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Minutes December 13, 1988CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 13, 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 1. The Council held a discussion regarding legislation to create a Regional Water and Wastewater System for Denton County. Bob Nelson, Executive Director for Utilities, reviewed the history of Denton's policy goals regarding requests from other cities for water. He presented Dallas' policy and region concerns. Nelson reviewed Denton's concept of a regional agency's purpose and goals. Primary goal for the agency would be to provide raw water, treated water, wastewater, pipelines, solid waste and storm water treatment. Austin Adams, Chairman-Citizens Task Force, stated that a regional agency was needed for towns not having a long range planning department for direction. Adams felt that the smaller communities needed the agency without great financial involvement and the larger communities needed to take on responsibility for their requirements. Tom Taylor, Interim General Manager, presented regional goals in the area of water supply, wastewater treatment, regulatory, environmental, ground water, economy, orderly planning. He reviewed the issues impacting these goals such as bias/fears/politics, other regional systems, rate problems, and uncertainty. Taylor reviewed the provisions for the System including boundaries, membership, make-up of the Board and voting power. Feeling of the Council was that another wor~ session would be necessary in order to devote enough time for discussion of concerns. 2. ' The Council received a report regarding Neighborhood Improvement/Planning Programs and a proposed plan for Community Oriented Policing. David Ellison, Assistant to the City Manager, reviewed the project presenting potential advantages, concerns/problems, a proposed timetable and recommendations for Denton. Due to time constraints, the remainder of the presentation was held for the regular session. 337 338 City of Denton City Council Minutes December 13, 1988 Page 2 3. The Council was to hold a discussion on a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Texas Historical Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 1966, and the amendments to the act approved in 1980, as well as rules and procedures for certified local governments published by the Texas Historical Commission. This item was held for consideration at the regular session. 4. The Council did not meet in Executive Session during the Work Session. The Council 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 a proclamation regarding National Drunk and Drugged Driving Awareness Fortnight. 1. The Council considered approval of the minutes of the Regular Meetings of November 1 and 15, 1988, the Joint meeting of November 14, 1988, and the Work Session of November 22, 1988. McAdmas motioned, Hopkins seconded to approve the minutes as presented. Motion carried unanimously. e Public Hearings A. The Council was to hold a public hearing on a detailed plan in an existing Planned Development District (PD-6). Petitioner was Pep Boys of California, Inc. The property was located on 1-35E in San Jacinto Plaza Shopping Center adjacent to Wolfe's Nursery. If approved, the property may be utilized for an automobile service center and automobile parts store. Z-88-016. (Planning and Zoning Commission recommended denial). Frank Robbins, Executive Director for Planning and Community Development, stated that the Planning Department had received a written request from the petitioner requesting a postponement of the public hearing until the January 3, 1989 City Council meeting. As the January 3 meeting would be a work session only, it was requested that the public hearing be postponed until January 17, 1989. The petitioner had requested the postponement so as to allow them more time to work with the neighborhood. City of Denton City Council Minutes December 13, 1988 Page 3 Alexander motioned, Hopkins seconded to postpone consideration of the petition until January 17, 1989. Motioned carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Planned Development-6 and approving a detailed plan on 5.7 acres. Petitioner was Siepiela Interests, Inc. The property was located along the north side of Wilderness Street, the east side of Timberidge Street, and the west side of Kenwood Street. The property was part of the Mary Austin Survey, Abstract No. 4, and the R. H. Hopkins Survey, Abstract No. 1694, and was included in The Woodlands of Township II Addition. If the detailed plan were approved, the property may be developed into single family lots with 6,800 square feet. Z-88-021. (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. Lynn Meyer, representing Siepiela Interests, Inc., stated that the request was for a reduction in density at the site. He reviewed the site plan indicating that larger homes would be built on larger lots which would reduce the number of lots. Meyer showed Council a number of slides taken of the area showing the type of home proposed to be built on the lots. Robert Brown questioned drainage in the area. He lived at the bottom of a creek area which had a number of problems with flooding. He was concerned that the proposed building sites would adversely affect drainage in the area and add to an already difficult problem. Meyer replied that the ultimate situation would be improved. Ms. Billy Harkins stated that she was in favor of the petition. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reviewed the past zoning for the property. She stated that the density would decrease as the lot size increased. A drainage channel would be built behind lots to modify the current drainage situation. The Planning and Zoning Commission had recommended approval of the petition at its meeting of September 28, 1988. 