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Minutes December 20, 1988CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 20, 1988 The Council convened into the Joint Work Session with the Library Board at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Ayer, Boyd, Gorton and McAdams. ABSENT: Council Member Alexander LIBRARY BOARD PRESENT Members Speck, Schaake, Pickens, Adkins and Glasgow 1. The Council and the Library Board held a discussion regarding library expansion options. Joella Orr, Library Director, stated that the charges for the consultant were to look at the present building in terms of needs and also future needs and options. Dick Waters, HBW Associates, presented a synopsis of his report to Council. The first part of his work dealt with looking at the existing building and the available bond funds. His recommendation was not to expand the existing building as the site was difficult for expansion, usage would be further complicated by additional expansion, the present building was located in a site that was primarily service/government orientated, and parking would need to be greatly expanded if the present location were greatly expanded. Recommendation for the present site was a modest expansion for better use of existing space and the purchase of two new sites for major branches for the community. HBW was also recommending the purchase of a book mobile to serve the community while the new sites were being developed. In terms of budget, the recommendation was to increase the materials budget over the next 7-8 years so that it would reach 20% of the total budget. Future site recommendations would be a branch in southeast Denton and one in north Denton. Additional recommendations consisted of continued use of children's programs, more programs for adults, and automation of the program which was badly needed. Dr. David Speck, Library Board, stated that the Board agreed with all of the recommendations from HBW and was ready to proceed. Lloyd Harrell, City Manager, stated that staff felt the priority for the $1 million was to proceed with the modest renovations of the current building, purchase the two branch sites and build as much as possiDle on the first building. 357 358 City of Denton City Council Minutes December 20, 1988 Page 2 Consensus of the Council was to receive a report from the CIP Committee before proceeding with the proposed calendar. 2. The Council convened into Executive Session to discuss legal matters (County of Denton vs. City of Denton, Flow Memorial Hospital Bankruptcy, Struble v. City of Denton, worker's compensation claims by David Hurley and Jerry Tanner), real estate and personnel and board appointments. 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 Ayer, Boyd, Gorton and McAdams. ABSENT: Council Member Alexander 1. The Council received a presentation of the Certificate of Achievement Award to the City of Denton for excellence in financial reporting from the Government Finance' Officers Association of the United States and Canada. Jerry McHorter, representing the Government Finance Officers Association of Texas, presented the award to the Mayor and Council. 2. The Council received a presentation by the Southland Corporation to SPAN. Clint Miller, Local Field Manager for 7-11, presented Roberta Donsback, Executive Director of SPAN, with a check for $1000 for its operation. Public Hearings A. The Council held a public hearing and considered an ordinance amending Planned Development-18 and approving a concept plan on 19.0704 acres which expanded Planned Development-18 to 24.4 acres. Petitioner was Safety Kleen Corporation. The property was located at the southeast corner of Cooper Creek Road and the Texas and Pacific Railroad and Mingo Road. The property was currently zoned agricultural and planned development industrial and more fully described in the Moreau Forrest Survey, Abstract No. 417. If approved, the property may be used for industrial uses. Z-88-020. (The Planning and Zoning Commission recommended approval). City of Denton City Council Minutes December 20, 1988 Page 3 The Mayor opened the public hearing. Tom Jester, representing Safety Kleen, stated that the proposed planned development was for warehouse space, locker room space and office space. He stated that at a previous Planning and Zoning Commission meeting, there had been allegations of chemical spills. He stated ~hat there had never been any spills at the site and no employee had ever complained about illness from their chemicals. Any construction on the site must not only be approved by the City of Denton but also by the State. Roy Appleton, Denton Economic Development Board, stated that the charge of the Board was to encourage economic development in Denton. He stated that this was a local company that had been in Denton a long time. The company supported the community and was a good neighbor. He recommended approval of the request. Joy Powell, resident of the area, spoke in opposition. She played a portion of a tape recording of the noise in the area which interrupted her sleep during the night. She presented the Council with a list of hazardous chemicals found at Safety Kleen. She stated that she had become sick from breathing fumes from the plant. She felt