would change the current fee structure for a zoning case to allow a lesser fee or no fee depending on the size of the parcel or owners involved for cases changing from a less restrictive zoning district to a more restrictive district. Alexander motioned, Hopkins 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. E. The Council considered adoption of an ordinance abandoning and vacating a certain drainage and communications easement within the Ridge of Southridge Subdivision; reserving a portion thereof for a communications easement; and declaring an effective date. (The Planning and Zoning Commission recommended approval.) City of Denton City Council Minutes November 15, 1988 Page 5 Elizabeth Evans, Planning Administrator, stated that this was a request by Dr. Vera Gershner. The original plat had an error indicating a 16' drainage and communication easement which should have been an 8' communication easement. The ordinance would abandon the 16' drainage and communication easement and establish an 8' communication easement. The following ordinance was considered: NO. 88-186 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A CERTAIN DRAINAGE AND COMMUNICATIONS EASEMENT WITHIN THE RIDGE OF SOUTHRIDGE SUBDIVISION; RESERVING A PORTION THEREOF FOR A COMMUNICATIONS EASEMENT; AND DECLARING AN EFFECTIVE DATE. Hopkins 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. F. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting the erection, construction, or placement of, all off-premise portable signs, more than one on-premise portable sign on any one premise, all ground signs over 150 square feet in size or over 30 feet in height, and all ground signs within 500 feet of another ground sign on the same premise; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for this ordinance to be in effect until and including February 21, 1989; and providing for an effective date. The following ordinance was considered: NO. 88-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EXTENSION OF A MORATORIUM ON THE ERECTION, CONSTRUCTION, OR PLACEMENT OF THE FOLLOWING SIGNS: OFF-PREMISE PORTABLE SIGNS, MORE THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE PREMISE, ALL GROUND SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND SIGN ON THE SAME PREMISE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF ~2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THIS ORDINANCE TO BE IN EFFECT UNTIL AND INCLUDING FEBRUARY 21, 1989; AND PROVIDING POR AN EPPECTIVE DATE. 326 City of Denton City Council Minutes November 15, 1988 Page 6 Alexander motioned, Hopkins seconded to adopt the ordinance. " Alexander "aye," Hopkins "aye, On roll vote, McAdams "aye, " " Boyd "aye," and Mayor Stephens " Ayer "aye, Gorton "aye, "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance designating and establishing speed zones for east and west bound traffic on Newton Street from its intersection with Wilson Street to its intersection with Morse Street; for north and south bound traffic on Wilson Street from its intersection with Newton Street and continuing north for a total distance of 442 feet; providing for a penalty of a fine not to exceed two hundred dollars; and providing a severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Lloyd Harrell, City Manager, stated that this ordinance would extend the 20 mph speed limit zone around the Martin Luther King, Jr. Recreation Center. The following ordinance was considered: NO. 88-188 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON NEWTON STREET FROM ITS INTERSECTION WITH WILSON STREET TO ITS INTERSECTION WITH MORSE STREET; FOR NORTH AND SOUTH BOUND TRAFFIC ON WILSON STREET FROM ITS INTERSECTION WITH NEWTON STREET AND CONTINUING NORTH FOR A TOTAL DISTANCE OF 442 FEET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Boyd 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. H. The Council considered adoption of an ordinance granting a franchise to Sammons Communications, Inc. to construct, reconstruct, operate and maintain a cable television system in the City of Denton and setting forth conditions accompanying the grant of the franchise. (The Cable Television Advisory Board recommended approval.) (Second reading) The following ordinance was considered: City of Denton City Council Minutes November 15, 1988 Page 7 ORDINANCE NO. 88-189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Boyd 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. 5. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to sign and submit an amendment to the Final Statement Of Objectives And Projected Use Of Funds submitted in June, 1988 to the Department of Housing and Urban Development with appropriate verifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. The following resolution was considered: RESOLUTION NO. R88-068 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED IN JUNE, 1988 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND DECLARING AN EFFECTIVE DATE. Barbara Ross, Community Development Coordinator, stated that this was a transfer of funds from the 1987 and 1988 Housing Rehabilitation and Martin Luther King, Jr. Recreation Center equipment purchase program. Initially the equipment purchases categorized under "public facilities and improvements" but were to be listed under "public servicer. 327 328 City of Denton City Council Minutes' November 15, 1988 Page 8 McAdams motioned, Boyd 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. B. The Council considered approval of a resolution authorizing the Mayor to execute a restated lease agreement between the City and AirDenton, Inc.; approving an agreement between AirDenton, Inc. and Dobransky Enterprises, Inc. and providing an effective date. Debra Drayovitch, City Attorney, stated that the agreement restated the agreement executed by the Council and deleted all references to Maverick Aircraft and substitutes the new corporation of AirDenton, Inc. RESOLUTION NO. R88-069 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RESTATED LEASE AGREEMENT BETWEEN THE CITY AND AIRDENTON, INC.; APPROVING AN AGREEMENT BETWEEN AIRDENTON, INC. AND DOBRANSKY ENTERPRISES, INC. AND PROVIDING AN EFFECTIVE DATE. Hopkins 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 authorizing the Mayor to execute an agreement between the City of Denton and the Denton Independent School District for the development 6f a park located on Teasley Lane. The following resolution was considered: RESOLUTION NO. R88-070 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE DEVELOPMENT OF A PARK LOCATED ON TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Hopkins 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. City of Denton City Council Minutes November 15, 1988 Page 9 Session. D. The Council considered approval of a resolution of appreciation for William "King" Cole. The following resolution was considered: RESOLUTION NO. R88-071 A RESOLUTION IN APPRECIATION OF WILLIAM "KING" COLE. Mayor Stephens requested space be made on the resolution for all of the Council Member to sign. Hopkins motioned, Alexander 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. 6. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. John McGrane, Executive Director for Finance, presented Council with final copies of the 1988-89 budget. B. Reminders 1. Formal lighting of the Christmas lights for the Square would be November 21, 6:00 p.m. 2. Notification had been received from NCTCOG for a legislative dinner, December 8. 3. A Work Session had been scheduled for November 22, 1988. There was no Executive Session held during the Work 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton report with representatives from invited to contribute to the report. requested a 911 progress the 911 Committee being 329 330 City of Denton City Council Minutes November lS, 1988 Page 10 9. The Council convened into the Executive Session to discuss legal matters (County v. City and in re: Flow Medical Center), real estate, personnel and board appointments. The Council reconvened into open session and took up discussion of Item #2. of the Work Session - discussion and consideration of potential Legislative lobbyists. Gorton motioned, Ayer seconded to direct the Mayor and City Manager to call Tom Forbes and ask him to submit a proposal with Bracewell and Patterson being the lead firm and utilizing the services of Charlie Evans, together with a fee arrangement over 2 years. Motion passed unanimously. With no further business, the meeting was adjourned at 9:47 p.m. J~E~INIF]~ I~ALTERS - - C~TY SECRETARY CITY OF DENTON, TEXAS 3011C