339 3 4 0 City of Denton City Council Minutes December 13, 1988 Page 4 The following ordinance was considered: NO. 88-191 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 5.7 ACRES OF LAND LOCATED WITHIN PD-6, ALONG THE NORTH SIDE OF WILDERNESS STREET THE NORTH SIDE OF TIMBERRIDGE STREET, AND THE WEST SIDE OF KENWOOD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR 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. C. The Council held a public hearing and considered a petition of the City of Denton requesting a variance of Article 4.09 of the City of Denton Subdivision and Land Development regulations on Woodrow Lane. This property was further described as a portion of Lot 2 of the Adkisson Addition at Woodrow Lane south of E. McKinneyo Article 4.09 required the extension of a sewer line across the full width of the development lot in accordance with the Master Sewer Plan for the City of Denton. The Petitioner was requesting a variance from this extension requirement. V-47. (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. Elizabeth Evans, Planning Administrator, stated that this was a request from the City of Denton for a variance of the Subdivision Regulations at the Animal Control Center. The Subdivision Regulations required the extension of a sewer line across the full frontage of the property. As there was no one to be served by the extension and it was not necessary for proper development to occur, the City was requesting a variance. The Planning and Zoning Commission felt that all three criteria had been met to grant the variance. City of Denton City Council Minutes December 13, 1988 Page 5 McAdams motioned, Alexander seconded to adopt the ordinance based on the criteria presented by the Planning and Zoning Commission. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "ayes" Motion carried unanimously. 3. The Council received a report from Gene Douglas and Mr. and Mrs. Tillman Uland regarding the City of Denton operating defensive driving classes in free competition with their programs. Gene Douglas stated that he owned one of the defensive driving schools in the City of Denton. It had come to his attention that one of the defensive driving schools was being operated by the City of Denton. After the City published ads in the phone book last summer, his business dropped off to nearly nothing. He had to discontinue his Monday-Tuesday classes and might be forced to discontinue his whole business. He thought that NTSU had to lay off one instructor and TWU had discontinued its classes. He felt that there were adequate private schools to do the same job and just as cheaply and well as the City did. He felt that socialized business was necessary in order to provide the public with a service. This could not be compared to operating a public school and there was a fee charged and a profit made. He felt that the net result of the City's operation was to cause less service to the public elsewhere rather than to increase the service to the community. The City had access to free classroom space, City personnel already on salary for other purposes were being used to supervise the program, the City did not have to pay a tax. The City was teaching outside the City of Denton such as in Decatur. He felt that the City was using deceptive advertising with the white pages listing in which defensive driving was listed immediately under the Municipal Court Clerk's Office. He had researched the idea of the school being a "utility". He found that a city may not operate an enterprise unless it was a utility. The City may operate services and if a service was a utility, it would fall under the regulatory agency of the PUC or Railroad Commission. Tillman Uland referred to a report he presented to Council. He started his own defensive driving school after the City of Denton's school went downhill. He stated that the City's school originally was started to fill in a need as the City did not have any defensive driving courses in Denton. Now there were enough schools to fulfill that need and the City's program was no longer needed. He felt that there was a conflict of interest with the City running a defensive driving school. He felt that the City was using improper ads in the phone book as they did not indicate that the City was running the schools. He asked if the cost of the ads was a budget item that the Council approved. He also brought up the white pages ad with defensive 341 City of Denton City Council Minutes December 13, 1988 Page 6 driving noted under the "Municipal Court Clerk" He felt that there had been a law violated in that the City did not use its full licensed name in the phone ads. Mayor Stephens asked Mr. Douglas if all of the schools were the same price. Douglas stated that he had to reduce his price due to the competition from the City. He felt that all of the other schools were charging $20, the same as the City. He stated that the City could not do the service any cheaper or better than any one else. Lloyd Harrell, City Manager, stated that the City's defensive driving school was not anything new, as the school had been in operation for 16 years. The school was a good program and had been recognized by the National Safety Council. All of the expenses for the program were paid out of the fund established by the program and was able to return to the City's General Fund approximately $30,000 per year. That money went to support other public safety programs such as police and fire protection. He felt that the problem was a philosophical question of whether it was an appropriate function for the City of Denton to be involved in. If the Council had a problem with the City involvement, perhaps the best time to discuss continuation of the program would be during the budget process as the money raised from the program would be forfeitted and other sources would have to be found for that lost money. Consensus of the Council was to take this matter up during the next budget process. Item 5.M. was moved ahead in the agenda order. 