that it was not fair to the residents in the area to have the plant there and did not want it expanded. Allen Lubbers, resident of the area, questioned the zoning classification of LI (light industrial) for the area. How could the zoning be correct if heavy trucks were going in and out and a railroad was being used. He did not see how a light industrial classification fit the current use for the property. His concept of light industrial was mini-warehouses and gas stations, not heavy trucks and a railroad. Tom Jester was allowed a rebuttal. Mr. Jester introduced Dennis Glenn, Facility Manager-Safety Kleen. Mr. Glenn stated that the plant was highly regulated by the Texas Air Control Board, 'the Texas Water Commission, and the Environmental Protection Agency. Those agencies did an annual inspection and since the facility had been there, they had never received a violations nor fined for a violation. He stated that he had provided Ms. Powell with the list of hazardous chemicals and that a more complete list was on file in the City offices. 359 Council Member Gorton asked if spills had to be reported to the EPA, Texas Air Control Board, etc. 360 City of Denton City Council Minutes December 20, 1988 Page 4 Glenn replied that there were definitions of what the EPA considered spills. Since the facility was opened in 1975, there were three incidences recorded of spills on-site. They did not go outside the facility and were reported voluntarily. Follow-up was not made by any agency. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was an expansion of an existing planned development approved in 1974 for a tank area/recycling of various chemical and warehousing facilities. In 1985 the Council considered and recommended that an ordinance be prepared for an expansion of the site which included additional warehouse facilities. Since that time, Safety Kleen had been constructing the facility under the operation of a planned development district and were requesting an expansion for warehousing and distribution land uses on property which was currently zoned agricultural/planned development/light industrial. A number of staff personnel had been involved in the review of the request because of the types of uses concerned. Howard Martin, Municipal Lab-City of Denton, had provided detailed information about the Safety Kleen operation. He stated that this was one of the cleanest operations from an industrial standpoint in the City of Denton. The site had chemicals which were highly explosive and flammable being transported in and around the area. All of that information had been supplied to Ross Litman, Emergency Management Coordinator, who stated that there was a very detailed evacuation plan for that area. It was also regulated by the Texas Water Commission, the Texas Air Control Board and the Environmental Protection Agency. The property was located in a low intensity area which the Denton Development Plan indicated should be predominately residential and low intensity in nature. However, the area was 36% over intensity based on current zoning with mixed land uses. The Planning and Zoning Commission considered the request under the policy of economic development which stated that the City might waive application of intensity policies to accommodate certain industrial uses. Based on the information provided by Safety Kleen, the site would meet those classifications and approximately 90% of the materials processed at the site would go outside the City limits, one of the major criteria for that consideration. Council Member Boyd asked if there were any indications of activity that would hamper ground water in the area. Carson replied not to her knowledge. Nothing was released into the sewer system or into the ground water itself until it was inspected by the City with certain items not being allowed in the storm water system. City of Denton City Council Minutes December 20, 1988 Page 5 The following ordinance was considered: NO. 88-208 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 17.1 ACRES OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE FROM LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.9 ACRES OF LAND; PROVIDING THAT THE 19 ACRES OF LAND HEREIN REZONEDv LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COOPER CREEK ROAD AND THE TEXAS AND PACIFIC RAILROAD TRACKS, SHALL BE INCLUDED WITHIN AND BE A PART OF PD-18v AS ESTABLISHED BY ORDINANCE NO. 74-31; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR THE 19 ACRES OF LAND HEREIN REZONED AND ADDED TO THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd 'aye,' and Mayor Stephens 'aye." Motion carried unanimously. Council Member Gorton asked that the record show that he had voted against allowing residential property to the north of the Safety Kleen site. Consent Agenda McAdams motioned, Gorton seconded to approve the Consent Agenda as indicated. Motion carried unanimously. A. TaX Refunds Considered approval of a tax refund for Southridge Village P/S - #8907-00128. Considered approval of a tax refund for Southridge Village P/S - #8907-00130. 5. Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Bracewell & Patterson and Winstead, McGuire, Sechrest & Minick for legislative representation. 