5. Ordinances M. The Council considered adoption of an ordinance directing the issuance of notice of sale of General Obligation Bonds. Frank Medanich, First Southwest, stated that this was an order directing issuance of the notice of sale which needed to be published in the local newspaper and the Bond Buyer. John McGrane, Executive Director for Finance, stated that this would be' for the third year of a five year program. The following ordinance was considered: City of Denton City Council Minutes December 13, 1988 Page 7 NO. 88-204 AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF GENERAL OBLIGATION BONDS. 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. Item 3. on the Work Session and Item 6.D. were combined for consideration. 6. Resolutions D. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Texas Historical Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 1966, and the amendments to the act approved in 1980, as well as rules and procedures for certified local governments published by the Texas Historical Commission. Elizabeth Evans, Planning Administrator, stated that this was a matching grant program that was funded by the U.S. Department of Interior through the Texas Historical Commission which filtered the funds to the certified local government cities in the state of Texas. This resolution would allow the City to apply for status but not for funds at this time. The status was needed before application could be made for the funds. Mike Cochran, Chairman-Historic Landmark Commission, stated that this was a good program for the City and presented advantages for the City. The following resolution was considered: RESOLUTION NO. R88-075 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE TEXAS HISTORICAL COMMISSION A REQUEST FOR CERTIFIED LOCAL GOVERNMENT STATUS, IN ACCORDANCE WITH THE NATIONAL HISTORIC PRESERVATION ACT OF 1966, AND THE AMENDMENTS TO THE ACT APPROVED IN 1980, AS WELL AS RULES AND PROCEDURES FOR CERTIFIED LOCAL GOVERNMENTS PUBLISHED BY THE TEXAS HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE. 343 344 City of Denton City Council Minutes December 13, 1988 Page 8 McAdams 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. The Council returned to the regular agenda order. 4e Consent Agenda Mayor Pro Tem Hopkins requested Item 4.A.1. be pulled for special consideration. McAdams motioned, Hopkins seconded to approve the Consent Agenda with the exception of Item 4.A.1. Motion carried unanimously. A. Bids and Purchase Orders: Be 2. Bid ~9914 - 30 gal. plastic refuse bags Tax Refunds t. Consider approval of a tax refund- for Charles Wilson/Michael Wilson (Account #8904-00621) 2. Consider approval of a tax refund for Charles Wilson/Michael Wilson. (Account #8904-00622) C. Plats and Replats Consider approval of preliminary and final replat of Lots 1-23 to Lots 1R-16R and Lots 42-43 to Lots 42R-51R, Block A, The Woodlands of Township II. (Planning and Zoning Commission recommended approval) Consider making a recommendation on preliminary replat of Lot 2A of the Adkisson Addition. (Planning and Zoning Commission recommended approval) Item 4.A.1. was considered. Mayor Pro Tem Hopkins questioned why the low bid was not taken. City Manager Harrell stated that the base bid was rejected because it did not meet the specification by the City. City of Denton City Council Minutes December 13, 1988 Page 9 Mayor Stephens asked how it did not meet the specifications. John Marshall, Purchasing Agent, stated the specifications had requested a Lees carpet of a certain weave and weight which was a brand that everyone had equal opportunity to obtain. The bid from Smitty's Floor Covering was for a Philadelphia carpet. If the carpet had been the same weight, the same weave, etc., it would have been considered but what was bid did not meet the specifications in the weight and weave. It did have the same type of back but not the weight and the weave. Thus the bid was disallowed and the next low bid was taken. McAdams motioned, Gorton seconded to approve Consent Agenda Item 4.A.1. Motioned carried unanimously. 5. 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. 88-192 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 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 authorizing the expenditure of funds by the City of Denton for the annual service fee for membership in the American Public Power kssociation and approving the expenditure of funds therefore. (The Public Utilities Board recommended approval). The following ordinance was considered: 345 346 City of Denton City Council Minutes December 13, 1988 Page 10 NO. 88-193 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; 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 establishing classified positions in the Fire Department of the City of Denton, Texas; providing for the number of persons authorized for each classified position; and repealing all ordinances and resolutions in conflict herewith. John Cook, Fire Chief, stated that Chapter 143 of the Civil Service Law required that higher classification pay be paid to employees who acted in temporary positions. Currently based on the number of hours that vacation, holiday and compensatory time that were generated by members of the Fire Department at the level of Captain, three people could be promoted to the position of Captain to act when the other people were out without having to pay higher classification pay. This would result in an even balance in the budget but would provide better management control. The following ordinance was considered: NO. 88-194 AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE FIRE DEPARTMENT OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR EACH CLASSIFIED POSITION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING 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. City of Denton City Council Minutes December 13, 1988 Page 11 D. The Council considered adoption of an ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Credits" in said system for service performed by qualifying members of such system who presently are in the employment of the City of Denton; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. Tom Klinck, Director of Personnel, stated that the update of the service credits had been approved with the 1988-89 budget and this ordinance would implement that update. The following ordinance was considered: NO. 88-195 347 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING 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. E. The Council considered adoption of an ordinance approving a contract for Flexible Benefits/Section 125 administration to Employee Resource Administration Corporation. The following ordinance was considered: NO. 88-196 -AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EMPLOYEE RESOURCES ADMINISTRATION CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 3 4 8 City of Denton City Council Minutes December 13, 1988 Page 12 Alexander 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. F. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Services Program for Aging Needs (SPAN) relating to Handihop service; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-197 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) RELATING TO HANDIHOP SERVICE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; 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. G. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-198 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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. H. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. City of Denton City Council Minutes December 13, 1988 Page 13 The following ordinance was considered: NO. 88-199 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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. I. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Denton City-County Day Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-200 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer 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. J. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton County League of United Latin American Citizens Council No. 043~6; authorizing the Mayor to execute an agreement entitled "English As A Second Language"; and approving the expenditure of funds therefor. The following ordinance was considered: 349 350 City of Denton City Council Minutes December 13, 1988 Page 14 NO. 88-201 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN AMERICAN CITIZENS COUNCIL NO. 04366; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ENTITLED "ENGLISH AS A SECOND LANGUAGE", APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer 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. K. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton County League of United Latin American Citizens Council No. 04366; authorizing the Mayor to execute an agreement entitled 'Educational Assistance Program"; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-202 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN AMERICAN CITIZENS COUNCIL NO. 04366; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ENTITLED 'EDUCATIONAL ASSISTANCE PROGRAM't APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer 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. L. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Services .Program for Aging Needs; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-203 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes December 13, 1988 Page 15 M. This item was considered earlier in the agenda. N. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the correction of the erroneous designation of 9.2 acres of land as a Single-family (SF-10) zoning district as contained in Ordinance No. 73-25 and No. 73-27, by amending those ordinances to provide the correct designation of the 9.2 acre tract as a Planned Development (PD) zoning district for General Retail use; and providing for an effective date. Cecile Carson, Urban Planner, stated that staff believed the intent of the Council in 1973 was to zone the property at the corner of Teasley and Teasley to be PD-Retail with the remaining portion to be single family. The minutes were changed to reflect the intent of the Council but the ordinance was not changed. The following ordinance was considered: NO. 88-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CORRECTION OF THE ERRONEOUS DESIGNATION OF 9.2 ACRES OF LAND AS SINGLE FAMILY (SF-10) ZONING DISTRICT AS CONTAINED IN ORDINANCE NO. 73-25 AND NO. 73-27, BY AMENDING THOSE ORDINANCES TO PROVIDE FOR THE CORRECT DESIGNATION OF THE 9.2 ACRE TRACT AS A PLANNED DEVELOPMENT (PD) ZONING DISTRICT FOR GENERAL RETAIL USE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer 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. O. The Council considered adoption of an ordinance of the City of Denton, Texas abandoning and vacating a portion of the public street right-of-way located at the intersection of Peach Street and North Locust Street, more particularly described herein; and declaring an effective date. (Planning and Zoning Commission recommended approval). Elizabeth Evans, Planning Administrator, stated that the property had been determined to be undevelopable. The adjacent property owner did not want to purchase the property but would be willing to maintain the property. 351 352 City of Denton City Council Minutes December 13, 1988 Page 16 The following ordinance was considered: NO. 88-206 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF PEACH STREET AND NORTH LOCUST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING 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 "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote. P. The Council considered adoption of an ordinance approving Supplemental Agreement No. 1 between the Cities of Dallas and Denton; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 88-207 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE CITIES OF DALLAS AND DENTON; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; 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. 6. Resolutions A. The Council considered approval of an resolution adopting- the boundaries of the special purpose activity center as part of Appendix A of the Denton Development Plan; and providing for an effective date. (The Planning and Zoning Commission recommended approval). The following resolution was considered: City of Denton City Council Minutes December 13, 1988 Page 17 RESOLUTION NO. R88-072 353 A RESOLUTION ADOPTING THE BOUNDARIES OF THE SPECIAL PURPOSE ACTIVITY CENTER AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander 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. B. The Council considered approval of a resolution amending paragraph A.3.b. of Chapter V of the Denton Development Plan (1988); and providing for an effective date. Frank Robbins, Executive Director for Planning, stated that this resolution would excluded the technical analysis and details requirement update be approved by Council every time a Certificate of Occupancy was issued. The following resolution was considered: NO. R88-073 A RESOLUTION AMENDING PARAGRAPH A.3.b. OF CHAPTER V OF THE DENTON DEVELOPMENT PLAN (1988); AND PROVIDING FOR AN EFFECTIVE DATE. McAdams 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. C. The Council considered approval .of a resolution adopting the technical analysis and intensity calculation for Area No. 41 as part of Appendix A of the Denton Development Plan; and providing for an effective date. The foll6wing resolution was considered: RESOLUTION NO. R88-074 A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND INTENSITY CALCULATION FOR AREA NO. 41 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 354 City of Denton City Council Minutes December 13, 1988 Page 18 Hopkins motions, 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. D. The Council considered of a resolution leasing parking spaces located on the Williams Trade Square and declaring an effective date. The following ordinance was considered: RESOLUTION NO. R88-076 A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE AND DECLARING 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. Miscellaneous matters from the City Manager. Item #2 from the Work Session was continued. 2. The Council received a report regarding Neighborhood Improvement/Planning Programs and a proposed plan for Community Oriented Policing. Mike Jez, Chief of Police, reviewed the highlights of the C.O.P. program in which the residents of a neighborhood and the Police Department would work together to improve the quality of life in the neighborhood. A. City Manager Harrell updated the Council on the 9-1-1 situation and stated that the City Managers from Carrollton, Lewisville and Denton had met regarding a position that those three cities would take at the upcoming public hearing. He asked for approval from Council on two points to make at-the public hearing on behalf of the City of Denton: (1) the 3% charge authorized by the voters as the maximum fee for the E911 system should not be increased at this time without a vote of the people, (2) technical expertise be offered to the Board and Administration to evaluate the system. Staff was asking for authority to state the position that prior to the Board seeking voter authorization to increase the monthly charge, that a thorough analysis be presented and shared with the citizens of Denton County as the various alternatives available to implement the E911 system. The analysis should include an examination of the financing, equipment, and operational alternatives for the system. The City of Denton City of Denton City Council Minutes December 13, 1988 Page 19 stood ready to provide a staff member to assist with the development of this information and was certain that other jurisdictions within the County would supply technical expertise for this assignment if requested by the 911 Board. It was the intention to have John McGrane, Executive Director for Finance, serve as the City's representative to work with the 911 Board and Administration to try and develop those sets of alternatives and look at the details in presenting to all the governmental bodies and the citizens of Denton County what the alternatives were. Consensus of the Council was to have Council Member Alexander represent the Council at the public hearing and make the above points. 8. There was no Executive Session held during the work session. 9. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Hopkins requested a report/study regarding a new policy on the procedure for street closings. 10. The Council convened into Executive Session to discuss legal matters (tax suit against Maverick Aircraft, et. al.), real estate (considered acquisition of land for fire station sites and considered acquisition of right-of-way for bridge on Masch Branch Road), and personnel/board appointments (held a discussion regarding vacancies on the Airport Board, Community Development Block Grant Committee, the Low Income Housing Task Force and the Appendix A Committee and held a discussion on applicants for a alternate municipal judge). No official action was taken. With no further business, the meeting was adjourned at 10:36 p.m. J~NIFBR~LTERS, CITY SECRETARY C~/CY OF DENTON, TEXAS 355 3020C 356 RECOMMENDATION TO CITY COUNCIL V-47 The City Council held a public hearing on December 13, 1988 to consider the petition of the City of Denton requesting a variance of Article 4.09 of Appendix A of the Code of Ordinances of the City of Denton~ Texas. After consideration and discussion of the following criterla~ the Council recommended ~ by a vote of ~--~ at its meeting ~ The Council based its recommendation on the on following responses to the criteria: 1. Granting of the request would not violate any master plans. This extension does not appear on any Master Plans. The special or peculiar conditions upon which the request is based relate to the topography~ shape~ or other unique physical features of the prop- erty~ which are not generally common to other properties. All adjoinin~ properties have sewer service~ so there is no physical need to extend the sewer line. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. The situation is not a result of any action by the owner or any previous