361 362 City of Denton City Council Minutes December 20, 1988 Page 6 Lloyd Harrell, City Manager, stated that this was a formal agreement with Tom Forbes and Charles Evans to help in the legislative session with legislative representation with the indigent health care issue. There was a clause in the agreement that if other cities joined the effort and those cities caused substantially extra work, Forbes and Evans reserved the right to renegotiate the agreement. Formal conversations had taken place with the four other cities affected as Denton and had a tentative agreement with two of the cities and expected the other two to follow suit. Council Member McAdams expressed concern about there being no cap on expenses. Was there any idea of the total cost of the package? City Manager Harrell stated that that item had been discussed during negotiations and no reasonable estimate could be determined. The Council held a discussion regarding expenses and what were reasonable expenses with a determination that along with the monthly itemization received by the City, monthly expenses would be included. The following ordinance was considered: NO. 88-209 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRACEWELL & PATTERSON AND WINSTEAD, McGUIRE, SECHREST & MINICK FOR LEGISLATIVE REPRESENTATION AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams 'nay," Hopkins 'aye," Gorton 'aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-1 vote. · B. The Council considered adoption of an ordinance amending Sec. 4-10 of the Code of Ordinances of the City of Denton relating to the required distance between certain dwellings and the enclosed spaces in which livestock may be kept; and providing for a penalty in the maximum amount of five hundred dollars for violations therefor. Rick Svehla, Deputy City Manager, stated that the present ordinance read that certain animals could not be kept within 200 feet of any dwelling. The change would allow the owner of the livestock to live closer that 200 feet if they chose to do so. City of Denton City Council Minutes December 20, 1988 Page 7 Council Member Ayer asked why a property owner should be allowed to live closer than 200 feet if others could not due to sanitation and health reasons. Council Member Boyd suggested that there might be a problem with the ordinance reading "owner of the property" if an individual decided to rent the property. The owner could put animals closer than 200 feet to a renter's residence therefore possibly affecting the health, safety and welfare of other individuals. He suggested that the ordinance be changed to "owned and occupied by said person". Boyd motioned, Gorton seconded to adopt the ordinance with a change to read" owned and occupied by said person". McAdams motioned, Gorton seconded to postpone action on the item until the second meeting in February in order to work out proper legal language. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Item 5.E. was moved ahead in the agenda order. E. The Council considered adoption of an ordinance authorizing the publication of notice of intention to issue Certificates of Obligation. Frank Medanich, First Southwest, stated that this was the beginning of a funding process for purchases and improvements. It was the most cost effective way as opposed to a lease-purchase arrangement. John McGrane, Executive Director for Finance, stated that the money would be for CIP projects, lease/purchase items and a renovation of the heating/air conditioning system for City Hall. The following ordinance was considered: NO. 88-211 363 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS. 364 City of Denton City Council Minutes December 20, 1988 Page 8 McAdams motioned, Boyd seconded to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. C. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the north side of a portion of Hanover Street; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety Support Commission recommended approval). The following ordinance was considered: NO. 88-210 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF A PORTION OF HANOVER STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens 'aye." Motion carried unanimously. D. The Council considered adoption of an ordinance establishing permit fees for the inspection of parking lot/driveways as required by Appendix A of the Code of Ordinances. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, -ESTABLISHING FEES FOR THE PARKING LOT/DRIVEWAY PERMITS REQUIRED BY APPENDIX A OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that this would incorporate the permit charge when the Appendix A, Chapter 4 was approved. The fee would be based on the number of hours estimated spent on different sized lots. McAdams motioned, Gorton seconded to adopt the ordinance. Council Member McAdams stated that if the parking lot were in conjunction with a building for which a permit was already paid for, there would not be an additional permit fee for the parking lot. City of Denton City Council Minutes December 20, 1988 Page 9 Svehla replied that there would be a separate fee regardless if it were a new building or an existing building constructing a new lot. McAdams stated that that was not the information Council had received earlier - only lots in conjunction with a new building would not be required to pay an additional permit fee. Lloyd Harrell, City Manager, stated that the fee structure was being proposed to cover the cost of the actual inspection of the parking lot and making sure it met the new specifications adopted by the City. Previously, that was not done. In the past the inspection only involved making sure that the lot was a hard surface. Mayor Stephens stated that the fee schedule was just to recover cost and not to show surplus. Council Member Boyd expressed a concern with the fee being separated out from other fees. He felt that it should be included in the original inspection fee and not broken out from the other general inspection fees. Staff Members Evans and Carson confirmed that original discussions stated that there would not be an additional fee for new buildings. A discussion was held by Council Members centering on whether to charge a separate fee for the parking lot inspections or to include the fee in the original inspection fee. On roll vote, McAdams "nay," Hopkins "nay," Gorton "nay," Ayer "nay," Boyd "nay," and Mayor Stephens "aye." Motion failed with a 5-1 vote. F. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract between the City of Denton and Freese & Nichols Consulting Engineers to prepare airport preapplications for submittal to the F.A.A. for airport- improvement projects eligible to receive airport improvement program funds. (The Airport Advisory Board recommended approval). The following ordinance was considered: NO. 88-212 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLSt PROFESSIONAL ENGINEERING SERVICES AND PROVIDING EFFECTIVE DATE. AGREEMENT INC. FOR FOR AN 365 366 City of Denton City Council Minutes December 20, 1988 Page 10 McAdams motioned, Body seconded to adopt the ordinance. On roll vote, McAdams "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 lease between the City of Denton and Bert E. Mahon and Mary L. Mahon for property located at the City of Denton Municipal Airport, Denton, Texas. (The Airport Advisory Board recommended approval). Rick Svehla, Deputy City Manager, stated that this was a lease for hanger space at the north end of the airport. Council Member Ayer stated a concern regarding the low rental fee. He questioned why the rent was only 8~ per square foot when the lease was for 25 years. He felt it was too low for too long. Svehla replied that the property was at the furthest north piece of ground at the airport. The Master Plan had designated that area for 8~. Ayer stated that there would soon be improvements to the north section of the airport and that perhaps the improvements would increase the value of that portion of the airport. In that case, a long term lease of 25 years would not be beneficial to the City. McAdams motioned, Ayer seconded to table consideration of the item until staff could provide additional information to Council including a map of the area showing rental charges and why those charges were applied to those portions of the airport and how the CIP projects would affect the land and potential rental fees. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 5-1 vote. 6. Resolutions A. The Council considered approval of a resolution postponing the regular meeting of January 3, 1989 to January 10, 1989. The following ordinance was considered: NO. R88-077 A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF JANUARY 3, 1989 TO JANUARY 10, 1989; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes December 20, 1988 Page 11 Boyd motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. e Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. November Budget Recap - Harrell stated that this item was explained in the back-up materials and would answer any questions Council might have. B. Considered street names and the 911 system - Harrell referred to the report from Frank Robbins. Staff was recommending to Council that it was not necessary to rename streets in Denton at this point in time. C. Considered annexation of property along the Elm fork of the Trinity River from the City limits to the Lake Ray Roberts Dam. A-58. Cecile Carson, Urban Planner, stated that the City may proceed with the annexation of property up to the dam. Beginning the process sometime in January would put completion in late March. Notices had been sent to property owners in the area regarding the proposed annexation with a request to consider voluntary annexation of 100'. The annexation would begin with a 1000' strip because all of the signatures may not be received for the voluntary t00'. D. Considered General Telephone's request to expand local measured service to the Denton area. Roger Nelson, Administrative Aide, updated the Council regarding local measured service. Consensus of the Council was to draft a letter to the PUC in opposition to the service in Denton with a resolution to follow at a later Council meeting. 8. There was no official action taken on Executive Session items discussed during the Work Session. 9. · The Council then convened into Executive Session to continue previous discussions. No official action was taken. With no further business, the meeting was adjourned at 9:54 p.m. Ni ~E~R~A'L T E R S Y SECRETARY CITY OF DENTON, TEXAS CITY ~ DENTON, TEXAS 3024C 367